This coming December will mark four years since the shooting of 20 first graders and six educators at an elementary school in Newtown, Connecticut. Since that shooting, our federal government has not passed a single law to protect Americans from senseless gun violence.

Fortunately, Congress isn’t the only avenue for change. Efforts at passing meaningful legislation at the state level, especially in the northeast, have been a totally different story. Picking up where the federal government has failed us, the state first out of the gate was New York in January 2013.  The Secure Ammunition and Firearms Enforcement Act expanded the definition of assault weapons banned in New York, created a state database for pistol permits, reduced the maximum number of rounds legally allowed in magazines from ten to seven, and required universal background checks on all gun sales.

In April 2013, Connecticut passed new restrictions to the state’s existing assault weapons ban and required universal background checks for all firearm purchases. Governor Malloy signed them into law later the same day.

Also in April 2013, Maryland passed the Firearm Safety Act of 2013, banning the purchase of 45 types of assault weapons and limiting gun magazines to 10 rounds. It requires handgun licensing and fingerprinting for new gun owners, and bans those who have been involuntarily committed to a mental health facility from buying a gun.

Then in August, 2014, our neighbors in Massachusetts passed a bill reforming the state’s gun laws, with provisions focused on school safety, mental health, background checks and enhanced criminal penalties for gun crimes.

So what has Rhode Island’s General Assembly been doing about gun violence?   So far, virtually nothing. Other than one small measure to require that courts report those who have been involuntarily committed to mental institutions, our lawmakers have yet to enact any significant gun laws since Sandy Hook.

Rhode Island can and should be doing more to protect citizens from senseless gun violence.  This past session, the Rhode Island chapter of Moms Demand Action for Gun Sense in America supported a bill sponsored by Representative Teresa Tanzi (D – Naragansett, South Kingstown) that would have effectively kept guns out of the hands of domestic abusers. This bill represents a modest and reasonable improvement to our state gun laws, generally bringing Rhode Island law in line with federal law.  The bill is straightforward:  if you are a domestic abuser, you should not have access to firearms. Polling results that show that four out of five  Rhode Islanders agree that domestic abusers should be prohibited from having guns[i].  And we know that domestic violence affects Rhode Island’s most vulnerable citizens: children, women, and families.

Why have our neighbors in Connecticut, New York and Massachusetts passed meaningful gun laws in recent years, while Rhode Island can’t so much as advance a relatively modest, commonsense bill out of committee? The disconnect lies with our elected officials and includes leadership in both chambers of the legislature.  Increasingly, it appears that elected officials are more inclined to listen to the gun lobby than their constituents. 

But this November, every registered voter can make an informed decision about who gets their vote.  I urge all Rhode Island voters to pledge to support candidates who will fight for common-sense laws to reduce gun violence.  Take a few minutes to contact candidates if you do not know where they stand on gun issues and vote accordingly.  Vote like your life depends on it.  Because with over 33,000 deaths from gun violence every single year in our country, your life and the lives of your loved ones very well may.

The progressive revolution in Rhode Island politics continues beyond Bernie Sanders as no less than seven progressive Democrats won primaries against conservative, often incumbent, opponents in Tuesday’s Democratic primary.

The biggest win for the progressive left was Marcia Ranglin Vassell toppling House Majority Leader John DeSimone in District 5, Providence. She won by just 17 votes, 677 to 660.

But across the state, progressive candidates bested more-conservative candidates. In Narragansett/South Kingstown, incumbent Teresa Tanzi fended off an opponent who had the backing of Mike Stenhouse, a conservative Koch-aligned activist, and the Republican she beat last election. In Portsmouth/Middletown, former legislator Linda Finn handily beat a candidate backed by House leadership. In Bristol/Warren, newcomer Jason Knight knocked out incumbent Jan Malik. And in Warwick, relatively unknown Jeanine Calkin, a Berniecrat, beat Senator William Walaska, a former ALEC member.

Also in Providence, first-time candidate Moira Walsh defeated incumbent Tom Palangio by 21 votes, 299 to 278. All told, five new progressives seem poised for seats in the state legislature. It seems guaranteed there will be more progressive legislators than Republican legislators next session.

But it wasn’t all good news.

In District 13, Providence, community activist Lisa Scorpio lost to house leadership-backed Ramon Perez by a wide margin. He won 512 votes, or 56 percent and she won 352 votes, or 38.5 percent. Anastasia Williams, an incumbent with a checkered past and close ties to leadership, beat Michael Gazdacko, who may have suffered after being pegged as a gentrifying developer. David Norton, whose campaign was often fueled by criticism of house leadership, lost to David Coughlin by 46 votes, 489 to 443. Bill DeWare, who became sick during the campaign, lost handily to William O’Brien.

On the Senate side, incumbent Juan Pichardo lost by about 100 votes to Ana Quezada. Doris de Los Santos, backed by many progressive Democrats, lost to Senator Frank Ciccone, a friend to labor but not so much the rest of the left. In a three-way race in Pawtucket, incumbent Jaime Doyle beat Matt Fecteau 40.3 percent to 37.4 percent.

Of the 12 legislative candidates the Rhode Island Progressive Democrats endorsed (as of mid-August), six won. The Working Families Party endorsed 10 candidates and eight of them won. Incumbent Eileen Naughton lost to Camile Vella-Wilkinson in Warwick/West Warwick and Dennis Lavallee lost to Jena Petrarca-Karampetsos.

“Voters are clearly hungry for bold progressive policy,” said Georgia Hollister Isman, Working Families Party Rhode Island state director. “These victories send a clear message to the legislature—it is time for some big changes.”

The 12 candidates, in alphabetical order, are: Jeanine Calkin, Nick Delmenico, Doris De Los Santos, Bill Deware, Susan Donovan, David Norton, Marcia Ranglin-Vassell, Jim Seveney, Jennifer Siciliano, Lisa Scorpio, Teresa Tanzi and Moira Walsh.

Tanzi was the only incumbent on the list.

The news release contained narratives for 8 most recently-endorsed candidates:

1) We are thrilled to endorse Marcia Ranglin-Vassell of District 5 in her challenge against the House Majority Leader, John DeSimone. A special education teacher in Providence, Marcia is hoping to challenge established politicians that continue to put their own needs ahead of the people. Marcia has deep roots in the community, and she has also received a Woman of Achievement award from the YWCA for her work on education. DeSimone is an extremely conservative politician who has fought against core Democratic values, even once voting to ban Providence from raising the minimum wage.

2) We are delighted to endorse Lisa Scorpio from District 13, who is taking on John Carnavale. Lisa is both a community leader and true progressive. Her rival John Carnavale, who has been under police investigation before, finds himself in a similar situation after being probed by the reporters at Channel 12 News. Due to the ongoing investigation, it is unclear whether or not Mr. Carnavale’s name will appear on the ballot. Lisa is highly engaged within her community and lives within the heart of her district on Sterling Ave.

3) Our endorsement of Nick Delmenico against Pat Serpa should come as no surprise, due to Serpa’s endorsement from the NRA and record of championing the machine’s anti-middle-class agenda. Nick cites the dismal record of the Rhode Island political establishment and the need for change as his primary reasons for entering the race.

4) We would like to endorse the incumbent from District 34, Teresa Tanzi. Teresa has been one of the strongest advocates for gun control, reproductive rights, and economic justice in the General Assembly. She has held her position since 2010.

5) We are excited to endorse Doris De Los Santos in Senate District 7. She faces the NRA-endorsed Frank Ciccone, a very conservative Democrat. In 2012 Govenor Chaffee appointed Doris as the director of the Office of Municipal and External Affairs. Her opponent, Frank Ciccone, has been involved in several scandals, including threatening a police officer who had pulled over conservative Senate Majority Leader Dominic Ruggerio for drunk driving.

6) We are pleased to endorse Jim Seveney, of Senate District 11. A long-time Portsmouth resident, Jim only lost by a small margin in the last election cycle. He is currently the leader of the Democrats on the Portsmouth Town Council. He will be challenging John Pagliarini, who just last month led the fight to stop an increase in the minimum wage.

7) We are thrilled to endorse Susan Donovan, of District 69. A long-time community activist in Bristol, Susan is running to restore honor and integrity to the District 69 seat, which was recently vacated by scandal-tarred conservative Ray Gallison, after an FBI investigation. Susan is running such a strong campaign she scared the machine out of putting up a candidate in the race.

8) We would also like to endorse Moira Walsh in District 3. A waitress, community activist, and single mother, Moira will bring her perspective to a statehouse that has devastated low-income communities. Moira, who remembers having to choose between heat and electricity, will be a fierce advocate for the people of Smith Hill, who have so long been ignored by the politicians at the other end of Smith Hill.

In addition to these eight, we have already endorsed Jeanine Calkin, Jennifer Siciliano, Bill Deware, and David Norton. We will be continuing to announce more endorsements throughout the campaign cycle.

Even at that, House Republicans were more united in their support of the free RIPTA rides program than were several left-leaning legislators. The smaller but demonstrably more vocal GOP caucus spent Wednesday’s marathon budget session offering amendments and peppering Finance Committee Chairman Marvin Abney with questions and concerns. The only amendment from the progressive left came from Rep. John Lombardi, who represents the Federal Hill section of Providence. He made an impassioned plea to restore free bus service to Rhode Island’s most vulnerable residents.

“Some of my constituents earn about between $700 and $800 a month and believe it or not 50 cents can make the difference,” he said, suggesting the money could come from the General Assembly’s own budget. “I’ll tell you what, many of my constituents are alone. They just received their citizenship from other countries. They’re here. They’re from the islands, they’re Russians, they’re Albanians, they’re people from Africa. That’s who my constituency looks like and I’m sure many of you are starting to see that in your neighborhoods. I think we have a duty to help these people. I think we have to assist these people because they are most in need.”

The RIPTA Board of Directors decided to end free rides for the elderly, disabled and destitute earlier this year. The House budget keeps it alive until January, while Governor Gina Raimondo’s proposed budget did not fund it at all. The governor and House Speaker Nick Mattiello have each indicated the Rhode Island Public Transit Authority is in need of a full overhaul. Lombardi’s amendment would have funded the free rides for the entire fiscal year, regardless of a systemic overhaul.

The amendment failed, 41 voted against it and 27 supported it. House Republicans, who spent most of the evening trying to shrink government spending, were unanimous in their support of the social welfare program. Progressives, on the other hand, were not. Reps Teresa Tanzi, Art Handy, Chris Blazejewski and Shelby Maldonado all voted against extending free RIPTA rides to the elderly, disabled and destitute.

Tanzi, who represents Narragansett and South Kingstown, offered her own impassioned plea on why RIPTA shouldn’t receive additional funding.

“It is with a heavy heart that I urge folks not to support this amendment because it’s not the best thing to do with the limited funds that we have,” she said. “Believe me I would love to make a $900,000 investment in RIPTA this is not the best way to do it.”

Tanzi explained, “The problem is the state was forced to contract with a third party vendor. That third party vendor is called Logisticare and since they have taken over the number of people who have qualified for these free passes has grown. And while that has happened they have changed it so they are no longer billing those passes the way that RIPTA used to … when RIPTA was in charge of it they billed so that medicare would be reimbursing the state, so we lost significant federal dollars to match it.”

She continued, “I think what the committee heard at the end of the night heard was that throwing $800,000 more dollars at a program that is being very poorly run is not the solution and that giving them six months to renegotiate the contract with this third party vendor, giving them six months under perhaps oversight under Chairwoman [Pat] Serpa’s guidance or under a subcommittee through finance, we’re going to look at this holistically and try to come up with a solution. So nobody wants this program to end in January, nobody wants people isolated and locked up in their homes in the middle of winter. We’re looking for a solution and right now throwing $893,000 more dollars at a program that we know is being mismanaged is not the best answer.”

Tanzi is making a concerted effort today to get Speaker Mattiello to bring to a floor vote her bill that would limit the ability of felony domestic abusers to possess guns, and her advocacy against the amendment may have been part of the deal making that happens as the legislative session draws to a close.

Nonetheless, her stand drew some measure ire. Sam Bell, director of the Rhode Island Progressive Democrats, tweeted. “I rarely publicly criticize our legislative allies, but I personally think @tanzister made an error here.” When it was Lombardi’s turn to speak, he shot back sarcastically, “I’m so glad people in this chamber have heavy hearts.”

Rep. Joe Almeida, who also represents a poor neighborhood in Providence, said if the attempt to outsource the program has failed, the state should waste no more time with the private company.

“If this third party can’t run a business right, why do we still have to wait six months?” he asked. “Why do people gotta be left on the sidewalk and can’t get nowhere? If this third party can’t do it, they should have been fired a long time ago. In business we wouldn’t have waited this long. I hope RIPTA has the common sense not to bring this company back if they can’t do the job.”

Meanwhile Majority Leader John DeSimone, known for parroting the will of Speaker Mattiello, tacked to the right of Tanzi – who herself took a more conservative position than the GOP caucus.

“We need to take a comprehensive look at what we are doing,” he said. “We are the only state in the country currently that has no fare and as a result we are losing millions of dollars from the federal government. But the usage of the bus is not as good as the states that charge so there is obviously something wrong. At this point we have to be responsible, we have to get the federal money that is available to us and RIPTA may need to be revamped or remanaged or something has to happen. But the answer is not to just keep the fares free. While the motives of having a free fare are fantastic, it’s just not working.”

The RIPTA Riders Alliance held a rally outside the State House earlier this week at which an elderly woman said, “I know there is money in the budget, they just want to squander it on their friends.”

These cuts will reduce the effectiveness of OHIC in advocating for lower rates for consumers in Rhode Island, and are seen as a major giveaway to the health insurance industry.

A letter being widely shared throughout the health and medical advocacy community has been shared with RI Future:

The budget passed by the House Finance Committee June 8^th cut 9 full-time staff from the Office of the Health Insurance Commissioner (OHIC), effective FY2017. This 75% cut in staffing leaves only the Commissioner, an administrative assistant, and one additional staff member to manage the functions of the office.

• The 9 positions that have been cut are essential for OHIC to carry out health insurance premium rate review, which OHIC uses to protect consumers from excessive rate increases; health benefit plan form review, which ensures that mandated services are covered, including preventive services like cancer screening; market conduct examinations (for example, mental health parity); and addressing consumer and provider complaints.
• Rate review alone has saved Rhode Island employers, employees, and consumers $196 million since 2012, including $40 million in 2015.  These savings come from the Office’s review which can lower premium rates requested by insurers while ensuring that rates are based on sound actuarial standards.
• OHIC also reviews rates for Medicare Supplement Plans, which saves money for Rhode Island’s seniors, Student Health Plans, which saves money for students, non-Affordable Care Act Health Insurance Plans, and Dental Plans.

“If these cuts remain:

• OHIC will not have the staff to conduct adequate rate and form reviews, which will harm the state’s ability to protect consumers and employers from excessive premium rate increases.
• OHIC’s capacity to address consumer and provider complaints about insurer business practices will be severely limited, since staff to manage these cases is cut in the proposed budget. This will negatively affect Rhode Islanders. For example, OHIC investigated a company issuing short term limited duration coverage. The investigation discovered improper denials by the insurance company and OHIC required the company to pay improperly denied claims totaling $36,697.
• OHIC will not be able to adequately review health benefit plan forms. This means that there will be no watchdog to ensure that state mandated benefits are covered and covered fairly (parity), including services for mental health and substance abuse disorders, ensure that discrimination does not occur, and ensure that services are not unfairly excluded.
• OHIC will no longer have adequate ability to protect consumers from unscrupulous companies issuing non-compliant and misleading insurance plans.

“Rate and form review is a key component of health reform. It must be carried out by state governments, because the federal government does not have the authority to deny or modify premium increases in the states. In recent years the federal government has provided start-up and development grants to states to build and enhance rate review and oversight initiatives as a means to protect consumers and improve insurance affordability, with the expectation that states would continue the work. Rhode Island’s grants have allowed us to maximize our statutory authority to review rates and forms and to build one of the most comprehensive health oversight agencies in the country – but no further grant opportunities are being made available by the federal government.

“The 9 positions sought by the Administration for OHIC are integral to having a well-resourced watchdog agency in place to protect and maximize savings for employers, employees, and consumers.  Only a well-resourced OHIC can provide the necessary level of oversight to protect Rhode Island consumers and businesses.”

Last week Speaker Mattiello defended the cuts at the Budget Briefing under questioning from Representative Teresa Tanzi. Mattiello said that these jobs were only made to last as long as there was federal funding to support them.

With the debate on guns in the United States taking a long slow turn against the intractable positions of the NRA (National Rifle Association) and towards instituting common sense gun legislation, it is only a matter of time before the RICAGV starts making real progress in the RI General Assembly.

Based on the first Democratic Party presidential debate it seems that a taste is developing for taking on the NRA with both Hilary Clinton and Martin O’Malley claiming the group as a political enemy. Even Bernie Sanders, thought to be “soft on guns” has a D- rating with the NRA and has consistently called for the kind of common sense legislation the RICAGV has been calling for in Rhode Island.

President Obama has issued an executive order and called for Congress to pass legislation that might deal with the almost daily issue of mass shootings.

State Senator M. Teresa Paiva-Weed and Speaker Nicholas Mattiello may well find that their staunch support for the NRA a political liability as the local Democratic Party moves ever further away from the values and positions of the national party.

Last year the RICAGV was stunned to find little appetite in the General Assembly to deal with guns. Bills to limit ammo clips to ten rounds, keep guns out of schools and keep guns out of the hands of domestic abusers all died in committee despite overwhelming public support.

This year these bills and more must pass, or there will be big changes coming in both the make-up and leadership at the General Assembly. Become a part of this change and consider volunteering or donating to the RICAGV.

Featuring such classic lines as, “I’m a great tipper. I’m sure all of you are great tripper.” and “Percents don’t change!”

Those opposed to democracy today pretend that they are fighting Voter Fraud when actually they are fighting Voters. As Rep Joseph Trillo says, “I don’t want everybody to vote unless they are informed on the issues.”

Tom Door is spinning in his grave…

Featuring Joseph Trillo, Cale Keable, Arthur Corvese, Antonio Giarusso, Michael Marcello, Arthur Handy, Brian Newberry, Teresa Tanzi, Michael Chippendale and Nicholas Mattiello.

“When I moved here from Utah, everyone said “Oh, Newport, Providence!” People already know about Newport and Providence and I would say “No, Narragansett,” and nobody would know what Narragansett was. I have a really difficult time turning a portion of our money over from South County to help promote more Providence and more Newport.” she said, citing that the South County tourism board works very hard to market their area of the state.”

In response House Speaker Nick Mattiello said, “Despite that wonderful job, everyone still talks about Providence and Newport. It’s the integrity of the entire system that we’re looking at, and you need a Rhode Island brand. It’s not about localities. The current system doesn’t work, and we cannot go back to a system that doesn’t work.”

Their disagreement stems from Governor Gina Raimondo’s idea to centralize state tourism spending. Currently, Rhode Island has no unified state marketing efforts and instead dives proceeds from hotel tax receipts between 8 regional tourism agencies. The money will now go more towards the state Commerce Corporation, rather than the tourism bureaus themselves. In the House version of the budget, $4.7 million goes straight to the Commerce Corporation, while less than a million goes to the actual tourism district. In Gov. Raimondo’s version, $6.4 million would go to the corporation, leaving the districts with $1.7 million.

After the hearing, Tanzi continued to express her concerns about the funding cuts, and how they will harm her district as a whole.

“I think that the way that the South County tourism board is run is actually very effective. We have been compliant, we turn in our reports when we’re supposed to, our production cost of our marketing materials, everything is done in house. We’re very conscientious about how the money is spent,” she said, especially in comparison to other tourism boards across the state. Tanzi believes that this will only disserve the southern portion of Rhode Island, especially because Newport and Providence, in her opinion, do not need more marketing.

“The beaches are their own unique part of it,” she said. “We need to have our own budget to market that appropriately. We’re competing with the Cape, we’re not competing with Massachusetts.”

As the budget is currently written, Tanzi stated that to “cannibalize” the smaller parts of the state in order to market Rhode Island as a whole is not the best use of money, and it will only show poorly within the coming years.

“My guess is that my businesses in South County, who have five months out of the year at most, to make their living to make it through the entire summer, are going to suffer as a result of this,” she said. Tanzi has spoken to many of the businesses in her district since the budget first came out in March, adding that such funds are always a concern for business owners in the area.

But, the prospect of Tanzi submitting a successful amendment to support her district is slim to none, in her view, calling South County the “small fish,” in comparison to Newport and Providence.

“Just the basic numbers of looking at it, you’re talking about a couple of South County people, versus the city folk and the Newport people, who outnumber us on the floor. So, my chances of an amendment passing are ridiculously infantile. They’re infinitesimal, they’re so small, so, no, I won’t,” she said.

Even without the hope of amending the budget, this year, though, Tanzi still holds out hope for next year, planning to bring forth data showing the exact effects of these cuts on South County tourism, and maybe even get to create a separate brand for her district in the process.

A large coalition to raise the tipped minimum wage was launched at the State House with a press conference and public testimony on House Bill 5364. Representative Aaron Regunberg introduced the bill that would gradually increase the the minimum wage from $2.89 to match the regular minimum wage by 2020. Senator Gayle Goldin introduced matching legislation on the Senate side. There has been no increase in the tipped minimum wage in nearly 20 years.

ROC United RI (Restaurant Opportunities Center) launched “One Fair Wage Rhode Island,” an impressive coalition of community, labor, faith business and women’s organizations that includes the Women’s Fund of Rhode Island, RI-NOW, NAACP-Providence Branch, Farm Fresh Rhode Island, the Economic Progress Institute, the Bell Street Chapel, Rhode Island AFL-CIO, the Coalition of Labor Union Women, Rhode Island Jobs with Justice, Fuerza Laboral, NEARI, United Service and Allied Workers of Rhode Island, Planned Parenthood of Southern New England and Unite Here Local 217.

Many restaurant patrons are unaware that their tip is not simply a “thank you” for great service, said Senator Goldin, “It’s paying your server’s base salary, and nobody’s base salary should entirely depend on a customer’s mood.”

More than just being an issue of fairness, this is an issue of impacting “women’s economic security,” says Women’s Fund Executive Director Jenn Steinfeld. “Nearly three in four Rhode Island tipped workers are women, one-third are mothers, and more than half of these are single mothers.” Steinfeld says that eliminating the tipped minimum wage will “help address the gender pay gap.”

Being dependent on tips for their salary makes servers more vulnerable to sexual harassment, since telling a customer that their advances or flirting is unwelcome puts the server at risk of losing a tip. A recent report from the national ROC United found that, “Women living off tips in states with a $2.13 an hour tipped minimum wage are twice as likely to experience sexually harassment than women in states that pay the full minimum wage to all workers. In fact, all workers in $2.13 states, including men, reported higher rates of sexual harassment, indicating that the sub-minimum wage perpetuates a culture of sexual harassment.” It’s in response to this atmosphere of sexual harassment that ROC United has launched its “Not on the Menu” campaign.

There is also good economic sense in raising the tipped minimum wage, maintains Mike Araujo, of ROC United RI. “”Raising the subminimum wage will have an important stimulative effect for Rhode Island. When tipped workers earn more, that money goes right back into the local economy.” ROC United estimates raising the wage will pump $64 million into the state’s economy. Further, tipped workers in Rhode Island currently receive $638,325 in food stamps every month, which means that taxpayers are effectively subsidizing the restaurant industry through social welfare programs.

After the press conference there was a heaing on Regunberg’s bill in the House Labor Committee. Though over 150 people signed up to testify, on both sides of the issue, in the end only 25 people could endure the four hour hearing waiting for their turn to speak. Those speaking against raising the tipped minimum wage were mostly members of the Rhode Island Hospitality Association (RIHA), a business lobbying group that routinely opposes any legislation that might raise the minimum wage or improve the ability of workers to collect money lost to wage theft. Many  of the RIHA members wore small golden pineapple pins.

“The states that have eliminated completely their subminimum wage,” said Representative Regunberg describing the economic impact of his bill, “have as high or higher industry and  job growth rates as subminimum wage states.”

Bill Kitsilis, of Angelo’s Palace Pizza sees no reason to raise the tipped minimum wage, and said, “My tipped employees… are some of the highest paid employees in my business.” He thinks $2.89 is fine, since that’s what he predicated his business model on. Comparisons with other states are not valid, Kitsilis maintains, because other states have much, much stronger economies.

Representative Antonio Giarrusso asked about employee turnover. Kitsilis feels that turnover only happens when people aren’t making money, and he also says that there are a lot of people hiring right now, making it difficult to find workers. An odd statement, considering Rhode Island’s unemployment rate.

The issue of “side work” came up, that is, the work servers do for a restaurant, at $2.89 an hour, that doesn’t earn the server tips. Side work is an old way of getting work done in a restaurant on the cheap, and is completely legal. Raising the subminimum would eliminate this disparity. Kitsilis said that such work “tends to be… a small percentage of what they do, most of the time…”

Representative Teresa Tanzi has worked in the restaurant industry for 14 years. “In those 14 years I have worked at dozens of restaurants, somewhere around 45 restaurants, I would say. And in all those restaurants, one has paid me according to the law.” For fear of retaliation, she could never confront management about this. “I’m well aware that they are breaking the law, but there is nothing I can do. I am relying on my manager and the owner of that restaurant for my employment.”

The Department of Labor surveyed 9000 restaurants over two years and found that 84 percent of them violate the law.

When Chairperson Joseph Shekarchi pushed back against Tanzi’s experience, saying that he doesn’t see the connection between low wages and harassment and abuse of servers, drawing on his experience as a bartender, Tanzi stuck to her guns and pointed out that the experience of women working as servers and men working as bartenders are very different. “It does happen and it’s a daily occurrence. If someone touches you, or if you’re waiting on a table and it’s a party of ten and that’s all the money you’re going to make tonight, and they want to be fresh with you in some way shape or form… I refer to it as a ‘golf clap’ in my vernacular. Whenever someone says something that’s ‘funny,’ you’re waiting on someone and they something that isn’t funny, you have to laugh. If someone touches you inappropriately, what are you going to say? There’s very little recourse as a server that you have.”

Rep Giarrusso’s solution for “any woman or anybody getting sexually harassed” is that “they should hit somebody with a nine iron.” Maybe he’ll introduce legislation to that effect.

“The truth is, 60 percent of restaurant workers in Rhode Island are over the age of 24 and 32 percent of all of Rhode Island’s restaurant workers are parents.”

“I feel that the current wage devalues me as an employee,” says Daniel Burke. Burke explained how the days and hours he is making good money from tips are averaged with the days and hours he’s performing other tasks at the restaurant. As long as he averages minimum wage with the money provided by customers, the restaurant can get away with paying him $2.89 an hour. Of course, Representative Giarusso thinks that Burke should take this issue up with his employer because, “I would, that’s for sure.”

As a 31 year old mother explains that her bartender job requires her to perform duties that are not directly related to serving customers. Therefore no tips can be expected and the restaurant gets away with paying employees $2.89 an hour for work that any other business in the state would have to pay at least minimum wage to accomplish. Again, Representative Giarrusso misses the point, thinking that the issue of side work isn’t related to this. As long as there is a two-tiered wage system, restaurant managers and owners will have an incentive to make workers do untipped work at the lower wage, rather than pay the server properly.

ROC United RI’s Mike Araujo finally explains that “those extra tasks,” that is side work, are “built into the job.” Side work, prep and cleaning averages out to about 3 or 4 hours a day, which is “effectively unpaid labor.” This profitable industry is built on the backs of primarily underpaid women.

Araujo may have summed up the night best when he said, “This issue speaks to how we believe society should be shaped. Do we believe that our citizens deserve equal treatment and deserve full equality, or do we believe that there is a second tier that women, increasingly, belong to?”

“Moving into a restaurant that paid over the minimum wage had such a tangible benefit…”

“When we talk about this issue we can’t escape the fact that this is a women’s issue… forcing a worker to rely on tips for any portion of their base wage significantly increases their chances of experiencing sexual harassment.”

Once again, Representative Giarrausso claims that “I don’t really understand the connection to sexual harassment… If someone’s a jackass, for lack of a better word… I mean, I don’t promote sexual harassment. I think those people should be tied up and jailed and never come out.” Giarrusso claims he “can’t draw the parallel” between low pay and sexual harassment.

But Giarrusso tips his hand as he grins and asks, “Is there an acceptable level of sexual harassment depending on how much you’re getting paid?” This is simply a variation of the line, variously ascribed to George Bernard Shaw or Winston Churchill, “We know what you are, we’re just haggling over the price.”

In response to testimony quoting FDR, Rep. Giarrusso maintains that “there is data that shows that every time minimum wage goes up, so does unemployment.” The US Department of Labor dispels that myth at the top of its page on the minimum wage. Giarrusso also brings up the specter of automation, as is done now whenever minimum wage increases are discussed. I deal with the automation argument here.

Joe Fortune, speaking below, wrote about his experience speaking before the committee on his own blog here.

Notice the pineapple pin. RIHA is in the house. This man is a CPA who specializes in hospitality. I am willing to bet he makes more than $2.89 an hour plus tips.

John Elkhay owns Ten Prime Steak & Sushi, Rick’s Roadhouse, XO Café, Luxe Burger Bar, and Harry’s Bar & Burger, as well as Veritas Catering. “Unlike the people who testified before me,” says Elkhay, “I actually live and work in Rhode Island.” I guess he wasn’t listening to the experiences of the four speakers who do live and work in Rhode Island. After telling the committee about how many employees he has and how much money they all make, he throws them under the bus, saying, “They don’t claim all their tips, by the way. That’s a sneaky little secret.”

“Don’t say that in this building,” says Representative Giarrusso, trying to make light of the comment.

Elkhay doesn’t blink. “Yeah, well, it’s the truth.”

“Who is here, in the industry, saying there is a problem?” asks Chris Tarro, owner of Siena Restaurant Group, answering “I don’t think there is a problem.”

“Don’t take my word for it,” he continues. Rather, he recommends going out to dinner and asking a server. But, “don’t ask if they want a raise, everyone would like one.”

Tarro thinks that the kind of retaliation employees face for stepping up to complain about their working conditions is somehow equivalent to the reaction of potential customers when they hear about the ways restaurants pay their employees and the ways in which many restaurants exploit their employees. “When I testified last time here,” says Tarro, “I got emails, I was on progressive blogs… there’s a penalty to us coming here.”

“I would like to give a nice big golf clap to Representative Tanzi and to anyone else who is trying to distract you from the issue at hand…” is as much as this sarcastic restaurant owner could say before being stopped by Chairperson Shekarchi, who advised not going after those who previously testified.

“I don’t want character assassination,” said Shekarchi, “It doesn’t help your cause.”

“I would suggest to you that twenty years… twenty years without a raise… I don’t think there’s anybody in this room that’s going to work for anybody for twenty years without a raise.”

Kristin Dart, speaking for Planned Parenthood, said that when women are paid more, they are better able to pay for essential medical care.”If I have to choose between food on my table and my annual health exam, I’m going to put food on the table.”

Speaking of her own experience as a server, she said that she was regularly told by her bosses that sexual harassment was “part of the job. If you want to make tips, then you have to be ‘nice’ to customers.”

Amy Barclay owns Simpatico in Jamestown. She’s worked her way up from being a server, pregnant with twins making $4500 a week to owning her own place.  She says, “This isn’t a gender issue. This isn’t a Planned Parenthood issue, this is a performance issue.” Barclay says, “I was great staff. I still am.”

Barclay has 15 core employees and 60 in season. “They beg for their jobs back,” she says, “and they should.”

Having worked in California, where there is no tipped minimum wage, and now working in Providence, Avi maintains that in California the restaurant industry is booming and that people in the restaurants out there have a greater feeling of teamwork. “It should be the employers responsibility to pay their employees, and not to pass that on to the customers.”

Ray Desmarais, of 99 Restaurants, sounded like he was blaming victims for for their harassment when he said, “For anyone to be harassed in the restaurant business, shame on them for allowing it. Leave and come work for me. Cause I’m a good guy and I’ll treat you well.”

Senator Joshua Miller says, “…there hasn’t been a minimum wage bill I didn’t love, until today, until this bill.” Miller feels this bill takes “important revenue away from some of my most valued staff.” He owns three restaurants with over 80 servers. Senator Miller, like Representative Giarrusso, sees no relationship between low wages and sexual harassment.

Justin Kelley said that “it’s time to raise the wage” in Rhode Island. Business models change, says Kelley, citing out the end of slavery, child labor and the eight hour day as examples. Compared to those changes, raising the subminimum wage should be easy.

“I think it’s a human rights issue,” says this restaurant worker from Olneyville, “I don’t care if your male or female, that minimum wage needs to come up.”

Bob Bacon is the owner of Gregg’s Restaurants and the president of the Rhode Island Hospitality Association. He frequently visits the State House to testify against bills that might increase a worker’s wage or strengthen a worker’s ability to not have their wages stolen. Bacon feels that the Department of Labor is doing a terrific job enforcing labor laws, and no new laws are needed. Servers make a “self-reported” average of $12.12 an hour, says Bacon.

Sam Bell, president of the Rhode Island Progressive Democrats, explained President Obama‘s support for increasing the minimum wage and for increasing the tipped minimum wage. “Raising the full minimum wage and the tipped minimum wage will help reduce poverty among women and families as well as make progress towards closing the gender pay gap.”

“Considering a tipped minimum wage increase… would cost ten percent of our current sales.” This begs the question: Is the entire profitability of the restaurant industry dependent on paying servers subminimum wage? Do restaurant profits come solely from underpaying staff? How do restaurants remain profitable in California, where there is no tipped minimum wage?

She finishes the evening’s testimony with, “we’re seeing servers being replaced right now with technology all over the world.”

As I’ve said before: technology like that is coming no matter what we pay our employees. The questions we need to be asking in the face of new technologies are bigger than minimum wage increases, such questions go to the heart of our economic system, and whether it’s sustainable in the long term.