Providence, RI, ACLU lawsuit charges Providence police with violating free-speech rights

OFF THE WIRE
COPS GONE BAD
BY: thomas j. morgan
Source: projo.com
PROVIDENCE — The Rhode Island affiliate of the American Civil Liberties Union said Friday that it has filed a federal lawsuit charging the Providence police with violating the free-speech rights of a city resident in February when she was prevented from passing out leaflets in front of a building where Mayor David N. Cicilline was speaking.

On Feb. 2, the ACLU said in a news release, Providence resident Judith Reilly was distributing flyers adjacent to the Providence Career and Technical Academy, where Cicilline was scheduled to give his annual State of the City address. The flyers, prepared by the Olneyville Neighborhood Association, were critical of a mayoral appointee.

While handing out leaflets, Reilly was confronted by two police officers who ordered her to move across the street with her leaflets or face arrest, the ACLU said. She moved, but then returned to the front of the auditorium, where she was confronted by two other officers who again ordered her to move. She complained that doing so would prevent her from handing fliers to her intended audience — people entering the auditorium — thus largely defeating the purpose of the activity. However, after again being threatened with arrest, she moved back across the street.

The ACLU said that two weeks later, Reilly filed a complaint with the Police Department’s internal affairs division, complaining about the officers’ actions. More than a month later, the ACLU said, she received an e-mail from internal affairs inspector Francisco Colon expressing uncertainty as to whether their actions constituted misconduct. This prompted a letter to Colon from the ACLU, contending that the U.S. Supreme Court had clearly established more than 70 years ago the First Amendment right of individuals to peacefully distribute literature on public sidewalks.

Even though investigations of complaints of police misconduct are supposed to be completed within 30 days, Reilly has heard nothing further from the internal affairs division, the ACLU said.

The lawsuit filed by ACLU volunteer attorney Richard A. Sinapi argues that the officers’ conduct was a violation of Reilly’s “clearly established” free-speech rights. The suit further argues that the city and Police Chief Dean Esserman should be held liable for failing “to properly select, train, instruct, supervise and/or discipline officers in the City Police Department ... relative to the constitutionally protected right of people to peaceably distribute political fliers on public sidewalks and in other public forums.”

Among other things, the lawsuit seeks a court order preventing further interference with Reilly’s exercise of her free-speech rights and directing city officials to properly train officers on the rights of people to distribute political fliers on public sidewalks.

Steven Brown, ACLU executive director, said in the news release, “The blatant violation of Ms. Reilly’s rights by the police is extremely troubling. But just as troubling is the utter failure of the department’s internal affairs division to follow its own procedures and even investigate the matter. It only lends credence to those in the community who have argued for years that police simply cannot be trusted to investigate themselves.”

tmorgan@projo.com