ACLU Sues Providence Police over Free Speech Violation
Saturday, November 13, 2010
The Rhode Island ACLU filed a federal suit today claiming that Providence police had illegally threatened to arrest a city woman who was distributing flyers on a public sidewalk earlier this year.
On Feb. 2 Judith Reilly was distributing flyers critical of an appointment by Mayor David Cicilline outside of an auditorium at the Providence Career and Technical Academy where he was scheduled to give his State of the City address.
The ACLU says two Providence police officers approached Reilly and told her to walk across the street or otherwise face arrest. She complied, but then returned—when she was again told she would be arrested.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST“Leaf-letting on public sidewalks is a simple, inexpensive and time-honored way for people to share their political and social views with other members of the public,” said ACLU attorney Richard Sinapi. It is intolerable and inexcusable for a large municipal police department to be either ignorant or disdainful of such an important First Amendment right. We are hopeful that this lawsuit will ensure that such a violation never happens again.”
Claims police did not investigate
After the incident, Reilly lodged a complaint with the Police Department’s Internal Affairs Division. More than a month later, she received an e-mail from Inspector Francisco Colon questioning whether there had been any misconduct. The ACLU followed up with a letter—but says there was no further response. The ACLU claimed the department’s own rules require that it complete investigations into alleged officer misconduct within 30 days.
“The blatant violation of Ms. Reilly’s rights by the police is extremely troubling,” said Rhode Island ACLU Executive Director Steven Brown. "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.”
Additional training for officers sought
The lawsuit seeks a court order barring any more interference with Reilly’s exercise of free speech and mandating that the city train officers on the rights of residents to distribute flyers on public sidewalks.
A spokesman for the Police Department did not respond to a request for comment. Karen Watts, a spokeswoman for Mayor David Cicilline, said neither his office nor the city solicitor had received a copy of the lawsuit.
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