Group Files Suit Against Taveras and City After GoLocal Investigation

Wednesday, July 16, 2014

 

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After a GoLocalProv investigation into the First Source program, Providence's community group DARE (Direct Action for Rights and Equality) announced that it has sued the City of Providence and Mayor Angel Taveras in Superior Court for its failure to enforce the First Source Ordinance.

The Investigation

The Stephen Beale article, INVESTIGATION: Companies Taking Millions in Tax Breaks, Loans Stiffing City for Jobs, found that companies are taking millions in tax breaks, loans, and contracts from Providence without reporting back to the city on the new jobs they are creating or attempting to hire Providence residents for those jobs as mandated by an ordinance.

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The First Source ordinance, passed in 1985 requires that any entity with more than four employees that receives $25,000 or more in public investment follow detailed procedures to ensure that Providence residents have the first opportunity to access any and all job openings. The ordinance includes “tax concessions, and/or abatements,... grants-in-aid, grants from the office of community development, office of economic development, or other federal aid programs administered by the City of Providence.” But according to the City's own reports, out of 1,110 new job openings reported by companies covered under the law, only 41 have been filled with First Source referrals.

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Providence Mayor Angel Taveras named in the law suit

“This ordinance has been on the books for nearly thirty years, and the City is still refusing to enforce it,” said DARE's executive director Fred Ordoñez. “They need to understand that trickle-down economics does not work, especially when they ignore the only tool we have to make the resources trickle down. Using our precious tax dollars to fund large corporations like Blue Cross and wealthy developers like Buff Chace and then ignoring their legal obligation to provide jobs for the people of this City is irresponsible, and illegal.”

How Long? Too long!

According to the lawsuit, DARE has communicated regularly with the City, including Mayor Taveras, following a similar 2006 lawsuit that DARE won. But City officials have told the community organizing group that enforcement of the ordinance is not a priority, and that the First Source Director's job does not include enforcement activity, despite specific steps the Ordinance requires of the director.

“When they get tax breaks, they promise to keep Providence residents working – that's their end of the bargain,” explained co-Plaintiff Richard Lucas, who signed up for the list in 2006 and has yet to receive a job referral through First Source. Lucas went on to describe that the City has done a poor job of informing recipients of its largesse of their obligations under the law. “Many of them don't even know about First Source.”

Responses by the City's law department to public records requests by DARE revealed that the City has no written records of any communications to employers covered under the ordinance that spell out subsidy recipients' obligations under the Ordinance, nor does it have any written records of sanctions, as required under the law. “The crime rate goes up when people don't have jobs,” said Lucas. “Many people in the city don't have jobs. They have nothing to do; they're depressed.”

The Law Suit

The lawsuit filed by DARE seeks a court-appointed monitor to make sure the City notifies employers of the law and begins to sanction employers who don't comply. “When residents don't comply with a City ordinance or regulation, even if it's something as simple as not having your recycling can filled with the right stuff, we can expect to get a citation and even a fine, whether we know about the law or not. Why does the City choose to enforce rules against everyday people but lets big business off the hook?” said Ordoñez.

Defendants named in the suit included Mayor Angel Taveras, and Director of Economic Development James Bennett. In addition to the court-appointed monitor, the complaint seeks a Temporary Restraining Order to prevent the City from issuing any new Tax Stabilization Agreements, Providence Economic Development Partnership loans, or other sources of funding covered under the ordinance, until it has improved its compliance with the ordinance.

The ordinance also requires the City to publicize the First Source List every three months, something that plaintiffs assert has not happened. And job-seekers with no regular access to computers or internet service are unable to participate in the program, since the City offers no alternative means to sign up other than its web-based registration. Rather than automatically referring qualified applicants to employers looking to hire, the program requires that applicants constantly access the website to search for new job listings, manage application materials, and upload resumes. “This just makes the digital divide worse by weeding out people who can't afford computers or internet service because they're out of work to begin with,” said Lucas.

 

Related Slideshow: Companies in Violation of City Ordinance

Below are companies that the city has identified as not being in compliance because they did not report on their hiring activity. These companies were listed as noncompliant in a city report in December 2012. Subsequent city documents show that the city still had not received reports from these businesses as of March 2014. The list has been edited to remove companies that have been out of business for long period of time. However, it does include businesses that were open at some point within the past three years. Many more businesses are believed to be in noncompliance. The below list is based off the city’s own list of noncompliant businesses—specifically, those that received a loan from the Providence Economic Development Partnership (PEDP).

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Ada's Creations, Inc.

Aid Type: PDEP Aid

Money Received: $195,160

Description: Restaurant and lounge serving Dominican food, Ada’s also specializes in cakes and pastries.

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Alley Cat Corporation

Aid Type: PDEP Aid

Money Received: $55,705

Description: A gay bar located in downtown Providence.

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Alteris Renewables, Inc.

Aid Type: PDEP Aid

Money Received: $35,000

Description: A solar heating company that installs solar heating systems in schools, homes, businesses, and government buildings. 

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Andrea Valentini

Aid Type: PDEP Aid

Money Received: $63,000

Description: Handmade home furnishings, handbags, and DNA jewelry company based in Providence.

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Bali Holdings, LLC

Aid Type: PDEP Aid

Money Received: $422,000

Description: Real estate consulting company in Providence.

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Bannister House, Inc.

Aid Type: PDEP Aid

Money Received: $596,587

Description: A nursing home in Providence.

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Cuban Revolution

Aid Type: PDEP Aid

Money Received: $$84,671

Description: Tapas bar and restaurant that recently closed shop in Providence and moved to Durham, North Carolina.

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Dr. Dennis Karambelas

Aid Type: PDEP Aid

Money Received: $70,518

Description: Providence-based optometrist.

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Eagle Square Commons

Aid Type: PDEP Aid

Money Received: $326,486

Description: Domestic Limited Liability Company based in Providence 

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Exnihilo Design, Inc.

Aid Type: PDEP Aid

Money Received: $55,062

Description: Professional Services firm that develops e-business strategies and custom online solutions.

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Fat Belly's Irish Pub

Aid Type: PDEP Aid

Money Received: $78,712

Description: Upscale Irish pub in downtown Providence

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Festival Ballet Prov,

Aid Type: PDEP Aid

Money Received: $115,090

Description: Professional ballet performance company.

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Heritage Harbor Corp.

Aid Type: PDEP Aid

Money Received: $312,729

Description: A historical museum dedicated to Rhode Island’s history and supported by a partnership of local cultural and historical organizations.

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Italian Oven

Aid Type: PDEP Aid

Money Received: $40,274

Description: Pizza restaurant that is now closed. 

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Latino Consulting, Inc.

Aid Type: PDEP Aid

Money Received: $247,245

Description: Latino Consulting is a daycare and pre-school in Providence.  

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Los Andes, LLC

Aid Type: PDEP Aid

Money Received: $286,700

Description: Restaurant serving South American food that also handles large functions and catering events.

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El Jibaro

Aid Type: PDEP Aid

Money Received: $25,629

Description: Peruvian Restaurant in Providence.

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Viva Mexico

Aid Type: PDEP Aid

Money Received: $65,419

Description: Mexican Breakfast, Lunch, and Dinner restaurant.

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Mi Sueno, Inc.

Aid Type: PDEP Aid

Money Received: $206,347

Description: Restaurant serving Mexican and Peruvian food.

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Mills Tavern Restaurant

Aid Type: PDEP Aid

Money Received: $444,779

Description: Restaurant serving local and seasonal foods.

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Naga Food Products

Aid Type: PDEP Aid

Money Received: $49,1689

Description: Server and distributor of African snacks.

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Nappa Construction Mgmt.

Aid Type: PDEP Aid

Money Received: $197,700

Description: Full-service commercial building and management company.

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Palmieri's Bakery

Aid Type: PDEP Aid

Money Received: $66,117

Description: A bakery that serves pizza, pastries, and sandwiches. 

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Pastry Gourmet

Aid Type: PDEP Aid

Money Received: $49,431

Description: A pastry shop that was once located in Providence but relocated to Cumberland before closing. 

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Pisaturo Real Estate

Aid Type: PDEP Aid

Money Received: $28,846

Description: Real Estate Agency

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Providence en Espanol

Aid Type: PDEP Aid

Money Received: $53,215

Description: Weekly Spanish-language newspaper serving the Latino community.

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Rising Sun Mills

Aid Type: PDEP Aid

Money Received: $555,303

Description: A mixed-use residential and commercial redevelopment with 135 apartment units and 120,000 square feet of office space on Valley Street.

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Salon Bianco

Aid Type: PDEP Aid

Money Received: $30,968

Description: Spa and beauty salon located on Federal Hill in Providence. 

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S.Providence Development

Aid Type: PDEP Aid

Money Received: $281,238

Description: Building development corporation in Providence

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Julian's Omnibus

Aid Type: PDEP Aid

Money Received: $85,209

Description: Julian’s Restaurant food truck

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The Conrad, LP

Aid Type: PDEP Aid

Money Received: $427,645

Description: Commercial property in downtown Providence.

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The Dorrance, LLC

Aid Type: PDEP Aid

Money Received: $57,007

Description: Luxury restaurant and bar located in the heart of downtown Providence, in a renovated bank. 

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Tobey Waste & Recycling

Aid Type: PDEP Aid

Money Received: $338,200

Description: The oldest rubbish company in the United States, Tobbey Waste & Recycling manufactures recycling and waste containers.

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Villa Dolce Vita

Aid Type: PDEP Aid

Money Received: $166,072

Description: Hotel located on Federal Hill in Providence. 

 
 

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