PROVIDENCE – The American Civil Liberties Union of Rhode Island Inc. is suing Brown University’s police department for allegedly violating the state’s Access to Public Records Act after two school journalists' requests for arrest records were denied.
The ACLU on Monday filed
the lawsuit in R.I. Superior Court against the university’s public safety department on behalf of journalists from the Brown Daily Herald school newspaper and Motif Magazine. The suit claims that the journalists in 2022 and 2023 filed APRA requests seeking various arrests records from incidents occurring on campus. Motif's request is of the 41 students who were arrested for trespassing after protesting Brown's investment practices, the ACLU alleges.
But the ACLU claims those requests were denied citing that Brown is a “private university” and the university’s police department did not have to comply with APRA.
“It is shocking that a police department would claim that it can keep secret its records relating to the arrests of individuals,” ACLU Executive Director Steven Brown said in a statement. “This lawsuit involves fundamental matters of public transparency and accountability.”
Additionally, Noble Bringham and Michael Bilow of the Daily Herald and Motif, respectively, allegedly filed complaints with R.I. Attorney General Peter F. Neronha to investigate the APRA violations at Brown. However, the ACLU claims Neronha’s office sided with Brown on this matter, which was confirmed to Providence Business News by Brown spokesperson Brian Clark in an email.
The ACLU in its suit argues that Brown’s public safety department, with state-authorized police powers, “clearly fits” within APRA’s definition of “agency” covered by the law.
“By engaging in one of the most fundamental functions of government – the enforcement of criminal laws and exercising the power to search and seize individuals – BDPS is acting on behalf of and/or in place of a government agency or public body,” the lawsuit states.
Clark said the university has not been formally served with the lawsuit and plans to review it in full if Brown receives the suit. He did say Brown’s public safety department is limited to university buildings, adjacent streets and the protection of university students, faculty, staff and property. He also said the department works closely with Providence Police and/or the attorney general’s office and “cooperates fully with records requests from those and other law enforcement agencies.”
“Brown DPS also shares information regularly and in multiple ways. For example, we offer public access to a daily police log that includes details on incidents and disposition, and report annual crime statistics each fall in accordance with the federal Clery Act,” Clark said. “Given the limited jurisdiction of Brown DPS, the cooperative relationship we sustain with law enforcement partners and current approaches for sharing information, our current practices meet the goals of ensuring public safety.”
The ACLU and the journalists are seeking a declaratory judgment determining that Brown’s public safety department is a “public body” within the meaning of ARPA, therefore must comply with public records requests. The plaintiffs are also requesting a permanent injunction requiring the public safety department to provide them with the requested records.
Brown representatives did not immediately respond Monday to a request for comment from Providence Business News.
(UPDATED 6th paragraph and added 9th and 10th paragraphs to include statement from Brown University spokesperson Brian Clark.)
James Bessette is the PBN special projects editor, and also covers the nonprofit and education sectors. You may reach him at Bessette@PBN.com. You may also follow him on X at @James_Bessette.
