PROVIDENCE – A R.I. Superior Court judge on Friday ruled in favor of Gov. Daniel J. McKee’s order to evict homeless individuals camped outside the Statehouse, which had been challenged by the American Civil Liberties Union of Rhode Island.
The Rhode Island ACLU, representing two dozen homeless individuals, said that the order infringes on freedom of speech by suppressing protests on the state’s housing crisis. Additionally, ACLU attorney Lynette Labinger said at the hearing, the threatened removal and police activity at the Statehouse unfairly targeted protestors who were homeless or perceived to be homeless.
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McKee’s attorneys, R. Bart Totten and Stephen Lapatin of Providence law firm Adler Pollock & Sheehan Inc. argued that the eviction notice “satisfies all three of the legal requirements” for restricting protest activities. These stipulations hold that any restrictions must be “content neutral,” or applying to all people; of government interest, which Totten cited as safety; and allow people alternative avenues of protest.
Speaking at the hearing on Friday afternoon, R.I. Superior Court Associate Justice R. David Cruise ruled that the McKee administration met those requirements.
“The plaintiffs can still communicate their message to defendants and to the state without having to sleep overnight at the Statehouse,” Cruise said.
In a statement released following the ruling, the ACLU of Rhode Island said the decision “fails to acknowledge the arbitrary and discriminatory way the state’s policies on overnight protest have been implemented, and makes light of an important state law designed to ensure public input, transparency and oversight over state policymaking.”
The ACLU added, “Eliminating this protest may prevent some people from having to directly confront a visible example of the state’s housing crisis, but it only hides the problem and denies the exercise of a fundamental freedom.”
On Friday afternoon, McKee announced that Amos House had received approval from the state to operate the Cranston Street Armory Warming Station. Plans for the warming station had been delayed due to a lack of responses to the state’s request for proposals.
On Dec. 14, the governor activated up to 50 members of the R.I. National Guard Plans to help set up an emergency warming center in the armory on the West End of Providence.
The 24-hour station is now open, and the governor’s office said Amos House will coordinate with the Rhode Island National Guard to transition operations to the poverty relief nonprofit.
At the Statehouse, McKee issued the eviction notices on Dec. 7, giving protestors until 9 a.m. on Dec. 9 to leave the Statehouse grounds with their belongings, or possibly face fines or arrest. The notice also stated that overnight protest at the Statehouse is prohibited, which the ACLU contested.
Warwick attorney Richard Corley filed a motion for a preliminary injunction, stating that McKee’s order did not give individuals camped at the Statehouse a reasonable amount of time to comply. Corley also criticized McKee for “creating a dangerous environment for not only those at the encampment but those who live in the surrounding area” with the notice.
Attorney General Peter Neronha declined to represent McKee, WPRI-TV CBS 12 reported, as the administration did not consult with lawyers in the R.I. Office of the Attorney General prior to issuing the eviction notices.
In the days leading up to the hearing, originally scheduled for Dec. 14, a temporary restraining order prohibited the state from trying to evict protestors on Statehouse grounds.
In a statement released after the hearing, McKee spokesperson Andrea Palagi said the administration has “worked diligently to offer shelter options to all who were encamped at the Statehouse.
“Thanks to their efforts, the majority of individuals accepted the offer of shelter and transportation to that shelter,” Palagi said. “We were able to outline those extensive outreach efforts to the court, and today’s ruling acknowledges the effectiveness of that work.”
On Dec. 14, McKee authorized Maj. Gen. Christopher Callahan to bring in up to 50 members of the R.I. National Guard to set up a temporary warming state at the Cranston Street Armory. That station is now open.
Jacquelyn Voghel is a PBN staff writer. You may contact her at voghel@pbn.com.
(Updates with the announcement that Amos House has been given approval to operate the Cranston Street Armory Warming Station.)
