Copyright The Boston Globe
PROVIDENCE — The American Civil Liberties Union of Rhode Island on Tuesday sued Governor Daniel J. McKee on behalf of activists who were denied access to the State House rotunda for a rally during McKee’s State of the State address. On Jan. 14, the Black Lives Matter RI PAC and the Rhode Island Homeless Advocacy Project planned to hold a “people’s State of the State” before the speech, to call on McKee to declare a public health emergency to protect people who are homeless during the cold winter weather. But rally-goers were met instead by stanchions cordoning off the rotunda, with Capitol Police and State Police blocking each entrance. A sign said the rotunda was “reserved for the State of the State through the Department of Administration” from 4:30 to 10 p.m. The rotunda was vacant during the speech. Advertisement The suit says protesters were threatened with arrest and told that the governor’s office had instructed police to prevent them from accessing the rotunda and upper floors of the State House. The suit says police told Harrison Tuttle, then president of the Black Lives Matter RI PAC, that the governor’s office instructed them to bar him in particular from those areas. “Over 50 years ago, an ACLU lawsuit led to a court decision unequivocally declaring the State House rotunda to be an open public forum for the expression of political speech,” ACLU of Rhode Island executive director Steven Brown said in a statement. “Since that time, the rotunda has served as the epicenter for Rhode Islanders to peacefully express their views to state leaders and the public. This lawsuit is designed to ensure that it remains that way.” Advertisement The lawsuit argues that the governor’s reservation of the space and the Capitol Police and State Police actions stifled the protesters’ exercise of their First Amendment rights to freedom of speech and freedom of assembly. The suit says police shunted protesters to the “Bell Room,” a recessed area on the first floor of the State House that’s away from the building’s main entrance and elevators, and in a less visible and less accessible location than the rotunda. The lawsuit seeks a permanent injunction prohibiting the governor and others from restricting the right of the people to peacefully gather in the State House rotunda based on the content of their speech, and an award of damages and attorneys’ fees. To prevent a recurrence, the suit seeks a ruling before the next State of the State address. “It is incredibly important in today’s political environment that the First Amendment rights of the people to assemble, protest, and petition the government are preserved,” ACLU of RI cooperating attorney Sonja Deyoe said in a statement. “By filing this action, our clients have decided to stand up on behalf of all Rhode Islanders to preserve those fundamental rights.” ACLU of RI cooperating attorney Lynette Labinger said, “It is the hallmark of our most cherished civil rights — to be able to speak our own mind, to be able to persuade our elected officials or the general public, and to associate with others in an effort to advocate for, or against, change.” Government interference with those rights is held to the most demanding standards, Labinger said. “The last-minute creation of a non-event, which was then used as an excuse to deny local activists the ability to hold their planned rally in the State House rotunda, falls far short,” she said. Advertisement Eric Hirsch, executive director of Rhode Island Homeless Advocacy Project, said he has been advocating for an end to homelessness for years, attending dozens of State House rallies, and he was shocked to see the rotunda roped off when he arrived on Jan. 14. To make matters worse, we were also prevented from getting anywhere near the governor’s address, Hirsh said. “We were confined to a lower floor of the State House. This is unacceptable,” he said. “We have a right to express our view of the governor’s policies toward people experiencing homelessness.” Edward Fitzpatrick can be reached at edward.fitzpatrick@globe.com. Follow him @FitzProv.
