Rhode Island’s public records rules “does not use” to private institutions, according to a university.
The Brown University Department of Public Safety has recently filed a complaint against two journalists who are working for the American Civil Liberties Union of Rhode Island for disclosing public records requests for information about college authorities detention.
Because Brown is a private entity, the college claimed that its police are exempt from the state’s empty records legislation.
The idea of secret prosecutions is anathema in a society that values accountability and transparency in the function of law enforcement, according to Rhode Island ACLU spokesman Steven Brown, who spoke to The College Fix.
In a new message, he wrote that” the public as well as the kids have a right to see the police information justifying those detention.”
Michael Bilow and Noble Brigham are the defendants in the clarity lawsuit that was filed last year.
In early December of that year, Brigham, a writer for the student paper Brown Daily Herald, requested authorities information from the college about a man who had been detained numerous times for trespass, according to the complaint.
Bilow, a writer for Motif journal, also requested arrest records for a pro-Palestinian rally on December 11, 2023 that resulted in school police intervening. According to Brown Daily Herald, the officers “arrested and booked” 41 student activists for trespassing.
Because Brown is a private school, the plaintiffs were informed after each plaintiff’s request was denied that the school authorities were not subject to Rhode Island’s Access to Public Records Act.
Public bodies or organizations are required to “facilitate people access to public files” unless doing so would” form an unnecessary invasion of individual privacy” according to the law. A “public or personal company,” a man, partnership, corporation, or organization object acting for or in place of any common agency, can be defined as a “public or personal agency.”
Less: University cannot shield itself from the open records law by using the foundation of judge
The two journalists ‘ clarity problems were addressed by the Rhode Island Attorney General’s Office in January, and it was determined that Brown’s police office is certainly a “public system” under state law because it sends imprisonment information to the Providence Police Department.
Additionally, the company stated that there is” no proof” that the provincial or state police are compelled to make arrests within their purview.
University spokesman Brian Clark cited the attorney general’s findings in an email to The Fix next week, claiming that the state’s available data law “does never apply to private school police agencies.”
Additionally, Clark added that the Ivy League is “prepared to mount a strong effort to make clear the numerous reasons why”.
The plaintiffs ‘ demands include that the court designate the university police department to be a “public body or agency” in accordance with state law. According to the case, any private agency making arrests should act in place of a public agency, and their arrest reports should be made public upon request.
When asked what impact this case might have on Rhode Island students ‘ right to freedom of the press, Brown with the ACLU claimed that journalists at all levels have a” crucial function” in holding police to account for their actions and that they can’t do their jobs if campus police refuse to give access to “basic records like arrest reports.”
The Rhode Island Senate is deliberating on the open records issue outside the courtroom. After being delayed for a further analysis on May 22 due to lack of progress, Senate Bill 909 is currently awaiting approval from the Judiciary Committee.
The bill would change the open records law to expressly define any “police department of any private educational institution of higher learning” that employs” special police officers” and/or “peace officers” as a public body.
The Fix emailed state senators ‘ offices. On June 4 and 6, Gordon Rogers and Thomas Paolino contacted them for clarification on their reasons for supporting the amendment, but they did not respond.
MORE: Brown wraps up the investigation and won’t punish a student journalist for allegedly bloating the administration.
During a pro-Palestinian protest, BrownU Jews for Palestinian Liberation/Instagram: Students lay on the ground at Brown University during a IMAGE CAPTION AND CREDIT.
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