On February 15, 2024, landmark legislation was introduced in the General Assembly to provide something most Rhode Islanders thought they already had: a remedy for violations of state constitutional rights. Representatives Jose Batista, Evan Shanley, and Cherie Cruz introduced the “Rhode Island Civil Rights Enforcement Act” (H 7636), a crucial initiative that provides remedies for any injury or harm caused as a consequence of a violation of state constitutional rights by any state or local governmental agent, employee, or official. The remedies provided by the proposed Act include declaratory and injunctive relief, as well as monetary damages and attorneys’ fees. The bill was drafted by and introduced at the urging of Richard A. Sinapi, a long-time civil rights attorney in this state. Said Sinapi, “I think most Rhode Islanders would be appalled to learn that there is currently no remedy for a violation of their state constitutional rights.”
As a result of a series of state and federal court decisions over the past 2 1/2 decades, nearly every constitutional right protected under the state constitution—including freedom of speech, freedom of assembly, due process, freedom from unreasonable search and seizure, freedom from cruel and unusual punishment, to name a few—have been rendered unenforceable because they were not deemed “self executing.” Despite the fact that these rights were all created as a result of state referenda approving the state constitution and subsequent amendments thereto, these court decisions have held state constitutional protections were not enforceable in the absence of enabling legislation enacted by the General Assembly. Previously it had been assumed, and some court decisions had held, that there was an implied right of action to enforce state constitutional rights. That is no longer the case. Thus, Rhode Islanders find themselves in a paradoxical situation where their constitutionally guaranteed rights exist in theory but falter in practice due to the lack of a direct enforcement mechanism.
Sinapi went on to say: “If Rhode Island Constitutional protections are going to mean anything, the General Assembly must enact an enforcement statute. The Act’s purpose is simple: to provide civil remedies and compensation for any harm caused due to a violation of rights secured by the Rhode Island Constitution and thereby also deter future violation of such rights. The premise of the bill is also simple: it is the state and its administrative and municipal governing bodies, not innocent parties, that should bear the cost of any harm caused by a violation of their state constitutional rights.”
While Rhode Islanders can seek relief for violations of their federal civil rights and liberties under 42 U.S.C. Sec. 1983, the enforcement statute passed by Congress over 150 years ago to enforce federal constitutional rights, that statute is of limited benefit because the Rhode Island Constitution contains additional rights not protected under the federal constitution. The federal enforcement statute also frequently leaves injured parties without a remedy because it does not apply to conduct by a state government and the availability of governmental and individual immunities. This bill rectifies that.
Steven Brown, Executive Director for the Rhode Island ACLU, commented that, “the proposed Act accomplishes its purpose in a straightforward manner: by proposing a mechanism to ensure rights guaranteed under the Rhode Island Constitution have a remedy. The legislation draws directly from the language of the federal civil rights enforcement statute, providing a transparent enforcement tool with meaningful remedies for state civil rights and liberties violations.”
Twenty-two states have either enacted similar enforcement statutes or recognized an implied right of action under their state constitutions. Sinapi pointed out that “Rhode Island stands at a pivotal moment to join these ranks and demonstrate a profound respect for the rule of law and the dignity of every Rhode Islander. The Act reaffirms the principle that every right shall have a remedy, ensuring that the protections enshrined in the Rhode Island Constitution are not merely aspirational.”
We commend Representatives Jose Batista, Evan Shanley, and Cherie Cruz for their visionary leadership in championing this crucial legislation. Their dedication to safeguarding the civil liberties of all Rhode Islanders is admirable and inspiring and reflects a shared vision for a just and equitable society.
As we move forward, we urge all stakeholders, including the public, policymakers, and civic organizations, to recognize the importance of this bill. It is a critical step towards ensuring that the rights enshrined in the Rhode Island Constitution are more than mere words on paper but are living promises of justice and protection for every resident. Reach out to your representatives today in support of the Rhode Island Civil Rights Enforcement Act—let them hear your voice loud and clear. Your involvement is crucial.
Sinapi Law Associates, Ltd. has a proven track record over a period of nearly 40 years of protecting and vindicating the civil rights and liberties of individuals. You can learn more about our civil rights practice here. If you believe your civil rights may have been violated, you can submit a request for a free case evaluation here or call us at 401-739-9690.
