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May 23, 2008
ACLU challenges Narragansett party penalties
The ACLU's Rhode Island chapter today filed a lawsuit calling unconstitutional Narragansett's regulation that lets police charge renters/tenants and landlords for "unruly gatherings" in residences and put orange stickers on the homes.
An ACLU suit in Superior Court against the South County coastal town is on behalf of the University of Rhode Island's Student Senate and four students and three landlords who, according an ACLU news release, have been affected by the ordinance enforcement.
The ordinance violates the plaintiffs’ rights to "procedural and substantive due process, privacy and freedom of association," the ACLU asserts. The ordinance “gives sole discretion to the police department” to put stickers on houses where alleged unruly gatherings happened, “without any opportunity for a hearing or appeal by owner or renter.”
-- projo.com staff writer Michael P. McKinney, with Journal archival reports
Plaintiffs David Keach, Timothy DeMerchant and Michael Spatcher face pending charges in district court of violating the ordinance, the ACLU says. Two other plaintiff URI students, Warren Byrne and Ben Cuddy, were evicted after the police put an orange sticker on the house they were renting and, the ACLU says, had to pay rent for the rest of the school year for both that residence and their new one.
Landlord plaintiffs Walter Manning and Steven and Karen Jedson own houses that received an orange sticker. They assert it adversely affected their ability to rent the houses, the ACLU says.
Read Journal coverage of a recent Narragansett\URI Coalition meeting that included various sides on this issue.
Posted by Mike McKinney
at 1:00 PM | Permalink
Dan | May 23, 2008 4:34 PM link
Eric | May 26, 2008 6:14 PM link
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Another case where the ACLU has it wrong. Narragansett finally established accountability for the owners and tenants of these "party houses" that drain local public safety resources primarily police and EMS. There are times that the streets are not passable for emergency vehicles due to parked vehicles for these parties. That endangers everyone, the partiers and the neighbors. Don't the abutting owners who reside in their homes deserve some peace without retalliation from the partiers? Narragansett finally got it right with one exception: The ordinance should be year round to include the absentee landlords who occupany these homes during beach season or get outrageous weekly rents for these party houses.