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February 6, 2007

ACLU rebuts RIC's claim it isn't 'government entity'

PROVIDENCE — In response to a First Amendment lawsuit, Rhode Island College is claiming it is not a government entity and that college President John Nazarian is not a government employee.

The public college made those claims in asking a federal court to dismiss a lawsuit that the Rhode Island Affiliate of the American Civil Liberties Union filed in December. The suit charges that the college violated the First Amendment rights of a student group when it removed a series of signs reading “Keep your rosaries off our ovaries.”

Today, the ACLU said it is “stunned and amazed” that the college is arguing that it’s not a government entity for civil rights purposes.

“Rhode Island College’s position that its campus is a Constitution-free zone is shocking and preposterous, and will no doubt come as a surprise to the thousands of students and faculty members who thought they were attending or working at a public institution,” said Steven Brown, executive director of the local ACLU affiliate. “We are confident that the court will summarily reject this extraordinary position.”

Rhode Island College spokeswoman Jane E. Fusco said, “Because this is an ongoing case, the college’s position is the motion speaks for itself, and this is a matter that will and should play out in the courtroom.”

The college’s lawyer, Nicholas Trott Long, filed a motion in U.S. District Court in Providence on Friday, noting, “It is fundamental that the First Amendment is concerned with government action only.”

But, Long wrote, “The defendant Rhode Island College is not a government entity, defendants Nazarian and (Vice President for Student Affairs Gary M.) Penfield are not government employees, and any actions they took or failed to take in relation to the case at bar were not under the color of law.”

On its Web site, RIC describes itself as "the oldest of the three public institutions of higher education that operate under the aegis of the Board of Governors for Higher Education."

More to come tomorrow on projo.com and in The Journal ...

-- Journal staff writer Edward Fitzpatrick

Posted by Steve Peoples  at 6:51 PM | Permalink

Comments

I would only wish that Rhode Islander's would understand that the ACLU is the prime anti-American organisation in our state. I wait for the day when they are finally destroyed.

Ian Morrison | February 6, 2007 8:39 PM link

Hey, if RIC now insists that it is not a government entity, then I guess they want the state to stop funding it. Thank you, RIC, for helping to fix the hole in the state budget!

Dub Not Dubya | February 6, 2007 10:12 PM link

I agree, cut all state funding right now if RIC is a private institution. I hope none of their employees are part of any state pension program. Be careful what you wish for RIC. When this is over the RIC Board should ask for the college presidents resignation.

David Adams | February 7, 2007 1:23 PM link

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