City of Providence Pays Lawyer $142,500 to Settle 2018 Lawsuit for “Failure to Move”
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City of Providence Pays Lawyer $142,500 to Settle 2018 Lawsuit for “Failure to Move”
During an exchange with police that dates back to 2015, Kurland was arrested for "failure to move."
Despite paying out six-figures, the City of Providence does not admit any violations in the settlement. The lawsuit named a number of Providence Police officers as well as then public safety commissioner Steven Pare and then-Police Chief Huey Clements.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTKurland, when asked about the settlement on Tuesday night, had strong words for the city of Providence.
“As someone who loves my city, it is frustrating that leadership would rather waste all these resources instead of just saying we were wrong and we promise to take the Constitution seriously,” said Kurland.
“As a civil rights lawyer, I have to ask - why is the City leadership willing to pay considerably more for a settlement with a white litigant than they regularly do to Black and brown plaintiffs? And as someone who loves my city dearly, I am still profoundly angry that every day, this same unconstitutional conduct - and worse - results in unjust arrests and much worse, especially for Black and brown youth. It needs to stop,” Kurland added, who works at the law firm who filed the case.
A 2015 Incident Sparked Federal Lawsuit
According to the federal lawsuit filed by attorney Richard Sinappi on behalf of Kurland, it was claimed that in August of 2015, Kurland and others were at a meeting when they were notified that Providence Police were “harassing” a homeless woman.
“As the meeting was finishing up and they were nearby, Kurland, Ms. [Barbara] Freitas, and Ms. [Kate] Miechkowski decided to go to the area where the police were attempting to remove the woman from the sidewalk and see what could be done,” said the lawsuit.
“Kurland, Ms. Freitas, and Ms. Miechkowski walked over to City Hall where the woman who was being harassed had moved and spoke with her [the woman]," the lawsuit continues. "She indicated that the two officers across the street near the entrance to a CVS pharmacy on Fulton Street, upon information and belief Defendants [Providence Police Officer Ralph] Abenante and [Officer Kyle] Richards, had told her that she and others were not allowed to stand there and had ordered her to move.”
Directly in front of the CVS on Fulton Street is a public sidewalk which is approximately sixteen (16) feet wide with an additional walkway to the store entrance that is approximately four (4) feet, five (5) inches wide.
"[Kurland] informed the woman that the Defendant Officers were incorrect and that she was entitled to stand on a public sidewalk so long as she was not obstructing anyone or committing other crimes or violations while standing there," states the lawsuit.
The police and Kurland reportedly went back and forth over what constituted a violation and what was legal.
That CVS closed in 2019 in part due to crime in and outside the store.
Is Swearing Ilegal?
Kurland’s 2018 lawsuit claimed that, “During the course of this civil exchange, the woman whom [officer] Abenante originally tried to remove from the public sidewalk included a curse word among her comments. Upon hearing it, Abenante said that the woman's use of a swear word constituted the criminal offense of disorderly conduct. Kurland informed Abenante that he was again incorrect and cited the First Amendment to the United States Constitution and the case of State of Rhode Island v. McKenna.”
Arrested
“One of the police officers then said to Kurland, "I don’t see any egress there, look at that, everybody is blocking the sidewalk,” said the lawsuit.
Kurland claimed the area was not blocked.
“One of the Defendants interrupted her by saying, ‘I know who you are, I know, you just want to come here, you wanna get me in trouble," claims the lawsuit.
The lawsuit claims, “Kurland responded to this by noting, ‘It’s up to you if you want to get yourself in trouble, it’s totally up to you; I mean, we’re just standing here where we can stand.’”
Another Providence Police officer George Smith arrived shortly thereafter and informed Kurland that he would place her under arrest for not moving.
“Kurland responded by asking officer Smith what she would be charged with if she did not move from the sidewalk. Smith responded that he would charge her with failure to move,” said the lawsuit.
Kurland then reportedly told Smith that there is no such charge and the only city ordinance criminalizing the “failure to move” involves boats in the harbor.