Committee considers bill to create state enforcement mechanism for Rhode Island constitutional rights

Attorney Richard (last name not read fully in excerpt) and representatives from multiple civil-rights and labor organizations testified in favor of House Bill 5223, a proposed Rhode Island enforcement statute that would create a private civil remedy for violations of rights secured by the Rhode Island Constitution and its laws.

Sponsor counsel said recent federal and state decisions have undercut the ability to enforce many state-constitutional protections absent a statutory cause of action. He argued the bill mirrors the federal 42 U.S.C. §1983 enforcement structure but is necessary because the state constitution contains rights not covered by federal law (including fisheries/shoreline protections and state anti-discrimination provisions). Supporters included the ACLU of Rhode Island, the Rhode Island Association of Justice, the Rhode Island AFL-CIO and municipal officials. Witnesses said the law would deter future violations by making government accountable and would not create new rights but would provide enforceable remedies for existing state constitutional protections.

Questions from members touched on concerns raised by the Governor's office and the League of Cities and Towns about fiscal consequences and immunities; the sponsor said those concerns reflected misunderstandings and emphasized that qualified immunity for individuals would remain but a governmental entity could still be held responsible in appropriate cases.

The transcript shows robust support from civil-rights and labor groups and closes with committee consideration of the bill; no final vote appears in the provided excerpt.