News Summary
The ACLU of Rhode Island has filed a lawsuit against Brown University’s Public Safety Department, asserting it must comply with the state’s Access to Public Records Act. This lawsuit stems from previous requests by journalists for arrest records, which BDPS initially failed to respond to, claiming exemption due to the university’s private status. The ACLU argues that BDPS’s police powers warrant public accountability, highlighting the case’s potential implications for transparency in law enforcement within private institutions.
Providence, Rhode Island
The American Civil Liberties Union (ACLU) of Rhode Island has initiated legal action against Brown University’s Department of Public Safety (BDPS). The lawsuit, filed in Rhode Island Superior Court, asserts that BDPS is not exempt from compliance with the state’s Access to Public Records Act (APRA).
This case centers on two journalists who had sought arrest records during different incidents on campus. Noble Brigham, from the Brown Daily Herald, requested reports related to a man charged multiple times with trespassing and breaking and entering in 2022. Michael Bilow, a journalist with Motif Magazine, requested records for 41 Brown students arrested during a sit-in protest in December 2023. In both instances, BDPS did not respond to the records requests initially and later claimed that they were not obliged to fulfill them because Brown University is a private institution.
The ACLU argues that BDPS, wielding police powers granted by the state, should be considered an agency under APRA’s definitions. The lawsuit seeks a declaratory judgment to establish that BDPS is indeed a public body subject to the provisions of APRA. Furthermore, the ACLU is asking for a permanent injunction requiring BDPS to supply the requested arrest records.
In defense of its position, Brown University maintains that BDPS operates independently of APRA, a claim backed by a January 2025 opinion from the Rhode Island Attorney General’s office. According to this opinion, BDPS functions as part of a private institution and lacks authority beyond the university campus and its adjoining areas, thus rendering it exempt from public records law.
The ACLU, however, insists that as a law enforcement entity, BDPS should be held to the same level of accountability as public agencies. This viewpoint is echoed by a former officer of BDPS, who provided testimony concerning internal practices aimed at restricting public access to information. This included modifying reports to avoid compliance with federal reporting requirements.
Transparency in law enforcement practices is emphasized as vital for maintaining public accountability. The ACLU’s executive director underscored the need for police departments to remain transparent regarding arrest records. The implications of the lawsuit extend beyond Brown University, as the Rhode Island General Assembly is currently considering legislative reforms to clarify how APRA applies to private university police departments.
If the ACLU’s lawsuit is successful, it could set a precedent that alters long-standing practices related to public access to information from police departments affiliated with private universities. This potential shift in legal interpretation and public policy could lead to greater scrutiny and transparency regarding law enforcement actions conducted by non-public institutions.
As the case unfolds, the public and various stakeholders will be closely monitoring the developments, emphasizing a significant intersection between law, privacy, and the rights of individuals to access public records related to law enforcement activities.
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Additional Resources
- Rhode Island Current: ACLU Lawsuit Against Brown University Police
- ABC6: ACLU of RI Sues Brown University
- Providence Business News: ACLU Sues Brown University
- Wikipedia: Access to Public Records Act
- Google Search: Brown University Police Records Lawsuit
