ACLU Sues Brown University Over Arrest Records Transparency

Categories: College University AthleticsCollege/University NewsEducation

The ACLU's lawsuit against Brown University highlights issues of transparency in campus policing.

News Summary

The ACLU of Rhode Island has filed a lawsuit against Brown University’s Department of Public Safety for denying arrest record requests from journalists. The case questions whether BDPS should be classified as a public body under the state’s Access to Public Records Act, given its law enforcement capabilities. This legal action highlights ongoing debates about transparency and accountability within university police departments and aims to compel BDPS to release the requested records. The outcome may influence the standards governing access to information from private campus police in Rhode Island.

Providence, Rhode Island – The American Civil Liberties Union (ACLU) of Rhode Island has initiated a lawsuit against Brown University’s Department of Public Safety (BDPS) following the department’s refusal to provide arrest records requested by two journalists. The legal action, filed in Providence County Superior Court, centers on claims that BDPS should be classified as a public body subject to the state’s Access to Public Records Act (APRA).

The lawsuit involves two plaintiffs: Noble Brigham, a former student journalist who graduated from Brown in 2024, and Michael Bilow, a reporter for Motif Magazine. Brigham sought arrest reports related to a man charged with trespassing and felony breaking and entering in December 2022, while Bilow requested information about the arrests of 41 students during a protest on December 11, 2023. Both requests were denied by BDPS, which cited its status as a private agency, claiming it is not subject to the APRA.

The ACLU disputes this characterization, arguing that BDPS possesses police powers analogous to those of state and local law enforcement agencies, thus making it accountable to the same public records laws. The complaint stipulates that since BDPS performs essential functions of law enforcement, including the authority to arrest individuals, it should be regarded as a public body.

The lawsuit emerges amid ongoing dialogues concerning governmental transparency and accountability within law enforcement. The ACLU’s legal filing highlights a growing concern over law enforcement officers’ and agencies’ operational transparency and the potential ramifications of BDPS erasing arrest records.

In January 2025, a legal opinion issued by the Rhode Island Office of the Attorney General supported BDPS’s stance, stating that it falls under the purview of a private institution and is not classified as a public agency. However, this opinion has been contentious, sparking broader discussions about the criteria under which campus police departments are classified and the implications for public access to police records.

The ACLU has accumulated numerous complaints from journalists regarding BDPS’s noncompliance with APRA requests over various incidents in prior years. The current suit further underscores the ACLU’s efforts to advocate for improved public records laws in the state, especially considering that the regulations have remained unchanged since 2012.

The lawsuit calls for a judicial judgment determining BDPS’s public agency status and aims to compel the department to release the requested arrest records within a stipulated timeframe of ten days. As the ACLU and BDPS continue to navigate this legal battle, important questions surrounding the operational transparency of private university campus police remain at the forefront of the discussion.

Concerns raised in the ongoing proceedings include the assertion that BDPS’s arrest powers fundamentally undermine the notion of transparency expected of law enforcement agencies. Former BDPS officer Michael Greco testified regarding the department’s historical manipulation of public records laws, alleging that university officials have sought to obscure police report information from public scrutiny.

The implications of this legal challenge may lead to significant amendments to the frameworks that govern access to information provided by private university police departments in Rhode Island. As this case progresses, its outcome may ultimately influence the balance between public interest and institutional privacy in collegiate law enforcement practices.

This case not only highlights the critical importance of accessible public records but also addresses longstanding issues related to the accountability and transparency of campus police, an evolving matter in the realm of public knowledge and engagement.