ACLU Sues Brown University Over Public Records

News Summary

The ACLU of Rhode Island has filed a lawsuit against Brown University’s Department of Public Safety, challenging its refusal to comply with the state’s Public Records Act. The lawsuit follows denied requests from journalists for arrest reports, asserting that the DPS qualifies as a public body. Brown University maintains that it operates outside the jurisdiction of public records laws. This legal action highlights critical discussions about transparency in law enforcement within private educational institutions.

Providence, Rhode Island – On Monday, the American Civil Liberties Union (ACLU) of Rhode Island filed a lawsuit against Brown University’s Department of Public Safety (DPS), challenging the department’s assertion that it is not obligated to comply with the state’s Access to Public Records Act (APRA).

The lawsuit arises after DPS denied requests made by two journalists, Noble Brigham and Michael Bilow, for arrest reports from 2022 and 2023. The journalists sought these records under the APRA, which mandates public agencies to disclose arrest reports and other internal documents. In response to DPS’s refusal to provide the requested information, the journalists submitted complaints to the Rhode Island Attorney General’s office, who ultimately ruled in January 2025 that DPS does not fall under the jurisdiction of APRA.

Brown University spokesperson Brian Clark indicated that the university has yet to formally receive the lawsuit but expressed confidence in their ability to uphold its position of exemption from the APRA requirements. He noted that if officially served, the university is prepared to conduct a thorough review and respond according to legal protocols.

The lawsuit, filed on behalf of the two journalists, argues that the DPS operates as an “agency” under the APRA, serving as a law enforcement body that enforces criminal laws on campus, thus qualifying it for public disclosure requirements. The ACLU’s stance underlines the importance of transparency in law enforcement operations, especially concerning public safety.

In defense of its exemption, Clark highlighted that DPS’s operations are primarily limited to the university campus and that the department collaborates closely with the Providence Police Department, which is subject to the APRA. He mentioned that the department regularly posts a daily police log and shares annual crime statistics in accordance with the Clery Act, further supporting their position that they do not operate as a public agency in the same way that the Providence Police does.

The ACLU’s lawsuit seeks a judicial declaration recognizing the DPS as a public body under the APRA, which would obligate them to comply with public records requests. This initiative underscores ongoing discussions regarding transparency in law enforcement, particularly for police departments affiliated with private educational institutions.

The filing of this lawsuit coincides with discussions of proposed legislation aimed at amending the APRA, which would clarify its applicability to police departments at private colleges and universities. Advocates are increasingly concerned about the implications of allowing such departments to withhold arrest records from public scrutiny, sparking debates about accountability and public trust in law enforcement.

The background of this legal dispute originated when Brigham and Bilow, who are not affiliated with any media outlet in this lawsuit, encountered roadblocks in their efforts to obtain arrest records through formal APRA requests. After DPS failed to respond adequately, the journalists took the step of filing complaints with the Attorney General’s office, leading to the state’s determination that DPS did not need to comply with APRA.

The ACLU’s executive director characterized the notion that a police department could keep arrest records confidential as shocking, emphasizing the necessity for transparency. The ongoing developments could have significant implications for the handling of public records at private institutions and the expectations for public accountability from departments that engage in law enforcement activities.

As discussions surrounding police transparency and public record accessibility evolve, the outcome of this lawsuit may set important precedents for the future of public records law in Rhode Island and beyond.

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