CHAPTER 1 CIVIL RIGHTS

Article I Section 2 of the RI Constitution states that"... No Person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws. No otherwise qualified person shall, solely by reason of race, gender or disability be subject to discrimination by the state, its agents or any person or entity doing business with the state...."

Civil Rights of People with Disabilities 42-87

No person doing business in the state shall discriminate against an otherwise qualified person solely by reason of his or her disability. They shall not discriminate on other individuals on the basis of the relationship and association with the individual with the disability. It is illegal for any person or entity, solely on the basis of disability, to:

1. deny a qualified person benefits or services, or provide aid, benefit or service that is not as effective as that provided to others, or different or separate aid, benefits or services, unless that difference is necessary to ensure the aid, benefits or services are as effective as provided to others;

2. help others discriminate on the basis of disability;

3. refuse to appoint a qualified person to an advisory board;

4. limit the enjoyment of any right, privilege or opportunity that is afforded to others who receive the same benefits or services;

5. refuse to hire, provide reasonable accommodations, provide different rates of pay or benefits, or otherwise discriminate in employment activities (for details regarding employment discrimination, see Chapter Seven: Employment);

6. deny equal housing (for details regarding housing discrimination, see Chapter Three: Housing);

7. refuse to allow a trained personal assistive animal into commercial or rental property;

8. discriminate in providing goods, services, facilities, privileges, advantages, or accommodations by any place of public accommodation; or

9. exclude from participation in or be denied the benefits of services, any programs or activities by a public entity (local or state government agency).

To file a complaint:

Commission for Human Rights

(except the following)

/RI State Building Commission

(violations caused by physical inaccessibility)

Department of Education

(violations in the area of elementary and secondary education)

Fair Employment Practices 28-5

It is unlawful for employers to discriminate on the basis of disability in any activity related to employment (see Chapter Seven: Employment for additional information).

Urine and Drug Tests as Condition of Employment: 28-6.5-1,28-6.5-

Tests (urine, blood, other bodily fluids) can be done only in accordance with these sections. There is testing of perspective employees.

R.I. Fair Housing Practices Act 34-37

0 It is illegal for any realtor, landlord or other provider of housing (for rent or sale) to discriminate on the basis of disability. (see Chapter Three: Housing for additional information.)

Discrimination in granting credit or loans 34-37-4.3

No person or lending institution may discriminate on the basis of a disability when granting or extending any form of loan or credit.

To file a complaint contact the:

Commission for Human Rights

Rights of Persons with Disabilities Relating to Taxation 44-3

There are numerous real estate and excise tax exemptions for persons with disabilities. The laws vary regarding property ownership, total dollar amounts for exemption, degree of disability, and income requirements from town/city to town/city.

For further information contact the:

town/city tax collector’s office

Property Subject To Taxation 44-3-4

Each town and city has a property tax exemption. Disabled veterans or their spouse’s who own a specifically adapted home which has been modified or acquired with the assistance of a special adaptive housing grant from the Veteran’s Administration that meets Veteran’s Administration guidelines for adaptive housing shall be exempt from all property taxation on said home. Houses acquired or modified using proceeds from the sale of any previous home which was acquired with the assistance of a special adaptive housing grant from the Veteran’s Administration are also exempt from property tax.

For further information contact the:

Town/city tax collector’s office

Property Tax Relief 44-33-9

A person who is 65 or older or disabled (receiving social security disability benefits) is entitled to a credit on his/her property tax equal to the amount of property taxes or rent constituting property tax accrued on the individual’s home exceeding the percentage (listed below) of the individual’s total household income.

Income Range 1person 2 or more persons

$6000 3% 3%

$6001-9000 4% 4%

$9001-12000 5% 5%

$12001-15000 6% 5%

$15001-25000 6% 6%

The maximum amount of credit granted shall be as follows.

Year Credit Maximum

Commencing July 1977 $55.00

Commencing July1978 $150.00

Commencing July1979 $175.00

Commencing July 1980 $200.00

Commencing July 1997 $250.00

and subsequent years

For further information contact the:

Town/city tax collector’s office

Zoning & Community Residence 45-24-37

Local city or town zoning ordinances must permit community residences, households, day care homes within all residential zoning use districts and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons.

A community residence, for zoning purposes is a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. (see Chapter Three: Housing for additional information.)

In the event that a building structure is rendered uninhabitable by causes such as fire or flood, the owner may park temporarily (up to 12 months) on the land in a mobile or manufactured home until the building structure has been made fit for occupancy. Such allowances will only occur if the property owner obtains permits to repair or rebuild from the local building official in a timely manner.

Hotels and Public Places 11-24

It is illegal for any place of public accommodation to discriminate on the basis of disability. Public accommodations include:

1. hotels/motels/inns etc.,

2. amusement parks,

3. eating places,

4. bars,

5. retail stores,

6. hospitals/clinics,

7. places of entertainment (including sports arenas),

8. public rest rooms, and

9. transportation.

It is illegal for any place of public accommodation to refuse to allow a personal assistive animal (such as a guide dog) on the premises. No extra fees may be charged for the presence of a personal assistive animal. The owner is responsible for any damage done to the premises by such an animal.

To file a complaint contact the:

Commission for Human Rights

Smoking in Public Areas 23-20.6-2

Smoking tobacco in any form is a public nuisance and dangerous to public health and shall not be permitted in any of the following places used by or open to the public: the state house, elevators, indoor movie theaters, libraries, art galleries, museums, concert halls, auditoriums, buses, primary, secondary or post-secondary school buildings, colleges and universities (including dormitories), and public hallways in court buildings, hallways of elderly housing complexes, supermarkets, medical offices, public laundries, and hospitals. However, this section does not prohibit smoking in the areas listed above if the smoking is confined to areas separated from those used by the general public and identified by signs as smoking areas.

The proprietor shall make reasonable efforts to prevent smoking and shall post no smoking and warning signs conspicuously in these areas.

Any person who violates this law shall be subject to a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00).

Eating facilities with a seating capacity of fifty (50) or more persons shall have separate seating for nonsmokers and smokers. An “eating facility” shall mean any building, structure, room or area maintained as, or held out to the public as, an enclosure where meals are served for consideration of payment. The proprietor is responsible for posting signs at the entry stating that the establishment is required by law to have a no-smoking section and in the smoking sections identifying the area. Excluded, however, are bars, nightclubs, lounges, dance clubs, and privately sponsored social affairs.

For further information or to file a complaint, contact the:

Department of Health

Discrimination in Government Services 42-51-6

The Governor’s Commission on Disabilities is responsible for coordinating compliance by state government agencies with federal and state disability discrimination laws. The Commission is responsible for resolving complaints, through mediation, by individuals with disabilities regarding services provided or denied by state government agencies or organizations that receive financial assistance from state government. The Commission is also responsible for resolving complaints by employees with disabilities who are employed by state agencies or organizations that receive financial assistance from state government. The Commission issues guidelines for state agencies to follow in complying with the disability rights laws, develops and oversees plans for removing environmental and communication barriers to state government services, and may initiate (in federal or state court) complaints against any state agency that willfully fails to comply with disability rights laws.

For more information or to file a complaint, contact the:

Governor’s Commission on Disabilities

Insurance Companies - Discrimination in Rates 27-1-39 & 27-2-23

Insurance companies are prohibited from discriminating in regards to premiums or rates for policies with casualty, fire, homeowners, accident and health, and marine insurance. They cannot discriminate against anyone on the sole reason that they have a disability (this includes both raising or lowering rates and offering discounts). The insurance company may adjust their premiums and/or services for a person with a disability if their disability is relevant to risk or loss.

No automobile insurance company, doing business in the state of Rhode Island, may discriminate in the charging of rates; issuing of policies; and determining rate class solely on the basis of disability or modification of the car. If a person has a disability that is relevant to a risk or loss, the insurance company may adjust the premium.

The law applies to both foreign and domestic insurance companies.

For more information or to file a complaint, contact the:

Department of Business Regulation

Consumer Enforcement of Assistive Technology Device Warranties 6-45

This law provides “lemon law” relief to consumers of assistive technology devices, which are purchased or leased in order to increase, improve or maintain the functional capability of an individual with disabilities by replacement of, or refund for the defective equipment. A device is a “lemon” if:

1. the same problem is not repaired after a reasonable number of tries in the first two years; or

2. the equipment is out of service for more than a total of thirty (30) days in the first year. Manufacturers and dealers are obligated to make necessary repairs or provide remedies such as:

· replacement of the device within thirty (30) days; or

· refund within fourteen (14) days.

· Loaners are required:

3. immediately, when the device is being repaired, if the absence of a loaner would be a threat to the user’s safety; or

4. after seven (7) days out of service in any other case; also,

5. if the consumer is having the device replaced but has to wait longer than fourteen (14) days.

For further information or to file a complaint contact the:

Department of Business Regulations

Consumer Protection Rights – Authority to Regulate and Licensing Issues 5-71, 5-49, 23-15-2 and 5-63.2

For consumer protection rights information pertaining to licensure of interpreters for the deaf contact the: Department of Health;

For consumer protection rights information pertaining to the licensing of home health aides agencies contact the: Department of Health;

For consumer protection rights information relating to the authority to regulate hearing aid dealers and fitters contact the: Department of Health;

For consumer protection rights information relating to regulating the quality of home care providers and home nursing care programs contact the: Department of Health; and,

For consumer protection rights information relating to the licensing procedure for mental health counselors and marriage and family therapists, as well as the qualifications necessary to become a therapist contact the: Department of Health.

AIDS Discrimination 23-6-22

It is illegal to discriminate against persons who test positive for the HIV/AIDS virus in housing, employment, credit, public accommodations, health care or social support services. In addition, an AIDS test cannot be required to get or keep a job. Discrimination is allowed only when there is a clear danger of transmission of the AIDS virus, based on the testimony of a medical doctor.

To file a complaint contact the:

Commission for Human Rights

Assault 11-5-10.2, 11 & 13

Simple assault and battery on persons with mental retardation and/or severe disabilities carries a penalty of up to five (5) years in prison and/or fines of up to $2,000.

Assault on a severely disabled person that results in serious bodily injury carries these penalties:

1. mandatory prison sentence of two (2) to twenty (20) years; and

2. possible fines up to $5,000; and

3. one or both of the following (mandatory):

· restitution to the assaulted person; or

· up to five hundred (500) hours of community service work.

Assault or battery committed for the purpose of intimidation because of a victim's disability carries a penalty of up to two (2) years and/or a fine up to $5,000.

Robbery where the victim is disabled or elderly will be considered to be first degree robbery and the person who committed the robbery will be imprisoned for not less than ten (10) years and may be imprisoned for life or fined not more than fifteen thousand dollars ($15,000), or both.

To report a violation contact the:

local police department

Department of Children, Youth and FamiliesChildren’s Freedom from Restraint 42-72-.99

Protects children from physical or mental abuse, corporal punishment, involuntary seclusion, and any restraints imposed for the purposes of discipline of convenience, in any agency, organization, public or private entity that provides any of the following for children: residential treatment, including in-house educational programming; in-patient or residential psychiatric treatment for mental illness; group or shelter home care pursuant to a license granted by the department of children, youth and families. The department of children, youth and families will issue regulations, relative to the use of seclusion and restraint at the Rhode Island training school for youth on or before January 1, 2001.

For further information contact the:

Department of Children, Youth and Families

Right to be Heard in Commitment Proceedings 33-16-26

Any person who is believed to have a mental illness requiring commitment to an institution has the right to appear and be heard at the commitment proceedings, to speak on his or her own behalf.

To report a violation contact the:

Mental Health Advocate

600 New London Ave

Cranston, RI 02920

462-2003

1-800-346-2282

Rhode Island Disability Law Center

56 Pine Street

Providence, RI 02903

274-2652