AG Files Civil Rights Complaint Against Johnston Man

From the Office of Rhode Island Attorney General Peter Kilmartin:

Attorney General Peter Kilmartin has filed a complaint in Providence County Superior Court seeking a temporary restraining order, preliminary and permanent injunction, and civil penalties against Vincent B. Smith, 49, of Johnston enjoining him from threatening, harassing, or contacting Jennifer L. Piscione and Roger R. Ditusa. The complaint alleges that Mr. Smith has engaged in a continuing pattern and practice of racial, homophobic and sexist statements and actions. Smith was served with the civil complaint on March 28.

(Read the JohnstonPatch Police Log detailing Smith's arrest on March 11.)

Kilmartin, who filed the complaint through his Office of Civil Rights Advocate, brought the legal action on behalf of Piscione, a single mother of a bi-racial child, and Ditusa, a gay male, both of whom resided at the Dale Court condominium complex in Johnston.

“All citizens are entitled to certain basic rights under any circumstances. These include the right to live peacefully in your home and to enjoy other basic rights free from bias motivated threats, intimidation, coercion and violence,” said Kilmartin. “Anyone who engages in intimidating and hateful behavior violates the civil rights of another will not be tolerated.”

Kilmartin noted that the law includes a civil penalty of up to $5,000 for a defendant found liable for a violation. A Preliminary Injunction Hearing is slated to be held April 7 in Providence County Superior Court.

The General Assembly created the Office of Civil Rights Advocate in 2005, responsible for training and education, reviewing civil rights complaints, conducting investigations, and bringing civil actions. The statute requires use of force or violence, property damage, or the threat thereof, which interferes with a person’s federal or state’s constitutional or statutory rights. If these facts and circumstances are present, the Attorney General may bring a civil action in the
name of the state or on behalf of the aggrieved persons seeking an injunction, monetary penalty up to $5,000 and other appropriate action.

Assistant Attorney General Thomas A. Palombo serves as the Civil Rights Advocate. This is the third civil rights case brought by the Office of the Attorney General since the creation of the Office of Civil Rights Advocate.

In addition to the civil complaint, Mr. Smith was arrested and charged with vandalism by the . The Johnston Police Department is seeking a hate crime sentencing enhancement in the event the defendant is convicted, which carries a minimum sentence of 30 days imprisonment, with the possibility of up to one year. Mr. Smith was released on $1,000 surety bail following his arrest.