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Support Uber/Lyft CORI Background Check Reform

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Update: 9/18/17: The DPU has released new rideshare background check rules, but they changes appear minimal and insufficient. Uber and Lyft spokespersons say they are reviewing.

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  • CWOFs that are more than 7 years old can get a hearing before the DPU appeals board. We have no idea how likely they are to reverse a denial if you appeal, and on what grounds they might do so.
  • License suspension disqualifications will only go back 5 years instead of 7.
  • The TNC has updated their website with appeal process information.

That’s about it.

Johanna Griffiths of the Law Offices of Russell J Matson is quoted in the Boston Globe and the BU Daily Free Press.

“It’s wrong that people in this type of situation are stigmatized in the way that they are,” Griffiths said. “It’s about people having a right to work, getting past mistakes and moving on with their lives.”

“For the most part, you can get any job with a CWOF,” Griffiths said. “The hardest job to get right now in the state of Massachusetts is a job driving for Uber or Lyft.”

[Read more…]

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How Police Search the Tewksbury Motel 6 Guest Register for Open Warrants

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Update 9/14/17: Motel 6 claims to have now discontinued the program of sending guest data to ICE.  However, we still don’t know:

  • What was the exact nature of the arrangement between Motel 6 and ICE Agents?
  • Will they still hand over data when specifically requested without a warrant?
  • Will they still be sharing data with other law enforcement agencies for the purposes or warrant sweeps or any other reason?
  • What is the corporate policy regarding the privacy of guest data and law enforcement?

Update: 9/13/17: A Motel 6 in Arizona has been sending its guest registration data to ICE to facilitate immigration arrests.

“We send a report every morning to ICE — all the names of everybody that comes in,” one front-desk clerk explained. “Every morning at about 5 o’clock, we do the audit and we push a button and it sends it to ICE.”

It appears that Motel 6 management doesn’t just comply with specific law enforcement requests, but proactively sends data to be matched with law enforcement databases, be it for immigration status, warrants, or other reasons. If it is so simple that it is a one button push, does that suggest that this procedure is built into to their corporate guest services software?

If it is so simple that it is a one button push, does that suggest that this procedure is built into to their corporate guest services software? Motel 6 is owned by the Blackstone Group, whose chairman and CEO is Stephen Schwarzman, a strong supporter of President Trump.

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Is the Motel 6 in Tewksbury turning over daily guest register information to the Tewksbury Police, without informing their paid guests?

Almost certainly this is the case. Troubling data from anecdotal reports as well as patterns from the Tewksbury police log suggests daily police sweeps resulting in frequent warrants served and warrant arrests at this location. [Read more…]

Police and Social Media

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Update: 7/14: more on this from AP via CBS Boston.

Update 5/18: Great story in the Globe this morning on this.  The Taunton police lieutenant who wrote the post is unapologetic, but Ivan Espinoza-Madrigal of  correctly notes that cops are effectively mocking people with mental health or substance abuse issues here.

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Should the police be cracking jokes and humiliating people they arrest via social media? That’s what happened this week in Taunton, MA.

There was a story that originated from the Taunton Police Department Facebook page about a woman charged for DUI after an accident.

taunton police facebook social medial

Ok, the lizard in the bra makes it an unusual OUI arrest story, I’ll admit

It did have the unusual angle that this woman also happened to have a lizard in her bra. This admittedly odd fact made it clickworthy, so it was picked up by local, regional and then national media. [Read more…]

Background Checks for Uber/Lyft Drivers Mean Fewer Drivers and Unexpected Job Loss

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Update Thursday 5/25: Attorney Johanna Griffiths was on THE TAKE with Sue O’Connell NECN to discuss the hearing! Check out the video.

Update 5/24/17: Great turnout at the hearing on Tuesday! Details here. There is still time to submit public comments to the DPU/ through June 9th.

Update 4/21/17: Gov Baker made some very misleading comments about the rideshare rejection appeals process, noted in the Boston Business Journal here. The DPU has stated that 455 of 1472 appeals have been granted, however these are almost entirely appeals of “discretionary disqualifications”, and not anyone who failed because of the automatic conditional appeals. What people want and need is a way to appeal the license suspension from 5 years ago, or the 2 cwofs from 20 years ago, and explain their situation. Those appeals are still not even heard.

Update 4/17/17:  Attorney Johanna Griffiths was on @WBZNightside   4/17 talking rideshare criminal background checks. Here is the link to listen.

Update 4/13/17: More press today from the Globe. There are a few interesting nuggets in here:

  • Unconfirmed story of a record seal fixing a CORI background check problem, but details are limited. The story sounds pretty fishy unfortunately, and does not agree with what we understand about the sealing process and the DPU access to supersede that.
  • Hints that hearings and reform may be coming. Hearings are scheduled for May 23rd at 10am at the Transportation Building in Boston (10 park plaza). Public comments through June 9th. More details to follow.
  • Gov Baker is quoted as not previously understanding that a suspended license from 6 years ago is not appealable, and is seemingly open to allowing that.
  • Same with Mayor Carlo DeMaria of Everett. They are both definitely in the tough background checks camp, but express sympathy towards minor issues caught up. So there may be some room for negotiation if the hard liners are amenable. Stay tuned.

Update 4/7/17:  This story was covered on Channel 7 News Boston, and attorney Johanna Griffiths of the Law Offices of Russell Matson was interviewed. Over 8000 (our of 71,000) drivers rejected on strict background checks.

Unfortunately, there is nothing we can do to help drivers with this issue, but we are hoping that media attention will bring changes to the background check strictness.

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A new background check requirement for rideshare drivers (Uber/Lyft) in Massachusetts is having serious and unexpected consequences for drivers without a perfect driving record, or with some very minor or old criminal incidents. The standards being applied are extraordinarily strict and include non-conviction continuances, which were never meant to follow you for years or decades.

We’ve had quite a few calls from drivers who are shocked to learn they failed the check and are now out of a job. The Commonwealth has pledged to review every ride-hailing drivers background check under this new standard by April 3, 2017, and follow up with routine rechecks of drivers every six months to catch new incidents.

Governor Baker’s stated goal is to make this strict new checks “the most comprehensive in the country”.

But do they go too far? Are we limiting the ability to get work of people with minor incidents from many years in their past? [Read more…]

Protesting Represents The Finest American Values

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“Dissent is the highest form of patriotism” is a quote probably misattributed to Thomas Jefferson. But citizens fighting against government overreach and injustice in our institutions is essential to who we are as Americans.

The election of President Donald Trump has prompted widespread concerns about his business interest conflicts and his temperament to be President. And now his Muslim travel ban and his many previous outlandish statements suggest a complete disinterest in how our Constitutional government functions differently than the businesses he has operated.
Protesting american flag

Donald Trump’s statements suggest an unprecedented threat to the 1st amendment, (flag burning,  freedom of the press), the 5th amendment (due process) the 8th amendment (torture), the 14th amendment (equal protection)

Protests have broken out across the nation since election day, and are only intensifying post inauguration and beyond. Protesters are legitimately upset and concerned about his abnormalcy, and extremely divisive rhetoric against groups like Mexicans and Muslims, not simply the fact that he won and people disagree with him.

But if we want to win the argument that Trump is an unprecedented threat to the US Constitution, we should do it while waving the American flag, not burning it. [Read more…]

Massachusetts Drone Laws

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A recent announcement by the Federal Aviation Administration has ruled that unmanned aerial vehicles, popularly known as drones, have been categorized as aircraft, which means that these unmanned vehicles must be registered with the FAA and also come under Massachusetts law. Learning about how the new Massachusetts drone laws may affect you could help you avoid legal problems. [Read more…]