Unionized Butler Hospital workers are likely to see their final paychecks arrive Friday if the now seven-day long strike continues. Some now have another expense to handle: A possible $500 fine for allegedly violating one of the city of Providence’s noise ordinances.
A Tuesday press release from the Providence City Council praised the striking workforce for “their commitment to making their voices heard in a way that minimizes disruption for the surrounding neighborhood,” the release read, adding that organizers agreed to “observe quiet hours before 8:00 AM and avoid the use of bullhorns or other noisemakers during that time.”
Yet Providence police issued four summons — three on Monday, and one more on Tuesday — to people demonstrating outside the private psychiatric hospital on Blackstone Boulevard. Josh Estrella, spokesperson for Mayor Brett Smiley, confirmed Wednesday that each fine was for $500.
“While the City recognizes and respects Butler Hospital workers’ right to peacefully and lawfully strike, we have received multiple complaints from neighbors and providers in the area concerned about the excessive levels of noise resulting from this demonstration,” Estrella said.
Three of the fines were for striking workers who used megaphones without a permit, and the other summons was for a motorist who honked when passing the picket line. Estrella said in an email Wednesday night that the four people cited can pay the fine online or choose to contest the fine and get assigned a Municipal Court date.
“Warnings were given to all four individuals prior to issuing the summons and an explanation of the City’s noise ordinance policies was given to the organizers of the demonstration,” Estrella said. “Unfortunately after that engagement, summons were issued following a warning to individuals that were found in continued violation of ordinances in accordance with our standard enforcement practices.”
The city’s actions drew condemnation from Providence Democratic Rep. David Morales, who issued a news release and posted to Bluesky Wednesday morning that the Smiley administration had “chosen to punish” the workers, many of whom reside in Providence. Morales has marched with workers consistently over the course of their seven-day strike.
“This isn’t leadership. It’s intimidation. This is a page out of the MAGA Republican playbook,” Morales wrote.
The city’s noise ordinance permits up to 65 decibels during the daytime and 55 decibels at night in residential zones. Areas bordering schools, churches and hospitals still need to stay under the 65 decibel limit, but violations can be issued for lower volumes considered “unnecessary, excessive or offensive” if “a person of reasonably sensitive hearing” at 200 feet away can hear them.
The Butler campus includes the hospital, elderly housing, and a child care facility.
The open-ended strike began May 15 and the union, SEIU 1199NE, and Care New England, the hospital’s parent company, have yet to return to the negotiating table. The approximately 800 workers — who include mental health staff, nurses, and clerical, custodial and dietary staff — are demanding wage increases and safety reforms after their set of four contracts expired March 31. Both parties last gathered to discuss terms on May 7.
Tensions have not subsided in the week since the strike began. The union announced Thursday that it plans to rally at the Rhode Island State House — for the second time in three days — with photos and testimonies about injuries they received at work.
Jesse Martin, executive vice president of the striking workers’ union SEIU 1199NE, said in a statement Wednesday that workers are exercising their First Amendment rights to “shine a light on the ongoing safety crisis at their facility that impacts workers and patients alike.”
“They take care of all who need support, including those right here in this community,” Martin wrote. “Though it may be slightly inconvenient for some, it is vastly more uncomfortable for Butler workers who are forced to sleep in their cars because of poverty wages or have to take months off of work because they were assaulted at work.”
Steven Brown, executive director of the ACLU of Rhode Island, said in an email Wednesday that the citations misrepresent the municipal code.
“The police are blatantly misleading people by issuing citations that refer to $500 fines,” Brown wrote.
The ordinance outlines penalties of $200 for first-time offenders or $300 for second-time offenders who plead their case, Brown said, citing section 16-106 of the municipal code.
“Somebody who contests the charges in court can be punished with up to a $500 fine. This deceptive tactic is very disturbing,” Brown wrote, bolding the phrase “up to.”
But Estrella said Wednesday night the violations and fines were derived from ordinances about noise from bullhorns and vehicle horns — separate parts of the municipal code, located at sections 16-105 and 16-93, respectively. Of the four people who received summons, one person received three tickets for bullhorn use, categorized in the city code as “amplified sound.” There was one more amplified sound violation for a different person, and two people were ticketed under the “excessive noise” category, Estrella said.
Section 16-106 specifies the fine structure for violations within the entire set of laws on “noise control,” as the municipal code phrases it. Neither 16-93 nor 16-105 specify the fine structure for violations. The section on bullhorns does specify that use of such equipment must be registered at least five days in advance with local police.
Mary E. Marran, Butler’s president and COO, wrote in a statement posted online Monday that striking workers will receive their final paychecks on Friday, May 23, with hospital-sponsored health plans set to expire on June 1. Other benefits like life insurance have already lapsed because of eligibility rules tied to active employment, Marran wrote.
This story was originally published by the Rhode Island Current.
