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Investigation sought

01:00 AM EDT on Thursday, March 13, 2008

By Karen Lee Ziner

Journal Staff Writer

PROVIDENCE — A national Latino clergy leader yesterday called on the state to “investigate immediately” a storeowner’s demand to see the Social Security card of one or both of two Spanish-speaking customers, and his subsequent threat to call immigration authorities and make “a citizen’s arrest.”

The storeowner, David C. Richardson, said he did so out of his belief that “the majority of people — more than 51 percent” who do not speak English in Rhode Island “are here illegally,” and it is his right as an American citizen to take action if he believes someone is an illegal immigrant.

The March 1 encounter between Richardson, owner of Rhode Island Refrigeration, and state worker José A. Genao and his friend, was the subject of a story in yesterday’s Providence Journal and the paper’s Web site, projo.com.

Genao told The Journal that he and his friend — who declined comment — are natives of the Dominican Republic and U.S. citizens. Genao said that after he asked Richardson, in English, for a part at his plumbing supply store, he and his friend spoke Spanish to one another while Richardson was looking for the part.

Genao said Richardson then asked to see “a Social Security card,” lifted the phone receiver and said he could “call ICE [Immigration and Customs Enforcement] at any time.” Richardson verified much of that account, but said he asked only Genao’s friend for a Social Security card, because he did not appear to be able to speak English.

In response, the Rev. Miguel Rivera, head of the National Latino Clergy and Christian Leaders and the Rev. Eliseo Nogueras, the group’s New England vice president and head of the Hispanic Pastors Association of Rhode Island, held a news conference yesterday outside Richardson’s store.

They asked that law enforcement authorities pursue possible criminal or civil charges against Richardson for committing “a hate crime” and violating the men’s civil rights.

Three dozen Latino evangelical pastors from Rhode Island and Massachusetts joined them, along with Ramon Martinez, president of the advocacy group Progreso Latino. Mr. Rivera, who flew in from Washington, D.C., for the conference, said his group represents more than 16,000 churches in 34 states.

Mr. Rivera and Mr. Nogueras called the incident “racial stereotyping,” a “hate crime” and “vigilantism.” In part, they blamed the failure of Congress to enact comprehensive immigration reform for spurring incidents nationwide of citizens — including Richardson — who try to take immigration law into their own hands.

The clergymen said if they fail to get either legal satisfaction or Richardson’s written apology, they will stage religious vigils outside his store until they shut his business down.

“We will close this place. We will bring hundreds of people that will be outside in the street … We are going to touch him where he is going to suffer, in his pocket,” said Mr. Rivera.

Michael Healey, spokesman for Attorney General Patrick C. Lynch, said the department’s civil-rights unit is “prepared to respond if called upon.” Healey said it would be up to the clergy organization “to involve us by filing a complaint” and encouraged Genao and/or his friend to speak with investigators.

“Obviously, stereotyping is stupid and offensive and we are troubled by what we’ve read,” said Healey. At the very least, he said, Genao and his friend “were treated rudely and probably even inhumanely.”

After the news conference, Richardson said, “If I have broken any law, I will apologize for that.”

“I’ll step back a little bit until somebody proves I did something illegally. If I did, I’ll have to face the penalties because we do have laws in this country and I’ve never broken one,” Richardson said. “Maybe I’ve gotten a ticket or two, but I haven’t meant to break laws.” He extended an invitation for Latino clergy leaders to speak with him.

He also said, “I didn’t intimidate anyone,” but if someone felt intimidated, “I apologize.” Richardson said he was also “not too disturbed” by the group’s vow to hold vigils outside his business.

In a phone interview, Genao, who did not attend the news conference, yesterday repeated that his sole intention was “to educate people about what was going on.” He had not considered a lawsuit.

“I didn’t know there was going to be such an impact,” said Genao, after hearing media accounts of the news conference. “So far I’m pleased with it, because maybe that will stop for so many people just like this gentleman — to stop racial profiling of other innocent people.”

Genao said earlier that his friend had encouraged him to leave Richardson’s store and ignore the incident, but Genao said, “I didn’t want to let it go.” He said he told Richardson he was “ashamed for his ignorance.”

Genao said yesterday that while it might be considered rude to speak only in Spanish in front of someone, “in this circumstance, this wasn’t rude.” When Richardson went to look for the plumbing supply, “that’s when I started talking to my friend in Spanish, and he [Richardson] heard me.”

Regardless, said Genao, “We have to take into the fact that it’s a store where they have to provide customer service. Like I said before, all he had to do was say, ‘Thank you, and come and shop again.’ ”

Mr. Nogueras expressed concern that such actions “can turn into something a lot bigger and a lot more dangerous. Because these two individuals were singled out as illegal immigrants — why? Because they speak Spanish? Because the color of their skin is brown? I don’t know.”

“We seem to have given license to anyone who wants to share their beliefs and their prejudices and saying that it is OK if it’s towards Hispanic people. And we are here today to say as the church and as the moral conscience of this state, that this is not acceptable behavior,” said Mr. Nogueras. “We do not need people taking it upon themselves to arrest people because they think they’re illegal … We cannot stand by and tolerate these type of actions.”

Rivera and Nogueras also called upon Rhode Island legislators to leave immigration legislation in the hands of Congress.

kziner@projo.com

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