10:33 AM EST on Thursday, February 19, 2004

BY MICHAEL CORKERY
Journal Staff Writer

Knowing what he knows now, John Van Deusen would not have gone to The Station nightclub that night.

If he had known, for instance, about the flammable foam on the walls or the lack of sprinklers, Van Deusen, 40, would have stayed home. Instead, he spent almost three months in Rhode Island Hospital, burned over 40 percent of his body and unable to use his hands.

"I don't think anyone would have gone," Van Deusen said. "It's like saying there is a fire-breathing dragon, let's go play with it."

Like most people, Van Deusen learned about the problems at The Station from the press, which has spent much of the past year trying to determine the conditions inside the nightclub on Feb. 20, 2003.

It took much wrangling by The Providence Journal to obtain documents, revealing, among other things, that town fire inspectors repeatedly missed the flammable foam in the club.

Still today -- a year after the fire that killed 100 people and injured 200 others -- officials have not released some records.

Editor's note: Governor Carcieri has proposed legislation that some experts believe would impose limits on how Rhode Islanders exercise the five freedoms guaranteed by the First Amendment to the U.S. Constitution. The Providence Journal today explores how the state's citizens use these freedoms daily.

Carcieri's bill shocks constitutional scholars

Organized public protests a cornerstone of American democracy

Restrictions on records would hamper press

Educators are asking who's to say what can be said?

In post-9/11 America, tolerance takes on a special value

R.I. Supreme Court will rule on effort to silence those with grievances

Digital Extra: Read the full text of Governor Carcieri's proposed legislation relating to homeland security

Governor Carcieri's homeland security proposal could make it even more difficult for reporters -- or the public -- to assess building safety.

Under the proposal, business owners or owners of multi-family houses could withhold from public view whether they have "fire protection equipment and mandatory building emergency equipment" required under the state fire code.

Constitutional experts say the ability to scrutinize this kind of information is at the heart of a free press, guaranteed by the First Amendment.

"It's not a coincidence that the founding fathers established a free press at the same time they established the new nation," said Ken Paulson, executive director of the First Amendment Center, with offices in Nashville, Tenn., and Arlington, Va. "The concern was that those in power would abuse those privileges."

The First Amendment does not explicitly guarantee reporters access to government information relating to public safety. But Paulson said that the First Amendment was written with the idea that the press should serve as a government watch dog.

Over the years, the courts and some state legislatures have recognized that opening government records to the public helps the press fulfill its watchdog role.

Carcieri's bill is aimed at preventing terrorists from using information about ventilation systems and floor plans to mount an attack.

"It cuts both ways," Paulson said. "A public record can reveal vulnerability but it can also lead to addressing that vulnerability.

Journal file photo / Mary Murphy SEEKING INFORMATION: Reporters press Attorney General Patrick C. Lynch on Feb. 24, 2003, for information concerning The Station nightclub fire, in which 100 people were killed. The Journal eventually went to court to gain release of some information.

"In a society where neither journalists nor terrorists have this information, where is the incentive for government to quickly address the shortcomings in public safety."

Carcieri's bill would allow for the disclosure of safety information after a fire or disaster has occurred.

After The Station fire, obtaining that information proved difficult, under existing laws.

The only documents town officials would release the day after the fire was the nightclub owners' applications for liquor licenses, which included some fire inspection reports.

It took a Superior Court appearance to persuade the town to release more records including building permits, fire inspections and police reports relating to The Station site.

"We have been able to get some of the information on a piecemeal basis over the past year," said The Journal's lawyer, Joseph V. Cavanagh Jr. "Compliance with state regulations on fire safety is a matter of public interest. All of that should be public."

The Journal continues to argue for the release of additional emergency dispatch records that night and police and fire department investigations since the fire. Cavanagh said oral arguments in that case are expected to begin within the next month.

Diane Mattera, who lost her daughter, Tammy Mattera-Housa in the fire, and argued successfully for strengthening the state fire code, was baffled by Carcieri's proposal yesterday.

"How can I feel safe? I lost one child. I don't want to lose any more children or grandchildren," Mattera said. "I want to be able to check into whether there are exit signs, whether the doors are a certain width."

"If he blocks this on us, there will be another disaster just waiting because we won't be able to find out."