The complaint accuses a woman in Warren of verbally harassing a gay man who lives in the same building.

01:00 AM EDT on Saturday, July 22, 2006

BY EDWARD FITZPATRICK
Journal Staff Writer

PROVIDENCE -- The attorney general's newly formed Office of Civil Rights Advocate pursued its first complaint in court yesterday, accusing a Warren woman of using anti-gay slurs and threatening a fellow tenant who has AIDS.

The civil complaint accuses Theresa R. Deschenes of violating Kenneth W. Potts' rights under the Rhode Island Fair Housing Practices Act by harassing and threatening Potts because of his sexual orientation.

Potts lives on the first floor at 234 Child St., and Deschenes lives on the second floor. The complaint alleges Deschenes has repeatedly used epithets and made threats such as "[expletives] you're dead."

Deschenes and the newly appointed civil-rights advocate, Assistant Attorney General Thomas A. Palombo, appeared before Superior Court Judge Netti C. Vogel yesterday morning and agreed to postpone a preliminary injunction hearing because Deschenes' lawyer was on vacation. Vogel has already issued a temporary restraining order that bars Deschenes from threatening or harassing Potts.

When asked for comment after yesterday's court appearance, Deschenes said, "It was purely anger. It was not intended as what they said it was intended as. I said what I said out of anger."

Last year, the General Assembly passed a bill proposed by Attorney General Patrick C. Lynch to establish the Office of Civil Rights Advocate, and this case marks the advocate's first legal action. Palombo also educates police officers and students about hate crimes and civil rights.

At the courthouse yesterday, Lynch said state prosecutors have taken steps to protect civil rights in the past, but he wanted to formalize the function. He noted prosecutors are already assigned to be advocates in areas such as health care and the environment.

"This area is so very important, and when so many other jurisdictions are doing such good work with civil-rights advocates, I thought it shouldn't be there at the whim of the sitting attorney general," Lynch said.

He said Potts was unable to come to court yesterday because of his health.

"In potentially the last stages of his life, he has to suffer through some cruel woman shooting off her mouth, using venomous, vindictive, insulting language," Lynch said. "Words can be as injurious, on occasion, as physical attacks, particularly in these circumstances."

Also, Lynch said, "This isn't a one-time shot on a bad Saturday night. This is continual, relentless verbal torment."

The attorney general's complaint says Potts moved to 234 Child St. in March and told Deschenes he was gay and had a terminal illness.

"Since March 2006 and continuing to present, Ms. Deschenes has repeatedly made anti-gay, homophobic statements and epithets to Mr. Potts," the complaint states. Also, "Ms. Deschenes has repeatedly threatened physical harm to Mr. Potts, including but not limited to stating, '[expletives] you're dead' and 'watch over your shoulder' and has otherwise interfered with Mr. Potts' quiet use and enjoyment of his apartment."

The complaint says the Warren police have responded to 234 Child St. to handle Potts' complaints against Deschenes and on June 12, Deschenes was charged with disorderly conduct, the complaint states. During the arrest, Deschenes threatened to assault Potts when she was released, the complaint states.

Since the arrest, the police have responded to additional complaints, and Deschenes has pleaded no contest to the disorderly conduct, the complaint states.

Palombo said the First Amendment gives people the freedom to say a lot of things, even if they're insulting and outrageous. But in this case, he said, "We are talking about threats to a person. We have a woman not just calling him [the slur] but saying 'you're dead' and 'wait til I get out.' It's unlawful."

Palombo cited a section of the Fair Housing Practices Act that says, "It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of . . . any right granted or protected by this chapter."

Also, he noted the law creating the civil-rights advocate authorized the attorney general to take legal action whenever anyone "intentionally interferes or threatens to intentionally interfere" with rights secured by the state or federal constitutions and laws. Violations carry civil penalties of up to $5,000. The two sides are to return to court on Friday.

efitzpat@projo.com / (401) 277-7368