Legalectric

In Massachusetts, a case has come down supporting a person’s right to be rude in seeking redress from government:

Keep in mind this is Massachusetts, but we had something similar in Minnesota, after Robin Hensel was hauled out of a Little Falls City Council meeting:

This Minnesota opinion so concerned Red Wing’s former police chief Pohlman that he initiated Ordinance 115, designed to give police additional power to remove people from City Council meetings, even after consulting with the County Attorney (hmmmm, why?) who said it was not necessary, not needed. What was Pohlman trying to do? Why? What was he afraid of?

Red Wing’s Ordinance #115 – Why?

Here’s the letter I’d written then:

Ordinance #115 – disruptions at Council meetings?

Monday night, the Council took up Ordinance #115, triggered by the recent Minnesota Supreme Court’s Hensel decision. That decision held that the law defining conduct that “disturbs an assembly or meeting, not unlawful in its character” as disorderly conduct was unconstitutional, “a serious overbreadth problem.” Here, the City has decided to consider an ordinance of its own with language that puts the City on the wrong side of the law. Why would the City want to do this?

The discussion was good – I’m grateful members raised Constitutional issues, the 1^st Amendment, and its broad definitions. One said “We’d instructed staff after we got information,” the City Attorney had been instructed to draft the ordinance. “We were asked to address this.” By whom? It’s not gone through committee process. The packet’s item 9B was a memo from Roger Pohlman, Chief of Police, requesting a Motion to introduce the Ordinance.  Councilor Hove noted that there haven’t been disruptions for years, since back when the Council met upstairs! Others, including the City Attorney, noted that in addition to city policy, there is applicable law. Only part of the disorderly conduct statute (Minn. Stat. 609.72) was held unconstitutional, and parts remain, including “engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.”

Why use Council time on this non-issue, particularly where the City has policies in place regarding disruption? What was most concerning were Chief Pohlman’s reasons for requesting this ordinance.  First, he noted that police use of force practices limit what level of force may be used, and “if individual becomes passive, resistant” this ordinance was back up to use force to remove someone. He raised this issue of level of force twice. The other claimed justification was liability issues if someone claims injury when removed, that it’s “difficult to use policy to support our case.” This is an issue?

As Alan Muller was quoted in your article, “people disrupt meetings — people behave aggressively — when they feel that behaving politely and with restraint isn’t working.” Council President Biese cut off Muller’s statement just as he was finishing!  In my own experience, I’ve been shushed by Biese for objecting when my Ash Mining clients had no opportunity to speak before the Council approved that scheme. I’ve also been ordered removed from a St. Croix Falls/Taylors Falls joint Council meeting by then Mayor Lundgren for merely asking a question, raising a financial corruption issue, in a public comment period.  Lundgren was later charged and plead guilty to Theft and Misconduct in Office. Sometimes being heard requires standing up.

A primary outcome of the Red Wing Citizens Assembly was recognition that the City Council needs to be welcoming, transparent, that the Council must listen to citizens, and welcome public engagement. Ordinance #115 is a visible step in the opposite direction

Carol A. Overland

Last night’s Red Wing City Council meeting (here on youtube, (Agenda Item 10C starts ~2:22) was a display of Council President Biese, Council members Kliewer and Farrar, and Mayor Wilson’s inability to “read the room” in putting forth a proposal to eliminate public comment for those participating virtually, people like MOI who often comment and show up virtually, and to make the “Statement of Intent” optional.

In the bEagle:

Virtual public comment discussion divided council

What these folks did was meet in secret, a meeting with no notice, not public, and developed Resolution 7852. They tried to claim that it was an Agenda Committee meeting, FALSE! It was NOT an Agenda meeting. Thankfully Kay Kuhlman, Council Admin, did correct that false statement for the record, noting it was separate from the properly noticed “Agenda Committee” meeting, it was NOT an “Agenda Committee” meeting. GOOD, except Kuhlman DID participate in that private, secret, meeting. And nevermind that the purpose of an “Agenda Meeting” is to set the agenda, not to go over Council Rules & Procedures and rewrite them!

Here’s the “Statement of Intent” that they want to make optional:

Apparently some have a problem with, and do not “agree to treat everyone with courtesy, dignity, and respect.” And that they “will listen to all sides of an issue, encourage participation…” yeah, obviously some have a problem with that…

Big thanks to, in order of appearance, Patricia Allende De Jung, Martha Harris, Alan Muller, Terri Cook, and MOI, who spoke against adoption of these changes.

CLICK HERE FOR LINK, Agenda Item 10C begins at ~2:23. Oh, great… the video is screwed up on the City’s page. Until then, this youtube.

The other day, while hanging out over pizza, REAL pizza, at the DNREC park where we used to run the doggies…

MOV00166 – At Delaware City Park

MOV00165 – At Delaware City Park

MOV00164 – At Delaware City Park

MOV00163 – At Delaware City Park

MOV00162 – At Delaware City Park – check Ken running!

MOV00161 – At Delaware City Park – Look at them go!

And now they want to wreck this park with an RV parking lot.

I realized yesterday that I’d not posted about this dreadful idea:

Here’s the powerpoint with the “preliminary plan” from August, 2019. There’s no final plan in the Delaware City Council’s Agenda or Minutes.

Blue Water’s Proposed 422-Site Del. Proj. Receives OK

Delaware City Council okays controversial RV campground near Fort DuPont State Park

Given the water table, I cannot imagine what they intend to do with the sewage from that many sites.

Despite that approval, I don’t see any sign of construction starting. There were dump trucks up and down the road, but they went to the C&D canal and then headed east!

There’s a lot to be said for taking a “Time Out!” First trip of the year was up to Tettegouche for solstice, and it was too crowded and people were uniformly non-observent of COVID precautions. After that, we declined two camp hosting gigs, no way was I up for dealing with people and cleaning and stocking bathrooms in that situation.

I am on several camping lists, one of which is the North Dakota State Parks, which sends out a list of weekend sites available. Little Missouri State Park ALWAYS had sites. It looked interesting, was a horse camp with 2 assigned corrals for each site (!) so I called, and horses aren’t required. So I grabbed the best site starting after Labor Day – 13e!

Sunset, right? Well, it is that time, but that’s an oil well flare. The campground was surrounded by oil wells (satellite view here).

North Dakota oil production on the upswing again but may plateau this fall

Some nights, they were audible, both a sound like a jet taking off and a very high pitched whistle. That was countered by the coyotes yipping and howling at sunset and an hour before sunrise.

Little Sadie loves to travel, and she’s learned to be cool around strangers and wildlife.

We took a trip to Theodore Roosevelt National Park, South Unit one day, North Unit the next. Campgrounds are closed at both. From the looks of it, the wildlife is benefiting from not having people around.

The picnic ground was FULL of buffalo!

The buffalo walking along the road found a snake, and stomped it but didn’t kill it, and they took turns checking it out, the snake opened its mouth wide, hissing, they’d dance away, and come around again for a look-see. It was as if it was bison school, to learn how to recognize danger and what to do about it.

From their main page, with… ALAN!! Linked below:

Breakfast with ‘Friends’: Who will Minnesota voters choose on Super Tuesday?

Here’s another clip:

Breakfast with Friends – longer clip

The guy asked Alan what broadcast media he relied on, and Alan told him we don’t have a TV and that he’s never seen their show before. Yeah, that says it all!