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@GovTimWalz @MayorFrey @MayorCarter @AGEllison
I say this as respectfully as possible. Please understand that it is unconstitutional to impose a city wide curfew in response to an isolated incident. If you want these curfew orders to be unconstitutional, you need to narrowly
I say this as respectfully as possible. Please understand that it is unconstitutional to impose a city wide curfew in response to an isolated incident. If you want these curfew orders to be unconstitutional, you need to narrowly
tailor the geographic region to ensure you are not burdening substantially more first amendment activities than is necessary to protect the public.
Seattle managed to do this in the midst of the WTO riots in 1999, so I know you can do it too. See Menotti v City of Seattle,
Seattle managed to do this in the midst of the WTO riots in 1999, so I know you can do it too. See Menotti v City of Seattle,
409 F.3D 1113, 1117-18 (9th Cir. 2005).
Order and public safety is good! But it doesn’t justify preventing peaceable assemblies by persons who want to protest police violence in every city street and sidewalk, which are traditionally the sort of public fora most immune from
Order and public safety is good! But it doesn’t justify preventing peaceable assemblies by persons who want to protest police violence in every city street and sidewalk, which are traditionally the sort of public fora most immune from
time, place, or manner restrictions.
I get it. Yesterday you had looting in certain areas. So, rather than burdening everyone’s speech rights, identify the most affected areas and map out a restricted zone where a curfew is in effect. That would be narrowly tailored even if it
I get it. Yesterday you had looting in certain areas. So, rather than burdening everyone’s speech rights, identify the most affected areas and map out a restricted zone where a curfew is in effect. That would be narrowly tailored even if it
covered a large area. In Menotti, the restricted area constituted multiple square miles which was fine based on the circumstances. Minneapolis, by itself, however, is 58 square miles and the vast majority of the city is unaffected by any sort of civil disturbances, which brings
me to my next point.
Curfew violations and unlawful assemblies are not equal to “civil disturbances,” which you need to make clear to LEOs as soon as possible. While some unlawful assemblies certainly constitute civil disturbances, LEOs enforcing curfew orders tend to take an
Curfew violations and unlawful assemblies are not equal to “civil disturbances,” which you need to make clear to LEOs as soon as possible. While some unlawful assemblies certainly constitute civil disturbances, LEOs enforcing curfew orders tend to take an
expansive view of what constitutes a civil disturbance.
LEOs are only permitted to use less lethals and chemical munitions when a civil disturbance is factually afoot. The MPD Use of Force Policy 5-303(A) defines “civil disturbance” as “a gathering of assembly THAT BECOMES
LEOs are only permitted to use less lethals and chemical munitions when a civil disturbance is factually afoot. The MPD Use of Force Policy 5-303(A) defines “civil disturbance” as “a gathering of assembly THAT BECOMES
VIOLENT OR INVOLVES A COLLECTIVE THREAT OF IMMINENT VIOLENCE.” (caps added).
Simply congregating on public property, even when that public property is a police station, does not inherently involve a collective threat of violence.
When Minneapolis burned last May, it was
Simply congregating on public property, even when that public property is a police station, does not inherently involve a collective threat of violence.
When Minneapolis burned last May, it was
because police responded to mass PEACEFUL demonstrations protesting police brutality with heavy handed tactics. In so doing, police simultaneously proved the protesters’ points while fueling the rage of the masses.
@MinneapolisPD have shown that they completely lack any skills
@MinneapolisPD have shown that they completely lack any skills
in de-escalation, so you really should think twice about mobilizing them and giving them broad enforcement powers of a legally dubious curfew order. I’m not sure if you’ve noticed, but serious problems typically don’t arise until police put on their riot gear and attempt to gain
control over the situation. When the tear gas and 40mm rounds start coming out, people start getting hurt. When people start getting hurt, they and the people around them start getting angry. When people get angry en masse, things can get dangerous.
At the end of the day, you need to realize one thing: police shot another black man to death without justification; if you prevent people from protesting that heinous act, your justification for doing so (preserve public health and safety) is going to appear to be a pretextual
justification for a content-based restriction on speech.
I’m letting you know this because I’m trying to help you do your jobs more effectively while also permitting protesters to do their job by holding Brooklyn Center police accountable for race-based policing and murder.
I’m letting you know this because I’m trying to help you do your jobs more effectively while also permitting protesters to do their job by holding Brooklyn Center police accountable for race-based policing and murder.
