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Sent:
To:
Subject:
Please have your attorney call me. Bottom line your group cannot use any portion of Civic Plaza including its
sidewalks and ROW. The law is correctly cited in my initial letter. My cell is 651 373 4197
Dan McGrath
Minnesota Majority
http://www.minnesotamajority.org
From: Johnson, Sandra [mailto:SJohnson@ci.bloomington.mn.us]
Sent: Thursday, September 27, 2012 3:04 PM
To: 'dan.mcgrath@mnmajority.org'
Cc: Bernhardson, Mark; Keel, Karl; Potts, Jeff; Junker, Doug; Lee, Larry; Sullivan, Anna
Subject: RE: Distribution Site for Campaign Signs
There will be no trouble so long as your group does not use City property (and that includes the right of way
and sidewalks) for your political campaign. And that you only use private property with permission.
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Dan McGrath
Minnesota Majority
http://www.minnesotamajority.org
and may be a violation of law. If you are not the intended recipient of
this e-mail, please contact the sender immediately and delete all copies.
Dan McGrath
Minnesota Majority
http://www.minnesotamajority.org
this e-mail, please contact the sender immediately and delete all copies.
-----Original Message----From: Dan McGrath [mailto:dan.mcgrath@minnesotamajority.org]
Sent: Thursday, September 27, 2012 10:05 AM
To: Johnson, Sandra
Subject: RE: Distribution Site for Campaign Signs
Dear Ms. Johnson,
I spoke with the city clerk already and agreed to keep the vehicle off city
property. This email seems like a bit of an overreaction. Surely you (and
the mayor and the city council and the chief of police) have better things
to do with your time.
Some of your legal rationale doesn't hold water, but as I said, we aren't
going to be on your precious blacktop, so that's irrelevant.
Regards,
Dan McGrath
Minnesota Majority
http://www.minnesotamajority.org
Even if Civic Plaza were not a polling place, the City has the authority to
restrict use of its parking lot by members of the public. Government
ownership of property does not automatically open that property to
unfettered public use. U.S. v. Kokinda, 497 U.S. 720 (1990), citing, U.S.
Postal Service v. Council of Greenburgh Civic Assns., 453 U.S. 114, 129
(1981). The dedicated purpose of the Civic Plaza parking lots is to serve
the parking needs of the employees and members of the public using the
facility. Any private use of the property that interferes with that purpose
can be prohibited.
Moreover, it is well established law that the actions of the government in
controlling property owned and operated by it are subject to a lower level
of First Amendment scrutiny than when it is acting as a regulator, licenser
or lawmaker. While the government acting in its proprietary capacity does
not enjoy absolute exemption from First Amendment constraints, as does a
private business, its restriction on the use of its property is legally
permissible so long as the restriction is reasonable, and not arbitrary and
capricious. Id. In this case, the City has a rational basis for
disallowing any use of its Civic Plaza parking lot to facilitate a partisan
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