Occupy MN and ACLU sue Hennepin County

Categories: Protest News
occupy signs lawsuit.jpg
County commissioners call this clutter; ACLU calls it free speech.
The ACLU has filed a lawsuit on behalf of four members of the Occupy MN movement. The 92-page filing lists Hennepin County, the county commissioners, Sheriff Rich Stanek, and "unnamed" Hennepin County deputies and security officers as defendants.

At the heart of the lawsuit is whether new restrictions being placed on the protesters occupying Hennepin County Government Plaza are a violation of free speech.

"Defendants' conduct and threatened conduct threatens to deprive Plaintiffs
of their rights secured by the First, Fifth and Fourteenth Amendments," the filing reads.

The plaintiffs -- who filed as "Occupy Minneapolis" since there are now several occupy demonstrations going on throughout the state -- are four demonstrators who've been at Government Plaza on and off since the beginning of the movement in October. They include Ben Egerman and Melissa Rowan, both of whom were arrested at previous demonstrations for blocking the streets, North Dakota National Guard member Samuel Richards, and AmeriCorps tutor Benjamin Painter.

The lawsuit lays out numerous problems with Hennepin County's new restrictions on Occupy Minneapolis, in particular the restrictions on sleeping, the removal of signs, and the confiscation of any "unattended" possessions. Previously, county security and sheriff's deputies allowed these types of activities, but the commissioners voted two weeks ago to end their leniency as winter closes in.

occupy sign defense.jpg
Ben Egerman, left, defends a sign from being taken down.
So far, there's been limited enforcement on the county's part, although a tense confrontation did erupt earlier this month when occupiers (including Egerman) physically prevented security from removing their signs.

Although county commissioners have argued that they will be liable for any injuries or illness that occur should the occupiers be allowed to sleep in the plaza indefinitely, the lawsuit answers that the act of "occupying" is in itself a statement that deserves First Amendment protection.

"Those who remain in the Plazas maintain a quiet presence and do not disrupt any nearby road, thoroughfare, business, apartment, or public facility," the lawsuit says. "By remaining on the Plazas, demonstration activities can continue throughout the night and individuals assemble to participate in the free expression of ideas."

ACLU executive director Charles Samuelson says the occupiers are fighting to simply go back to the "status quo," where they are allowed to demonstrate, hang signs, keep tables and possessions, and sleep in the plaza if they choose to. He says the county seems to be acting out of fastidiousness when they should be concentrating on respecting free speech.

"It's messy. The First Amendment is like that and they'd just like to clean it up," he says. "But there hasn't been any violence really. It's been rowdier around First Avenue North on Friday, Saturday night than it is down there."

The case goes before a federal judge in St. Paul tomorrow at 11 a.m., where Samuelson hopes Judge Richard Kyle will issue a restraining order against the county.

Read the whole lawsuit here.

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Kirk the Conservative Jerk
Kirk the Conservative Jerk

YES YES YES!!!!We can finally smoke on government property again.

County employees must be happy that they don't have to leave government property to have a smoke. (despite what the liberal do-gooders in county admin said)


The occupy movements are full of criminals and people with an inability to constructively vent their misplaced frustrations. I say we clean our streets of this mess. Oh, and the ACLU stands for everything that is un-American.


AMEN JJ24861!!! Hey, got any ideas on how to get rid of the blacks and jews while you're at it?

Macho Muchacho
Macho Muchacho

Mention Jesus the Savior, Life, Liberty, Personal Responsibility, Lower Taes, Less Government Intrusion, and Governmental Accountability and that should do it...


Occupy Minnesota already has it covered for the Jews. Some representative from the "let's attempt to economically cripple the only Jewish state on the planet" BDS movement supposedly showed up, and the anti-Semitic WAMM had a presence there.

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