[Mpls] Campaigning in the Parks

[Svattheriver at aol.com]

Dear Peter Ginder, Acting Deputy City Attorney
I am writing to you and to the Minneapolis Issues List Forum to ask for a  
legal opinion about the City's role in prosecuting candidates who campaign in  
Minneapolis Parks.
>From what I have read, the City Attorney is responsible for prosecuting  
violations of  Minneapolis Park and Recreation Board Ordinances.
I would like to campaign in the Parks as an individual running for  Park 
Commissioner. I would have a button or badge identifying who I am as a  candidate 
and would hand out literature and/ or a business card with my contact  
information.
I have applied for a general permit to campaign in the Parks.
 
I have (nicely) asked a Park Police officer if he would  issue a citation to 
me for campaigning in the Park if I did so. I was informed  that he would not 
issue a citation for campaigning. He would ask me to stop  distributing 
literature. If I did not comply, I would be asked to leave the  Park. If I did not 
leave the Park, I would be arrested for  trespassing. 
 
To further complicate this issue, while the Park Board can make rules that  
are not ordinances, I can find no verification that the Board of Commissioners  
has authorized a no campaigning in the Parks rule.
 
There has been selective enforcement of this policy. I am told not to  
campaign in Parks while current Commissioners have done so and are allowed  to do 
so. 
 
I would like your legal opinion about this issue.
I will be campaigning in the Parks, which means this may require a court  
challenge. I will probably come before you on a trespassing charge.
 
From: the City Attorney web site:
 
The Civil Division of the Minneapolis City Attorney's Office  provides legal 
advice to the City's elected officials, the City's departments,  its 
independent boards such as the Minneapolis Public Library and the  Minneapolis 
Community Development Agency, and its commissions such as the  Charter Commission, 
Civil Service Commission and Ethical Practices Board. 
The Civil Division handles all litigation before federal and  state district 
and appellate (appeals) courts and administrative bodies,  including actions 
involving personal injury, civil rights violations,  constitutional issues, 
workers' compensation, personnel and labor relations  matters.
 
I would also note that part of the mission of the City Attorney's  office is 
to limit financial exposure for potential lawsuits and  litigation.
 
Thanks,
Scott Vreeland   Seward
Candidate for Minneapolis Park and Recreation Board District #  3