Grand Old Days of Impeachment

Office of Police Chief John M. Harrington,
367 Grove Street
Saint Paul, MN 55101

Chief Harrington,

I was handing out leaflets during the Grand Old Day celebration on Sunday, June 4th, 2006 and was ordered to stop doing so at approximately 1:45 p.m. by a representative of The Grand Avenue Business Association (GABA).
I politely explained that what I was doing was a Constitutionally-protected act and resumed.
The St. Paul Police were called and two officers approached me, one male and one female at approximately 2:15 p.m. and ordered me to cease and desist. I again respectfully explained that what I was doing was a Constitutionally-protected act. I asked the officers twice if I would be arrested if I continued and it was made clear that I would be.
Not wanting to be placed under arrest, whether rightfully or wrongfully, I stopped handing out the leaflets and stayed in the area only long enough to locate the supervising officer and get his badge number (#105) after the other two officers had left the scene.

I have consulted with American Civil Liberties Union Legal Counsel Ms. Teresa Nelson, J.D. and she agrees with us that I was wholly within my rights because:

a). I was on public property.
b). I was exercising my United States Constitutionally-protected First Amendment right to Freedom of Speech and Freedom of Expression in a public place.
c). Because Grand Old Day is open to the public, The Grand Avenue Business Association (GABA) has no “exclusive use” right to the public property utilized for the event and therefore standard St. Paul City ordinances would apply, which must accede to the U.S. Constitution.
d). I was alone and therefore could not be considered part of a protest by any definition so I would need no permit to distribute leaflets in a public place.
e). My choice of clothing/costume is also protected by the First Amendment of the U.S. Constitution as free expression.
f). The expression of my political opinions as I handed out leaflets is also protected by the First Amendment of the U.S. Constitution as free expression.
g). I was not blocking nor hindering any pedestrian traffic by my actions, nor was I using any vulgarity, nor was I screaming nor doing any other thing that could be defined as a “public disturbance” or “public nuisance”.
h). I acquired a copy of Department of Police – St. Paul permit #06-047 filed with the City of St. Paul for the use of the area by GABA which has no “exclusive use” clause but alternately states: “RESTRICTIONS: Standard city ordinance: Yes”.
i). I broke no laws nor violated any ordinances of the City of St. Paul, the State of Minnesota nor those of the United States of America, which is not under martial law as of the writing of this letter.

I firmly believe that my Rights as a U.S. citizen have been violated by both a representative of the Grand Avenue Business Association as well as by two officers of the St. Paul Police Department. I respectfully ask that you reply to this letter in writing within seven (7) days of it’s postmark, either:

a). Explaining the legal basis and authority by which the two St. Paul Police officers demanded I cease my public expression. Please include the St. Paul City ordinance I violated and/or any “exclusive use” limitations the Grand Avenue Business Association claims during the Grand Old Day celebration.

or

b). Apologizing to me for violating my rights as a U. S. citizen and as a tax-paying resident of St. Paul, acknowledging that in doing so, I was caused to suffer a degree of pain and suffering, acknowledging that my First Amendment rights were compromised by your officers, and acknowledging every American citizen’s Constitutionally-protected Right to do what I was doing and my right to do it again in the future under similar circumstances.

Our further actions from this point forward are contingent on your response to this letter, but please be advised that Ms. Nelson has agreed to continue consulting us concerning our options in this case.
Respectfully,
Jodin Morey Date 9/11/2006