Jeff Davis

From:
Sent:
To:
Subject:

Dan McGrath <dan.mcgrath@mnmajority.org>

Friday, September 28, 2012 2:32 PM
'Jeff Davis'
FW: Distribution Site for Campaign Signs

From: Johnson, Sandra [mailto:SJohnson@ci.bloomington.mn.us]

Sent: Thursday, September 27, 2012 3:37 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

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

Sent with Good (www.good.com)

Sandra Johnson Bloomington City Attorney
-----Original Message----From: Dan McGrath [dan.mcgrath@mnmajority.org]
Sent: Thursday, September 27, 2012 03:29 PM Central Standard Time
To: Johnson, Sandra
Cc: Bernhardson, Mark; Keel, Karl; Potts, Jeff; Junker, Doug; Lee, Larry; Sullivan, Anna
Subject: RE: Distribution Site for Campaign Signs
Then Im sorry, Ms. Johnson. It looks like were going to have a problem. What youre demanding isnt legal. You are
attempting to curtail our campaigns and our supporters First Amendment rights.
Ive reviewed the local ordinances and statutes and weve consulted our attorneys. The conclusion is that you have no
grounds on which to bar us from public property (including City Hall). You cannot prohibit political speech on public
property. The very notion that you would attempt to keep us off public streets and sidewalks is so far beyond the pale and
offensive, Im flabbergasted.

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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Sent with Good (www.good.com)

Sandra Johnson Bloomington City Attorney
-----Original Message----From: Dan McGrath [dan.mcgrath@mnmajority.org]
Sent: Thursday, September 27, 2012 12:24 PM Central Standard Time
To: Johnson, Sandra
Subject: RE: Distribution Site for Campaign Signs
Ms. Johnson,
You're an attorney. You should know that it is not the responsibility of
citizens to prove to the government they are not doing anything wrong.
I'm detecting that the City of Bloomington is going to cause us problems and
interfere with the First Amendment rights of Bloomington residents and our
volunteers.
Are we going to have a problem?

Dan McGrath
Minnesota Majority
http://www.minnesotamajority.org

-----Original Message----From: Johnson, Sandra [mailto:SJohnson@ci.bloomington.mn.us]

Sent: Thursday, September 27, 2012 12:02 PM
To: 'dan.mcgrath@mnmajority.org'
Cc: Bernhardson, Mark; Sullivan, Anna; Potts, Jeff; Lewis, Janet; Junker,
Doug
Subject: RE: Distribution Site for Campaign Signs
Mr. McGrath,
Since it appears that you are using Civic Plaza as a landmark for the
distribution of signs, please indicate the precise location from which the
distribution will occur, as well as proof that your group has the permission
of the private property owner for the use of that private property.
Sandra H. Johnson
Bloomington City Attorney
1800 W. Old Shakopee Road
Bloomington, Minnesota 55431
(952) 563-4895
sjohnson@ci.bloomington.mn.us

IMPORTANT: This electronic message contains information from the City

Attorney's Office that is presumptively confidential and, if sent to City
officials, staff or volunteers, may be privileged or otherwise protected
from disclosure. DO NOT FORWARD OR DISSEMINATE THIS EMAIL WITHOUT
PERMISSION. The unauthorized use, distribution, or re-transmission of any
part of this message by an unintended recipient is strictly prohibited
2

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.

-----Original Message----From: Dan McGrath [mailto:dan.mcgrath@mnmajority.org]

Sent: Thursday, September 27, 2012 11:59 AM
To: Johnson, Sandra
Cc: Bernhardson, Mark; Sullivan, Anna; Potts, Jeff; Lewis, Janet; Junker,
Doug
Subject: RE: Distribution Site for Campaign Signs
Ms. Johnson,
As I told you, I already came to an understanding with the city clerk. We're
not trying to rankle any feathers. Our volunteer simply needed a handy
landmark for people to meet him at. We'll be near, but not on city property.
He's already been informed of this.
You seem intent on making something of this that it isn't. Your irrational
overreaction is very telling and I find it fascinating. Maybe the press
would, too?
Since you're invoking the police, maybe we should be sure to have some
reporters on hand to protect our volunteer from harassment. Our campaign has
been victim to harassment and obstruction by petty city bureaucrats before.

Dan McGrath
Minnesota Majority
http://www.minnesotamajority.org

-----Original Message----From: Johnson, Sandra [mailto:SJohnson@ci.bloomington.mn.us]

Sent: Thursday, September 27, 2012 10:28 AM
To: 'dan.mcgrath@mnmajority.org'
Cc: Bernhardson, Mark; Sullivan, Anna; Potts, Jeff; Lewis, Janet; Junker,
Doug
Subject: RE: Distribution Site for Campaign Signs
Thank you for your cooperation. Nonetheless, police have been alerted to
make certain that there is no illegal use of City property.
Sandra H. Johnson
Bloomington City Attorney
1800 W. Old Shakopee Road
Bloomington, Minnesota 55431
(952) 563-4895
sjohnson@ci.bloomington.mn.us

IMPORTANT: This electronic message contains information from the City

Attorney's Office that is presumptively confidential and, if sent to City
officials, staff or volunteers, may be privileged or otherwise protected
from disclosure. DO NOT FORWARD OR DISSEMINATE THIS EMAIL WITHOUT
PERMISSION. The unauthorized use, distribution, or re-transmission of any
part of this message by an unintended recipient is strictly prohibited
and may be a violation of law. If you are not the intended recipient of
3

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

-----Original Message----From: sjohnson@ci.bloomington.mn.us [mailto:sjohnson@ci.bloomington.mn.us]

Sent: Thursday, September 27, 2012 8:23 AM
To: dan.mcgrath@minnesotamajority.org
Subject: Distribution Site for Campaign Signs
Dear Chairman McGrath:
The City of Bloomington learned yesterday that Bloomington Civic Plaza
located at 1800 West Old Shakopee Road was listed as a distribution site for
campaign signs by ProtectMyVote Committee endorsing Vote Yes on Voter ID.
You were contacted by a staff member and informed that Bloomington Civic
Plaza is public property and a polling place for absentee voting. Therefore,
it is legally impermissible for this site be used for the distribution or
display of campaign materials.

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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issue. Not only would this constitute an implicit endorsement of your

political cause, but the free use of this property might constitute a
campaign contribution subject to campaign finance reporting requirements
under Minn. Stat. Chap. 211A. Abrahamson v. St. Louis County School
District, ISD 2142, Minn. S. Ct. A10-2162 (August 10, 2012). For these
reasons you will not be allowed any use of the property for the purpose of
your political cause. The City of Bloomington is a public entity and
endeavors to remain neutral and impartial on political issues.
In conclusion, the City appreciates your cooperation in these matters and
urges you to find a new location for the distribution of campaign lawn
signs.
Sincerely,
Sandra H. Johnson
City Attorney
SHJ:aks
Cc:

Mayor and City Council

City Manager
Police Chief