Last night I finally got the '01 MPRB approved policy on "constitutionally 
protected speech" at the MPRB meeting, and I am less certain of the 
unconstitutionality of the document than I was before I was able to read it 
(always the 
main issue for me). I can't help but think that if the "regulation" was readily 
available to those most likely to become targets of enforcement that the last 
week's events would not have occurred. This might have been as simple as a 
reference to the policy when candidates file to run for office representing 
folks 
in our fair city (nice, good looking, but not exactly honest and above board 
about a few things like this). 

It was explained last night that enforcement of this policy has been going on 
since July of '91 when the sort of speech MPRB wished to regulate was 
recognized by park officials or complained of by others; of course this has 
been 
spotty over the years (not explained last night, but alluded to by some 
commissioners in describing their own campaign activities), but the longest 
serving MPRB 
spoke who spoke (I believe) said that this sort of enforcement existed since 
he came on board but a few years after the regulation went into effect. 

Still, one cannot read the thing and not be embarrassed as a US citizen--we 
can do much better--but as odious as the thing is, it might well be 
constitutional. What I think is really the problem as I stated before, How is 
one to know 
you are enforcing a given regulation fairly if nobody knows about the 
regulation? I have almost no doubt that the offending regulation has been 
selectively 
enforced by MPRB employees over the years for good or ill, so another issue 
here for me, especially given the fact that this issue surfaced because a 
candidate for MPRB was an enforcement target, How can you possibly say there is 
no 
conflict of interest on the part of our parks officials? That is a real 
problem that can be remedied with the resignation of the current Superintendent 
and 
fair enforcement and open disclosure of MPRB regulations to those who might be 
targets of that enforcement. As was stated last night, enforcement targets 
typically find out about the free speech rule only when they break that rule in 
the opinion of a given MPRB staff member or a someone complains of their 
activities to staff; that has been MPRB policy since July of 1991 and that is 
really odious. 

For Dann Dobson: I took no notes, but one motion from Commissioner Marie 
Hauser addressing John Gurbin's actions in the Jason Stone incident failed to 
pass 
(with only her one yes vote, I think). I too look forward to reading the 
accounts of those who provide us MPRB meeting details that happen outside the 
broadcast hours (this one lasted until around 9:30 p.m.). I think the consensus 
on 
Gurbin's actions in the Jason Stone incident was that since he was merely 
enforcing a rule that predated his tenure as superindentent, that he did 
nothing 
wrong per se; of course I disagree. 

One of these days, I hope to find complete minutes of all MPRB meetings on 
their website and available at their offices. I couldn't even find a sign-in 
sheet for the meeting at reception and was told it would be there eventually, 
even looking where Gurban told me it would be (another of my interesting 
encounters that night); as this was my first MPRB meeting, I don't know if this 
was 
SOP. Perhaps someone can tell me if the sign-in sheet for meetings is the same 
as the sign-up sheet for the public testimony section of the agenda; I was also 
intrigued by Chris Johnson's account of the unauthorized change from meeting 
night at four to Monday before the meeting for these speaker sign-ups.

Bill Kahn
Prospect Park 
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