cont'd:

I can't pass you a hot dog in a paper boat without a permit according to this 
rule. I can't do many of the things most of us take for granted as rights in 
other parts of this country in Mpls Parks because it purportedly would disturb 
the tranquility park visitors might enjoy otherwise; it was devised to 
further insulate the administration of Mpls Parks. Commissioner Young cites the 
turbulent times that this rule was forged in, but most of our revered documents 
were written in such times; we can have a constitutional abomination of a rule 
if we want it, but most folks don't want it.

We have another "do over" at MPRB to accomplish in the coming years. I think 
it should begin with the resignation of John Gurban, but that is up to him 
and/or the board.

I noticed a colleague from a city committee talking to Chief Johnson of the 
Park Police in the back of the auditorium following her testimony in open time. 
I said hello quietly when they were through and Chief Johnson turned around 
and admonished us both for what he had just moments before been engaging in; 
I'm not sure whether it was Johnson or I who embarrassed her more. Perhaps it 
is 
symptomatic of what MPRB has become. Who is it that they serve? I have 
different ideas about this depending on whom I'm talking to at any given time.

I think Stone's recent point that the regulations are not codified in the 
Parks Ordinance is a valid question, but across the country administrative 
policy 
to implement local laws is not typically available to the public and 
frequently found to be mysterious to the odd citizen who learns of it. This is 
indeed 
the gray area in which MPRB and administrative staff have been hiding for many 
years now and antithetical to the wave of transparency in government cut 
short by 9/11 and our government's response. The next cover we will see MPRB 
and 
staff hiding out in over this particular policy will be antiterrorism, I 
suppose.

The only way I see of determining this question of constitutionality is for 
the ACLU to proceed in the courts against MPRB on Stone's behalf, but it would 
be far preferable for the board to dump Gurban and get us some MPRB laws and 
implementation policy that pass a cursory smell test. Adequately enforcing and 
informing the public of this former stealth regulation is going to cost us 
much more than it is worth, constitutional or not and that's what may have to 
happen this election season. Thank   Gurban and his predecessors, our MPRB and 
theirs, and folks who knew but stood by and did nothing.

Bill Kahn
Prospect Park
"there is nothing divine about morality; it is a purely human affair" 
--Albert Einstein
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