In the case sited below, a private person rented space for a private
function.  However, I would argue this rental agreement does not
extend to the pathways and sidewalks around the rented space.  Nor
does it extend to the tables etc beyond the pavilion that is
reserved.
 
In the issue of the Farmer's Market, the entire issue is that the
offense was done on the sidewalk.  
 
While I don't know the specifics of the lease agreement, I assume
the entire reason for this agreement is to ensure that someone takes
care of vendors needs.  I don't believe this agreement was initiated
by Gerten on anyone else on their own behalf, but in response to a
St. Paul Request for Proposal.  If this is true than the operators
of the farmers' market are doing so as if they were, in fact,
employees of the city.
 
Mike Fratto
Payne Phalen

>>> "Tom & Elsa Thompson" <[EMAIL PROTECTED]> 07/06/2004
12:11:47 PM >>>

"We then said "Great! This is public land, paid for
with public tax dollars,........."And then after we're
arrested and beat the rap, we'll sue you and Mayor
Coleman under 42 USC 1983 which is the Federal Civil
Rights law.""

"Until I am shown that the Farmers Market is private
land, I would tell any candidate or any group with any
issue that they have a right to wander the Farmers'
Market freely and at will. It is disturbing that City
officials appear to be limiting the exercise of Free
Speech under the First Amendment there."


Ok, I have a question or two on this;

If I or someone else rents public property (Como Park Pavillion,
Conservatory, etc) for a wedding, family reunion, company picnic, or
any other private event, I or anyone else can walk into that area
with full first amendment rights and talk politics or hand out
candidate information?  Since this is public land, it really can't
be rented and used for private functions?

Is this the society that we have come to?  In order to show our
political opponents that we can, so we will?

My opinion is that we should respects someone's rights to political
free speech.  At the same time we should respect those who are
trying to do commerce or have a wedding, on public property, to be
able to do so with some rights of privacy.  Just because it is a
commerce oriented function as opposed to a wedding makes the lease
or rental payment no less important to the person having the
function.

Tom Thompson
Como Park







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