Dan Dobson beat me to the punch in raising an important point about civil liberties in 
this community, specifically with regard to how the response to Operation Rescue was 
handled by the city back in the 1980s when OR was trying to shut down Planned 
Parenthood on Ford Parkway. As much as I might despise the tactics of that 
organization, as much as I might disagree with their viewpoint, they have a right to 
express it. They had a right to be on the sidewalk protesting, and they should have 
been permitted to allow themselves to get arrested by blocking the clinic entrance if 
they so chose. That's, in part, how the Vietnam War came to an end, because people 
were allowed to disrupt the government, tie up police resources in getting arrested, 
and get leaders to start rethinking just what we were doing over there. 

So when I see how little outrage occurred in St. Paul over the tactics used to thwart 
Operation Rescue, how there seemed to be not a word from the left or the abortion 
rights folks about the manner in which an unpopular group was being dealt with, I 
began thinking about how the tactics might someday be used against the left. Which is 
exactly what has been happening in this country and around the globe the past five 
years or so. Whenever the president travels, law abiding citizens who want to express 
their displeasure with his administration are kept miles away. Ditto for WTO events, 
GATT conferences, etc. Everywhere it's now seen as a legitimate government response to 
rope protestors off far from where they can confront the targets of their protest, 
leading to a minimal impact. Think we'd ever get out of Vietnam in this day and age 
with how the police dealt with protestors in Seattle, Miami, Genoa, etc.? 

But, to keep this on topic, I'd argue that the attempt by the Farmer's Market to 
exclude political groups from their "premises" is a microcosm of this phenomenon. Lots 
of petty bullies are being produced who think they know the law (even when they may 
not), who think they can decide who does and doesn't have the right to be in the 
public square. Quite honestly, any group that would be there to solicit folks, 
distribute literature, etc., will likely do so respectfully, if for no other reason 
than it's just bad from to be rude and expect somebody to care about your message. I 
suspect that the canvassers weren't being impolite, just spreading a viewpoint that 
some people didn't like. What the head of the Farmer's Market should have said is that 
"as long as they're being polite, they're free to be here." But instead, he chose to 
create an issue that I suspect is more reflective of his political views than any 
desire to keep the FM free of politics.

As Paul Wellstone once said, saying hello to someone is a political act. The ruling 
regarding the rights of groups to protest at the Mall of America was a poor one, 
especially given the public investment in that structure, but I suppose there's enough 
of a private nature to that indoor behemoth that the court found a way to justify its 
ruling. But I don't think the Farmer's Market comes anywhere near to meeting that 
test, and how they might choose to interpret their lease with the city doesn't mean 
they're correct or even right. 

If someone doesn't want to risk coming in contact with an unpopular opinion, they 
should stay at home. If you don't want to be in the public square, shop at Cub or 
Rainbow or Kowalski's. But I think the people own the space that created the Farmer's 
Market, and if that can be altered by the whims of a few select folks, then St. Paul 
is far worse off than I thought.

Tom Goldstein
Mac-Groveland

----- Original Message ----- 
From: "Dan Dobson" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Thursday, July 08, 2004 4:25 PM
Subject: [StPaul] Re: Stpaul Digest, Vol 7, Issue 17

Paul asks the question how I would feel if the people at the Farmer's Market were 
Republicans or Pro-Lifers and the answer is very easy. I would fully support their 
right to be there. I am a First Amendment absolutist.

Just a bit of history, back in the late 1980's I sued Pro-Life Action Ministries and  
141 of their supporters for blocking Midwest Health Center for Women and preventing 
people from entering their clinic. However, I fully supported their right to be on the 
sidewalk in front of the clinic, so long as they did not block the entrance. 

Later, when Pro-Life Action Ministries announced "Operation Rescue style" activities 
in the Twin Cities, the City of Saint Paul built a fence in front of Planned 
Parenthood on Ford Parkway, totally preventing anti-abortion protesters even on the 
same side of the street. Even though I had sued this same group, less than a year 
earlier I supported their right to peacefully protest in front of PP, as long as they 
did not block access. 

I even gave a deposition in favor of Pro-Life Action Ministries in their case against 
the City and said I thought their First Amendment Rights were violated.

Thus I still maintain that any group, any politician should have the right to gather 
at Taste of Minnesota or the Farmer's Market to petition, speak, and politic. Renting 
the land does not abolish the First Amendment.

I find it disturbing that so many people here seem so ready to exclude people from 
public land. What's next, people saying people can't politic on Grand Old Days because 
GABA (Grand Avenue Business Assoc.) has use of the streets, or banning politicing on 
St. Patrick's Day.
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