Archive for the ‘First Amendment’ Category

Other Opinion: Stiffen law for protests that go too far – Brainerd Dispatch

The legislations intent, just like it was in 2018 and last year, isnt to stifle anyones First Amendment rights to free speech or to peaceably assemble. Rather, the Minnesota Senates proposed Worker Safety and Energy Security Act is all about stiffening fines and other penalties when protesting goes too far.

In other words, the measure is meant to curb attempts to close pipeline valves, break into facilities, immobilize construction equipment, and other criminal activity carried out in the name of protest but that actually jeopardize the safety of workers and the public. Scary incidents have occurred at electrical-transmission routes, along oil pipelines, and at pipeline-construction sites. Incidents in or near the Minnesota cities of Clearbrook and Grand Rapids have made headlines in recent years.

Dangerous acts of vandalism are likely to only increase with Enbridges Line 3 Replacement Project and PolyMets copper-nickel mine both inching closer to reality here in Northeastern Minnesota.

We need to do what we can to build some of these additional precautions and different things into place for the construction season, Sen. Paul Utke, R-Park Rapids and the chief author of SF3230, said in an interview this week with the News Tribune Opinion page.

Were trying to be a step ahead and have pieces in place that will give law enforcement and our legal system a few more tools in their toolbox to handle these people who are breaking the law. We (want to) try to keep our workers and everybody else safe, he said. Its not stepping out of bounds. Its just basically reinforcing laws we currently have, but in todays society sometimes weve got to move them up the stepladder a rung or two to make sure people take them seriously.

Under the proposed law, violations would become felonies, and penalties would be increased to not more than five years in jail and/or a $10,000 fine for criminal trespass and not more than seven years and/or $20,000 for damage to property. Additionally, anyone training perpetrators in the performance of criminal acts could be held liable under the measure.

The bill needs to be written tightly enough so lawyers who simply advise environmental groups or column writers who favor nonviolent protest and others wouldnt inadvertently also be able to be charged with felonies. Imposing collective guilt isnt good policy and, encouragingly, isnt the intent. Neither is infringing on anyones right to peaceably and lawfully protest. The bill cant be written in any way that would hamper anyones freedom of expression.

A similar bill passed both the state House and Senate in 2018, only to be vetoed by Gov. Mark Dayton. A bill last year was removed unexpectedly during the sessions closing moments, according to Utke.

For the safety of workers and worksites in Minnesota, the bill, written tightly enough to avoid overreach or the infringement on anyones First Amendment rights, can reach the finish line this legislative session.

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Other Opinion: Stiffen law for protests that go too far - Brainerd Dispatch

Mass gatherings of 100 or more are banned in Ohio because of coronavirus. So why can people still go to churc – cleveland.com

CLEVELAND, Ohio Sports games, concerts, festivals and parades are all affected by Ohios order banning mass gatherings of 100 or more people to combat the spreading coronavirus.

So why not churches, synagogues, mosques and other religious institutions? What makes a group of worshippers less likely to spread the illness than fans and audience members?

The order, signed Thursday by Health Director Dr. Amy Acton after the state has seen five confirmed cases of the coronavirus, specifically says it does not apply to and/or excludes religious gatherings, gatherings for the purpose of the expression of First Amendment protected speech, weddings and funerals.

In other words, the health director and her boss, Ohio Gov. Mike DeWine, clearly carved out an exception for free speech.

DeWine spokesman Dan Tierney said the governor is a strong supporter of the First Amendment and that religious gatherings clearly fall under that category. He noted that the governor has implored people to use their best judgment about other free-speech-related large gatherings including for two canceled rallies that Democratic presidential candidates were set to hold Tuesday in Cleveland but stopped short of telling the organizers and attendees what to do.

Regardless of how strong the First Amendment is, however, it is not absolute. The government can step in and prevent affected partisan and religious gatherings if it has a legitimate interest in protecting, say, the health of the public.

Andrew Geronimo, a fellow at Case Western Reserve University School of Law that specializes in the First Amendment, said the government would have to show, potentially in court, that it has a compelling reason to ban an event that is not based on the content of the speech itself.

In other words, officials would have to show that they arent taking action because of how a group worships, but rather because its the best way to protect the group and other citizens. While its possible Ohio could successfully make that argument, Geronimo said it appears that the state is being somewhat defensive about the religious rights portion.

Indeed, other states that issued orders regarding events with large groups did not include religious exceptions.

Oregon Gov. Kate Brown issued an order Thursday banning gatherings of 250 people or more. Among the events her order bans are faith-based gatherings.

An order issued in New York that limits mass gatherings also affects houses of worship, according to Syracuse.com.

Instead, DeWine is hoping that worshipers of all faiths, as well as their religious leaders, take his advice and think through whether its necessary to attend a service in person when the risk of catching and spreading the coronavirus is high.

At least some are heeding the governors words. The Diocese of Cleveland announced Thursday that it is canceling Masses scheduled for St. Patricks Day. The cancelations came the same day the Catholic Bishops of Ohio issued a letter that said they dispense their parishioners from attending Sunday Mass for the next three weekends.

Out of charity and concern for our brothers and sisters in Christ, we encourage all the faithful, in particular those who are sick, experiencing symptoms of illness, or are at risk of illness seriously to consider refraining from Mass attendance, the letter reads.

Read more:

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Mass gatherings of 100 or more are banned in Ohio because of coronavirus. So why can people still go to churc - cleveland.com

Here is an update from the Galion City Health Department relating to COVID-19 – Galion Inquirer

The Galion City Health Department has been working closely with city, county, and state officials to monitor the ongoing situation with COVID-19 (Coronavirus).

We want the public to know that contingency planning has been occurring at the local level with our safety forces and community partners like our healthcare system, schools and businesses.

Ohio Governor Mike DeWine issued several executive orders on March 12. A ban on any gathering of 100 people or more, including at auditoriums, stadiums, arenas, large conference rooms, meeting halls, theaters, or any other confined indoor or outdoor space. This also includes parades, fairs, and festivals.

The order does not apply to typical office environments, restaurants, factories, or grocery stores. It also doesnt apply to religious gatherings or gatherings for the purpose of exercising First Amendment protected speech.

It is however the recommendation of the Galion City Health Department to limit any non-essential exposure to these types of locations. It is necessary that any individual exhibiting signs and symptoms do not present to these types of locations in order to protect the health and safety of the community.

In addition, all K-12 schools in the state will go on extended spring break. Galion City Schools and St Josephs Catholic School- Galion will begin this extended break on Monday, March 16, through at least April 3.

Visitation at nursing homes and assisted living facilities will no longer be allowed. The purpose of these measures is to reduce and delay the spread of the virus, and to prevent hospitals and physician offices from being overwhelmed with patients.

Life will be different during these restrictions. We all need to be more aware of our personal hygiene and take precautions. Recommended practices: wash your hands more frequently, avoid handshakes, try to stay at least 6 feet away from others, and perform enhanced cleaning of commonly touched surfaces at home. We are unclear how long restrictions may need to be in place.

We encourage you to plan for your daily needs: food, water, medications, and any other essentials for your daily life. If you do experience fever or lower respiratory symptoms such as cough and shortness of breath, DO NOT go to the Emergency Room. Contact your physician or go to an Urgent Care or Walk-In Clinic. Call your physician, Urgent Care, or Walk-In Clinic ahead of your arrival to ensure that their staff are able to wear the proper protective equipment. DO NOT go to public locations either.

Not everyone will meet the criteria to be tested for COVID-19 (Coronavirus). Health care workers may need to first rule out other respiratory illnesses, due to the limited number of test kits available.

For more information, the Ohio Department of Health has a 24-hour call center that may be reached at 1-833-4-ASK-ODH (1-833-427-5634). You may also visit http://www.coronavirus.ohio.gov. Galion City Health Department has also created a survey to help address questions; you can access the survey at https://www.surveymonkey.com/r/GalionCOVID-19

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Here is an update from the Galion City Health Department relating to COVID-19 - Galion Inquirer

In praise of good governance and good relationships – MinnPost

Recently I attended the Minnesota Indian Affairs Council Meeting (MIACM). That meeting, which convened the elected tribal leaders of the 11 Dakota and Anishinaabe nations in Minnesota, is quarterly and is also a time when Native governments meet with state agencies within the state government. What I saw made me proud to be in Minnesota today. Thats because agencies were talking to tribal governments collectively, giving updates on programs that concern Dakota and Anishinaabe people and reporting on collaborations. Thats the way things should work. After all, we all drink the same water, breathe the same air, so we should talk.

While Gov. Tim Walzs administration is working hard to repair past relationships with tribes, some counties, particularly Mille Lacs County and pro-pipeline state representatives, are doing the opposite trying to divide us. In particular, a recent reaffirmation of Mille Lacs reservation boundaries by Minnesota Attorney General Keith Ellison displeased some county officials in the deep north, and HF 2241 and SF 2011 would in fact criminalize water protectors, making it a felony to exercise First Amendment rights.

Its best to work together for good governance and good community. Tribal and state agencies interact all the time, from tribal licensing to natural resource management, gaming compacts and health and human services. The fact is that we are all intending to work for the collective good of the people who live here, omaa akiing, here on this land. I want to thank Walz and Lt. Gov. Peggy Flanagan for strengthening these bonds.

At the Minnesota Indian Affairs Council (MIAC), Flanagan met with the tribes, followed by representatives from every state agency, in a remarkable show of cooperation and good governance. A very regal retired Minnesota Supreme Court Justice Alan Page shared with the tribes his charity work; Wayzeytawin and other traditional Dakota women came to talk about land that they had been able to get returned to the Dakota people. They also asked for support from the MIAC to secure an exemption from state building codes for indigenous housing and building structures. All good work.

The Minnesota Indian Affairs Council also unanimously passed a resolution opposing HF 2241 and SF 2011, which would increase penalties for protests near pipelines andcritical public service facilities. Called the anti-protest bill, this legislation mirrors similar legislation (the anti-rioting act) that South Dakotas governor signed in 2019, only to have the federal court overturn the law as unconstitutional. In a concerted effort, the fossil fuel industry put these bills into rapid circulation, often using the Koch-funded American Legislative Exchange Council (ALEC). Koch, Marathon Petroleum, Enbridge, and their trade associations lobbied for similar bills in Illinois, Iowa, Ohio, Texas, and Wisconsin. The Wisconsin bill passed.

In total, Enbridge, Koch, Marathon Petroleum, their subsidiaries, and their trade associations have spent a combined $17,473,500 in 2017 and 2018 to influence the Minnesota government. The 17 co-sponsors of HF 2241 and SF 2011 received a total of $25,285 in political contributions from oil, gas, electric utility, and railroad companies. Each of these industries is named in the bills definitions of critical public service facility, pipeline, or utility. The bills pose serious threats to First Amendment rights.

Its not that the Ojibwe and people of Minnesota have not tried every recourse to make Minnesota government work for the people here, not a Canadian corporation. More than 68,000 people came out and testified against the proposed Enbridge Line 3 pipeline vs. only just over 3,000 supporters for the project. Yet the Minnesota PUC in early February once again approved all the permits for Line 3, forcing the tribes and citizens of Minnesota once again to revert to the courts and hope for the best.

In the meantime, this past month two major pipeline projects did not move ahead. The New York Constitution Pipeline was canceled, and the Jordan Cove Pipeline is on the regulatory rocks. Perhaps more significant is the ongoing opposition to the Coastal Gaslink Pipeline in British Columbia, facing major opposition by tribal people, and blockades across Canada on the rails. Finally, the single largest new proposed tar sands mine project the TECK Frontier Mine died in late February; TECK Resources pulled the plug on the project, referring to climate change and economics as the justification.

In the meantime, some things change and some do not. A hundred years ago, Knute Nelsons politics ruled the state. Thats to say that Nelson was first a senator and then the l2th governor of Minnesota. Hes most well known for promoting the Nelson Act of l889, which was intended to force all the Anishinaabe to White Earth, and also to allot the lands. As former Mille Lacs Tribal DNR commissioner and historian Don Wedll explains, Knute Nelson used political power to amass fortunes, protect fortunes, and to undermine Anishinaabe people. Thats the old Minnesota politic. That politic continued for almost a century and involved economic, education, political, legal, and regulatory discrimination.

Honor the Earth

Winona LaDuke

Walz and Ellison reaffirmed the boundaries of the Mille Lacs reservation in late February, acknowledging decades of state policy and regulatory authority. In the meantime, Mille Lacs County refuses to cooperate with the Mille Lacs band on many issues, most particularly law enforcement, and the lack of coordination has frankly created a nightmare.

The countys lack of cooperation means that a number of non-Native individuals have come onto the reservation in recent years, often peddling dangerous drugs, and the Mille Lacs band has been unable to arrest those individuals, while the county has essentially stood by. As opioid deaths continue to rise in the north, it would really be time to cooperate. Instead, it appears that Mille Lacs County is digging in, with Traci LeBrun, the editor of the Mille Lacs Messenger, noting in an editorial,Without meeting with the officials of Mille Lacs County, Gov. Walz chose to support Minnesota Attorney General Keith Ellisons official opinion regarding the disputed boundaries of the Mille Lacs Band of Ojibwe Reservation. Not only did Gov. Walz not meet with county officials, as they have been requesting for months, but he chose to drive right past the Mille Lacs Historic Courthouse located just blocks off of Hwy. 169 and proceed to the recent State of the Band Address.

Instead, one might note that this governor for the first time is making a clear effort to work with the tribal citizens upon whose land Minnesota is built. In the meantime, Mille Lacs County Attorney Randy Thompson (a former member of the anti-Indian organization PERM, and later an attorney for Enbridge) continues to rage against tribal laws and people, most recently, misinterpreting the decision in the Todd Thompson Gull Lake fishing case. In short, the intent is not reconciliation and cooperation, its new Indian Wars.

At the close of the day, we are all pretty closely related and we certainly drink the same water and breathe the same air. I am grateful to the Walz administration for a willingness to work with the tribal governments. The time of Knute Nelson is over; the time of Walz and Flanagan is here.

Author, speaker and First Nations leader Winona LaDuke is the co-founder and executive director of Honor The Earth, a Minnesota-based environmental justice organization led by indigenous women, dedicated to protecting indigenous homelands and resources, and empowering communities with energy independence through renewables.

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In praise of good governance and good relationships - MinnPost

The Bands Who Are Refusing to Let Coronavirus Stop Their Tours – Ultimate Classic Rock

While the coronavirus pandemic has shut down live musicall over the world, two acts, psychobilly's Reverend Horton Heat and Scottish punk legends the Exploited are remaining on the road.

Heat, whose given name is Jim Heath, wrote on Facebook, "Reverend Horton Heat is not cancelling any gigs because of Covid-19. Any gigs that are cancelled will be because the promoters cancelled. I encourage everyone who lives in a jurisdiction where local governments are restricting rock and roll to push back. Write emails and call your local government agencies to remind them that we have the right to assembly. They cant stop rock and roll!"

In the comments, many fans criticized his decision, calling it "dumb," "wrong" and "irresponsible." Heath has been responding to them with his justifications. "Its dumb to panic to the point of giving up your first amendment right of assembly," he wrote to one. "Dont be a sheeple to authoritarian government. A lot of younger bands and one music legend have texted me to say thanks for the post. My band and crew have mouths to feed, rent and taxes. They also have a first amendment right to assembly."

Manyother responses by Heath follow along the same line, that there are people in his organization that are financially dependent on him.

"Fuck coronavirus!" as Walter "Wattie" Buchan, the Exploited's longtime frontman, was quoted as saying on the Facebook page of DRW Entertainment. "I have had five heart attacks a quad heart bypass and a heart pace maker fitted. Cancel gigs for a virus? We aint fucking Green Day piss - We are the real deal. No danger will we be cancelling our upcoming gigs."

The 62-year-old, who suffered one of those heart attacks on stage in Portugal in 2014, then referenced the title of his band's 1981 debut album, "Punks Not Dead!"

The Exploited began their tour of New Zealand and Australia last night in Auckland. Horton Heat has a solo show tonight in Tampa, with numerous dates still scheduled between March 28 and May 7.

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The Bands Who Are Refusing to Let Coronavirus Stop Their Tours - Ultimate Classic Rock