Judge to rule on Mall of America’s request to keep protesters away
But the mall’s bid to get the court to dictate in advance what organizers couldn’t say – and what they must say – was far more suspect, McGeveran and Levine said.
Last Christmas season, a “Black Lives Matter” demonstration disrupted the Mall of America and led to criminal charges against a number of protesters.
However, the five other people specified in the request, along with the Black Lives Matter Minneapolis group, are not included in the restraining order.
Organizers for Black Lives Matter say the demonstration scheduled for 1 p.m. on Wednesday will go on as planned.
Black Lives Matter said the mall was trying to bar free speech “on its premises despite receiving hundreds of millions of dollars of taxpayer subsidies which it has used to appropriate the traditional public forum in service of its own corporate profit”.
“The Court does not have a sufficient basis to issue an injunction as to Black Lives Matters or to unidentified persons who may be acting as its agents or in active concert with the Black Lives Matters movement”, she wrote. The mall is also demanding that each of the organizers immediately announce on social media that the protest is cancelled. The organizers’ attorney argued during a Monday hearing that those demands were clearly unconstitutional.
On Tuesday afternoon, Janisch cited existing precedent that the mall is private property and that it may exercise its “rights of possession and control over their private property to exclude from their private property political demonstrators”.
Gaertner said Tuesday she was pleased with the ruling. The mall is technically private property and doesn’t allow demonstrations. Deputy Bloomington Police Chief Denis Otterness declined to discuss any additional security measures the mall may put in place Wednesday.
The three are Michael McDowell, Miski Noor and Kandace Montgomery. They also want to ramp up the pressure on investigators to release video of the shooting. The shooting is now being investigated by state and federal authorities.
“We are a leader-full organization”.
“Basically, you have to be sort of inciting a riot”, she said.
The mall hopes to avoid a repeat of a huge demonstration last December that forced stores to close. Dozens of people were arrested. Police have said he was shot during a struggle, but some say Clark was handcuffed.
Protest organizers are seeking a special prosecutor to be appointed in Clark’s death rather than have a grand jury decide whether to charge the officers involved in his death.
The planned protest is tied to the death of Jamar Clark, a 24-year old black man who was shot and killed by a police officer last month.
Protesters hoist a sign reading “black lives matter” as they demonstrate in New York City.