Meeting law chills dissent, court says; A council can’t bar disorderly conduct, Minn. justices rule

Published 8:44 am Thursday, September 14, 2017

MINNEAPOLIS  — The Minnesota Supreme Court ruled Wednesday that part of a disorderly conduct law that bars people from disturbing public meetings is unconstitutional and violates the First Amendment, a decision that some call a victory for free speech at a time when public dissent is critical.

The ruling comes in the case of a Little Falls woman who was escorted from a City Council meeting in 2013 and charged with disorderly conduct after she refused to sit in the gallery.  The majority found the statute under which Robin Hensel was charged and convicted is unconstitutional because it’s overbroad and can’t be reasonably narrowed.

The justices said there are “countless ways” in which the statue could chill protected speech. They invalidated the law and ordered that Hensel’s conviction be vacated.

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Hensel’s attorney, Kevin Riach, said the ruling was a win for free speech.

“We’re at a time in our history where our democratic norms and values are under attack and it’s critical that people be able to publicly dissent and hold their government accountable,” he said. “This decision takes a tool away from those who would seek to squash that dissent.”

Scott Flaherty, an attorney for the American Civil Liberties Union, said other statutes can be used to address disruptive behavior and this ruling doesn’t legalize the broad interruption of meetings. He also said the decision provides a road map if lawmakers choose to rewrite the law to pass constitutional muster.

Nathan Midolo, an attorney who represented the state, called the ruling disappointing and said its impact is being evaluated.

Hensel has a history of being at odds with Little Falls leaders and sued the city when it forced her to remove signs from her property.

Wednesday’s ruling stems from a 2013 incident at City Hall. Hensel went to a City Council meeting and sat in the public gallery with signs depicting dead and deformed children. She also wore a sign on her head that read: “Speech restricted here.”