Anoka teacher accused of harassing student sues state human rights department
Here’s a story I wrote for the Minnesota Independent:
Anoka teacher accused of harassing student sues state human rights department
By ANNA PRATT 11/17/09 5:18 PM
Anoka-Hennepin School District 11 teacher Diane Cleveland filed a lawsuit against the Minnesota Department of Human Rights(MDHR) in Ramsey County District Court Monday, alleging that earlier this summer it wrongly disclosed that she had been accused of harassing a student over his perceived sexual orientation.
Cleveland and another teacher, Walter Filson, who worked at theSecondary Technical Education Program (STEP), which gives 11th and 12th graders the opportunity to receive college credit, allegedly made jokes, comments and innuendos about former student Alex Merritt’s supposed sexual orientation. The teachers were put on unpaid leave, while the case, which received plenty of media attention and public outcry, concluded with a $25,000 settlement agreement in August 2009 between the district and Jodi Merritt, Alex’s mother.
The 28-page complaint (pdf) against the human rights department, which states that she was “portrayed in a negative fashion,” contends that MDHR violated some parts of theMinnesota Human Rights Act (363A.01 et. al.) and the Minnesota Government Data Practices Act, Chapter 13, when it printed her name online and provided the summary investigation, which names her, to the Star Tribune.
Cleveland’s attorney, Philip Villaume, said the case centers on her right to privacy. “The law is complicated, but the allegations are simple,” he said.
In the original complaint Cleveland wasn’t a respondent but a witness, so the department “did not have the right to use her name … It violated the confidentiality part of the settlement.”
The original charging documents don’t mention her by name and she was never interviewed by MDHR. That she’s a public employee doesn’t factor into it, he said.
Villaume declined to comment about why the other teacher isn’t a plaintiff in the case, whom he added he doesn’t represent. A press release from Villaume’s office states: “Plaintiff stresses that this action has absolutely nothing to do with the minor child’s complaint filed with the MDHR, only the release of private data by the MDHR.”
Cleveland wants a restraining order and an injunction “restraining the Defendant from publishing her name on their website or dissemination of any information relating to the Plaintiff effective until a trial on the merits of this case,” according to the complaint. She’s also seeking $50,000 in damages, including lost wages, anxiety, humiliation, pain, suffering, mental anguish attorneys’ fees and more.
Jeff Holman, spokesman for the state human rights department, passed on a response from MDHR legal affairs manager, Michael K. Browne, who said that the department acted lawfully under the Minnesota Human Rights Act.
“The Commissioner has a duty to eliminate discrimination through education,” he said, adding that she has the authority to choose the most effective means. “The Department publishes information on closed cases and settlement agreements on its web site, as it did in this case, to fulfill its legislative mandate to educate Minnesotans about their rights and responsibilities under the Act.”
Further, under the law, he said, information is public once a case is closed. MDHR is required to release certain documents upon request.
“The charge included the names of those involved, including teacher Diane Cleveland; refusing to release the charge, or withholding any part of it, would potentially violate the Act,” he said.
Local data practices expert Donald Gemberling said the human rights commissioner has some latitude in releasing information for educational purposes, “showing people how to not get into trouble with the Human Rights Act,” he said.
But he’s unsure if it’s ever been tested.
“The fact that someone is not a respondent is an interesting argument,” he said, adding that it seems well within the department’s authority to do what it did. Sometimes settlement agreements include a provision for confidentiality, but it has no legal effect. “Settlements are public if they involve government entities,” he said.
Many aspects of the data practices law are black and white, but how information about public employees gets handled is murkier. It’s unclear how information flowed from the school district to the state department. Normally, when a department has some leeway in instances like this, “the judge favors the department,” Gemberling said.
Ward 5 City Council race: Candidates seek “change” for the North Side
My TC Daily Planet story, below:
Ward 5 City Council race: Candidates seek “change” for the North Side
BY ANNA PRATT, TC DAILY PLANET
October 22, 2009
A handful of years ago, Minneapolis Councilman Don Samuels had no intention of running for office. He worked from home designing toys, but neighbors pressed him, saying, “We’re not getting any attention. The community is falling apart, with gunshots every night. This is crazy. Don’t they care? Please go to City Hall and try to make a difference,” he told the audience at the recent city council debate in North Minneapolis’s Fifth Ward.
DFL-backed Samuels, who has four challengers, believes that he has made a positive difference on the North Side, which he says is in an era of “change,” the night’s buzzword, while others called for new leadership.
Despite such differences in opinion, the debate, which took place on the thrust stage of the historic Capri Theater on October 13, was surprisingly drama-free. Candidates spoke passionately and at times criticized the current City Council and Samuels, but not with the same level of intensity that has characterized so many other ward meetings. Five people are eyeing the council seat, as a result of the city’s newly installed Instant Runoff Voting system, which lets voters pick their first, second and third-place candidates, as MPR explains here. Previously, a primary election would’ve whittled down the competition.
Each candidate had two minutes to respond to questions, which centered on revitalization of the impoverished North Side, in addition to citywide challenges, such as the budget, schools, taxes and public safety. The forum drew more than 100 people, including state Rep. Bobby Joe Champion, mayoral candidate Al Flowers and Fourth Ward candidate Marcus Harcus.
A new era for the North Side
Samuels emphasized redevelopments that have taken place on the North Side under his watch, some of which have garnered national attention. The recently rehabbed Capri, where in 1979 pop icon Prince debuted “represents the new direction the North Side is moving in … and momentum for change,” he said.
West Broadway Avenue has the only commercial district in the country that is “unabated by the foreclosure crisis or the downturn in our economy, which is the worst since the Great Depression,” he said. Millions of dollars are already planned to go to heal foreclosures and seed redevelopment on the North Side. In Heritage Park, two developments, including a new senior wellness center and senior housing facility, will be a boon to the local economy. “We will get dollars coming to us no matter what the economic environment is,” he expressed with emotion.
He also touted dramatic reductions in crime. This year, there are 75 fewer homicides in the area compared to when he stepped into office in 2006, which saves the city millions of dollars. About $3 million goes to reacting to every homicide, he said. To prevent police brutality, he supported the purchase of video cameras and tasers containing video cameras, which record what officers are up to. Samuels said he believes that Police Chief Tim Dolan, who has fired more officers in two years than both of his predecessors, is doing a good job, despite “a few significant mistakes. He’s trying to balance the unions and the community,” he said.
Former City Council member Natalie Johnson-Lee, who was defeated by Samuels in 2005 after he was redistricted from the third ward to the fifth was previously endorsed by the Green Party and is returning to the race as a Democrat. Johnson-Lee, who is the executive director of Minnesota African /African-American Tobacco Education Network, doesn’t support Chief Dolan, but she agreed that officers who act out need to be fired.
Highlighting her experience living and working in the community, she claimed that she would be an advocate for the North Side. To get more funding, she suggested looking to the federal government, enforcing minority contracting goals and distributing tax resources equitably. She said she would work with city departments to identify expenses that could be slashed.
To address the racial achievement gap in schools, children need to be encouraged to pursue post-secondary education opportunities. Johnson-Lee, who is considered to be the only major challenger to Samuels, according to MPR, said she’s not re-entering the race lightly and is willing to speak her mind. She told the crowd that she stands for justice. “It’s your seat. I’ve seen what others have done. They sit in the seat and it becomes their seat,” she said.
‘Gimme my money’
Lennie Chism, an owner of commercial and residential real estate, also a Democrat, again and again made the point that small business, which he said built up the North Side, has been ignored in favor of growth in other parts of the city.
He wants to stop corruption in City Hall, which he claimed has stymied change on the North Side. In his view, the community needs to reclaim tax dollars. Dramatically he said, “I’m a voice. I’m different. I’m going in there and asking, gimme my money,” which elicited audience applause.
Chism, it’s worth noting here, is facing theft and domestic assault charges stemming from incidents with his girlfriend, Monika Shannon, who has also obtained a restraining order against him, as the Star Tribune reported. In the Star Tribune story, Chism said he had been set up by Shannon, who he called a “scorned woman.”
Chism blamed Samuels for the number of condemned houses being torn down on the North Side, describing it as a land-grab. He also held him responsible for development projects that don’t hire enough minority men who need to feed their families. (He didn’t mention female breadwinners.)
Chastising Samuels for a rhetorical comment he made in 2007 about burning down North High School, he remarked, “Someone wanted to burn down North High School,” he said. “If I said I wanted to burn down Eden Prairie or Wayzata [high schools], I’d have to go. We’re being told we can’t even have a building.”
Samuels responded that he has apologized over and over for the statement that was made in a heat of passion. As a demonstration of his care and concern, he forged a partnership between North High School and Coloplast, a medical company that made its headquarters this year in North Minneapolis, netting 800 jobs, he said.
Looking for a chance to lead
Democrat Kenya McKnight, who works for the Northside Economic Development Network, which expands existing efforts to develop new businesses by bringing together the resources of area organizations, according to its Web site, said she has been active on social and economic justice fronts.
She claimed that her youthfulness – she’s 32 – wouldn’t be a hindrance and that young people need to be given a chance to lead and not just be assistants. “We need to let young people design what their future looks like, with your support, guidance and wisdom,” she said, claiming that she ran a successful youth entrepreneur program this summer.
In answer to several questions, she repeatedly brought up that the police department and City Council have lost taxpayer money in various legal settlements. She wants to bring back former Police Chief William McManus, who took a job in 2006 leading the San Antonio, Texas police department.
Community members need to be informed and involved so that they can hold the city accountable, she said. In regards to balancing the budget, she acknowledged that she doesn’t have ready solutions. “I’m only getting a great deal of experience balancing my own fiscal life,” she said.
Roger Smithrud, who works in the Star Tribune’s mailroom, has support from the Independence Party and Republicans. Smithrud, who previously ran for the state House, hadn’t filed a campaign finance report as of October 18, nor had Chism, according to online Hennepin County records and McKnight was reportedly late doing so (required for campaigns that spend $100 or more).
Smithrud said he’s running because he believes that some of his neighbors have been unfairly targeted by city inspections, forcing them to move out. He thinks that many of the condemned houses that have been scheduled for demolition are restorable and could be beneficial to the community. Also, he sympathizes with those who are having a hard time making ends meet.
Veering off-topic at times, he often found himself searching for words and apologized for losing track of questions. About closing the achievement gap, he called for new ways of teaching, trailing off with, “It takes a town to raise a child, or a city. It takes a group of people. I can’t remember the old phrase.”
At the end of the forum, four of the candidates declined to offer a second choice for City Council under the belief that it would be self-defeating under the new system to do so. Johnson-Lee said, however, said she’d throw her support behind McKnight, who she has helped train as a leader, asserting, “I’m a person of my word.”
Samuels, however, had the last word, which seemed to effectively wrap up the circumstances on the North Side: “If we want developers and contractors to come in and do justice in our community, we’ve got to be diplomatic and fair and strong,” he said. “That’s the kind of leadership this community needs.”
Minneapolis mayoral candidate Al Flowers files lawsuit, denies having pot
My story in the TC Daily Planet, below:
Minneapolis mayoral candidate Al Flowers files lawsuit, denies having pot
BY ANNA PRATT, TC DAILY PLANET
October 11, 2009
Minneapolis mayoral candidate Al Flowers filed a lawsuit in Hennepin County on Wednesday, Oct. 7, alleging that authorities set him up when he was recently cited for marijuana possession in conjunction with a search warrant investigation at a Crips gang member’s Edina home. He denies having pot, saying that cops on the scene construed it that way, while also stealing property from him and violating his constitutional rights.
In the 11-page complaint, he goes so far as to question the validity of the search warrant, because of the role of a confidential reliable informant (CRI) in the investigation, criticizing them as “criminals themselves” who often provide bad information. Further, he says the court schedule won’t permit him to clear his name before the November election.
Flowers, who is one of 10 people running against Mayor R.T. Rybak, was present when the Hennepin County Violent Offenders Taskforce (VOTF) conducted a surprise search warrant at the Edina home of Crips gang member Brandon Michael Wilson at 7:45 a.m. on Sept. 23, according to the warrant and Hennepin County Sheriff’s spokesperson, Lisa Kiava, who said she couldn’t comment on pending litigation.
According to the warrant, and the county sheriff’s office, Wilson had been selling cocaine and large amounts of marijuana. It also states that he’d been arrested seven times for narcotics violations, mostly crack cocaine, including sale to an undercover officer. Wilson had also been arrested once for a handgun-involved assault, it continues, and four times for domestic assault. A Dakota County complaint separately shows two pending fifth-degree felony drug charges against Wilson.
Wilson was arrested and booked in the Hennepin County jail based on “probable cause” for weapons violations, Kiava said. In Flowers’ case, she said that the courts would decide whether to fine him. State statute dictates that the fine could run from $128 to $300, but it fluctuates, Kiava explained, adding that the amount could be less. As for the circumstances surrounding Flowers being “physically there,” when VOTF executed the warrant at the home, she said she didn’t have any other details about his relationship with Wilson. “[Flowers] wasn’t the target of the search,” said Kiava.
At the home, officers found mailings for Flowers, along with his wallet, ID and an advertisement for him, according to the warrant receipt. (A baggie with marijuana “blunts” was found in the same bedroom as one of the mailings, it states.) Other baggies of marijuana, miscellaneous gang photos, a handgun, digital gram scale, $860 cash and more, was listed.
In his press release and complaint, which names Hennepin County Deputy Erik Fleck, Deputy Matt Lunde, Sergeant Joe Poidinger and five John Does, Flowers claims that officers took from him $240 and a laptop computer, but didn’t inventory that. “Law enforcement likely assumed the laptop computer contained campaign information. Law enforcement had no legitimate need for the laptop computer, or the Mayoral campaign information, or the $240,” the complaint reads.
He also states that he was ordered to put down his cell phone and that it was later “”found” in a certain room in order to support the implication that he was somehow connected to the marijuana.” Earlier this week, Flowers, who describes himself on his Web site as a community activist, father and small business owner, characterized the event as politically motivated, saying in another press release that “‘opponents of change’ would use every tactic under the sun to discredit our campaign and silence the many citizens who are demanding more from status quo politicians.”
In the press release, Flowers, who wants his property returned and $50,000-plus in damages, says that he’s suffered various forms of harassment, including the citation and having his home condemned, because he’s “running for Mayor on a platform of truth, and reform of law enforcement and other government.” The Star Tribune recently reported that Flowers paid $468.98 fine on a past-due water bill at the Southwest Minneapolis home he rented, which lifted a city condemnation order.
The Star Tribune adds that in 1999, he pleaded guilty to possessing a small amount of marijuana. His attorney is Jill Clark, who has represented him in other lawsuits, including against the city of Minneapolis and Councilman Don Samuels, as the Minnesota Independent mentions.
Calling these latest actions a smear campaign, he states, “with over 60 percent of us having some sort of trumped up charges filed against us by the police during our lifetimes, none of us would be able to enter the home of any friend or family member for fear of having some guilt-by-association accusation hurled at us by the police and drive-by media.”
Developing affordable housing strategies along the Central Corridor
Developing affordable housing strategies along the Central Corridor
BY ANNA PRATT, TC DAILY PLANET
September 29, 2009
The city of St. Paul is trying to “manage growth and change” that is expected to arise from the future Central Corridor Light Rail transit line, Nancy Homans, policy director to Mayor Coleman, told a group that gathered as part of a monthly discussion series hosted by the Center for Urban and Regional Affairs at the University of Minnesota on Friday, September 18.
Maintaining affordable housing along the nearly $1 billion line that will link Minneapolis and St. Paul is a priority, but opinions on how to do so vary, Homans said. Some people advocate for a hands-off approach, she explained, adding that they theorize that “public investment is enough and the market will do the rest,” she said.
Others say it’s the other way around, and that without planning ahead, “opportunities could be lost…It’s a free enterprise debate as well as a government spending debate,” she commented.
Data on the subject is mixed, Homans said, and it’s tough to predict to what extent the line will bring market changes, especially in light of the economic downturn. Construction of the line, which will run down University Avenue, is supposed to begin in the summer of 2010. Meanwhile, some people still aren’t convinced that light rail is the right transit system for the region, a point one attendee at the meeting made, adding that streetcars would be more ideal. Homans said the city’s response to the affordable housing question and others needs to be specific and targeted to different communities, or what she called “areas of stability” and “areas of change.”
Some affordable housing proponents see land banking, or accumulating property now, either by the city or a nonprofit as an answer, as long as there are provisions for affordable housing. What kind of financial incentive might be created to enforce it is up in the air. Another suggestion, according to a recent MPR report, is to have the city’s zoning code require developers to build affordable housing in exchange for high density projects. In turn, high density development might help keep housing costs down. As it is, developers that get city funding have to meet affordable goals, Homans said. “But what happens if this takes off and developers don’t need city funding?”
Recently, the city received a $2 million loan from the state to address some of these things, but it is also grappling with a $20 million shortfall. The MPR story goes on to say that one land bank, called the nonprofit Family Housing Fund, has already sprung up. Currently the city is working with a number of community partners, including a coalition for affordable housing and it has hired consultants to help determine the best course of action. It’s tricky, but “People are pulling together to come up with a common vision and a development investment strategy,” said Homans.
Nieeta Presley, Executive Director of Aurora/St. Anthony Neighborhood Development Corporation in St. Paul, underscored that the city needs to ensure that current residents, many who are low-income, aren’t priced out of the area. The corridor needs to accommodate people “who don’t have the best options…to be able to stay instead of getting shuffled to poorer neighborhoods…and have great access to transit,” she said.
Some people may want to relocate within the neighborhood. “For some folks, home ownership is the only way to pass along wealth. That’s important to them, especially seniors,” she said.
She agreed that land banking is a good idea, adding that developers should help shoulder the responsibility for affordable housing. All in all, the city needs to find a way to achieve balance. The resulting housing “can’t all be high-end or low-end,” she said, adding, “There needs to be mixed-income housing.”
Anna Pratt (email annaprattjournalist@gmail.com) is a freelance journalist living and working in Minneapolis.
New complaint against city by outgoing head of Minneapolis Civil Rights Commission
New complaint against city by outgoing head of Minneapolis Civil Rights Commission
BY ANNA PRATT, MINNESOTA SPOKESMAN-RECORDER
September 30, 2009
In a rare move by the city, Kenneth Brown, who helmed the commission that provides oversight to the Minneapolis Department of Civil Rights (MDCR), was recently turned down for another term. So was fellow commissioner Allen Kathir.
Reappointment is almost always a given, leading some people to speculate that Brown, a seven-year commissioner, may have been voted off because he is “brash and direct.” Kathir’s case, they say, is less clear-cut.
Brown, who believes he was discriminated against for being black and having a disability, said he intends to take legal action against the city. It looks bad that two minority commissioners are leaving while three white people are being brought on, he said, adding that the vast majority of discrimination complaints come from African Americans.
“By not reappointing the chair, the Mayor is telling all commissioners not to question his authority or wishes,” Brown said. “It is clear that the leadership of this city does not want citizens to hold them accountable to the laws that govern everyone else.”
Kathir, who is of Southeast Asian descent and is currently running for City Council in Ward 3 against Diane Hofstede, said his service on the commission was a good way to calm tensions in his community between residents and police. The ward needs to be involved in these kinds of issues, he said, to help them work hand in hand to “bring about safety,” he said.
“I can’t see a logical reason for [not being reappointed],” Kathir said, adding that discussion needs to be more transparent and “out in the open.” It raises questions about the reappointment process, considering that some commissioners have been around for well over a decade.
Politics at work?
In Brown’s view, the scenario is reminiscent of the time, in 2006, when black attorney Larry Blackwell was given the boot following an unflattering report he did on the city (reported in a CityPages story.)
Brown said it’s possible he’s being retaliated against for his recent filing of a separate discrimination claim with the state human rights department, alleging that the city denied him a lawn mowing and re-cutting subcontract on the basis of a disability.
Brown has been outspoken about the civil rights department’s internal dysfunction along with other city problems. During his last commission meeting on Monday September 21, Brown requested that a discrimination charge be filed against various city officials who failed to respond to a number of concerns, including the high volume of civil rights complaints against the city, stalled “probable cause” cases, and millions of dollars in payouts for settlements against the police. He also said a disparity study, which would provide valuable workforce information and a citywide affirmative action plan are way overdue.
Assistant City Attorney Frank Reed recommended against the commission filing a charge. “Failure to respond isn’t discrimination,” he said. “[Filing a charge] isn’t a joke.”
Brown disagreed, citing the city’s civil rights ordinance (section 139.60), which states that officials are required to promptly respond to reasonable requests and their failure to do so “shall be deemed an act of discrimination.”
The commission didn’t act on Brown’s request, but did approve a motion to discuss protections for whistleblowers at a Standards and Procedures committee meeting, which Brown said, “shouldn’t be necessary. The board is supposed to be independent and not bow to political winds.”
The process
When commissioners at the Monday meeting asked department head Michael Jordan about his influence on the recent turn of events, he held back, saying, “My conversation with the Mayor was my conversation with the Mayor.”
Jeremy Hanson, a spokesperson for Mayor R.T. Rybak, later responded over the phone, “Basically, the Mayor had a pool of strong candidates and the Mayor chose to appoint those who he thought were the strongest. “
Commissioners have three-year appointments for a reason, he said, adding, “The Mayor feels strongly about using it as an opportunity to get new people involved in city government. He was very pleased there were such high-quality candidates.”
City Council member Cam Gordon (Ward 2), who is leading a diversity audit of 50-plus city boards, said that Kathir was merely overlooked: “When we were reviewing names we thought Allen and Ken were mayoral candidates,” he said. “If we’d realized that Allen was an appointment of ours, I think he would’ve been reappointed. He’s enthusiastic, energetic and dedicated. I would’ve advocated for him.”
Attorney Mike Miller, who served on the commission through July, acknowledged that some commissioners butted heads with Brown at times. Miller didn’t agree with Brown 100 percent of the time, but he was satisfied with him as a leader. ”I’m sure that a few commissioners didn’t like the way [Brown] operated and didn’t want to deal with it directly,” he said, adding, “The loss will be felt and I’m not sure that’s not intentional.”
Commissioner Michelle Monteiro praised Brown and Kathir as hardworking civil rights advocates. “It’s outrageous that [Brown] was removed despite our confidence in him. We feel as though he and [Kathir] upset the Mayor and [civil rights director] Michael Jordan.”
Cutting an already slashed budget
Another commissioner, Brittany Lewis, said it falls in line with the legacy of the body, which has been characterized by “a lot of negative energy and leadership is not what we want it to be,” she said. “Our role is very political. We deal with race, class and gender discrimination issues, which some people have trouble talking about … It’s too bad [Brown and Kathir] are being denied access.”
It’s hard to separate these events from the drama that the civil rights department is known for. Only months ago, Brown and Kathir lobbied against the Mayor’s proposal earlier this year to eliminate the department’s Complaints Investigations Unit (CIU), a division of the department that has been fraught with problems, including everything from a huge backlog of cases to the high turnover of investigators. The proposal, which would transfer the CIU’s caseload to the state, was met with plenty of community resistance from the outset, though some people complained it would be better off at the state.
While the unit will stay put at least one more year, according to city officials, Rybak recommended that $164,000 be trimmed from the $2.517 million department. To achieve that, civil rights director Michael Jordan recently proposed slashing operating expenses and one full-time position ($71,000) for a savings of $93,000, on top of reductions to contractual services, computer system support and contract investigator time, according to City Council member Gary Schiff (Ward 9).
The civil rights department isn’t the only one being picked on. Each department is being downsized by at least five percent in 2010, according to city information. The figures will be finalized in early December, according to city information.
Louisa Hext, treasurer of the civil rights commission, said that although she’s relieved that CIU won’t be shifted to the state, she’s worried about what the future holds. “I’m pretty nervous about the depth of additional cuts … a loss of personnel is highly disappointing, particularly given the incredible positive progress of the department as a whole and in particular the employee investigators of the Minneapolis CIU.”
Anna Pratt (email annaprattjournalist@gmail.com) is a freelance journalist living and working in Minneapolis.
Animals, rides, beer, food, international shops, Minnesota wines and a robot
Here’s a piece I did about my recent visit to the state fair for the TC Daily Planet.
Animals, rides, beer, food, international shops, Minnesota wines and a robot
BY ANNA PRATT, TC DAILY PLANET
September 03, 2009
Even though I’m not a hardcore state fair-tripper, my visit on opening day was fun, filled with curiosities ranging from a life-like singing and dancing robot to a 1,186-pound pumpkin.
My companion and I first passed by a group of ducks nesting in a pond in the shadow of a bronze moose and wildflowers – an odd juxtaposition between real and unreal in the well-planned DNR section. Nearby, sunfish swam in a man-made pool. “The first fish you ever caught was probably a sunfish,” a DNR guide told the mid-sized crowd that circled the pond.
Just beyond, I caught a glimpse of a big fish that wasn’t in water; it was a found-art sculpture, nicknamed Urgie the Sturgeon. Artist Damian Jackman fashioned the structure out of millions of pounds of debris that volunteers had helped remove from local waterways. A statement posted alongside the thing references Jackman’s description of the nearly extinct sturgeon as a symbol of the plight of river species. Some fair-goers tried to identify its jumbled components, which varied from what looked to be 1940s car parts to crushed plastic bottles to rugs.
My fair-going companion, Sean is a chef, and he made the point that it was time for more food. (It quickly became obvious that he was in this for the eats.) Throughout the afternoon, he made sure that we sampled a number of greasy fair foods including the standard cheese curds and mini donuts, which we washed down with a couple pints of Minnesota-made premium beer.
In the sheep and poultry barn, we walked up and down aisles full of furry, feathered, and woolly creatures. Some rabbits, which came in many difference sizes and colors, sat upright, as if trying to maintain a sense of propriety, while others reclined lazily.
At the agriculture/horticulture building, we came across some noteworthy Minnesota wines. Both of us favored Zeitgeist, a white wine from the underground Morgan Creek Vineyards in Blue Earth. Apricot and Muscat aromas combined with “an appealing late harvest style,” according to a brochure. It’s made out of the University of Minnesota-developed LaCrescent grape, according to the Morgan Creek Web site.
Award-winning carrots, pumpkins and other beautiful vegetables were on display in the same building, underscoring the importance of farming in Minnesota, an underlying fair theme. Seeing the fruits of farmer and gardener labors close-up, was impressive, especially since I can barely keep my four houseplants alive.
Shortly thereafter, Sean and I decided to brave the Sky Ride. From a wobbly tomato-red container, we got a birds-eye view of the festivities, which was a nice respite (my feet were tired). After that Sean scored a $2 slice of pizza from a small stand in the Midway. We saw a lot of people hauling oversized stuffed animals and bananas and encountered a muscle-bound robot that was reminiscent of Buzz Lightyear from the movie Toy Story. Rock-It is a high-tech body puppet that “talks, walks and rocks!” according to its website. One man asked in disbelief, ”There’s a person in there, right?”
“No, it’s a robot,” one member of Rock-It’s security team piped up.
Sadly, my camera died early on, so I was unable to get a picture with the friendly bot, which stands nine feet tall and boasts speech, music and sound effects.
Before we left, we made one last stop at the international bazaar, which we realized was the origin of the flopping sombreros we’d seen people sporting all over the place.
Going from table to table, we admired such trinkets as wooden long-necked cats (handmade), spicy salsas from Trinidad, and Italian leather shoes. I left with a silky cerulean blue sarong. Since it was nearing 10 p.m., we made our way back to the bus stop, declaring our visit to the fair a successful one.
Metro Gang Strike Force: “Bad actions overshadow the good actions”
Here’s a story I wrote for the TC Daily Planet about a legislative hearing centering on the Metro Gang Strike Force, which was recently shut down.
Metro Gang Strike Force: “Bad actions overshadow the good actions”
BY ANNA PRATT, TC DAILY PLANET
“It’s a deeply disappointing and disturbing story, in which the bad actions overshadow the good actions,” James Nobles, the legislative auditor who blew the whistle on the now-defunct Metro Gang Strike Force told a legislative hearing Wednesday.
MGSF, a multijurisdictional unit that formed in 2005, was shut down in June following a report from Nobles, detailing problems in the way the unit accounted for seized and forfeited property. He and other speakers at the August 26 hearing at the state capitol underscored the need for greater oversight to combat gang and drug activity and to protect citizens’ rights.
The strike force didn’t properly inventory or secure items that were confiscated. Cars that had been taken were transferred to a used car lot and put up for sale. “It was just plain sloppy. There were no records,” he said. “They weren’t properly identified and accounted for.”
A stump grinder and wood-chipper, among other things, are some of the more unusual items which were taken, and don’t seem to have a criminal connection. Out of 545 people who should’ve been notified about their property being seized, only 202 were informed. “Why did [officers] take so many flat-screen TVs? We were as befuddled as you,” said Nobles. “What went wrong here wasn’t just in bookkeeping but rights of citizens.”
Meanwhile, the Minnesota Gang and Drug Oversight Council and the unit’s advisory board “both fell down,” he said. Because the unit was multijurisdictional, there was no clear leadership, he said. It didn’t get enough financial support, though it’s unclear why the unit was so strapped for cash when it had $1 million sitting in the bank, he said.
More supervision, including collaboration with prosecuting attorneys, is needed to ensure that officers aren’t “going out and taking stuff because they want to,” he stressed.
Andy Luger, a former federal prosecutor who co-chaired a state panel that performed a deeper study into the unit’s wrongdoing, attributed some of the problems to a Depression-era mentality that stuck well after the 2003 round of budget cuts. Some officers engaged in activities that their home agencies would never put up with, he said.
When asked if there was criminal behavior involved, he said, “If you take something that’s not yours and take it home, then it’s a crime. I believe that went on here.”
In his report, he recommends against the use of standalone strike forces unless they have a more active board with an executive committee in charge. Forfeiture shouldn’t be used to fund the force, he urged, adding that statewide forfeiture policies need to be in place while some laws might need to be amended.
Public Safety Commissioner Michael Campion, who first called for investigation into the unit, said MGSF was given too many second chances. However, the hearing wasn’t a time for laying blame on anyone, said representative Debra Hilstrom (district 46B), chair of the House Public Safety Policy Committee. She characterized the state of affairs as “serious, sensitive and volatile,” but legislators will try to figure out where to go from here.
Hilstrom explained that soon, a designated “special master” would be doing more digging into the strike force’s 5,000 files to determine what property needs to be returned. Secondly, a legislative working group will meet with authorities to develop additional recommendations while another investigation from the U.S. Attorney’s Office and the FBI may be called for. “We want to make sure this never happens again,” she said.
Q&A: Steve Noonan, performing tonight at Brit’s
Local singer/songwriter Steve Noonan is bringing his colorful melodies to Brit’s Pub tonight at 8 p.m. Backing him up is Nick Salisbury on bass, timmyz on drums and Blair Krivanek on electric guitar.
Noonan’s acoustic guitar-driven songs, which have such poetic titles as I can lead, Far Away and The Light of Day, are easy to listen to, yet meaningful. The lyrics, which touch on universal themes like heartbreak and exhilaration, are brought to life through Noonan’s expressive, full voice. Think Tom Petty, Oasis and Aimee Mann, “stirred and shaken,” as Noonan put it. The outcome is rich and enjoyable.
Noonan, whose self-titled EP was released in March, said that his musical influences stretch back to the 70s, following with the postmodern British bands of the 80s and some current artists like John Shanks and The Matrix. The singer/songwriter honed his musical talents at the Boston-based Berklee School of Music.
Here’s a Q & A that I managed to snag with Noonan this afternoon, via email:
Can you say a little more about how you would describe your work? What kinds of themes do you find yourself dealing with? Any common threads?
I like to think it’s music that has integrity in its melodies, chord changes, and arrangements. I want my songs to be singable to people who hear and like my sound. The themes range from leaving behind a break-up and being happy about it while driving in a convertible, to feeling like I shouldn’t sleep so late because so many people are up earlier performing their various tasks. So, really no common threads song to song.
In addition to your schooling/training and some of the influences you’ve already mentioned, what kinds of experiences have enriched your music and made it what it is?
Seeing other artists play live, their stage presence, and the structure of their songs. I like song that have sections that connect well.
What do you hope people take away from the music and where can people find your EP?
I simply hope people get enjoyment from listening to my songs. They can order online from Amazon, CDbaby, iTunes, or in-person at the Electric Fetus here in Minneapolis.
How about a little on what you like to do outside of work?
I like sitting in the rays of a setting sun with no wind, with a good ale and good company.
For more information about Steve Noonan or to listen to some sample songs, here’s his myspace page.
Identifying gang members in St. Paul
Here’s my recent story in the TC Daily Planet about how St. Paul labels someone as a gang member.
St.Paul forum sheds light on police “gang member” database
BY ANNA PRATT , TC DAILY PLANET July 30, 2009
A handful of St. Paul and Ramsey County officials fielded questions during a community meeting on July 28 about how authorities identify “confirmed gang members.” While a St. Paul police spokesperson said the system is based on documented gang activity, some community members believe it’s too subjective.
One major concern is that once a person is labeled as a gang member, rightly or wrongly, there’s no clear way to fight it. His or her name goes into several databases, including one that’s statewide. For those who are put into the system, the label could have lifelong consequences, including legal repercussions (if he or she is ever accused of a crime).
In a recent example, St. Paul used temporary injunctions against 18 members of the warring East Side Boys and Selby Siders as a way to prevent violence at the Rondo Days Festival. The gang members were not to be seen with each other, or to display signs of gang affiliation. At least one gang member was eventually asked to leave the premises, according to police information, and the festival went on peacefully.
While some public officials see that as a sign of success, others say actions such as injunctions may be detrimental, especially for those who have been misidentified. A Pioneer Press article tells the story of 23-year-old Jumoke Cryer, who disputes his confirmed gang status. Cryer, a college student who was among those whose Rondo Days activities were restricted, said he’s being pressured by his family to leave the state, to avoid future problems.
During the meeting, attendee James Shelton offered up a similar account about his son. Shelton said his son has been wrongly accused of being a gang member. However, the purpose of the July 28 meeting at the Hallie Q. Brown Center wasn’t so much to air grievances as to shed light on the process and to hear directly from the decision-makers, according to some of its organizers.
The meeting was billed by organizers as a first step, opening the lines of communication between police and the community. Jeff Martin, who chairs the St. Paul NAACP’s legal redress committee and who kept the meeting on point, said that it was an opportunity for people to “come and learn,” stressing, “Don’t think we can solve everything tonight. We hope to provide information and guidelines.”
Tina McNamara, who leads the St. Paul Police Department’s (SPPD) gang unit, went over the gang identification guidelines. SPPD uses the Pointer System, which was originally developed by the now suspended Metro Gang Strike Force. According to the Strike Force’s website, the database was put together as a “law enforcement tool, an officer safety tool, and as a tool for the judiciary.”
The Bureau of Criminal Apprehension (BCA) manages this data. Someone who is considered to be a gang member meets at least three of 10 different Pointer criteria, McNamara said. The criteria include admitting to being in a gang, associating with gang members or having related tattoos or symbols.
In addition to observed activities, photos that show someone hanging out with gang members or throwing up hand signs, or being named in a gang document or identified by a reliable source, may be incriminating, she explained. The list only includes those who are least 14 years old and have been convicted of a gross misdemeanor or felony, McNamara said. In response to criticisms that the requirements are vague, she said, “To me, they’re very specific. Police officers document it. It’s documented or observed.” For example, “If someone admits to being in a gang, then they’ve told us.” Further, “Tattoos are something that don’t go away.”
Officers are trained early on in the police academy to identify gang members, she said. But for some community members, it wasn’t comforting, given the fact that there’s no way to contest confirmed gang member status. It’s also unclear what is to become of former gang members. McNamara acknowledged that, “There’s no known protocol for getting off the list. We want to reach out and talk about how to change that.”
Nekima Levy-Pounds, an associate law professor at the University of St. Thomas School of Law, said some of the requirements are subjective. “What if someone in your family is involved with a gang and you may not be, but you’re observed to associate with that family member? Or you get into a situation where you’re in a photo with a gang member?” She also touched on community concerns centered on racial profiling, raising the issue of accountability.
Too often, African American teens and young adults end up on the list. SPPD assistant police chief Nancy Di Perna said the SPPD collects and vets data before it goes anywhere else. Commanders in the Special Investigations Unit review the information, she said. “Is it infallible? No.” The question goes beyond the scope of the gang topic, she said. It’s about what the community wants police officers to be, she said. They’re given a lot of discretion: “I can’t tell you that there’s a system in place to review every report and make sure someone isn’t lying. There has to be trust.”
Phil Carruthers, an assistant county attorney, clarified that in Minnesota it’s not illegal to be a gang member. “There may be implications, but you have not committed a crime by being on the list,” he said. “There has to be a crime done for the benefit of the gang.” Gang members may face increased penalties for committing a crime. “If someone is a gang member and is on probation for a felony, associating with other gang members may violate his or her probation,” he said.
A claim that someone is no longer involved in a gang is the type of thing that gets raised in trial. “It becomes a defense,” he said. “Defenses are available to raise issues. That’s why people are afforded counsel.”
Law and disorder
Kristi McNeilly, the attorney who has been defending some of the key players mixed up in the incredible ongoing JACC saga is now facing charges for violating a restraining order and domestic assault with intent to inflict bodily harm (both felonies), according to the Washington County sheriff’s roster. This is on top of several other felony charges she recently racked up in Ramsey County, including aggravated first-degree witness tampering, tampering with a witness in the first degree, and terroristic threats, which again, are all felonies.
The charges stem from a situation in which McNeilly hooked up with Trinis Derrelle Edwards, who was her client in a domestic assault case. McNeilly allegedly paid off Edwards’ wife Lori — to either not testify or lie — with housing, alcohol and drugs. But the recent charges have to do with allegations that McNeilly also threatened and assaulted her witnesses, who happen to be her father and brother.
What is the JACC connection? McNeilly represented Ben Myers, the ex-JACC chair in a defamation lawsuit against some Northsiders, for which a judge recently turned down an application for a temporary injunction, siding with the ‘Jordan 3.’ McNeilly also stood up for former JACC ED Jerry Moore in a failed attempt for a restraining order against board member Daniel Rother. Moore, who was fired after pulling punches against neighbors, is currently suing blogger Johnny Northside and commenter Donald Allen for defamation and biased reporting.
