Bloomington mulls new rules on demonstrations

Concerned that the city isn't ready for demonstrators who might show up for the Republican National Convention this fall, Bloomington is considering its first-ever requirement that protesters get a city permit before holding a demonstration or march.

The City Council may vote on the proposed ordinance Monday night.

"The Republican convention is what inspired it," said Sandy Johnson, associate city attorney. "Before, we had no real motivation to go forward. We hadn't had any big demonstrations."

If Bloomington seems an unlikely target for political demonstrations, think again. With 7,800 hotel rooms -- more than Minneapolis and St. Paul combined -- the city will play host to thousands of delegates, staff and media who are here for the Sept. 1-4 convention.

The Mall of America, which will host some events, also might attract people who want to draw attention to causes. Even highway overpasses, which are ideal spots for sign-waving, could become demonstration sites, Johnson said.

Until now, Bloomington hasn't really needed to require permits for demonstrators, Johnson said. While striking airline workers, angry carpenters and others have held large rallies and protests, "they've been very nice, calling up the police and telling them what they're doing," she said.

But recently people have been calling Bloomington police and asking if the city requires permits for demonstrations. City officials think people who are planning protests may be scouting for locations with the loosest regulations.

When a draft version of the ordinance was presented to the council two weeks ago, council members were less concerned about how it might affect political protests than the effect on rowdy back-yard graduation parties or impromptu bands that start jamming on a deck.

Johnson said the proposed ordinance has been tweaked to allow the council to choose from three alternatives for outdoor gatherings on private property. Permits could be required at gatherings of at least 100 or 200 people where people are using sound amplification equipment.

Or the council could decide to require a permit where outdoor music exceeds a certain noise standard.

Johnson said city attorneys would like the council to pass at least the public assembly part of the ordinance so its provisions can take effect in time for the convention. To allow a full review of any proposals as well as time for appeals, the ordinance asks demonstrators to file a permit request 60 days before the event. While groups could file as close as 10 days before an event, the city couldn't guarantee it would have time to consider appeals if the permits were denied, or appeals over requirements, Johnson said.

Each application for a public assembly would have an $80 base fee. If a gathering is considered "high intensity relative to its setting," the city also could require a site plan, security plan, neighborhood notification, a deposit to cover possible police overtime and a security deposit or insurance certificate.

Johnson said she doesn't think the proposed requirements are onerous. "What you do is prepare for the worst and hope for the best," she said.

Despite its lack of regulation, Bloomington hasn't escaped all protests. In 1996, a small group of anti-fur demonstrators protested inside the Mall of America, urging a boycott of Macy's. Though the demonstration was peaceful, four protesters were arrested when they refused to leave.

The case was appealed all the way to the Minnesota Supreme Court, which ruled that the mall was not a public forum.

"That decision is especially important with the Republican Convention coming," said City Attorney David Ornstein.