A few weeks ago, I ran the first part of a three-part series by Joel Rosenberg regarding his confrontation with Minneapolis Police sergeant Bill Palmer.

The confrontation was captured on video.

The City Pages tittered about the story, but really didn’t understand it.

Here’s Part II.  Part III follows later today.

Part Two: The Contempt of Court that Joel Didn’t Commit

By Joel Rosenberg

When last we left our heroes, we were about to take a look at the court order that poor Bill Palmer couldn’t find, and which he pretended to be trying to enforce. He knew better, which is why he didn’t arrest me.

Here it is:

———-WHEREAS it is the court’s responsibility to ensure the proper, safe, and orderly administratio nof justice throughout Hennepin County coutr facilities, and

WHEREAS the Court has a weapons policy in place since July 12, 1995 that prohibits any firearm or other weapons from being taken into a courtroom or the environs of any other juvenile justice or other court facility witin Hennepin County except under certain conditions described below,

IT IS HEREBY ORDERED that all persons, exept as provided in this Order, are prohibited form having weapons on their person or in their possession in Hennepin County court facilities, regardless of whether or not they have a firearms permit, and

IT IS FURTHER ORDERED that persons entering Hennepin County court facilities may be subject to screening for weapons upon entry; anyone refusing to submit to such searches shall be refused admission, and

IT IS FURTHER ORDERED that all weapons, including but not limited to firearms and any related ammunition, stun guns, taser weapons, and replica or toy guns shall be removed form said persons before they are allowed to proceed further into the court facility and

IT IS FURTHER ORDERED that this order shall not apply to licensed peace officers or federally authorized law enforcement agents in the performance of their official duties. Only law enforcement personnel empowered by law to carry weapons may enter a court facility with a weapon. The peace officer exception to the Order shall not apply to officers present in court as private parties, support persons, or to provide testimony not required by their job duties, and

IT IS FURTHE RORDERED that weapons be used as an exhibit in an official proceeding may be taking into a courtroom or any other court facility only fter they have been checked for safety by the Hennepin County Sheriff or HSeriff’s designee, e sealed in a transparent vinyl tape envelope or otherwise be secured to ensure security during the proceedings by a peace offier in the performance of official duties, and

IT IS FURTHER ORDERED that Hennepin County Court facilities include:

1. Hennepin Government Center

300 South Sixth Street, Minneapolis

2. Minneapolis City Hall,

300 Wouth Fifth Street, Minneapolis

3. District Court Division II – Brookdale

6125 Shingle Creek Parkway, Brooklyn Center

4. Disrict Court Division III – Ridgedale,

12601 Ridgedale Drive, Minnetonka

5. District Court Division IV – Southdale

7009 York Drive, Edina

6. Hennepin County Public Safety Facility

401 South Fourth Avenue, Minneapolis

7. Hennepin County Family Justice Center

110 South Fourth Street, Minneapolis

8. Hennepin County Juvenile Justice Center

626 South Sixth Street, Minneapolis

IT IS FURTHER ORDERED that any person violating this Order shall be suejct to being held in contempt of court and may be subject to a jail sentence.

This Order is effective immediately.

Date: 9/28/08

———-

Interesting, isn’t it? The judge appears to have decided that Minneapolis City Hall is part of the Hennepin County Court complex.

How’s that work? Can the judge decide that a radius of a thousand miles from his bench is part of the court complex? How about fifty? How about the McDonald’s across the street? How about Minneapolis City Hall?

Well, there’s actually just a touch of logic to that — there are courtrooms in City Hall. They’re not used all that often, I understand, but when they are being used by a judge for official county business, the order would clearly apply.

But the rest of it? Nah. It’s what’s called “unconstitutionally broad.” Ask your favorite law professor; I’ve asked more than one of mine.

Here’s what one said:

“This covers entire buildings where courtrooms and court office space are only a portion, often small and temporary, of the entire facility. A good example is the Minneapolis city hall. This order is OVERBROAD [his emphasis. JR].”

In practice, the order is enforced, almost all the time, perfectly legitimately, by the HCSO: outside the security zone of the courthouse, no problem; permit holders come and go, carrying if they please as they do whatever business they have with the courts. Before going into the zone, the permit holder disarms, and stores his weapons somewhere — typically, out in the car.

Easy, peasy.

Also in practice: Tim Dolan and the badged bullies of the MPD have been using their willfully false “interpretation” of the order to bully permit holders into not carrying anywhere in city hall. But they don’t *dare* actually arrest somebody who has, like me, given notice (covering the felony issue, even if you believe that, say, the janitor’s closet in City Hall is a courtroom).

Why? Because they know that the order, being overboard, is utterly unenforceable.

And if they try to enforce it?

That’s for the last chapter: The Crimes Bill Palmer Committed.

Later today – where Palmer allegedly messed up.