Hennepin County Judge Karen Janisch on Tuesday approved the nation’s largest mall’s request for a temporary restraining order barring Black Lives Matter protest organizers from showing up there Wednesday.
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The judge also rejected its request to make BLM members delete postings on Facebook and Twitter encouraging other people to take part in the protest.
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The order, which does not extend to the group itself or to unnamed people, “should not be interpreted as authorizing or permitting others to engage in political demonstration at the Mall of America without the express permission of the Mall of America”, Hennepin County Judge Karen Janisch wrote.
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Named defendants Miski Noor, Kandace Montgomery and Michael McDowell were barred from demonstrations, but the group could not be forced to remove social media posts promoting the protest or to add notices saying the protest was canceled, Janisch said.
It cited the effects of a similar demonstration previous year, which temporarily closed about 80 stores and resulted in two dozen arrests.
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. Police say he grabbed the gun of one of the arresting officers, but other witnesses claim he was handcuffed.
Gaertner repeatedly stressed at Monday’s hearing that the mall’s opposition to the Black Lives Matter protest is not about their message, but the venue and the protest’s potential for disrupting last-minute holiday shopping.
Jordan Kushner, a lawyer for several Black Lives Matter organizers named in the mall’s lawsuit, called the mall’s demands unconstitutional. Authorities say they won’t release it while state and federal investigations are ongoing.
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. However, Plaintiff has provided no evidence that Black Lives Matters is a legally cognizable entity capable of being sued as a party in litigation. Janisch said when it comes to trespass, the mall can regulate what happens in its physical premises, but not social media. The 24-year-old died the day after he was shot by police responding to an assault complaint.
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“They could tell people to stay away from their property, but they cannot tell people what to say or what not to say”, Kushner said. “It’s trying to control their speech”.
