State v. Peter

798 N.W.2d 552, 2011 Minn. App. LEXIS 50, 2011 WL 1642521
CourtCourt of Appeals of Minnesota
DecidedMay 3, 2011
DocketNo. A10-1263
StatusPublished
Cited by2 cases

This text of 798 N.W.2d 552 (State v. Peter) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Peter, 798 N.W.2d 552, 2011 Minn. App. LEXIS 50, 2011 WL 1642521 (Mich. Ct. App. 2011).

Opinion

OPINION

KLAPHAKE, Judge.

Appellants were charged with disorderly conduct in violation of Minneapolis, Minn. Code of Ordinances § 385.90 (1991) (disorderly conduct ordinance), for protesting outside Ribnick Furs and Leather (Ribnick Fur) in downtown Minneapolis. They appeal from their convictions following a joint jury trial. Because the evidence was insufficient to convict appellants of disorderly conduct, when their statements and conduct did not rise to the level of “fighting words,” and their loud chanting and yelling were “inextricably intertwined” with their political protest, which was protected by the First Amendment, we reverse the convictions.

FACTS

On March 4, 2010, at approximately 4:30 p.m., 19-year-old Isaac Siegel Peter and 21-year-old Michael Christopher Lawson were conducting an animal rights protest outside Ribnick Fur. Peter estimated that he had protested at Ribnick Fur approximately 20 to 30 times before and that his manner of protesting always involved chanting, carrying signs or banners, and trying to talk to people. Lawson testified that he had protested at Ribnick Fur with Peter approximately six to eight times and that he was not doing anything differently than at previous protests. Both men testified that they were chanting loudly, but not shrieking, that they were using their natural voices with no sound amplification equipment, and that they did not strain their voices. Peter testified that police had been called to each of his protests, but he had never been arrested.

The owner and president of Ribnick Fur, William Ribnick, testified that he calls police every time there are protesters at his store, which occurs about six times a year. He stated that through the closed store window he could see appellants walking back and forth, looking in the window, and screaming. Ribnick testified that appellants were “very loud and very angry” and that they yelled on and off for about a half hour until police arrived. He also testified that appellants spoke about the business, fur, and killing animals, but that they also yelled that they knew where he lived; they knew where his elderly mother lived; and they knew his vehicle license plate number.

Ribnick agreed that appellants did not enter the store, open the door, or even touch the window. He further agreed that appellants did not stop any customers from entering the store that day. Ribnick conceded that appellants never threatened him with any physical harm or damage to the property.

The testimony of two Ribnick Fur employees tended to corroborate Ribnick’s testimony that appellants were yelling loudly from outside the store through the closed window, that they were chanting and shouting about the fur industry and killing animals, but that they never threatened any physical harm to persons or property. An employee of a neighboring business testified that appellants were [554]*554loud, that their “tone was very aggressive and angry,” that their yelling “got under my nerves,” and that they disrupted his work with the noise.

Two Minneapolis police officers responded to the emergency call that day. One officer testified that he could hear appellants yelling when he was approximately one-half block away from the store and that they stopped yelling when they saw his squad car approaching. The officer acknowledged that he initially did not believe he had grounds to arrest appellants based solely on his conversation with Rib-nick. But after the neighboring employee opened his window and yelled that he wanted police to arrest appellants, the officer spoke to several other individuals across the street, who claimed that appellants were harassing customers. The officers then decided to charge appellants with disorderly conduct.

At the close of the state’s case and again at the close of their case, appellants moved for acquittal, claiming that their conduct was protected by the First Amendment and that none of their statements rose to the level of fighting words. The district court denied the motions, concluding that the state’s case was based on the manner in which appellants were protesting, not on the content of the language itself. The court also denied appellants’ motion to have the Minneapolis disorderly conduct ordinance declared unconstitutional on its face and as applied to them, concluding that the motion was untimely and that the constitutionality of the ordinance has been upheld in several appellate decisions.

The jury found both appellants guilty of disorderly conduct. The district court stayed imposition of appellants’ sentences, and this joint appeal followed.

ISSUES

1. Was the evidence sufficient to support appellants’ convictions under the constitutionally narrowed construction of the Minneapolis disorderly conduct ordinance?

2. Is the Minneapolis disorderly conduct ordinance unconstitutionally over-broad and vague?

ANALYSIS

I.

Appellants argue that the evidence is insufficient to support their convictions because their conduct was protected free speech, their statements did not constitute fighting words, and their expressive activity was inextricably linked to their protected message. At trial, the state generally agreed that appellants’ speech did not constitute fighting words, but argued that their loud yelling and some of their statements (that they knew where Ribnick and his mother lived and that they knew his vehicle license plate number) could be separated from the protected speech and prosecuted under the disorderly conduct ordinance. Under the narrow construction that we must give to the ordinance, however, we do not believe that appellants’ conduct in yelling and directing some statements to individuals can be separated from their protected speech, particularly in this case involving political protest.

When protected free speech is involved, the offense of disorderly conduct has been interpreted narrowly and as restricting only “fighting words.” State, City of Minneapolis v. Lynch, 392 N.W.2d 700, 703-04 (Minn.App.1986) (citing State v. Johnson, 282 Minn. 153, 159, 163 N.W.2d 750, 754 (1968)). In Lynch, the defendant was convicted of disorderly conduct under the Minneapolis ordinance, for denouncing police officers as “moth-erf* * *king pigs.” 392 N.W.2d at 702. This court upheld the conviction because [555]*555the jury had been properly instructed on the definition of “fighting words,” and the defendant’s language had the effect of inciting a crowd of people that had gathered, some of whom were brandishing clubs. Id. at 704.

Minnesota courts have reversed disorderly conduct convictions based on offensive language that did not constitute fighting words. In In re Welfare of S.L.J., 263 N.W.2d 412, 419-20 (Minn.1978), the supreme court held that a retreating 14-year-old girl’s statement to police, “f* *k you pigs,” did not constitute fighting words because she directed it at two police officers sitting in a squad car located 15 to 30 feet away. The court noted that there was no reasonable likelihood that the statements would “tend to incite an immediate breach of the peace or to provoke violent reaction by an ordinary reasonable person.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Minnesota v. Irene Bernice Benjamin
Court of Appeals of Minnesota, 2017
Gleason v. Smolinski
Supreme Court of Connecticut, 2015

Cite This Page — Counsel Stack

Bluebook (online)
798 N.W.2d 552, 2011 Minn. App. LEXIS 50, 2011 WL 1642521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-peter-minnctapp-2011.