Edina Public Schools lawyer Trevor Helmers implies that plaintiffs' lawyer Erik Kaardal will be arrested and prosecuted if he holds a press conference on "District property." Helmers also warns Kaardal the district will seek punitive fines against him for "frivolous arguments" related to the U.S. Flag Code.
Original Title
Warning letter from Edina School District to lawyer for student conservative club plaintiffs
Edina Public Schools lawyer Trevor Helmers implies that plaintiffs' lawyer Erik Kaardal will be arrested and prosecuted if he holds a press conference on "District property." Helmers also warns Kaardal the district will seek punitive fines against him for "frivolous arguments" related to the U.S. Flag Code.
Edina Public Schools lawyer Trevor Helmers implies that plaintiffs' lawyer Erik Kaardal will be arrested and prosecuted if he holds a press conference on "District property." Helmers also warns Kaardal the district will seek punitive fines against him for "frivolous arguments" related to the U.S. Flag Code.
Kevin J. Rupp
A
Soot, Andee
Wi Nap Rupp, ANDERSON, SQUIRES
Tre Hew & WALDSPURGER, P, A. S
‘Als Adie i Wisconsin
Etec heise
December 7, 2017
VIA FACSIMILE AND EMAIL
Erik Kaardal
Mohrman, Kaardal & Erickson, P.A.
150 South Fifth Street, Suite 3100
Minneapolis, Minnesota 55402
Fax: 612.341.1076
Email; kaardal@mklaw.com
RE: ISD 273, Edina Public Schools
Our File No. 0273-0003
‘Dear Mr. Kaardal:
1 am the attomey for Independent School District No. 273, Edina Public Schools
(“District”), and the District has learned that you intend to hold a press conference on
District property this afternoon at 4 p.m. I am writing to let you know that you do not
have permission to enter onto District grounds for this purpose, and to ask that you please
find an alternative location for your press conference.
As you are no doubt aware, the District has the authority to regulate the entrance
by members of the public onto District property, and District property is not considered a
public forum. See Minn. Stat. § 609.605, subd. 4. As such, there is no right for
individuals to enter onto District property without permission. The sidewalks and
entrances to the High School are owned by the District, and are not city sidewalks that
would traditionally be considered a public or open forum for speech. School Board
policies have also been put into place related to the use of District facilities and property.
You have not applied to use District property through any of those policies or procedures,
and do not have the District’s permission to enter onto its property.
333 South Seventh Street, Suite 2800, Minneapolis, MN 55402
office (612) 4364300 + fax (612) 436+4340 + raswiaw.comDecember 7, 2017
Page 2
To reiterate, you do not have permission to enter onto District property today. If
you enter onto District property, the District will consider you to be trespassing, and the
District reserves the right to take any action available to it pursuant to Minnesota
Statutes.
in addition, if the documentation that i have reviewed is accurate, it appears that
you intend to file a lawsuit on the basis of alleged violations of the U.S. Flag Code.
However, there is no private cause of action for a lawsuit against a governmental entity
upon those grounds. Thus, I would encourage you to please research this issue
thoroughly prior to filing a lawsuit, and to remove this frivolous claim. If this type of
claim is made, the District will be secking its costs and fees for having to respond, and
would plan to file a Rule 11 sanctions motion.
Thank you for your review and consideration.
Very Traly Yo
Trevor S, Helmers
CC: Tom Ciesielka (via email to t¢@tepr.net)
ASW: 99938