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Pawlenty wants protesters to pay law enforcement costs
March 28, 2003

Gov. Pawlenty wants anti-war protesters such as these, who were arrested at the federal building this week, to pay for the law enforcement expenses of their own arrests. (MPR file photo)

St. Paul, Minn. — (AP) As anti-war protesters begin adopting more confrontational tactics, Gov. Tim Pawlenty wants them to reimburse law enforcement for the expense of their own arrests.

"We're not saying people don't have a right to free speech," the governor said. "We're just saying people don't have a right to a free arrest."

Pawlenty, a former prosecutor, wants judges to begin ordering protesters to pay restitution. He sent a letter Friday to Chief Justice Kathleen Blatz, telling her that with state and local budgets stretched thin, police can't afford to spend time arresting protesters that get out of line.

"Obviously, restitution should not be limited to war protesters," the letter said. "It should apply to anyone who goes beyond legal and peaceful protest and intentionally uses scarce public safety resources by forcing symbolic arrests for their own public relations efforts.

Pawlenty's spokeswoman, Leslie Kupchella, said the governor recognizes that charges against protesters typically are dismissed. "He would like that dismissal contingent on restitution," she said.

Lots of luck. It's never going to stand the test of appeal. ... You're talking about the delicate balance between the First Amendment and governmental power. - Retired Hennepin County District Judge J. Bruce Hartigan

She said the administration has not determined how much protesters should be charged, but he would like to keep the costs "nominal," perhaps $200.

Some legal experts were skeptical about the proposal's constitutionality. One recent protester called it an infringement on free speech.

Karen Redleaf, a St. Paul war protester who was arrested twice this week at anti-war demonstrations, called Pawlenty's proposal "really shocking and distressing."

Redleaf, 39, a former stock analyst, said such a move would limit constitutionally protected free speech to those who could afford the price of arrest and prosecution.

"We do this to get news coverage for our views," she said. "They're not charging rapists for the costs of arresting and prosecuting them. We're not hurting anyone. We're just trying to make statements that need to be made."

Retired Hennepin County District Judge J. Bruce Hartigan was dubious about the idea.

"Lots of luck," he said. "It's never going to stand the test of appeal. ... You're talking about the delicate balance between the First Amendment and governmental power. Chances are (such a fine) would be looked at as an improper infringement on the right to free speech and the right to assemble."

Hartigan, who retired last year after 14 years on the bench and who said he has represented and sentenced dozens of protesters, said the plan also could backfire.

"Let's say I'm a protester. I get together with a bunch of protesters and we go out and get arrested. We get in front of a judge. The judge orders restitution. We say no. We don't pay it. We'll all just go to jail and spend more of the governor's money."

The U.S.-led invasion of Iraq has sparked worldwide protests. Local protests have remained peaceful, although arrests are on the rise as protesters perform acts of civil disobedience.

Twenty-eight protesters were arrested Monday for refusing to leave U.S. Sen. Norm Coleman's St. Paul office. On Tuesday, at least 67 were arrested for blocking entrances to the federal courthouse in downtown Minneapolis.

(Copyright 2003 by The Associated Press. All Rights Reserved.)

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