Judge grants Mall of America restraining order against Black Lives Matter protesters
The largest mall in America did not want the protesters on its property
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Your support makes all the difference.The Mall of America was granted a temporary restraining order against Black Lives Matter protesters on Tuesday afternoon.
Activists have planned demonstrations at America's largest mall and are demanding the release of video footage of last month's fatal police shooting of 24-year-old Jamar Clark.
However, lawyers representing the Mall of America were granted the temporary order in an effort to prevent Wednesday's protests from happening. Judge Karen Kanisch granted and denied the request in part.
"Defendants Michael McDowell, Miski Noor, and Kandace Montgomery are enjoined from engaging in any demonstration on the MOA Premises on December 23, 2015, or thereafter, without the express, written permission from MOA Management," Judge Kanisch wrote in her decision.
During Monday's courthouse proceeding, Mall of America's attorney Susan Gaertner said that the order was not an issue of free speech but about or "whether or not these folks have a good cause, of course this is a good cause."
"This about where you demonstrate. And you demonstrate in places like this. in a court house," he said on Monday. "Mall of America on Wednesday is a place to take your kids and shop."
Judge Kanisch denied the lawyers' requests to force organisers to post messages on social media to cancel the December 23 event.
Before the district judge's announcement, Black Lives Matter organisers said they would protest no matter what the ruling.
"The people have a right to show up, we have a right to say what our message is, we have a right to speak out,“ organiser Miski Noor said in court on Monday.
”And us not showing up and us not speaking would be the mall winning, yet again, as corporations and police departments and the institutions collude to silence us, that's not going to happen.“
Charles Samuelson, executive director at the American Civil Liberties Union of Minnesota, called the Mall of America’s lawsuit zealous and aggressive.
“The ACLU of Minnesota is deeply concerned about the restraining order that the Mall of America is seeking against Black Lives Matter organizers. It appears to be unconstitutionally overbroad and an improper prior restraint on speech,” he said in a prepared statement.
He added that the Mall of America, and other corporations, should not be able to force private citizens to post on their social media accounts: "Organizing a peaceful protest on social media is protected by the First Amendment to the US Constitution and should not be restrained," he said.
"The Mall of America is trying to intimidate free speech activities with this aggressive lawsuit. We hope the District Court will dismiss the restraining order quickly.”
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