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County attorney declines charges in July Pride incidents

Robert Jarrett
Robert Jarrett
By
Rick Bussler, Publisher
“While I find Mr. Cooley and his group's conduct despicable and reprehensible, it is speech and therefore protected.”
-Robert Jarrett, Steele County Attorney

No criminal charges will be filed after what some called “hateful and disturbing messages” being targeted at them during Rainbowatonna’s Pride in the Park on July 12, the Steele County Attorney’s Office has determined.

County Attorney Robert Jarrett had been asked by the Owatonna Police Department to review the case, which included statements of the involved parties and videos of the incident. At the center of the investigation was the actions of a group led by Jason Cooley from Old Paths Baptist Church in Northfield.

Rainbowatonna sponsored the pride celebration at Central Park in Owatonna. Organizers were issued a city permit to use the band shelter during the day-long activities. Jarrett said the permit did not give organizers exclusive rights or control of the park space.

Cooley and his group showed up at Pride in the Park and eventually held up signs that blocked the view of the performers on the band shelter. Allegations were made that Cooley’s group was rude and made unwanted comments to others and displayed inappropriate pictures on one sign.

Police reported no physical violence or harm between anyone during the event. Videos reviewed by Jarrett showed three to four individuals holding up large signs as they walked in the park near and around the bandshell.

Some disgruntled Pride participants showed up at a city council meeting after the event to voice their displeasure with how city officials, including police, handled the situation.

Jarrett pointed out that while Minnesota law prohibits disorderly conduct when a person engages in offensive or abusive conduct that arouses alarm or anger in others, free speech is a constitutionally protected right. “As applied in these circumstances, the right to free speech would negate any criminal conduct,” he said, adding while there are limits to speech, the circumstances here do not arise to fighting words or incitement.

“While I find Mr. Cooley and his groups conduct despicable and reprehensible, it is speech and therefore protected by the United States and Minnesota Constitutions,” said Jarrett. “There are certainly better ways to engage with opposing viewpoints than to disrupt an otherwise peaceful event.”

Jarrett said that if event organizers wish to have exclusive control over the space and prohibit this type of activity, they should use a space where they have exclusive rights. Parks owned and operated by the government are generally open and accessible to the public during daytime hours, and the city has limited ability to exercise exclusive control, he added.

The county attorney said the matter will be closed with no criminal charges filed as “it is not in the interests of justice to pursue this matter further.”