Minneapolis City Council member granted restraining order against citizen
A Ramsey County judge has granted a Harassment Restraining Order after Minneapolis City Council member Michael Rainville petitioned the court for the order against a citizen who verbally chastised him following a city council vote on Feb. 23 concerning a city-owned property sale to a neighborhood group.
Evidence presented to the court showed the respondent, during that city council meeting, repeatedly said to Rainville, “You are done…I know where your family lives …we are coming for you wherever you are” and that these are “true threats.”
In her ruling, the judge stated, “Although respondent advocates for peaceful protest, his words and behavior crossed the line and had an adverse effect on the safety, security, or privacy of the petitioner. His words and threats were objectively unreasonable.”
Rainville told 5 EYEWITNESS NEWS he was intimidated when the verbal attacks happened for “more than an hour” during the meeting.
“I was scared. I was afraid. It’s terrible to have someone threaten you like that and then I became concerned over my family,” said Rainville. “It was a threat against my family, against myself and most of all it’s a threat to democracy. What does the future of being an elected official in Minneapolis look like? Who are we going to get to run when they’re being threatened with violence?”
Joe Tamburino, Rainville’s attorney, told KSTP the respondent’s actions crossed a line from free speech protected under the Constitution to “threatening speech which is not protected speech.”
Tamburino said the restraining order will not prevent the respondent from attending city hall proceedings, but does put a clear limit on his future interactions with Rainville.
“After that public event is over the respondent can’t go to Rainville’s office. Can’t, you know, try to talk to him in the hallway, can’t email him, text him, or anything like that,” said Tamburino.
Hamline University professor David Schultz is a constitutional expert. He said the judge made it clear that the language the respondent used toward Rainville was not protected free speech.
“The courts are going to err, absolutely err, on the side of saying when in doubt no restraining order by a public official against the constituents,” said Schultz.
Rainville said he intends to seek re-election during this November’s election.