On July 14, 2010, Olmsted County Judge Kevin A. Lund dismissed a seat belt charge against Patrick Evans based on Minnesota's official law, published by the Office of the Revisor, barring traffic stops for mere seat belt violations.

Minnesota's law enforcement agencies claim the power to make traffic stop for mere seat belt violations. But, Minnesota's official law states the contrary.

The Olmsted County is the first known victory based on neopopulism's "Official Law" defense.

Former criminal defendants Patrick Evans who is now free of the seat belt charges wrote the following to neopop counsel Erick Kaardal in appreciation:

Dear Mr. Kaardal:

I would first off like to thank you for all your advice if it weren't for you I probably would have been paying a fine on Wednesday (7/14). I called and left you a message. I just thought I would email you as well and say Thank you very much for everything. I know you have been busy and I just want you to know that if I can get mine dismissed your client should as well. I want to wish you the best of luck in everything you do. I didn't even get to plead in my case, as I walked up the judge asked me if I was in the same situation as the person before me and I told him "yes". He said that mine was dismissed. It made it a great day for me and I hope it made your day as well. Like I say I don't know how to say Thank you to you. But I really really do mean it when I say it and I want to say Thank You very very much for all of the advice.

Thank You,

Patrick Evans

Ever since the KSTP-TV coverage of the seat belt defense in Dakota County District Court case State of Minnesota v. Sara Rechtzigel, the phone of criminal defense attorney Erick Kaardal has been ringing off the hook. 

Kaardal reports, "I have received eight calls from criminal defendants or their attorneys regarding charges based on stops for seat belt violations.  In all but two of the cases, the people calling were unrepresented by attorneys. In the other two cases, attorneys were representing the parties -- one of whom was a Hennepin County public defender.  In each instance, I have shared the written law with the people who, in turn, have indicated that they will argue in five different counties (Anoka, Dakota, Hennepin, Scott and Washington Counties) to five different judges that 'the state should enforce the written laws -- not the unwritten laws.'  I am so proud of these people and their willingness to stand up for the rule of law in Minnesota -- despite what the prosecutors and police have said and done.  All eight people have told me that they will report back their court results based on the seat belt defense.  Stay tuned to neopopulism.org to find out more."

On July 7, 2010, U.S. District Court Judge (Iowa) Mark Bennett issued an order determining that Osceola County Sheriff Douglas Weber had violated the 1st Amendment free speech rights of political activist Paul Dorr.  Sheriff Weber denied Dorr a conceal and carry permit because Dorr joined the Osceola County Taxpayers Association which was engaged in criticizing the Osceola County government's spending habits. 

As part of the court's decision, the federal judge has ordered the county sheriff to attend a college-level course on the U.S. Constitution. 

The Sioux City Journal ran an article summarizing yesterday's opinion. It can be found here.

The Minnesota Lawyer, the state's leading legal newspaper, has profiled neopopulism.org's advances and victories in its July 2, 2010 issue.  The article can be found here online.

Attorney Erick Kaardal comments, "It means a lot to neopopulists that the Minnesota Lawyer is following neopopulism.org.  It's a great newspaper.  Thank you."

On July 2, 2010, KSTP-TV covered the seat belt case being prosecuted in Dakota County District Court.  The interview of Erick Kaardal can be found here.

Attorney Erick Kaardal responds, "The seat belt case poses important public law issues.  Can Minnesota's prosecutors and law enforcement community enforce unwritten laws?  Should the State of Minnesota have two sets of laws: written laws and unwritten laws? From a neopopulist perspective, this issue was decided a long time ago when Minnesota established the Office of Revisor to publish Minnesota's official laws.  The official written laws are published by the Office of Revisor.  All other laws are unofficial, unwritten laws.  Because the official, written laws prohibit traffic stops based on mere seat belt violations, the Dakota County District Court should allow my client Sara Rechtzigel to go free."

In this criminal case, the State of Minnesota (City of Lakeville) is prosecuting Sara Rechtzigel for a seat belt violation.  The prosecution admits that Rechtzigel was pulled over by the police officer on a suspicion that Rechtzigel was not wearing a seat belt.

Rechtzigel has made a motion to the Dakota County District Court that the charges should be dismissed because the prosecutor is relying on an unwritten law to permit the police officer stop based on a seat belt violation being a primary offense.  The official law, published by the Office of the Revisor, prohibits stopping an automobile for a mere seat belt violation:  a moving violation is required for a traffic stop

The Dakota County District Court judge heard the case on June 3, 2010.  A court decision is expected in July or August.

The Iowa media is beginning to cover the U.S. District Court decision in the Dorr gun case.  The Sioux City Journal covered the court's ruling here.  Another cite to an Iowa media page can be found here. 

FOR IMMEDIATE RELEASE

June 17, 2010                                                           

CONTACT: Vince Fahnlander, 612-341-1074 

Sioux City, IA 

In a stunning verdict from the bench yesterday, U.S. District Court Judge Mark Bennett announced that Osceola County, IA Sheriff Doug Weber’s denial of Paul Dorr’s concealed weapon permit in 2007 “Was the most egregious violation of the 1^st Amendment he has witnessed in his 16 years serving on the bench.” 

Paul Dorr and his son Alexander Dorr filed suit in the United States District Court for the Northern District of Iowa in October 2008, against Sheriff Weber and Osceola County, Iowa, claiming violation of their 2^nd Amendment rights.  Sheriff Weber stated in sworn deposition testimony in November 2009 that he denied Paul Dorr’s conceal carry permit because of Paul Dorr’s speech and political activities in Osceola County.  The Dorrs then amended their claim to include a violation of their 1^st Amendment rights as well.  

When asked at trial in federal court yesterday, “What changed from 2006 (when Sheriff Weber last granted Dorr’s permit) to 2007 (when Sheriff Weber denied Dorr’s permit), Sheriff Weber admitted, “He began writing letters and handing out brochures for the Osceola County Taxpayers Association.” These are all constitutionally protected activities.  

Under cross examination by Dorr’s attorneys, Sheriff Weber could not produce evidence to support his denial of Paul Dorr’s permit.  Neither could the defendant’s only other witness, Dan DeKoter.   

Judge Bennett announced that he hadn’t passed judgment from the bench before, always taking it under consideration and issuing a written judgment later.  But in Paul Dorr’s case he ruled for the first time, from the bench, on behalf of Dorr.  

To minimize any harm to the Osceola County taxpayers, Dorr waived any claim for compensatory or punitive damages prior to the trial.  In his ruling, Judge Bennett also announced, “If I had the legal authority I would order punitive damages be paid as well.” Judge Bennett also announced that if the law permits he may order Sheriff Weber to a take a remedial class in the 1^st Amendment. 

Attorney Vince Fahnlander stated, “The judgment reinforces that the First Amendment will protect those voices that speak out against the government, and will not tolerate retaliation for speaking out on opinions against governmental authority .”   

The Dorrs were represented by attorneys Bill Mohrman and Vince Fahnlander of the Minneapolis law firm Mohrman & Kaardal, P.A.

A U.S. District Judge in Sioux City, Iowa, on June 16, 2010, granted a direct verdict to Paul and Alexander Dorr in a First Amendment trial.  The case involved the Osceola County Sherrif denying conceal and carry gun permit applications to Paul Dorr because of the plaintiff's political association with the Osceola County Taxpayers Association.

Attorney Erick Kaardal explains, "This is a great neopopulist victory.  For a federal judge to recognize that government officials can not administratively punish the people for their political views is a blow to the government and great victory for the people.  It should give the people hope that the playing field can be levelled and that the people can manage their government -- without fear of retribution."

As soon as the written opinion is issued, it will be linked to this webpage.

Neopopulism.org is an anti-ideological and anti-partisan website.  Nonetheless, it is delightful to see ideological websites -- left or right, quoting this website.  Another example on a leftish blog was found here.  The website is called Democracy for California.