Rental Code Appeal

Below are documents related to the Rental Code appeal. The Plaintiffs are asking for the MN Supreme Court to accept the case and thus bypass the MN Court of Appeals.  I’ve also included the press release from the Institute of Justice.

I wonder whether the City has made a good faith effort to resolve this case.  How would we know?

Statement of the Case

Petition for Accelerated Review

Press release re PAR 2-23-10

State v. Larsen (Ice House search case) from Larsen:

“The right to be free from unauthorized entry into one’s abode is ancient and venerable.  As William Pitt, Earl of Chatham, so vividly put it in 1766:

The poorest man may in his cottage bid defiance to all the forces of the Crown.  It may be frail, its roof may shake; the wind may blow through it; the storm may enter, the rain may enter—but the King of England cannot enter; all his force dares not cross the threshold of the ruined tenement!

Speech on the Excise Bill, House of Lords (1766),inThe MacMillan Book of Proverbs, Maxims, and Famous Phrases 1191-92 (Burton Stevenson ed., 1948).  Similarly, the dissenting opinion of Justice Brandeis in Olmstead v. United States, 277 U.S. 438 (1928), memorably captures the importance of this fundamental right:

[T]he right to be left alone—the most comprehensive of rights and the right most valued by civilized men.  To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.” Id. at 478 (Brandeis, J., dissenting).

Update: The American Civil Liberties Union, ACLU, and the St. Paul Association of Responsible Landlords have filed requests to file Amicus (friend of the Court) briefs in this case.


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Filed under Accountability, Open Meeting Law/ Data Practices, Red Wing, Red Wing City Council, Rental Code

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