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MATTER OF WELFARE OF R.A.V.

No. C8-90-1656.

464 N.W.2d 507 (1991)

In the Matter of the WELFARE OF R.A.V.

Supreme Court of Minnesota.

January 18, 1991.

Attorney(s) appearing for the Case

Steven C. DeCoster, Asst. County Atty., St. Paul, for appellant.

Edward J. Cleary, St. Paul, for respondent.

Steven W. Zachary, St. Paul, for NAACP, amicus curiae.

Mark S. Weitz, Timothy R. Meyerson, Lawrence P. Schaefer, Leonard, Street and Deinard, Minneapolis, Jeffrey D. Sineusky, Stephen M. Freeman, Michael A. Sandberg, New York City, amicus curiae, for Anti-Defamation League of B'Nai B'Rith.

Robert J. Alfton, City Atty., and Mitchell Lewis Rothman, Deputy City Atty., Minneapolis, amicus curiae, for City of Minneapolis.

Heard, considered and decided by the court en banc.

TOMLJANOVICH, Justice.

The City of St. Paul alleges that between 1:00 a.m. and 3:00 a.m. on June 21, 1990, R.A.V. participated in burning a cross inside the fenced yard of an African American family's home. In connection with this incident, the City charged R.A.V. with violating St. Paul, Minn.Leg.Code § 292.02 (1990), which provides that

[w]hoever places on public or private property a symbol, object, appellation, characterization or graffiti, including...

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