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STATE v. WICKLUND

No. C7-97-1381.

576 N.W.2d 753 (1998)

STATE of Minnesota, Appellant, v. Freeman Algot WICKLUND, et al., Respondents.

Court of Appeals of Minnesota.

April 7, 1998.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul; and Sandra Henkels Johnson, Bloomington City Attorney, Bloomington, for appellant.

Larry B. Leventhal, Michael C. Hager, Larry Leventhal & Associates, Minneapolis, for respondents.

John M. Sheran, Jeffrey A. Eyres, Susan M. Humiston, Leonard, Street and Deinard, P.A., Minneapolis, for amicus curiae Mall of America Company.

Randall D.B. Tigue, Minneapolis, for amicus curiae Minnesota Civil Liberties Union.

Carla J. Heyl, St. Paul, for amicus curiae League of Minnesota Cities.

Charles F. Webber, Faegre & Benson LLP, Minneapolis; and Edward J. Sack, New York City, of counsel for amicus curiae International Council of Shopping Centers, Inc.

Carla J. Pedersen, Richard L. Evans, McGrann Shea Franzen Carnival Straughn & Lamb, Minneapolis, for amicus curiae Greater Minneapolis Building Owners & Managers Association and Building Owners and Managers Association International.

Considered and decided by HUSPENI, P.J., and RANDALL and MANSUR, JJ.

OPINION

MARTIN J. MANSUR, Judge.

This appeal is from a pretrial order denying respondents' motion to dismiss but ruling in respondents' favor on the legal issue of whether the Mall of America is a "public forum" for purposes of the free speech provision of the Minnesota Constitution. Respondents are charged with misdemeanor trespassing. Minn.Stat. § 609.605, subd. 1 (1996). We reverse.

FACTS

Respondents Freeman Wicklund, Althea Schaffer...

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