Geoffrey M.

Grodner
Attorney at Law

gmg@lawmg.com

July 28, 2019

Mayor John Hamilton

City of Bloomington By Electronic Mail
Mayor@bloomington.in.gov
diekhofm@bloomington.in.gov
Chief Michael Diekhoff
City of Bloomington

Re: Farmer’s Market Saturday, July 27

Dear Mayor Hamilton and Chief Diekhoff:

I was present at the Farmer’s Market yesterday for around 3 hours. Your administration and
your Police Department chose to arrest a woman peacefully protesting. Attached to the email in
which this letter is being sent are videos of the protestor which clearly demonstrate she was not a
threat, did not interfere with market customers and was not disorderly. At the same time, your
administration and your Police Department took no action against a group of between 12 and 20
men stationed in and around the Schooner Creek stand harassing and physically intimidating
market visitors expressing displeasure with the Schooner Creek owners. Attached to the email in
which this letter is being sent is a photograph of a portion of the group of men.

While at the market, I spoke with two customers who said they had been verbally threatened and
physically intimidated by these men. One of the customers went to the Police Officers present
and said he wanted to file a complaint. He was told that the Police were too busy to take his
complaint and he would have to go the Police Station. After I learned of that encounter, I went
to the Officers, identified myself as an attorney, and they then agreed to take the gentlemen’s
complaint. When the gentlemen was advised that his personal information would become
available to the perpetrator and likely the entire group of men, he said he feared retribution and
declined to proceed with the complaint. Following that discussion, the Police Department
continued to take no action against the group of men who clearly continued to intimidate and
harass market customers. This in a City that prides itself on being safe and civil.

The City has stated that it cannot take action against Schooner Creek because of their First
Amendment rights. However, despite the fact their presence at the market has brought elements
to the market that have made market customers feel threatened and apparently caused a drop in
market attendance, the City chose to arrest a peaceful protester rather than remove those
responsible for the current atmosphere. If the City believes it was appropriate to arrest the
protester for trespassing and causing a “disturbance”, despite her First Amendment rights, then
Mayor John Hamilton
Chief Michael Diekhoff
July 28, 2019
Page 2

the question must be asked why is the City unwilling to take action against Schooner Creek and
those individuals who came yesterday to threaten and intimidate?

The manner in which the administration and the Police Department chose to act yesterday
violated the rights of the protestor and has now put her in potential danger. The administration
and the Police, rather than simply removing the protestor from the market, chose to arrest her and
charge her with criminal trespass. The Police Department then released her name and address to
the Herald Times. The HT posted a story last evening, that was then in this morning’s print
edition, containing her name and address. She, like the gentlemen that declined to file a
complaint, is afraid of possible retaliation. Given the conduct yesterday detailed above of the
group of men, her fear is reasonable.

The actions of the City and the criminal charges will be addressed in the defense of the charges
filed against the protestor and in a possible civil rights lawsuit against the City. However, the
criminal defense proceedings and possible civil litigation may never explain the administration’s
poor judgment and decision making or the Mayor’s lack of leadership in addressing the concerns
with the Farmer’s Market.

Sincerely

Geoffrey M. Grodner

GMG:nb
10502-21/20290728 GMG to Hamilton & Diekhoff

Attachments
pc: Mary Catherine Carmichael (carmichm@bloomington.in.gov)
Kurt Christian (kchristian@heraldt.com)
Mick Renneisen (renneism@bloomington.in.gov)
Dave Rollo (rollod@bloomington.in.gov)

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