A special meeting was held on the first Wednesday in June to consider the ongoing issue of parking in Lakeview Cemetery, especially as pertaining to the rallies held weekly by Breakwall Indivisible. The issue was previously covered during the earlier Two Harbors City Council meeting on May 26th and tabled until the special meeting with the intent of determining a solution promptly, to avoid delaying the group’s gatherings much further.
For the past fourteen months, the local group known as Breakwall Indivisible has parked in Lakeview Cemetery. Every week, for one hour on Fridays (Saturdays during the cold months), they hold a peaceful rally along Highway 61 just outside the cemetery grounds. However, recently the group received a warning regarding parking: According to a notice from the City Administrator, under an ordinance from 1944, the cemetery cannot be used as a thoroughfare. Breakwall was given a warning that this includes parking in the cemetery, and that doing so would come at risk of being ticketed.
During the previous City Council meeting, Breakwall’s attorney, Cindy Kosiak, had expressed skepticism that the ordinance was ever meant to apply to parking and maintained that the group be allowed to continue parking or, at the very least, be granted a permit to do so. This proposal was rejected on the basis of there being no method to allow a permit to bypass the ordinance.
Further, there was debate over parking in the Veterans’ section of the Cemetery, with some vets seeing the parking as disrespectful, but others not seeing it as an issue. Members of Breakwall have maintained that they have nothing but respect for American veterans, with several members speaking on having family and friends buried in the area, as well as regularly honoring the graves on their way to and from the rallies. “My parents, grandparents, and greatgrandparents are all buried in our cemetery,” stated Sharon Ropes Erickson. She spoke of the group placing daffodils and regularly saluting the graves “in gratitude of their service.”
Many other members of Breakwall also came to speak and support their fellows, with each taking on a slightly different aspect of the multifaceted issue.
“One of the greatest ways we honor those who came before us is by protecting the freedoms they helped to build and preserve,” said local resident Gail Trygstad. “We can honor the dignity of the cemetery while also honoring the constitutional rights of our community members. Those values belong together, not in opposition to one another.”
Two Harbors Breakwall, the local chapter of the national movement Indivisible, has reason to be on the defensive concerning its activities. The rallies, like all those held under the umbrella of Indivisible, are intended to be pro-Democracy and anti-Authoritarian, with the young movement growing traction quickly in an environment which they see as increasingly hostile to truth, justice, and the American way. Given the high political tensions in the country at present, there are often questions regarding intentions in helping or hindering local branches such as Breakwall: In a time when hostile actions are often veiled under the pretext of innocence, what seems innocuous to one person may be perceived as a threat to another, especially stripped of context.
Nick Rockenbach highlighted the group’s support from the police from early in the process, stating that “this is about the unequal application of a law that we believe has been misinterpreted so as to infringe upon our First Amendment rights.”
Rick Evans agreed, noting the group has been “peaceful, safe, and respectful” throughout its existence. He gave his concerns that someone was trying to oppose the group, stating that “we did not pick this fight. Our efforts to be upfront and transparent with city officials are a matter of public record,” and that if the ordinance’s interpretation is correct, the group’s arrangement with local police is apparently illegal.
Councilor Redmann also expressed unease to the Council about the interpretation of the ordinance and its uneven application over the years, noting that much of it has not historically been enforced. As an example, he quoted a portion that apparently prohibits pets within the cemetery, despite residents walking dogs there on a daily basis. He also pointed out the cemetery’s use as parking for other events in the area.
City Attorney Costley clarified that his stance on the ordinance was given based on no personal feelings, but going by the standards held by cemeteries in other cities around the country, where parking is more often than not disallowed except for cemetery-related business.
Along a similar line was a written statement from Father Steven Laflamme, Pastor of Holy Spirit Catholic Church. The church owns the private Calvary Cemetery next to Lakeview Cemetery. In the letter read during the meeting, he describes Breakwall Indivisible as “a group of Two Harbors residents wishing to exercise their First Amendment right to gather for peaceful demonstrations,” but affirms that “I do not, and will not permit persons to park vehicles or otherwise use Calvary Cemetery property for anything other than cemetery-related purposes.”
Complicating the matter is accessibility for the elderly and disabled who wish to attend Breakwall’s rallies. Local resident Faith Clark formally requested ADA (Americans with Disabilities Act) Title 2 accommodation due to mobility issues. “I’m not asking for anything that would alter cemetery operations,” she said. “I’m simply asking for an effective way to access a public activity,” which is available to other residents.
Rose Amesbury also expressed a wish to accommodate the disabled. “By parking on the cemetery roads, people in wheelchairs, on canes, and in walkers are given a safe place to access their right to assemble,” emphasizing the purpose of Breakwall’s rallies as “standing for something far greater: Our Constitution of the United States.”
“Forcing attendees to park across Highway 61 and use crosswalks during heavy Friday evening traffic is dangerous,” resident Lanna Schwab said via email read aloud during the meeting, “especially given the history of pedestrian accidents in that area, even with the crosswalk.”
Two Harbors Police Chief Hogenson pushed the Council that, whatever their decision on the ordinance, they decide in a way made clear to everyone. “Something like this should not divide us. We need clarity on the issue so we can move forward.”
According to City Administrator Nordean, she was approached by a member of Lakeview Cemetery’s staff, who requested her help informing the Breakwall group they could no longer use the cemetery for parking. Nordean, who declined to name the staff member, expressed firmly that “believe it or not, this did not come from any political purpose whatsoever.” Instead, she ventured that the problem had more to do with the protest rallies going on for longer than anticipated, stating that, despite previous arrangements, the cemetery staff may have rethought their position. “Maybe [they] didn’t think this would go on for fourteen months when it was originally approved. I don’t know,” but reassured the group again that “there was no political intention. I promise you.”
The ordinance from 1944 was found and run by the City Attorney, then a notice to Breakwall was drafted. The Mayor approved the notice and it was sent out to the group, warning that parking in the cemetery would be done at their own risk. Several Council members expressed concern that they were not told about the ordinance or the notice to Breakwall beforehand, with Councilor Redmann stating that he felt “this was handled in the wrong way.”
“I do think that there’s a compromise that could be made,” Councilor Heil said, especially to accommodate the elderly and disabled. Further acknowledging the safety issues, Councilor Glaser asked to have the ordinance reviewed by the City’s Safety Committee.
Mayor Conner shared that, in the time since his approval of the notice sent to Breakwall, he had altered his opinion and now approved of finding both longterm and short-term solutions for parking in the area. City Attorney Costley confirmed for the Mayor and Council that they could change the ordinance as much or as little as they wanted, according to their preference.
The Council’s final motion consisted of three parts: First, a finding that the current city ordinance allows parking in Lakeview Cemetery on Fridays between 4:45 pm and 6:15 pm. Second, the Cemetery’s Director and Chief Hogenson will designate viable areas for groups to park within the cemetery. Third, the ordinance will undergo review with the Safety Committee for possible future amendment. The Council unanimously approved the motion.
With tensions during the meeting now largely lifted, Councilor Redden thanked City Staff, the City Attorney, and the Chief of Police for their participation in resolving the matter. Councilor Glaser ended by expressing her gratitude and, in response to a concern about the timeliness of a long-term solution, guaranteed the ordinance would be reviewed “before daylight savings time ends.”
