Appeals court tosses restraining order against activist who told Minneapolis council member he knew where he lived and was ‘coming for you’

The Minnesota Court of Appeals threw out a restraining order that a Minneapolis City Council member had obtained against an activist who screamed profanities at a public meeting and yelled, “I know where your family lives,” and “I’m coming for you.”

The Minnesota Court of Appeals ruled the statements were a single incident, and state law requires multiple incidents to justify a restraining order, according to a split opinion of a three-judge panel handed down Monday.

The ruling stems from an acrimonious stretch of council meetings in late 2022 and early 2023 when crowds of left-wing activists filled council chambers and hallways, shouted down certain council members they disagreed with and followed them through skyways and sidewalks.

In late February 2023, three moderate council members — Michael Rainville, LaTrisha Vetaw and Emily Koski — filed police reports, alleging intimidation, harassment and threats.

Most of the conflict involved a city decision to raze a derelict building formerly home to the Roof Depot in the East Phillips neighborhood and build a public works facility in its place. Groups of activists, some of whom represent Indigenous causes, opposed the demolition. The city and one of the primary groups eventually reached an accord to sell the parcel to a nonprofit, although the future of the site remains in limbo.

In March 2023, Rainville won a restraining order against Mike Forcia, a longtime activist for Native rights, after a hearing before Ramsey County Judge Joy D. Bartscher. The judge ordered Forcia to keep his distance from Rainville, though Forcia would still be allowed to attend public meetings.

Forcia appealed. Forcia’s argument hinged on whether his actions during the roughly hourlong council meeting on Feb. 23, 2023 — a meeting that was recessed so security could clear Forcia and other activists from the chamber — constituted a single incident or multiple incidents.

Because it was contained essentially to one room and covered a continuous meeting, it should be considered a single incident, according to Judges Elise L. Larson and Theodora Karin Gaïtas, both appointees of Gov. Tim Walz.

In dissent, presiding Judge Francis J. Connolly, who was appointed by Gov. Tim Pawlenty, said Forcia’s words, which included calling Rainville a profanity as Forcia encroached on the dais where Rainville sat, were not protected political speech, but rather “fighting words,” and his pledges to “attack [Rainville] every time we see you” were “true threats.”

Forcia, a onetime leader of the American Indian Movement, gained attention in 2020 for pulling down a 90-year-old statue of Christopher Columbus on the grounds of the State Capitol in front of State Patrol officers. He was sentenced to community service.

On Monday, he remained unapologetic for that act, as well as his actions during the council meeting in question.

“They have what’s called etiquette and what they call decorum,” Forcia said in an interview Monday. “I do not subscribe to them, because how much decorum and etiquette was used when my people were run off their land? I think my actions were perfect.”

So without a restraining order, will Forcia make good on his pledge to, as he wrote in a social media post at the time, “ATTACK them and Mayor Jacob Frey [verbally] wherever you find them”?

“I am,” Forcia said of harassing Rainville. “I’m not gonna stalk the guy, but if I see him out, I’m gonna confront him.” Forcia said he never intended to physically harm Rainville, who was 69 at the time, recovering from surgery, and testified that he felt physically threatened.

It’s unclear if Rainville will attempt to appeal. He declined to comment Monday, saying he had not had a chance to speak with his attorney about the ruling.