ADVERTISEMENT

ADVERTISEMENT

Port: Fargo Mayor signs order allowing weapons ban ahead of expected Black Lives Matter protest

IMG_5852.jpg
Claude Vyomuugu raises a fist at Fargo police headquarters on May 30 during the Fargo Marches for George Floyd protest. C.S. Hagen / The Forum
We are part of The Trust Project.

MINOT, N.D. — As part of the preparations for an expected Black Lives Matter protest on Friday, June 19, Fargo Mayor Tim Mahoney has signed an order that, among other things, prohibits the carrying of weapons.

Among the justifications for the order is this passage in which the city claims to be aware of plans for some protesters to carry weapons:

EMBED: Mahoney Order Weapons 1

Based on that justification, among others, Mahoney's order goes on to describe a series of measures and restrictions which could be in place, including a ban on "carrying or possession" of weapons in specific areas.

ADVERTISEMENT

City officials will also be able to, among other things, evacuate certain areas, put a curfew in place, and restrict the operation of businesses.

EMBED: Mahoney Order 2

It's the weapons order that may give the City of Fargo some problems.

The order lists weapons, and that list doesn't include firearms, but the order also suggests that the prohibition isn't limited to the listed weapons.

Firearms are, without question, weapons, and in North Dakota, public officials do not have the authority to prohibit their lawful possession or carry. Even, precisely, in times of emergency.

Here's section 37-17.1-29 of the North Dakota Century Code which was created by the Legislature to expressly prohibit exactly what Mahoney is trying to do:

ADVERTISEMENT

EMBED: Mahoney Order 3

The statute goes on to say that an "individual aggrieved by a violation of this section may commence a civil action against any person who subjects the individual, or causes the individual to be subjected, to an action prohibited by this section."

The mayor's order may be creating some severe legal liability for the City of Fargo, depending on how it's enforced. Whatever your politics, the Black Lives Matter protesters have the same rights as the rest of us, up to and including the Second Amendment.

Frankly, the entire order seems a bit heavy-handed, especially for someone who has been going out of his way to talk about how peaceful the Black Lives Matter demonstrations have been.

We know, from what we can see outside the smog of woke politics, that often these protests have not been peaceful. We know that elements in the ranks of the protesters have used violence, and continue to advocate for violence. The City of Fargo must put in place policies to balance the rights of political protesters with public safety.

But part of the proper response to the Black Lives Matter movement should be dignified and respectful treatment.

Mahoney's order makes it seem like the enemy is at the gates, and even beyond the legally dubious restrictions on weapons, and that's about as helpful as Fargo Police Chief David Todd calling the protesters "thugs" in internal department communications .

Don't get me wrong, the violent protesters are thugs, but the chief of police needs to be a big more cognizant of the situation he's operating in, and conduct his professional business accordingly.

ADVERTISEMENT

Here's the full order:

To comment on this article, visit www.sayanythingblog.com

Rob Port, founder of SayAnythingBlog.com, is a Forum Communications commentator. Reach him on Twitter at @robport or via email at rport@forumcomm.com .

Related Topics: BLACK LIVES MATTERTIM MAHONEYNORTH DAKOTAFARGO
Opinion by Rob Port
Rob Port is a news reporter, columnist, and podcast host for the Forum News Service. He has an extensive background in investigations and public records. He has covered political events in North Dakota and the upper Midwest for two decades. Reach him at rport@forumcomm.com. Click here to subscribe to his Plain Talk podcast.
What to read next
The proposed 8.5% increase for Cass County employees would require raising property taxes by $3 million. It's appalling that the Cass County Commission is even considering raising taxes while families are themselves struggling with inflation.
Despite the Greater North Dakota Chamber being the single largest financial supporter of an attempt to make it harder to pass citizen-led initiated measures, oil and coal interests were right behind.