After late-August protests, Cleveland and Filson were put on leave from their jobs. Photo: Andy Birkey, MnIndy

Anoka-Hennepin School District 11 teacher Diane Cleveland filed a lawsuit against the Minnesota Department of Human Rights (MDHR) in Ramsey County District Court Monday, alleging that earlier this summer it wrongly disclosed that she had been accused of harassing a student over his perceived sexual orientation.

Cleveland and another teacher, Walter Filson, who worked at the Secondary Technical Education Program (STEP), which gives 11th and 12th graders the opportunity to receive college credit, allegedly made jokes, comments and innuendos about former student Alex Merritt’s supposed sexual orientation. The teachers were put on unpaid leave, while the case, which received plenty of media attention and public outcry, concluded with a $25,000 settlement agreement in August 2009 between the district and Jodi Merritt, Alex’s mother.

The 28-page complaint (pdf) against the human rights department, which states that she was “portrayed in a negative fashion,” contends that MDHR violated some parts of the Minnesota Human Rights Act (363A.01 et. al.) and the Minnesota Government Data Practices Act, Chapter 13, when it printed her name online and provided the summary investigation, which names her, to the Star Tribune.

Cleveland’s attorney, Philip Villaume, said the case centers on her right to privacy. “The law is complicated, but the allegations are simple,” he said.

In the original complaint Cleveland wasn’t a respondent but a witness, so the department “did not have the right to use her name … It violated the confidentiality part of the settlement.”

The original charging documents don’t mention her by name and she was never interviewed by MDHR. That she’s a public employee doesn’t factor into it, he said.

Villaume declined to comment about why the other teacher isn’t a plaintiff in the case, whom he added he doesn’t represent. A press release from Villaume’s office states: “Plaintiff stresses that this action has absolutely nothing to do with the minor child’s complaint filed with the MDHR, only the release of private data by the MDHR.”

Cleveland wants a restraining order and an injunction “restraining the Defendant from publishing her name on their website or dissemination of any information relating to the Plaintiff effective until a trial on the merits of this case,” according to the complaint. She’s also seeking $50,000 in damages, including lost wages, anxiety, humiliation, pain, suffering, mental anguish attorneys’ fees and more.

Jeff Holman, spokesman for the state human rights department, passed on a response from MDHR legal affairs manager, Michael K. Browne, who said that the department acted lawfully under the Minnesota Human Rights Act.

“The Commissioner has a duty to eliminate discrimination through education,” he said, adding that she has the authority to choose the most effective means. “The Department publishes information on closed cases and settlement agreements on its web site, as it did in this case, to fulfill its legislative mandate to educate Minnesotans about their rights and responsibilities under the Act.”

Further, under the law, he said, information is public once a case is closed. MDHR is required to release certain documents upon request.

“The charge included the names of those involved, including teacher Diane Cleveland; refusing to release the charge, or withholding any part of it, would potentially violate the Act,” he said.

Local data practices expert Donald Gemberling said the human rights commissioner has some latitude in releasing information for educational purposes, “showing people how to not get into trouble with the Human Rights Act,” he said.

But he’s unsure if it’s ever been tested.

“The fact that someone is not a respondent is an interesting argument,” he said, adding that it seems well within the department’s authority to do what it did. Sometimes settlement agreements include a provision for confidentiality, but it has no legal effect. “Settlements are public if they involve government entities,” he said.

Many aspects of the data practices law are black and white, but how information about public employees gets handled is murkier. It’s unclear how information flowed from the school district to the state department. Normally, when a department has some leeway in instances like this, “the judge favors the department,” Gemberling said.

CREW’s Matt Jacob told the Minnesota Independent that House members aren’t supposed to use their congressional websites to urge public action on behalf of or against pending legislation.

In its letter (pdf) CREW cited this House rule:

The content of a Member’s Web site … [m]ay not include grassroots lobbying or solicit support for a Member’s position.

Bachmann’s website, CREW says, urged “[t]he people” to travel to Washington, D.C. “and tell their Representatives to vote no to a governmental take-over of one-fifth of our economy.”

Bachmann announced the Nov. 5 “House Call” rally on Fox News on Oct. 30. That left enough time for Bachmann to meet the five-day lead time required to apply for a permit for an event on the Capitol grounds, according to a U.S. Capitol Police guidelines that CREW includes in its supporting documents (pdf).

CREW’s complaint doesn’t cover another apparent aspect of Bachmann’s official efforts as impresario of the Capitol-steps anti-health care rally. According to the Savage (Minn.) Pacer newspaper, Bachmann’s staff helped a man not from her congressional district to find a nearby bus from Eden Prairie, Minn. headed to Washington, D.C. for the rally:

So he called the Savage Chamber of Commerce trying to get a carpool together of other interested business owners. No one contacted him, so he began asking friends and other business owners and then contacted Rep. Michele Bachmann’s office where he found out about the buses leaving Eden Prairie.

The OCE is a newly formed body that has been on the receiving end of sniping from the longer-in-the-tooth but slow-off-the-mark House Ethics committee. Jacob told MnIndy the tally of CREW’s complaints to the OCE is so far “not a huge number.”

Both complaints involved Bachmann’s Nov. 5 rally against health-care reform in front of the U.S. Capitol.

Israel, of New York, used YouTube to voice his displeasure with prominent protest signs at the Bachmann event depicting Holocaust victims. A statement Bachmann released this week contains an apology of a sort.

On his TV show, Stewart took Hannity to task for inserting footage from another, larger rally into scenes from Bachmann’s event. Here’s Stewart’s take on Hannity’s sort-of apology.

Media Matters has a rundown of Fox’s past video trickery.

Here is Hannity’s original Fox News segment about Bachmann’s rally:

Update: On Wednesday’s show, Hannity acknowledged that Fox used the wrong footage.

Bachmann’s comments:

The American people overwhelmingly reject the government takeover of our health care. Last Friday a couple from Hawaii decided the time was so short they needed to get on a plane, come to Washington, to beg their representative to vote no — from Hawaii. What sacrifices freedom-loving Americans are making to get their government’s attention. And how big our government has gotten. They brought me this beautiful, precious lei and I’m reminded that the one who created this lei also created our freedom. Are we so insensible to the high cost our forebearers paid to purchase our freedom? Tonight, would we foolishly bargain those freedoms away? The American people, our forebearers, generations yet unborn are crying out to us tonight, for us to preserve their freedoms. Vote no on the government takeover of health care.

Both of Hawaii’s Members of Congress voted yes on the bill.

Here’s the video of Bachmann’s speech:

Another prop has prompted a demand from one of her colleagues in Congress that Bachmann apologize. Rep. Steve Israel (D-N.Y.) objects to signs depicting Holocaust victims that protesters brought to Bachmann’s rally against health-care reform last Thursday on Capitol Hill:

I just cannot believe that Congresswoman Bachmann sponsored and brought to the American people, the use of images from the Holocaust, actual photographs of the skeletal remains of people from the cremetoria, in order to make a point about the health insurance bill. I can’t believe that Congresswoman Bachmann would stand where she stood and see those images and not have the common decency to say, “I disagree with the use of those images.”

Photo: Graham Moomaw, The Washington Independent

There’s word that “Stunning” Steve King, congressman from Iowa, wants a Saturday reprise of U.S. Rep. Michele Bachmann’s “Superbowl of Freedom” rally against health care reform. Before a second “House Call” protest blurs memories of the original, here is a sampling of reportage from a pair of eyewitnesses to Bachmann’s achievement on Thursday.

The Huffington Post’s Sam Stein sought to mix freely with the folks Bachmann brought out, but he found his reporter’s notebook — and eventually, his sought-after business cards — gave him away:

On Thursday, I ventured down to Capitol Hill with a professional death wish. I was going to mingle with a group of tea partiers to get a sense of what, exactly, keeps their clocks ticking. For two-and-a-half hours, I got the Glenn Beck treatment — accused of, among other things, subverting freedom, working for a communist propaganda outlet, and having a soulless devotion to slander and scandal.

One woman picked up her items and moved away — taking her family with her — after I settled down on the Capitol’s front lawn. At another point a man, who seemed generally concerned about my safety, whispered in my ear: “You’re a sheep amidst the wolves in this crowd, son.”

And yet, a funny thing happened on the way to Rep. Michelle Bachmann’s (R-Minn.) “Super Bowl of freedom.” I was adopted — in a way — by a group of tea baggers. Sure, the politics they spoke seemed dripped in abject paranoia. But there was, at the very least, a sense of mutual respect. How else, after all, should one feel about people so devoted to a cause that they would skip work and travel hundreds of miles for a milquetoast protest?

The Washington Post’s Dana Milbank asked if it didn’t “send the wrong message for House Republicans to hold an event on the Capitol grounds full of hateful and gruesome words and images,” noting in any case that it wasn’t technically a rally.

Technically, Thursday’s GOP-sponsored rally at the Capitol was a “press conference” (a Capitol Police spokeswoman explained that the lawmakers didn’t have a permit for a demonstration). The speakers took no questions at this news conference, instead calling, at least a dozen times, for the Pelosi bill’s death.

But, as with a similar rally by Democrats a week before, unpredictable things tend to happen in the wide-open spaces of the Capitol’s West Front. Minutes into the rally, a breeze toppled the American flag from the stage.

More ominously, a man standing just beyond the TV cameras apparently suffered a heart attack 20 minutes after event began. Medical personnel from the Capitol physician’s office — an entity that could, quite accurately, be labeled government-run health care — rushed over, attaching electrodes to his chest and giving him oxygen and an IV drip. This turned into an unwanted visual for the speakers, as a D.C. ambulance and firetruck, lights flashing, pulled in just behind the lawmakers. A path was made through the media section, and the patient, attended to by about 10 government medical personnel, was being wheeled away on a stretcher just as House Minority Leader John Boehner (R-Ohio) stepped to the microphone. “Join us in defeating Pelosi care!” he exhorted. A few members stole a glance at the stretcher.

Photo: Graham Moomaw, Washington Independent

In headlining Thursday’s “House call” protest against health-care reform, U.S. Rep. Michele Bachmann was going rogue on her own party’s leaders, who had hoped to focus the day’s attention on their own 12-hour, online health-care “town hall.”

David Weigel, of the Washington Independent (a Minnesota Independent sister site) writes:

This isn’t a surprising turn of events. In the run-up to the Sept. 12 march on Washington, Rep. John Boehner (R-Ohio) and Rep. Eric Cantor (R-Va.) were surprise guests at a Sept. 10 rally outside the Capitol. That event was actually identical to this one–protesters fanned out after the rally to talk to their members of Congress. But the crowd at that rally was smaller and more controlled, with most protesters holding FreedomWorks signs that had been passed out. The crowd at this rally was far less on-message. By the end of the day, the images that made it out of the rally were of protesters waving signs comparing health care reform to the Holocaust, and the video that made it out of the protest was heavy on Bachmann — one of the people Rep. Roy Blunt (R-Mo.) seemed to be referring to in a cryptic October comment about how to deal with a “problem member” who keeps making news.

Photo: Graham Moomaw, The Washington Independent

The Minnesota Independent’s sister site, the Washington Independent, was on the scene Thursday for U.S. Rep. Michele Bachmann’s “House Call” protest against health care reform at the U.S. Capitol.

Here is a video of the rally by TWI’s Graham Moomaw:

Update: This video clip by Moomaw features interviews with protesters:

And here is a slideshow of photos by Moomaw from the event:

The crowd’s chant of “Kill the Bill” was also heard in August from a more confined but no less riled group of protesters at U.S. Rep. Betty McCollum’s St. Paul office (MnIndy video post).

Photo: The Washington Independent

At least 10 individuals attending Rep. Michele Bachmann’s “House Call” event to protest health care reform have been arrested outside an office of House Speaker Nancy Pelosi. The protesters were among the several thousand Tea Party activists that Bachmann invited to storm the Capitol on Thursday.

“They were inside an office and didn’t leave,” Sgt. Kimberly Schneider of the Capitol Police told the Washington Post. They were being charged with disorderly conduct and unlawful entry.

Talking Points Memo contributor Christina Bellantoni described the “strange scene” where the the protesters were being loaded into transport vehicles.

Like a bad game of telephone, the crowd spread rumors without anyone having witnessed exactly what happened.

Several people said the group had been arrested for praying. Others said the group was arrested for ripping up pages from the nearly 2,000-page health care bill.

“This is America, this is not the Soviet Union,” one woman said.

That woman later told the officers, “I know you guys are just doing your job but don’t you hate your job?”

“I’m embarrassed,” another woman told her friends.

“Read your history books,” another woman shouted at the officers.

“Thugs from Chicago,” a man shouted at police.

“Arrest Nancy Pelosi for treason. You’re arresting the wrong people,” another shouted.

The full resolution is after the jump.

RESOLUTION

Expressing gratitude and appreciation to the individuals and families who participated in the Taxpayer March on Washington on September 12, 2009.

Whereas, on September 12, 2009, hundreds of thousands of American patriots, who refuse to sit idly by as the Federal Government advances skyrocketing deficits, taxpayer-funded bailouts, pork-barrel projects, burdensome taxes, unaccountable policy czars, command-and-control energy policy, and a government takeover of health care, came to Washington, DC, to show their disapproval;

Whereas individuals also wanted to convey their displeasure with the future tax increases that will be required to pay for deficit-financed spending;

Whereas these individuals understand that the fundamental American principles of limited government and personal liberty are under direct assault;

Whereas this dedicated group of freedom-loving Americans believe in open, accountable, responsible, constitutionally based government;

Whereas hundreds of buses, multiple caravans of cars from across the country, and many individually chartered flights, as well as thousands of lone-traveling cars and trucks, brought these patriots to Washington, DC, solely for this event;

Whereas these individuals endured considerable personal expense to get to the march, including transportation and lodging expenses, as well as lost wages in many instances;

Whereas estimates of the number of people who peacefully marched from Freedom Plaza to the West Front of the U.S. Capitol on September 12, 2009, range as high as 1,700,000 marchers;

Whereas all 50 States were represented in the march;

Whereas this event is considered to be the largest ever gathering of fiscal conservatives in Washington, DC;

Whereas special accolades are due to the grassroots citizens organizations across the country who helped individuals exercise their constitutionally protected First Amendment rights in the Nation’s capital; and

Whereas when the current trends of government expansion and freedom retrenchment are reversed, it will be due in large part to the efforts of the hundreds of thousands who marched on Washington, DC, on September 12, 2009: Now, therefore, be it

Resolved, That the House of Representatives expresses its gratitude and appreciation to the hundreds of thousands of people who marched on Washington, DC, on September 12, 2009, to show their love of liberty and their grievance with recent government actions.