. ~ ,

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, . .

STATE OF MINNESOTA COUNTY OF HENNEPIN

State of Minnesota, Plaintiff,

Freeman Algot Wicklund, Alethea Ruth Jean Schaffer, Peter Benson Eckholdt, Alissa Ifetayo Eggert,

Defendants

DISTRICT COURT FOURTH JUDICIAL DISTRICT : 1

Case Type: Criminal

STIPULATION OF FACTS

File #96042987 File #96043228 File #96044022 File #96043061

TO THE ABOVE-NAMED COURT: The above-captioned matter comes on before the Court for preliminary hearing

upon Defendants ' Rule 17.06, Subd. 2(2) Motion for Dismissal. The parties hereto:

Plaintiff State of Minnesota, represented by Sandra H. Johnson, Associate Bloomington

City Attorney and Defendants Freeman Algot Wicklund, Alethea Ruth Jean Schaffer,

Peter Benson Eckholdt, Alissa Ifetayo Eggert, through their attorney Larry B. Leventhal,

Esq. , hereby stipulate to the following facts , as well as to the Court 's receipt of Joint

Exhibits A - AR.

STIPULATED FACTS

1. That on Sunday, May 19, 1996, at about 11 :57 a.m., defendants and

approximately six other individuals stood in the second floor courtyard area in front of

Macy's department store at the Mall of America within the City of Bloomington,

Hennepin County, Minnesota. holding placards and handing out literature providing

A-21 .

information on cruelty to animals associated with fur products and urging the boycott of.

Macy's at the Mall of America and initiating conversation with passersby.

2. Defendants had not received any express authorization from Mall of

America to conduct such a demonstration on the premises.

3. The purpose of the defendants' presence on the Mall of America property

was to communicate their views on the ethical treatment of animals and protest the sale of

items of clothing made from the fur of animals. They were not there to shop, dine or be

entertained.

4. The defendants did not engage in any loud, boisterous conduct nor did

they immediately endanger the safety of anyone.

5. Mall of America security officers approached each of the defendants

individually, advised each that holding placards and distributing handbills inside of the

mall constituted a violation of the Mall of America's rules of conduct and that he or she

would either have to discontinue these activities or leave the mall and that a refusal to do

either would subject him or her to arrest.

6. Some of the demonstrators left voluntarily. Defendants chose not to leave

or discontinue their picketing and leafleting.

7. Defendants were peacefully arrested by Bloomington police officers called

to the scene by the Mall of America and were issued citations for criminal trespass.

8. Mall of America is a 4.2 million square foot retail/entertainment facility

built on the 78 acre former Metropolitan Stadium site. It features 4 anchor stores,

including Macy's, and approximately 400 other retail establishments. Its entertainment

2

complex includes an amusement park, aquarium, night clubs, restaurants, multi-screen I

theatre and a miniature golf course. Its tenants include several service establishments,

such as a wedding chapel, post office (with retail component) and an alternative school.

9. The Mall of America periodically cosponsors special events such as the

"Golden Stars" senior citizen health and lifestyle program and "Family Fun Days" which

operate to increase the total number of prospective patrons entering the facility.

10. The construction and development of the Mall of America cost its private

investors approximately $700 million. The Bloomington Port Authority issued bonds

and notes to finance land and on-site improvements for the development, such as utilities,

parking, and roads, in the approximate amount of $105 million. This money will be

repaid for captured tax increment from the development district and local lodging and

liquor taxes.

This day of June, 1997.

This _ day of June, 1997

. Sandra Henkels Johnson Associate Bloomington City Attorney 2215 West Old Shakopee Road Bloomington, Minnesota 55431 (612) 948-3895 Attorney Registration #120649

Larry B. Leventhal, Esq. Attorney for Defendants Suite 420, Sexton Building 529 South 7th Street Minneapolis, Minnesota 55415 Attorney Registration #62534

3

A-2~

" ,,

'

STATE OF MINNESOTA COUNTY OF HENNEPIN

State of Minnesota, Plaintiff,

Freeman Algot Wicklund, Alethea Ruth Jean Schaffer, Peter Benson Eckholdt, Alissa Ifetayo Eggert,

Defendants

DISTRICT COURT FOURTH JUDICIAL DISTRICT

Case Type: Criminal

PROPOSED FINDINGS OF FACT

File #96042987 File #96043228 File #96044022 File #96043061

The above-captioned matter came on before the Honorable Jack Nordby, Judge of

the above-named court, for preliminary hearing upon Defendants' Rule 17.06, Subd. 2(2)

Motion for Dismissal on June 2, 1997 and June 3, 1997, at the Division I, Hennepin

County Government Center. Plaintiff State of Minnesota was represented by Sandra H.

Johnson, Associate Bloomington City Attorney and Defendants Freeman Algot

Wicklund, Alethea Ruth Jean Schaffer, Peter Benson Eckholdt, Alissa Ifetayo Eggert

were represented by their attorney Larry B. Leventhal, Esq .. Testimony was taken from

the following witnesses: Dr. Thomas Fisher, Dean of the School of Architecture &

Landscape Architecture, University of Minnesota; Dr. Judith Martin, Director of Urban

Studies, University of Minnesota; Clark Arneson, Administrator of the Bloomington Port

Authority; Clifford Boudreau. Security Director, Mall of America; Dale Lindgren,

Security Manager, Macy's Department store; Virgil Heatwole, General Manager, Mall of

America; Freeman Wicklund, Defendant; Peter Eckholdt, Defendant; Lt. Kent

Therkelson, Bloomington Police Department; Lori Meyer, Former Assistant Security

Manager - Mall of America; Douglas Schnittgen, Mall of America Security Officer. The

parties had previously stipulated to the Court's receipt of 43 exhibits and to the following

facts:

STIPULATED FACTS

1. That on Sunday, May 19, 1996, at about 11 :57 a.m., defendants and

approximately six other individuals stood in the second floor courtyard area in front of

Macy's department store at the Mall of America within the City of Bloomington,

Hennepin County, Minnesota, holding placards and handing out literature providing

information on cruelty to animals associated with fur products and urging the boycott of

Macy's at the Mall of America and initiating co.nversation with passersby.

2. Defendants had not received any express authorization from Mall of

America to conduct such a demonstration on the premises.

3. The purpose of the defendants' presence on the Mall of America property

was to communicate their views on the ethical treatment of animals and protest the sale of

items of clothing made from the fur of animals. They were not there to shop, dine or be

entertained.

4. The defendants did not engage in any loud, boisterous conduct nor did

they immediately endanger the safety of anyone.

5. Mall of America security officers approached each of the defendants

individually, advised each that holding placards and distributing handbills inside of the

mall constituted a violation of the Mall of America's rules of conduct and that he or she

would either have to discontinue these activities or leave the mall and that a refusal to do

either would subject him or her to arrest.

2 A-26

6. Some of the demonstrators left voluntarily. Defendants chose not to leave

or discontinue their picketing and leafleting.

7. Defendants were peacefully arrested by Bloomington police officers called

to the scene by the Mall of America and were issued citations for criminal trespass.

8. Mall of America is a 4.2 million square foot retail/entertainment facility

built on the 78 acre former Metropolitan Stadium site. It features 4 anchor stores,

including Macy's, and approximately 400 other retail establishments. Its entertainment

complex includes an amusement park, aquarium, night clubs, restaurants, multi-screen

theatre and a miniature golf course. Its tenants include several service establishments,

such as a wedding chapel, post office (with retail component) and an alternative school.

9. The Mall of America periodically cosponsors special events such as the

"Golden Stars" senior citizen health and lifestyle program and "Family Fun Days" which

operate to increase the total number of prospective patrons entering the facility.

10. The construction and development of the Mall of America cost its private

investors approximately $700 million. The Bloomington Port Authority issued bonds

and notes to finance land and on-site improvements for the development, such as utilities,

parking, and roads, in the approximate amount of $105 million. This money will be

repaid for captured tax increment from the development district and local lodging and

liquor taxes.

Based upon the entire file, including the memoranda of counsel and that of both

Amicus Curie- MCLU and Mall of America, the record, exhibits and proceedings

herein, the Court makes the following additional:

-.

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FINDINGS OF FACT

11. While joint public/private shopping mall ventures do exist, such as San

Antonio's River Center where the city retained ownership of the land, was actively

involved in its planning, and maintains the landscaping and public spaces which remain

open 24 hours a day, the Mall of America is a privately owned and managed shopping

mall surrounded by public streets and sidewalks within the City of Bloomington, County

of Hennepin, State of Minnesota. [Testimony of Dr. Thomas Fisher, Dr. Judith Martin,

Clark Arneson, Virgil Heatwole and Lt. Kent Therkelson, Exhibit "V"].

12. Typical of privately owned and managed shopping malls, the Mall of

America's primary purpose is the generation of retail sales and entertainment revenue,

both of which are furthered by attracting large numbers of prospective shoppers for long

periods of time; hence, the Mall of America sponsors a number of events or attractions

not directly related to retail sales but aimed at attracting specific groups of prospective

patrons. [Testimony of Dr. Thomas Fisher, Dr. Judith Martin, Virgil Heatwole, Exhibits

"AB", "AE"].

13. The Mall of America's invitation to the public is restricted in that there are

hours of operation, rules of conduct, limited juvenile access, a dress code, and restricted

areas. [Testimony of Virgil Heatwole, Clifford Boudreau, Exhibit "D"].

14. On this moderately busy, late Sunday morning, several Mall of America

security officers were diverted from their regularly assigned duties to monitor the

approximate 12 persons stationed outside the second floor entrance to Macy's

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handbilling, holding posters and attempting to initiate conversation with other mall

guests. [Testimony of Lori Meyer, Douglas Schnittgen, Lt. Kent Therkelson].

15. Some passersby visibly avoided making contact with the demonstrators,

some spoke politely with them, others congregated nearby to simply observe their

actions. After approximately 15 -20 minutes, and after Macy's closed their doors at that

location, security was given the directive to approach each person and ask them to put

away their materials or leave the property; with the advice that they could take the

demonstration to the public sidewalks. [Testimony of Lori Meyer, Douglas Schnittgen,

Lt. Kent Therkelson, Exhibit "W''].

16. The conduct of defendants in loitering while holding up intentionally

disturbing placards, some depicting animals which had been skinned and/or mutilated,

and handing out handbills which both urged the general boycott of two major anchor .

stores at the Mall of America and the solicitation of funds for the Coalition to Abolish the

Fur Trade, violated at least three separate rules of conduct established by the Mall of

America for its guests. [Testimony of Freeman Wicklund, Peter Eckholdt, Lori Meyer,

Douglas Schnittgen, Exhibits "C"& "D"].

17. None of the City of Bloomington, Bloomington Port Authority, or

Bloomington Police Department exercised any control or influence in the development or

administration of the Mall of America's private rules of conduct which prohibit a number

of non-criminal actions for the avowed purpose of maximizing the safety, convenience,

and enjoy1!1ent ofits guests. [Testimony of Lt. Therkelson, Virgil Heatwole, Clifford

Boudreau, Exhibit "D"].

5 A-JS

~ 18. Neither the City of Bloomington, nor its police department, have any

authority to enforce these private rules unless and until a violator refuses to either abide

by the rules or to leave the premises upon the request of the Mall of America and then the

city's involvement is limited to implementation of the Mall of America's statutory

citizen's arrest authority over the individual for trespass. [Testimony of Lt. Therkelson,

Virgil Heatwole, Clifford Boudreau & Freeman Wicklund].

19. Each of the defendants herein had prior knowledge of the Mall of

America's private rules of conduct in that they were each previously arrested in July,

1995, for Trespass and Disorderly Conduct premised upon conduct which included

violations of these same rules with correspondent refusals to either abide by the rules or

leave the property at the request of its owner. [Testimony of Freeman Wicklund, Exhibits

"A" & "B"].

20. In addition, these rules of conduct are prominently posted at all entrances

to the Mall of America and at various locations in its hallways and common areas.

[Testimony of Lori Meyer].

21. While the defendants usually conduct such demonstrations with chanting,

shouting and more intentional disruption to the targeted business, they chose herein to

deviate from those tactics so as not to cause any incidental breach of peace for the express

purpose of bringing a First Amendment challenge to the Mall of America's private rules

of conduct. [Testimony of Freeman Wicklund, Exhibit "X"].

22. Defendants chose not to exercise their option of taking their demonstration

to the public streets and sidewalk areas because they would "have to work harder for their

6

A-29

audience"; although, on occasion defendants have gotten out their message by engaging

in door-to-door education and solicitation and in demonstrations in public parks and at

community events. [Testimony of Freeman Wicklund].

23. The Mall of America provides non-profit and charitable organizations with

an opportunity to use its WCCO community booth for the purpose of promoting their

organization, educating the public, recruiting volunteers and for non-commercial

activities, subject to an application procedure, a number of guidelines and display

regulations. [Testimony of Virgil Heatwole, Exhibit "F"].

24. Larger events by private entities are allowed by the Mall of America

through a permit process administered by its Event Department subject to a number of

rules and conditions, including the condition that the organizer fill out an application and

obtain insurance for the event. All events and activities allowed on Mall of America

property must be organized and controlled in conjunction with Mall of America

management and security so as not to create congestion, security risks, impediments to

retail sales. [Testimony of Virgil Heatwole, Exhibit "F"].

25. For persons or organizations to use even purely public property

purposefully maintained as a public forum, to wit: .the Minnesota State Capitol Facilities,

they must follow an application procedure, agree to abide by a number of guidelines and

regulations, including that they obtain public liability insurance. Permits may be denied

where there is a potential that the event may:

A. "substantially interrupt the safe and orderly movement of other traffic

contiguous to its route or location";

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A-3o

,-.., __ B. "divert so great a number of the security force ... as to prevent normal security;

C. "unduly interfere with proper fire and police protection";

D. "interfere with the movement of fire-fighting equipment";

E. "not..move from its point of origin and to its point of termination

expeditiously and without unreasonable delays en route";

F. "be held for the sole purpose of advertising any product or goods or is

designed to be held all or in part for private profit";

G. "unreasonably disrupt the normal operation of state government and the public

right to safe use or enjoyment of public spaces". [Exhibit "G"].

26. None of the defendants prior to May 19, 1996, made any attempt to follow

the Mall of America's application procedures for use of either the community booth or

rotunda areas. [Testimony of Freeman Wicklund].

27. Virgil Heatwole, General Manager for the Mall of America testified that in

his opinion had the defendants applied for use of the community booth their public

_ education message would have been allowed absent that part of the literature calling for a

general boycott of two of the mall's four largest stores.

28. Rather than be potentially ignored at a contained location, such as the

community booth, defendants deliberately chose the heightened attention provided by a

public arrest and its attendant court proceedings; which is consistent with their other

attempts to attract public attention in ways which included the tactics of the July, 1995,

incident wherein they chanted, yelled, chained themselves together, grabbed tables and

fixtures, damaged the floors and blocked off access to a main entrance and the incident

during the winter of 1996, wherein they stood, disrobed, outside the Macy's store holding

8 A-3l

a large banner. [Testimony of Dale Lindgren, Freeman Wicklund, Peter Eckholdt,

Exhibits "B" & "X"].

29. The defendants' actions went beyond public education and created an

atmosphere directly antagonistic to the goals of its owners to promote retail sales and

nurture the vitality of its major retail tenants in that it called for a boycott of two of its

largest stores, caused one of them to shut its second floor doors, and resulted in the

diversion of several security officers and police officers (on a contractual overtime basis

paid for by the mall) to that location. If the Mall of America were directed to open up its

common space areas to any and all types of demonstrations at any time, such would have

a dramatic financial impact on its operations. [Testimony of Dale Lindgren, Virgil

Heatwole, Clifford Boudreau].

30. Most demonstrations of this sort, including those usually staged by

defendants, intentionally disrupt operations at the targeted business, interrupt the ordinary

movement of pedestrian traffic, divert a significant number of security officers from their

normal duties, and have the potential for provoking a breach of peace or otherwise

endangering the safety and convenience of other persons pre~ent nearby; hence,

whenever such an event is staged, a significant amount of resources must be expended to

monitor the situation. [Testimony of Freeman Wicklund, Peter Eckholdt, Dale Lindgren,

Virgil Heatwole, Exhibits "X"].

31. The Mall of America has assumed no municipal functions: it has no

citizenry or residents, it's police, sewer, water, and fire services are provided by the City

of Bloomington in the same manner as they are provided to any other private entity

9 A-3L

within its boundaries. [Testimony of Clark Arneson, Virgil Heatwole, Lt. Kent

Therkelson].

32. There is no fully functioning police substation at the Mall of America, it is

but a booking/ report writing room without clerical or assigned police staff and which is

used only after Bloomington police have been dispatched to that location. [Testimony of

Lt. Therkelson, Clifford Boudreau].

33. While the hallways within the Mall of America are given street names for

marketing purposes, they do not function as municipal roadways, carry no vehicular

traffic, rollerblading, skateboarding and running are prohibited and these hallways can be

cordoned off at the whim of the owner. [Testimony of Virgil Heatwole, Lt. Kent

Therkelson].

34. The Mall of America does not have its own sworn peace officers; rather it

has 148 non-deputized security officers who have no arrest authority beyond that of any

other citizen, do not carry firearms and whose primary function is to assure guest safety

and promote positive guest relations. [Testimony of Clifford Boudreau, Lt. Kent

Therkelson].

35. The City of Bloomington has no ownership interest in the Mall of

America, although it provided public financing for the parking ramps, land acquisition,

water, roadway and sewer improvements which represent between 10 - 16% of the total

development cost and which is scheduled to be repaid by the year 2015. In the meantime,

the Mall of America has created tens of thousands of jobs, and is generating income,

10 A-63

lodging, and licensing tax revenue. [Testimony of Clark Arneson, Exhibits "K", "L ", "M",

''N" "O" "P" "Q" "R" "S" "T"] ' ' ' '''.

36. Prior to the opening of the Mall of America on August 11, 1992, this

property remained undeveloped since the discontinuation of its use as the Met Stadium in

1981. Once it comes out of tax increment the Mall of America will represent

approximately 12% of the City of Bloomington's total assessed tax base. [Testimony of

Clark Arneson, Exhibit "K" and "AI"].

Respectfully submitted,

This _day of June, 1997. Sandra Henkels Johnson Associate Bloomington City Attorney 2215 West 0 Id Shakopee Road Bloomington, Minnesota 55431 (612) 948-3895 Attorney Registration #120649

11

Save People, Ani1nals 8 .

the Environinent. Remove Fur from Federatedt.

QUALITY PELTING TOOLS AND SUPPLIES KNIVES

.... 41'1 = a --:::~~:::::~:t~1J~i~tl M Mj IStRA.\1(1) , .. , cS>AOOIH 1)

-'O. !iKJNNING J(NfFE '1. SERRATED HE.AD SKlllNER H . llEAD SKlllHIN:J KlllFE

""'~:'WM%'" U (I. FURRlR .. FOX KNIFE:OR n 11. SEAAATED HEAD (lllfc

iitam1 H . n HE Ill SKINNER

S. TAIL SLITTlllG K~HFE

.-M'' - IMPORTED ~\:.v" TOP QUALITY EUROPEAN DESIGN FOX TONG!_ -,

' ./~ _ .--.:;;;~r:1~.~. . -~.'.-, .. ~::.'....._~ :::-: ;:;;::::-:-::::-:~.;;;;,;;..:;:::;;;~:;;;;~~;;;}-- r ' - r -- r { "1!iiiii~ ~,,.:.>: . DURABLE PLATED FINISH! ,,_.,) Cl What is Federated?

Federated Department Stores Inc . is the nations largest operator of premier department stores. They operate over 350 department store outlets nationwide including the following chains: Macy's, Lazarus, Ilurdines, The Bon Marche, Sterns, Ilullock's, Rich's, Goldsmith's, Illoomingdale's and Jordan Marsh. Despite mounting evidence on the harms of fur production and manufacturing, Federated continues to sell fur items. Because of Federated's callous disregard for animals, the environment and people a coalition of dozens of environmental and animal organizations are calling for a nation-wide bovco11 of Federated s tores . Please read on to find out more.

Fur Production Harms Humans Many toxic and cancer-causing chemicals are used in the production of fur coats. Studies have shown industry workers to have increased risks of developing lung disease, respiratory problems, and dying from lung cancer. In 199 I, six New Jersey fur manufacturers were caught illegally dumping these toxins -- contaminating our environment and threatening human health.

Fur Farms: Death Camps for Animals Animals on fur farms live their entire lives in small, filthy cages where they are unable to express their natural behavior. The extreme confinement, stress, boredom, and neglect the animals suffer results in many contracting diseases, develoring mental disorders, or dying . During the summer months, l 0% of mink on farms die from heat related diseases .

Ass

. :.-.-:

Death is Not Kind Cheap methods are used to kill. fur-bearing animals, and they are very painful. Animals are bludgeoned, anally or genitally electrocuted, drowned, suffocated, injected with weed killer, or have their necks broken manually. Sometimes, these methods fail, and an animal suspected lo be dead is skinned alive.

The Torture of Trapping Steel jaw leg-hold traps are used to catch animals in the wilcf. These traps are terribly painful, and trapped animals commonly chew their legs off to escape. The traps are indiscriminate and often catch non-targeted species. Family pets have been known to fall prey to such traps. In 1984, even a Minnesota boy lost four of his toes in such a trap. Because these traps are cruel and dangerous, over 100 countries have banned them.but Federated stores continue to sell fur trapped using this method.

Fur Farms Destroy the Environment Fur farms produce massive amounts of waste -- equal to that of2 million people. These large quantities of waste contaminate soil and groundwater killing nearby trees and vegetation. The waste also enters and pollutes nearby streams, killing aquatic life. in the early 90's a fur industry group lobbied local governments in the Great Lakes region to lower water quality standards, presumably so that fur farms wouldn't be identified as major polluters.

Trappiq Plays Havoc on Wildlife By thinning out the animal population, fur trappers cause a harmful imbalance in the predator/prey relationship in the wilderness. This imbalance promotes the spread of disease. It forces sick predators to travel further to find food, along the way infecting areas which would not have otherwise been infecied. Fur trapping has also caused the extinction of several species on a region by region basis, including the sea mink.

. "'J(/4u *" (JaH. ~ .. 7a.U ~ g-""""44. &~. Do not shop at the Federated Department Stores until they change their callous and harmful policy to continue selling fur garments. .Lee 7~ ~ ~ ~" 'Jut. Call Federated at 1-800-261-5385 or write Federated Department Stores, 7 West 7th St, Cincinnati, OH 45202. Explain to them the harms of fur and why you will not shop at their store. fJoi# de eoatlt1- to. A~ de ~ 7.-.:c'e. CAFT coordinates the nationwide campaign against Federated. Your donation helps CAFT carry out its vital work to protect the health and well being of people, animals and the environment. Please send in your membership donation today.

Name: _______________ Phone: _________ _

Address:---------------------------

[ ] Enclosed is my annual membership dues of $15. [ ] I have also inclosed an additional donation of$ __ .

Hail to: Coalition to Abolish the Fur Trade PO Box ,0641, Memphis, TN 38174 (901) 725-7595

Petitioning or Handbills

Important Information In order to maximize the safety, convenience, and enjoyment of our guests, any activity which interferes with others' enjoyment or legitimate

use of Mall of America is proh~bited.

Examples of such activities include, but are not limited to, criminal conduct, disorderly and indecent . .

conduct, violations of the Minnesota Clean Indoor Air Act, endangering the safety of yourself or others, loud or abusive language, loud music, solicitation, running, roller or in-line skating, bicycling, throwing objects, spitting, use of alcohol 1 in common areas, unauthorized distribution of~

~ literature, picketing, inadequate attire, littering, !oitering, blocking or interfering with the passage of

:;

others, or failure to comply with lawful and ~ , . .

reasonable requests by Mall of America Management or Security.

Thank you for visiting us. Come again soon!

~*****************

Except Seeing Eye Dogs

Picketing

. '

Simon MOA Management Co .. Inc. 60 Ea.st Brcadway, Bloomington, MN 55425-5550 (612)e83-8810 Fax:(612)883-8868

WCCO Radio Community Booth

. Thank you for your interest in the WCCO Radio Community Booth at Mall of America.

Before scheduling anything at this time, we need you to fill out the enclosed Community Booth application fonn. Please send the original application and a sample of any materials you wish to distribute.

, .,

The booth is open 7 days a week during mall hours (Monday -Saturday 10 a.m. - 9:30 p.rn. and Sun~ay 11 a.m. - 7 p.m.) No signage or banners can be hung in front of the b

Community Booth General Guidelines/Display Regulations

A.) The WCCO Community Booth can be used to promote a specific organization or program, to educate the public, to recruit volunteers and for other non commercial activities.

B.) Vending, peddling or soliciting orders for sale of goods or distribution services, periodicals, books, pamphlets, tickets and other material will not be allowed without pemrission :from the General Manager.

I

C.) Any individu~ group and/or organization engaged in lawful non .. political, non-religio~ and non-commercial may apply for a permit to use the community booth. Any pennit that is granted shall be only for the use of the Conununity Booth.

D.) Generally, users should have a maximum of one to two persons pemtltted in the booth at any single time.

E.) Mall of America reserves the right to deny access to the Community Booth availability for any reason whatsoever.

F.) A valid certificate ofinsW'8llce may be required to be provided to the Center by the user.

G.) No fee is to be charged for the use of the Community Booth by individuals and/or groups engaged in non-commercial activity.

H.) Groups will generally be scheduled one to three days in the Community Booth.

I.) Hand written signage is forbidden . .All signs must be approved by Mall of America Marketing in advance. They cannot be taped or fixed to any columns, walls, signcard holders or any other structure.

J.) Booths must be manned during all mall hours. No smoking, eating, or drinking is allowed at booths.

K.) Literature can only be distributed within the confines of your space. All literature should be professional in nature and not objectionable to any segment of society.

L.) Make sure booth is picked-up and clean before departing.

NW ~JICBW~ ~O ll~W 088 88 cT9

APPLlCA TION FOR PERMIT TO use COMMUNITY SOOTH MSA Form 6 t {~ev 6-Sn

Name o1 Individual I Otgan1za11on

Street Address

Cily, S1a1e. Zip

If oi pern\11 ,,as oeen issuee1 to your orgam:at1cn 1n the Qast. give 1ne data ot last such oenmt issued.

0.A T! A!OUESTEO TIM REOUESTEC Ffom: OA.M. To:

0 P.M. Altemelive Cate From: 0 A.M. To:

0 P.M.

I Sncoo1n9 Center

Na.ture or ryi;:e ot int&rided use

I NAME(S) OF PfRSON(S) USING SOOTH 0 A.M. 0 PM. 0 A,M, 0 ?.M,

NAMES OF RESPONSIBLE OFFIClALS OF ORQANIZA TION TITLE

I (PfHH /'NO calflluJ/y)

J PHONE I I l PHONE I J. I

Applicant agrees tl'lat if a Permit is issued p1,1rsuanr to this Application. Applicant will assume liacility for and shall indemnity ano nc. harmless ine owners ot tne reaJ eswa. rhert lessees. the Management Company (and all their shareholders. directots, empio,.es. customer and invitees), Mall tenants (and tne1t owne'3.. officers. directors. employees. customers and invitees) and any Merchants' Association .~ PromotionaJ Fund against and trcm any and all lia.Oilities. oeligaticiis, IOSS8$. penalties. c:laims. aalons. suits. damages. expenses. disours ;o ment (including legal fees and expenses), or costs of any )(ind and nature whatsoever in ~ ~ relating to or arising out ot any ac:trvi: of the Applicant. its memoers. officers. directors. employees. agents, conll3dors. tenants. TI"le Men;nants' Association or Promotionat Fune lee owner, its lessee. and the Management Company shall not 06 liable to rhe Applicant using the Community Scotn or any otner persc-on or aoout tne enclosed mall, the adjoining grounds and parking Jot. by the Applicant's con:Mnt, Invitation or license. express or rmplie-: for any toss. e.xpense or damage. either to tne PQ1$0n ot ptePfltty sustained by reason ot any condition ot said Community Sootn or in"' Mall. or due to any aa (including negligent acts) ot any employee or agent ot tne .Merchants' Association or Promotional Fund. rrre Ma. tenants, the lee aNner. its lessees. 11\e Management Company or trre act of any other parson whatsoever, all ot which claims are nereo\ waiwd by applieant tor itself and each of ms members.

i/'18 undersigned hereby represents that he/she is the Applicant or an officer or other authorized agent of tne A~plicant named here1." and tnat rietstia is 21 year.; ot aga or Oll'er. The undersigned further a