Update: August 2-- Tim Miller held his fundraiser Thursday night and posted about it on his Facebook page. If we are not mistaken, the event took place in Smith Park, a public park in Montevideo, rather than the American Legion:
Sources who wish to remain anonymous contacted Bluestem Prairie this morning and late afternoon to tell us that the Thursday, August 1 Tim Miller, R-Prinsberg, political campaign fundraiser at the Montevideo American Legion had been cancelled by the post commander after questions were raised about the propriety of the patriotic non-profit hosting a partisan political event.
Answering a Facebook Messenger query by Bluestem Prairie this evening, Representative Miller confirmed the sources' accounts:
I just called him [the post commander]. That is correct. He was told today that American Legions can’t have political events at them. He was not aware of that when I asked to hold the event there. I won’t be moving the venue for Thursday night. It’s too late for that. I will be rescheduling but the future date is not yet determined.
Miller added:
You and I may not agree on much, if anything, but the actions of the last few weeks should be concerning to anyone who holds close to the First Amendment. I hold no animosity toward Hinterland or the American Legion. They need to concern themselves with their respective businesses. The people who created a ruckus should be embarrassed.
Miller's response shows some confusion about the First Amendment, as well as his continued characterization of the decidedly local folks who called attention to the owners of the Hinterland to the controversial nature of Drazkowski's talk. Bluestem had reported about the fundraiser in Ilhan Omar focus of Minnesota state house candidate fundraiser on the lone prairie and Tim Miller moves fundraiser to Montevideo American Legion because "bullies" urge boycott. See the details there.
Private individuals telling private businesses and non-profits their concerns about an event is not infringement by the government of free speech or the right to assemble; criticism is not censorship. Bluestem reported on the events, but did not urge action.it
We admit to being a bit surprised that the Montevideo Legion withdrew use of the hall for Miller's fundraiser, but perhaps we follow a stricter division between "use" and "host" than the organization itself employs.
According to our sources, this was the message the Montevideo Legion received from the state Judge Advocate of the Department of Minnesota American Legion:
Our department constitution makes it clear at Article 2, Section 2 that the American Legion of Minnesota is non-political. That means we do not endorse any party or endorse candidates. However, it does not mean we cannot express our opinions or put bumperstickers on our vehicles supporting this candidate or that party. American Legion members still have constitutional rights under the First Amendment. But, not when those members are acting in their capacity as American Legion members.
A post has every right to rent out its building or part of its building to various segments of the community. A post building can be used for a wide variety of events including wedding receptions, blood drives, Girl Scout cookie sales, and even debates between this group and that organization. But, the use of a building is very different from a post hosting a political event.
Hosting an event is an endorsement of the event. Hosting a debate between Lincoln and Douglas would have been most appropriate. It would have been an endorsement of the contest not of either candidate. Hosting a debate between Congresswoman Ohman and her opponent would be fine as well. But, what is proposed here violates our non-partisan principle. We do not host fundraisers for political candidates. Ever. What is proposed here is more than a political endorsement; it is a complete jump into politics. We did not do it for Ike, for JFK or for Reagan. We cannot do here.
Congresswoman Ohman [sic] could be the most repulsive political candidate in our history. (For any history buffs out there, I suggest reading about the 1991 gubernatorial candidacy of former KKK Grand Wizard David Duke.) but it's irrelevant given our constitution. Read Section 2 of Article 2 again. It says "The American Legion shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking political office or preferment." Our constitution says we cannot.
Hosting a fundraiser is a political act. A fundraiser is a promotion of a candidate. It is an endeavor to raise money to get that particular candidate elected. That is a political act. The American Legion constitution says we do not do that.
One other problem needs to be addressed: the IRS. No doubt the post involved in this has a particular IRS status: it's either 501c(3) or 501c(19). Each says the organization that gets that status is a non-profit and can keep that status if it follows certain rules. One of those rules is the organization must be non-political. If the local post wants to fight with the IRS, the post needs to be aware of the god awful mess it could be jumping into.. Hosting this event could cost the post its non-profit status. It could involve penalties. Hosting this event is a political act in my opinion and would violate IRS rules.
Let me be as clear as I can. American Legion members cannot wear their American Legion hats or shirts and introduce the candidate nor can those American Legion members in their official capacity say that the local post supports the candidate. An American Legion post cannot host a fundraiser for any political candidate, not George Washington not Teddy Roosevelt not even Harry Truman.
American Legion members are patriots. Their desire to make this country a better place to live is part of who they are. Their desire to make our political system better is completely understandable, but they also understand that there are rules regarding our actions as the American Legion. Those rules are in place and must be followed.
Hosting this event is ill advised under our constitution and the current status of tax law. I advise against hosting the event. If there are any questions, please contact me or call me at [number redacted by Bluestem Prairie], I authorize you to give a copy of this e-mail to the post commander or adjutant.
Greg Colby, JD
Department Judge Advocate
Department of Minnesota
The American Legion
We suspect that had Miller conducted his usual fundraiser at the vineyard (we recommend a visit, as the wine and food are both quite good in a lovely setting), there would have been no concern by those in the area who object to the content of Drazkowski's talk.
But Drazkowski's extreme views--which go as far back at least to the spring of 2006, when he suggested in State should lead in securing border, a letter to the Red Wing Republican Eagle that the Minnesota National Guard be called out to the United States- Mexican board to support a private security fence building project for Jim Gilchrist's Minuteman Project. Or Draz's dead-on-arrival, late session copy-cat bill of Arizona's infamous SB1070.
City Pages published an article about the earlier change of venue, Minnesota state Rep. Tim Miller's fundraiser was spoiled by 'socialist bullies.'Check it out.
Poster: The event was supposed to feature a presentation by Rep. Steve Drazkowski called "The case against Congresswoman Ilhan Omar."
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