Photo by Robb Long

Rick Prescott photographs ballpark construction from the skyway on a regular basis. Frequent photography of the site has triggered a review of the skyway security policy.

By Michelle Bruch

Does a skyway have all the protections and freedoms of a public sidewalk?

The answer to that question will determine whether the city’s skyway rules are legally valid.

The city attorney’s office is reviewing the security policy for city-operated skyways. The review was prompted by ongoing photography and videography of the Twins stadium construction from nearby skyways.

Many of Minneapolis’ skyways are located next to major event venues that could be considered “targets,” said Mike Sachi, the city’s parking and skyway systems engineer.

“The skyways that the “ABC” ramps have offer some pretty unique vantage points as to how things are being constructed, and the bad guys could potentially use some of that information against us, so there are some homeland security concerns,” Sachi said. “Obviously, infrastructure security is important.”

The state Homeland Security office and the Attorney General’s office have been involved in the policy review.

Sachi said skyway policy has needed a second look for some time now. Before Target Center events, he said, vendors roll coffee carts down the skyway, disrupting traffic and creating trash and litter hazards. Musicians line up from one end to the other, plugging amplifiers and boom boxes into power outlets. Downtown students lean against the walls to have lunch in the skyway. Staff from adult entertainment venues occasionally hand out fliers in the skyway after events. Convention-goers complain of being harassed for money.

“It just mushrooms as to the number of things that people want to try to do in the skyway, and it makes it very hard for our security folks to say it’s OK for the students to hang out here, but Mr. Transient or Mr. Homeless, you can’t,” Sachi said. “It has to be kind of a consistent policy for all ... and that’s the stance we’ve taken at this point. The skyways are there for movement of pedestrians [and] we’re not going to allow musicians to sit there and play their instruments, no matter how good they are.”

Sachi said the city’s skyways are concentrated around the Target Center, convention center, and the University of St. Thomas. Most of the skyways branch out of parking ramps that are operated by Ampco System Parking, and the city has adopted Ampco’s security policy for all of its skyways.

Restrictions apply to any activity that impedes pedestrian circulation among buildings. That includes panhandling; craft or food sales; survey taking; running and jumping; skateboarding; photography; and loitering by musicians, students, and employees on lunch break. Certain activities may be temporarily permitted with a permit.

Janitorial service protests last year were in compliance with the skyway policy, Sachi said, because protesters kept moving and did not disrupt pedestrian traffic.

Skyway musicians are not always in compliance with the rules, however.

Larry Havluck, a guitarist who has played in the skyway system for 28 years, said musicians were asked to leave the convention center walkways about a year ago. The street musicians considered hiring representation to fight for the busy performance space but never organized.

“The convention center is built with public money, and I consider that public space. Those skyways are publicly funded,” Havluck said. “I’ve never thought I impeded anyone’s traffic.”

Last month, a security guard asked Havluck to leave a skyway connecting a parking ramp to the Hennepin County Government Center, one of his regular performance spaces. A security guard Havluck had never seen before called his supervisor, and the supervisor called the  police. A police officer arrived and said Havluck was allowed to play there, but Havluck has only returned once since the incident.

Police also apply trespassing violations to people who loiter and sleep in the skyways, Sachi said.

The city attorney’s office is currently conducting case law research to make sure the Ampco security policy complies with local laws.

“There’s some question, basically, as to whether the skyways themselves are to be managed as right of way and the things that you can do on a sidewalk versus a private structure or building,” Sachi said.

Staff plan to have the review wrapped up before the Republican National Convention in September.

As for concerns about photography of the ballpark construction, much of that might be attributed to Rick Prescott, who manages the website www.twinsballpark2010.com. He heads to the nearby skyways once every 10 days or so, and spends about 45 minutes taking photos for the website. He has never run into other photographers, and he has never been questioned by security guards.

“I’m determined to document this thing all the way through, unless somebody tells me I can’t,” he said. “If that’s the case, then I’ll go down to the street.”

Reach Michelle Bruch at 436-4372 or mbruch@mnpubs.com