HomeMy WebLinkAbout01.24.2023 Meeting PacketAgenda
Human Rights and Relations Commission
City Of Edina, Minnesota
Community Room, City Hall
Tuesday, January 24, 2023
7:00 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
IV.Approval Of Meeting Minutes
A.Minutes: Human Rights & Relations Commission November 15,
2022
B.Minutes: Human Rights & Relations Commission December 6,
2022
V.Special Recognitions And Presentations
A.Presentation by Andrew Scipioni, Transportation Planner
VI.Community Comment
During "Community Comment," the Board/Commission will invite residents to share relevant issues
or concerns. Individuals must limit their comments to three minutes. The Chair may limit the
number of speakers on the same issue in the interest of time and topic. Generally speaking, items
that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Chair or Board/Commission Members to respond to their
comments tonight. Instead, the Board/Commission might refer the matter to sta% for
consideration at a future meeting.
VII.Reports/Recommendations
A.2022 Human Rights & Relations Commission Work Plan Update
B.2023 Human Rights & Relations Commission Work Plan Update
C.Draft Advisory Communication
D.Land Acknowledgement Update
E.Annual Process - Voting on Chair and Vice Chair
VIII.Chair And Member Comments
IX.Sta7 Comments
X.Adjournment
The City of Edina wants all residents to be comfortable being part of the public
process. If you need assistance in the way of hearing ampli9cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Date: January 24, 2023 Agenda Item #: IV.A.
To:Human Rights and Relations Commission Item Type:
Minutes
From:Gillian Straub, City Management Fellow
Item Activity:
Subject:Minutes: Human Rights & Relations Commission
November 15, 2022
Action
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Approve minutes from November 15, 2022, HRRC meeting.
INTRODUCTION:
ATTACHMENTS:
Description
HRRC Minutes: November 15, 2022
Draft Minutes☒
Approved Minutes☐
Approved Date: Click here to enter a date.
Minutes
City of Edina, Minnesota
Human Rights & Relations Commission
Edina City Hall, Community Room
November 15, 2022, 7 p.m.
I. Call to Order
Chair Epstein called the meeting to order at 7:07 p.m.
II. Roll Call
Answering Roll Call: Chair Epstein, Commissioners Felton, Bennett, Segall, Missaghi; and Student
Commissioner Ahluwalia.
Staff Present: Heidi Lee, Race & Equity Manager and Gillian Straub, City Management Fellow
Absent: Commissioners Ismail, Stringer Moore, and Guadarrama, and Student Commissioner Jain.
III. Approval of Meeting Agenda
Motion by Commissioner Bennett to amend the agenda to include a presentation from
Emilia Gonzalez Avalos in the Special Recognitions and Presentations portion and approve
the amended November 15, 2022 meeting agenda, seconded by Commissioner Missaghi.
Motion carried.
IV. Approval of Meeting Minutes
Motion by Commissioner Bennett to amend the October 25, 2022 meeting minutes, item V.
Special Recognitions and Presentations, A. Update on HRRC Membership, regarding the
language specifying Commissioner Guadarrama’s leave of absence to reflect that she is not
taking a leave of absence but will be absent for the rest of 2022 meetings, and to approve the
amended October 25, 2022, meeting minutes, seconded by Commissioner Felton. Motion
carried.
V. Special Recognitions and Presentations
A. Presentation from Emilia Gonzalez Avalos
• Gonzalez Avalos discussed the role of Latinos in political, labor, and health issues, and the
specific issues faced by undocumented and immigrant Minnesotans.
• Gonzalez Avalos detailed state legislative priorities for the 2023 session and emphasized
the role of municipal governments to engage in this work.
Commission Ismail arrived at 7:18 p.m.
Draft Minutes☒
Approved Minutes☐
Approved Date: Click here to enter a date.
VI. Reports/Recommendations
A. 2022 Human Rights & Relations Commission Work Plan Update
• The Commission discussed the Work Plan with the following updates:
o Initiative #1: Coordinate Sharing Values, Sharing Communities Event
• Initiative complete.
o Initiative #2: Coordinate Days of Remembrance to be held in alignment with the
United States 2022 commemoration date.
• Initiative complete.
o Initiative #3: Respond to bias events as described by the Bias Event Plan and
receive updates from the Police Department quarterly
• HRRC received update at the October 25, 2022 meeting.
o Initiative #4: Tom Oye Award
• Commissioners discussed nominees and selected a recipient to be
awarded at the December 6, 2022 City Council meeting.
o Initiative #5: Study and report on City facility naming policy/criteria
• Commissioner Bennett provided an update that the subcommittee has
begun writing the report and will provide a draft at the December 6
HRRC meeting, for review to continue in 2023.
o Initiative #6: Following completion of the staff development of internal
process, assist staff with the promotion of City’s Form to Report Bias or
Discrimination
• No update.
B. 2022 Tom Oye Award Nominations
• Staff Liaison Lee introduced the two nominees and explained that one submission missed
the deadline.
Motion by Commissioner Bennett to consider the candidate nominated late for the award,
seconded by Commissioner Missaghi. Motion carried.
• Commission discussed the nominees.
Motion by Commissioner Bennett to select Sally Sudo as the recipient of the 2022 Tom Oye
award, seconded by Missaghi. Motion carried.
Commissioner Missaghi left at 8:15 p.m.
C. 2023 HRRC Work Plan
• Staff Liaison Lee presented the City Manager’s recommended changes. All leads listed are
tentative and will be finalized throughout 2022.
o Initiative #1 – Sharing Values, Sharing Communities event
Draft Minutes☒
Approved Minutes☐
Approved Date: Click here to enter a date.
• Commission supports this initiative to be on the 2023 work plan.
• No suggested change.
• Lead: Commissioner Bennett.
o Initiative #2 – Coordinate Days of Remembrance to be held in alignment with
the United States 2023 commemoration date.
• Commission supports this initiative to be on the 2023 work plan.
• City Manager recommended that if a resolution is needed to broaden
the topic of the event, then the resolution should be adopted in
March 2023 before the annual 2023 commemoration event in April.
• Lead: Commissioner Felton.
o Initiative #3 - Respond to bias events as described by the Bias Event Plan and
receive updates from the Police Department quarterly.
• Commission supports this initiative to be on the 2023 work plan.
• City Manager revised this initiative to only continue receiving updates
from the Police Department quarterly. New Initiative #7 will include
the Bias Event Response Plan. Reviewing police community interaction
data was removed due to the implementation of a new data collection
system.
• Commission discussed the timeline for reviewing police community
interaction data.
• Lead: Commissioner Missaghi.
Commissioner Stringer Moore arrived at 8:35 p.m.
o Initiative #4 – Tom Oye award
• Commission supports this initiative to be on the 2023 work plan.
• No suggested change.
• Lead: Commissioner Guadarrama.
o Initiative #5 – Climate Action Plan HS 4-3: Evaluate community organizations,
networks, and connections serving those who require special attention, such
as people who are elderly, homebound, isolated, living with disabilities, or
those likely to be in need of financial assistance, during or after extreme
weather events (e.g., heat, cold, and heavy precipitation). Recommend, if
needed, creation of additional community resources or enhancement,
leveraging, or support of existing relationships with community organizations,
networks, and connections.
• Commission supports this initiative to be on the 2023 work plan.
• City Manager revised this initiative to complete the evaluation phase
of CAP HS 4-3 in 2023, with recommendations in following years.
• Lead: Commissioner Segall.
o Initiative #6 – Provide community perspective and feedback to the City’s
Racial Equity Advancement Team (REAT) on the planning of the Juneteenth
event in 2023.
Draft Minutes☒
Approved Minutes☐
Approved Date: Click here to enter a date.
• Commission supports this initiative to be on the 2023 work plan.
• City Manager changed the target completion date to March 2023 and
added a community engagement component to the review.
• Lead: Commissioner Stringer Moore.
o Initiative #7 – Review Bias Events Response Plan.
• Commission supports this initiative to be on the 2023 work plan.
• Council added this item, originally listed under Initiative #3, to be its
own item.
• Lead: To be determined.
D. Discussion Regarding Use of Term, "Cake Eater"
• Staff Liaison Lee provided the two options for members of the HRRC to respond to use
of the term, “cake eater.”
• Commissioners discussed the option of providing an advisory communication to City
Council, and the potential need for a process on responding to events.
Motion by Commissioner Segall to draft an advisory communication on the use of the term,
“cake eater,” seconded by Commissioner Felton. Motion carried.
Motion by Commissioner Stringer Moore to review the need for a process on responding to
events. Seconded by Commissioner Segall. Motion carried.
E. Reaction to Community Member Receiving Letter about BLM Sign
• Commissioners will resume this conversation at a later HRRC meeting.
VII. Chair and Member Comments
• Received.
VIII. Staff Comments
• Received.
IX. Adjournment
Motion by Commissioner Segall to adjourn the meeting, seconded by Commissioner Felton.
Motion carried.
Meeting adjourned at 9:29 p.m.
Date: January 24, 2023 Agenda Item #: IV.B.
To:Human Rights and Relations Commission Item Type:
Minutes
From:Gillian Straub, City Management Fellow
Item Activity:
Subject:Minutes: Human Rights & Relations Commission
December 6, 2022
Action
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Approve minutes from December 6, 2022, HRRC meeting.
INTRODUCTION:
Draft minutes will be added to the agenda on Monday morning.
ATTACHMENTS:
Description
HRRC Minutes: December 6, 2022
Draft Minutes☒
Approved Minutes☐
Approved Date: Click here to enter a date.
Minutes
City of Edina, Minnesota
Human Rights & Relations Commission
Edina City Hall, Mayor’s Conference Room
December 6, 2022, 5:30 p.m.
I. Call to Order
Chair Epstein called the meeting to order at 6:40 p.m.
II. Roll Call
Answering Roll Call: Chair Epstein; Commissioners Bennett, Felton and Segall.
Staff Present: Heidi Lee, Race & Equity Manager and Gillian Straub, City Management Fellow
Absent: Commissioners Ismail, Missaghi, Stringer Moore, and Guadarrama; and Student Commissioners
Jain and Ahluwalia.
III. Approval of Meeting Agenda
IV. Approval of Meeting Minutes
V. Special Recognitions and Presentations
A. Presentation by Dr. Stacie Stanley, Superintendent Edina Public Schools
Dr. Stanley shared the progress and programmatic updates of the Edina Public Schools.
Commissioner Felton arrived at 6:28 pm.
VI. Reports/Recommendations
A. 2022 Human Rights & Relations Commission Work Plan Update
VII. Chair and Member Comments
VIII. Staff Comments
IX. Adjournment
The meeting adjourned at 6:48 p.m.
Date: January 24, 2023 Agenda Item #: V.A.
To:Human Rights and Relations Commission Item Type:
Other
From:Gillian Straub, City Management Fellow
Item Activity:
Subject:Presentation by Andrew Scipioni, Transportation
Planner
Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
Andrew Scipioni, Transportation P lanner for the City of Edina, will be a guest speaker at the meeting. The
presentation will include the history of street names in Edina, and it will be uploaded to the packet on Monday,
January 23.
ATTACHMENTS:
Description
If These Streets Could Talk Presentation
Andrew Scipioni
Transportation Planner
City of Edina
First Nations
Early Settlers
•Gleason (Gleeson)
Early Settlers
•Gleason (Gleeson)
•McCauley
Early Settlers
•Gleason (Gleeson)
•McCauley
•Brown
Early Settlers
•Gleason (Gleeson)
•McCauley
•Brown
•Willson (Wilson)
Early Settlers
•Gleason (Gleeson)
•McCauley
•Brown
•Willson (Wilson)
•Maloney
Early Settlers
•Gleason (Gleeson)
•McCauley
•Brown
•Willson (Wilson)
•Maloney
•Cahill
Early Settlers
•Gleason (Gleeson)
•McCauley
•Brown
•Willson (Wilson)
•Maloney
•Cahill
•Tracy
Geographic
•Valley View
Geographic
•Valley View
•Eden Prairie
Geographic
•Valley View
•Eden Prairie
•Hopkins
Geographic
•Valley View
•Eden Prairie
•Hopkins
•Minnehaha
Geographic
•Valley View
•Eden Prairie
•Hopkins
•Minnehaha
•Cornelia
Numbered Streets
•44th
•50th
•62nd
•70th
•78th
Early Institutions
•Grange
Early Institutions
•Grange
•Interlachen
Early Institutions
•Grange
•Interlachen
•Blake
Early Institutions
•Grange
•Interlachen
•Blake
•Gus Young
Ethnicity
•Irish
Ethnicity
•Irish
•Scottish
Ethnicity
•Irish
•Scottish
•English
Ethnicity
•Irish
•Scottish
•English
•Norwegian
Ethnicity
•Irish
•Scottish
•English
•Norwegian
Golf
•Braemar
•Braeburn
•Bonnie Brae
•Hilary
•John Harris
•Ikola
•Golf Terrace
Property Owners
•Tingdale Family
Property Owners
•Tingdale Family
•Cardarelle Family
Patterned
Neighborhoods
•Presidents
Patterned
Neighborhoods
•Presidents
•Lake Edina
Patterned
Neighborhoods
•Presidents
•Lake Edina
•Parkwood Knolls
Acknowledgements
•Edina, Bloomington, St. Louis
Park Historical Societies
•Cities of Edina, Bloomington, St.
Louis Park, Richfield
•Joe Sullivan and David Katz
•Harvey and Carl Hansen
•Frank Cardarelle
Date: January 24, 2023 Agenda Item #: VII.A.
To:Human Rights and Relations Commission Item Type:
Report and Recommendation
From:Heidi Lee, Race & Equity Manager
Item Activity:
Subject:2022 Human Rights & Relations Commission Work
Plan Update
Discussion, Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
The Commission will discuss initiative updates for the 2022 workplan.
ATTACHMENTS:
Description
2022 HRRC Work Plan Updated 12.1.22
Naming of City Facilities Draft Report
Naming of City Facilities Draft Report Appendix A: Park Names
Approved by City Council December 7, 2021
Commission: Human Rights and Relations Commission
2022 Annual Work Plan Proposal
Initiative # 1 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event
Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide)
Coordinate Sharing Values, Sharing Communities Event. Determine topic
at least four months in advance of the scheduled event
Deliverable
Event
Leads
Bennett, Guadarrama,
Ismail, Segall, Mirza
Target
Completion Date
October 2022
Budget Required: (Completed by staff): There is funding available for outside marketing opportunities such as ad paid in printed media and social media.
Staff Support Required (Completed by staff): 10 hours for Staff Liaison in 2021, 10 hours for Communications Staff in 2020 for Community Conversation
4.22.22: Committee has started generating ideas and speakers for the event.
5.24.22: Date for event, location, and title has been selected. October 2 at City Hall, “How to Stop the Hate”
7.26.22: Donte Curtis has been approved as consultant/facilitator for event. Subcommittee will continue to invite speakers, create agenda and recommend
marketing actions.
10.19.22: Event was held at City Hall and lived streamed. Event has been viewed 859 times on social media and survey is made collecting responses. COMPLETED
Initiative # 2 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event
Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide)
Coordinate Days of Remembrance to be held in alignment with the
United States 2022 commemoration date.
Deliverable
Event and/or Action
Leads
Stringer-Moore,
Epstein, Lichtenberger,
Mirza
Target
Completion Date
April/May 2022
Budget Required: (Completed by staff) There is funding available for outside marketing opportunities such as ad paid in printed media and social media.
Staff Support Required (Completed by staff): Hours by Staff liaison: 20 Communications / marketing support: 10
2.18.22: Tentative dates of 4.24 or 5.1 have been decided and City Hall has been reserved. Sub-committee will meet on 2.19 to plan.
3.18.22: Committee looking for speakers and date of event will be determined when a speaker is decided on.
3.22.22: HRRC approved format to historical context, student panelist, restorative practices, and listen to stories of Holocaust survivors.
4.22.22: 2022 Days of Remembrance event will be held virtually on Sunday, May 22 at 2pm with Eva Moreimi as the guest speaker. Marketing and press release
are being worked on.
5.24.22: Days of Remembrance event held on May 22. COMPLETED
Approved by City Council December 7, 2021
Initiative # 3 Initiative Type ☐ Project ☒ Ongoing / Annual ☐ Event
Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☒ 3 (Review & Recommend) ☐ 4 (Review & Decide)
Respond to Bias events as described by the Bias Event Plan and receive
updates from the Police Department Quarterly.
Deliverable
Continue Bias events response plan
and track how many times the plan is
initiated
Leads
Epstein, Guadarrama,
Ismail, Missaghi
Target
Completion Date
December 2022
Budget Required: (Completed by staff) Are there funds available for this project? If there are not funds available, explain the impact of Council approving this
initiative.
Staff Support Required (Completed by staff): Hours by Staff liaison: 10
2.18.22: Police Chief will provide updates on February, April, July and October meetings.
4.22.22: Updates from Police Department and Q &A on department work plan items have taken place in February and April.
7.26.22: Police Chief Milburn and Community Engagement Officer Jepson attended July 2022 meeting.
10.25.22: Lt. Conboy attended meeting to speak with HRRC.
Initiative # 4 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event
Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide)
Tom Oye Award: Coordinate and select one recipient for the 2022 Tom
Oye Award.
Deliverable
Planning and awarding of Tom Oye
Award
Leads
Felton, Mirza, Pastrana
Target
Completion Date
December 2022
Budget Required: (Completed by staff) There is funding available for outside marketing opportunities such as ad paid in printed media and social media.
Staff Support Required (Completed by staff): How many hours of support by the staff liaison? Communications / marketing support?
4.22.22: Planning for Tom Oye Award will start in August.
8.19.22: Committee emailed poster, application and marketing information to feedback to Staff Liaison.
10.19.22: Tom Oye application, marketing, press release completed. Application closes on 11.7.22.
11.10.22: Two nominations have been received. HRRC will meet on 11.15.22 to discuss nominations received.
12.1.22: Award recipient was determined and approved by HRRC. All nominators and nominees have been contacted by staff liaison. Award will be presented on
12.6.22 City Council meeting.
Approved by City Council December 7, 2021
Initiative # 5 Initiative Type ☒ Project ☐ Ongoing / Annual ☐ Event
Council Charge ☒ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☐ 4 (Review & Decide)
Initiative Title
Study and report on a City facility naming policy/criteria
Deliverable
Report to Council
Leads
Bennett, Stringer
Moore, Segall, Mirza.
Litchenberger
Target
Completion Date
December 2022
Budget Required: (Completed by staff) Are there funds available for this project? If there are not funds available, explain the impact of Council approving this
initiative.
Staff Support Required (Completed by staff): How many hours of support by the staff liaison? Communications / marketing support?
3.22.22: Committee has started research and will be meeting to discuss findings.
6.28.22: Committee continues to meet and will start writing study results and report to Council.
12.1.22: Draft report will be presented to HRRC for review & comment and approval before report is submitted to City Council.
Initiative # 6 Initiative Type ☐ Project ☒ Ongoing / Annual ☐ Event
Council Charge ☐ 1 (Study & Report) ☒ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☐ 4 (Review & Decide)
Following completion of staff development of internal process, assist
staff with the promotion of city Form to Report Bias or Discrimination.
Deliverable
Feedback and support to staff.
Leads:
Felton, Pastrana,
Missaghi
Target
Completion Date
December 2022
Budget Required: (Completed by staff) Are there funds available for this project? If there are not funds available, explain the impact of Council approving this
initiative.
Staff Support Required (Completed by staff):
3.22.22: Staff have been researching and developing process.
7.22.22: Staff continue to develop process, create staff resources, technology and review internal documents such as correspondence letters to public.
9.6.22: Staff emailed committee to schedule a check-in meeting.
10.19.22: Committee with staff liaison met on 9.16.22 to discuss ideas to promote form and ways to educate on the process.
Approved by City Council December 7, 2021
Parking Lot: (These items have been considered by the BC, but not proposed as part of this year’s work plan. If the BC decides they would like to
work on them in the current year, it would need to be approved by Council.)
- Ageism: helping community understand, how to mitigate it, educate and assess
- Felony Rights and Education: Public education, voting rights access
- Assess how the City of Edina can continue to recognize and celebrate the diversity in our community and propose actions [for the City and/or volunteers] to
implement, including for example, displays in Edina City Hall which recognize culturally significant holidays and flags or other symbols which recognize the many
diverse cultures in Edina.
1
Naming of City Facilities
Recommendations for Policy and Procedure
DRAFT Report to the Edina City Council by the
City of Edina Human Rights & Relations Commission
December xx, 2022
Introduction, Purpose, and Executive Summary
The City of Edina has never had a policy for naming, renaming, and dedicating City
facilities. Naming and renaming has been done by the Edina City Council on a case-by-
case basis.1
In 2021, the Council approved a request by the City of Edina Human Rights & Relations
Commission (HRCC) to include a study on the naming of City facilities in its 2022 work
plan. The HRRC, concerned about diversity, equity, and inclusion in the naming of
public facilities, proposed to study the issues and report back to the Council with
findings including criteria for a potential naming policy.
The purpose of this report is to complete the HRRC work plan initiative. The report gives
current conditions, including brief histories of Edina park and facility names; summaries
of previous studies and recommendations by the City of Edina Park Board (now the
Parks & Recreation Commission) and Race and Equity Task Force; proposals for
guiding principles; and recommendations for procedure based on best practices used
by other cities and major institutions.
With more specific recommendations below, the HRRC concludes that the City of
Edina, in accordance with sound governance and democratic ideals, should establish a
process for the naming of City facilities that is transparent and guided by clear
principles, and that will enable community members to have input into naming choices.
Current Conditions
The name of a public facility may convey information about its geographic location; its
history; or its function, purposes, or services offered. Over half (22) of Edina’s 41 parks
have names that convey their geographic location. Eleven are named for streets on
which they are located, which lead into them, or which are nearby. Five are named for
subdivisions in which they are located. Three are named for mixed-use developments in
1 City of Edina Parks & Recreation Director John Keprios, quoted in Minutes of the Edina Park Board Work Session,
8/09/10, page 7, and in Minutes of the Edina Park Board Regular Meeting, 4/12/11, page 3.
2
which they are located. Two are named for the schools to which they are adjacent. One
is named for an adjacent lake.2
History is conveyed by the names of just five Edina parks. Specifically, Centennial
Lakes Park was approved in the City’s centennial year, 1988; McGuire Park stands
where the pioneer McGuire family farmed into the 20th century; Weber Park is located in
the former one-constable Village of Morningside; Wooddale Park was site of Wooddale
Elementary School from 1926-1985; and Yancey Park is near where the Yancey family,
Edina’s most prominent Black pioneers and civic leaders, farmed.3
Sixteen of Edina’s 41 parks are named for people. Arneson Acres Park was donated by
and is named for the late Morton and Katherine Arneson. Pamela Park is named for the
daughter of the former landowner. Williams Park commemorates the life and service of
Sgt. Dwight Carleton Williams, who was killed in action in 1945.4
The other 13 parks are named for former Village or City officials, including four
mayors/Council presidents, two Council members, two Park Board and Planning
Commission members, a city manager, a Parks & Recreation director, a constable, and
a village clerk. Most served during the 1950s, 1960s, and 1970s, and all but two (Alden
and Yancey) were white and male.5
Previous Studies and Recommendations in Edina
City of Edina Park Board
On April 5, 2011, the Council, at the request of the Park Board and with staff support,
authorized formation of a Park Board committee to “study donations policy and establish
a naming of parks and facilities policy.”6 The committee became the Naming of Parks
and Facilities and Donations Policy Working Group with the addition of members of the
public. Full membership included Ellen Jones, (Working Group Chair and Park Board
Vice Chair), Joseph Hulbert (Park Board member), Tom Gump (Edina Rotary), Bob
Kojetin (Edina Historical Society), Andy Otness (League of Women Voters of Edina),
Ray Giske, Rick Ites, and David Mesenbourg.7
On May 9, 2012, the Working Group presented its report and separate draft policies to
the Park Board, which discussed, amended, and approved the draft Naming and
Dedication of City Facilities policy on a 7-1 vote.8 The Council heard from the Working
2 Appendix A, City of Edina Park Names, condensed from record created by Robert J. Kojetin, City of Edina Parks &
Recreation Director, 1977-1994, also attached as Appendix B.
3 Ibid.
4 Ibid.
5 Ibid.
6 Minutes of the Regular Meeting of the Edina City Council, 4/05/11, page 4. Agenda Item III.G.
7 Summary Document by Ellen Jones, Park Board Vice Chairperson and Working Group Chair, submitted to Edina
Park Board, 5/03/12, for regular meeting packet, page 1.
8 Minutes of the Regular Meeting of the Edina Park Board, 5/08/12, pages 1-6.
3
Group at a regular meeting on August 21, 2012,9 and discussed the draft naming policy
at work sessions on January 22, 201310 and February 18, 2014,11 but took no action on
it.
The Working Group reported the following concerns about the City’s naming practice, of
Council members individually or as a body receiving a recommendation or request for
naming or renaming, considering the request with perhaps the advice of a board or
commission, and voting without public input:
• Residents of Edina and especially neighbors of the facility were not being
informed of and involved in the naming process.
• There was no stipulation for public support for a name.
• There was no study time or reflection period for a name proposal.
• The process for naming or renaming was not clear or transparent.
• The process does not allow for consideration of a total spectrum of potential
name ideas, but only whether to accept the proposed name.
• The City’s history may not be protected with current practice.
• The process did not adequately allow for a full discussion of diversity, Edina
residency, geographic nor historical merit.
• Most other cities have policies that either do not allow or severely restrict naming
of facilities for individuals. Edina has many facilities named for individuals.
• There are a relatively small number of facilities to name, so the naming process
should be extremely intentional.12
To address these concerns, the Working Group recommended that the City create a
naming process that “should be systematic, consistent, fair, open to all residents, and
should indicate public support. It should aid in the selection of names that are respectful
of the history of the site or area, suitable to the property or facility, and useful to the
public in locating the facility.”13
The draft policy, Working Group Summary Document, and minutes of Park Board and
Council meetings are attached as Appendix C.
City of Edina Race and Equity Initiative
In late 2016 and very early 2017, the Council appointed a task force to address long
term racial inequities in the community. The Race & Equity Task Force and associated
working groups labored for 18 months to assess the City’s policies and procedures
governing the operation of its facilities, institutions, and services.14
9 Minutes of the Regular Meeting of the Edina City Council, 8/21/12, Agenda Item VII. C., page 4.
10 Minutes of the Work Session of the Edina City Council, 1/22/13.
11 Minutes of the Work Session of the Edina City Council, 2/18/14.
12 Summary Document by Ellen Jones, Park Board Vice Chairperson and Working Group Chair, page 5.
13 Ibid.
14 Race & Equity Initiative, Final Report & Recommendations, Version 2.0, 6/26/18, Executive Summary, page 5.
https://www.edinamn.gov/DocumentCenter/View/5021/Race-and-Equity-Final-Report-and-Recommendations-
PDF?bidId=
4
The Task Force recommended 21 actions and changes, organized in five themes of
identified need: accountability, building relationships with communities of color, gather
data, belonging (community feeling), and policies.15
The very first recommendation was that the City create Race Equity Accountability
Measures, including hiring or identifying a Race Equity manager, who would be part of
the City’s leadership team; providing an annual report to the Council and public on
progress toward established racial equity goals; and including implementation of race
equity goals in the formal annual performance goals for City executive leaders.16
The second in the list of 21 recommendations was made to address a feeling many
participants expressed of “not feeling welcome or a sense of belonging” in the
community.17 The recommendation was titled “Attribution for historically significant
contribution of Yancey family to Edina’s history” and it directed “Name a public facility in
the Grandview area, if not Edina City Hall, after BC [Beverly Claiborne] and Ellen
Yancey.”18
In 2019, incorporating the recommendations of the Task Force in their work plans, three
City of Edina advisory commissions, the HRRC, Parks & Recreation Commission, and
Heritage Preservation Commission, began working to identify a public facility to be
named for BC and Ellen Yancey. Collectively, the three commissions sought to identify
a public facility that was a vibrant part of the Edina community, highly visible, and used
frequently by a variety of community members for a variety of reasons.19
Contrasting a public building that would likely be referred to by the business conducted
in it with a park that people would always refer to by name, the commissions chose a
park to ensure that the Yancey name would be remembered and used for generations
to come.20
The Yancey family homestead had been located in the Grandview area. Commissioners
identified two parks close to but not in Grandview: the five-acre Wooddale Park, at W.
50th and Wooddale Avenue, and the 19-acre Garden Park, on Hansen Road and
Vernon Avenue, close to the western border of Grandview. With Wooddale Park already
commemorating the former Wooddale School, the HRRC submitted an official
recommendation to the Council to rename Garden Park to Yancey Park.21
15 Ibid., pages 5-6.
16 Ibid., page 37.
17 Ibid., page 6.
18 Ibid., page 37.
19 Jasmine Stringer Moore, HRRC member.
20 Ibid.
21 Ibid.
5
The Council voted to approve the recommended renaming at its regular meeting on
October 7, 2020.22 Following discovery of and legal action to renounce a discriminatory
covenant on the land, a public dedication and celebration was held on October 4, 2021.
Naming Policies and Procedures in Public Jurisdictions: Authority, Issues and
Examples
Minnesota law requires that cities name or rename public streets by
ordinance, Minnesota Statute, Section 412.221, subd.18 , but there is no state law that
governs, prescribes, or restricts the process cities use to name or rename other public
facilities.
Other considerations make formal naming policy necessary and desirable.
First, the naming of public property deploys a public asset.23 The naming of public
facilities is discussed at length and in detail in the law review article: “Trademarks of
Privilege: Naming Rights and the Physical Public Domain,” published in the University of
California Davis Law Review. Its author, Ann Bartow, Associate Professor of Law at the
University of South Carolina School of Law, asserts that “Public parks, schools, roads,
buildings, and related amenities are valuable because they are visible and useful. When
names or trademarks are appended to these public assets, the honoree or mark holder
reaps some measure of this value, and thus this value is “privatized.”24
Second, the names of public facilities reflect the values and culture of a community.
Bartow emphasizes, “Naming practices are important because the names of public
amenities communicate information about a community and its heritage.”25 Because
“Naming choices embrace certain social values and eschew others,”26 Bartow argues
that a naming process should explicitly consider the “communicative message made by
any particular naming.”27
Third, the naming of public facilities may present opportunities to advance equity and
inclusion. Advocates for renaming of some national parks and public lands “hope to
bring about a future when parks and public lands are fully inclusive—not only in the
policies and culture that govern who gets to enjoy them, but in who and what they
22 Minutes of the Regular Meeting of the Edina City Council, 10/07/20. Newspaper account
https://www.hometownsource.com/sun_current/community/edina-park-renamed-in-honor-of-black-
pioneers/article_0571b28a-0fd2-11eb-8936-
2b20ba6d33d5.html#:~:text=The%20Edina%20City%20Council%20voted,and%20equity%20work%20in%20Edina.
23 Ann Bartow, “Trademarks of Privilege: Naming Rights and the Physical Public Domain,” University of California
Davis Law Review, Vol. 40, No. 3 (2007); 970. See discussion supra Part III.
https://lawreview.law.ucdavis.edu/issues/40/3/distributive-justice-and-ip/DavisVol40No3_Bartow.pdf
24 Ibid., 921.
25 Ibid., 929.
26 Ibid., 969
27 Ibid.
6
honor.”28 In Minnesota, both the Ramsey County Board and the University of Minnesota
Board of Regents have adopted or amended naming policies to focus on diversity,
equity, and inclusion, Ramsey County in February 2020 and the U of M in February
2022.
The goals and guiding principles of naming policy differs among jurisdictions. The U of
M policy states guiding principles of fostering community and belonging; preserving
history; recognizing exceptionality; deliberately considering each request; and allowing
change29 The City of Faribault, which adopted a Park Naming Policy on December 8,
2020, reserves the naming of parks and facilities for “circumstances that will best serve
the interests of the city and ensure a worthy and enduring legacy for the City’s parks
and recreation system.”30
Bartow urges strong minimum standards for process: “Every government entity vested
with naming power should, at a minimum, codify some naming principles, and make the
entire process reasonably transparent, accessible to all community members, and
accountable for the values and messages embedded in their naming choices.”31 “The
terms and conditions of the naming should also be reasonably unambiguous, and the
individuals or entities with the power to name or rename public facilities should be
spelled out.”32
Conclusion/HRRC Recommendation
The HRRC finds that the names of City facilities are public assets, and that those
names reflect and reinforce community values. Therefore, in accordance with sound
governance and democratic ideals, the HRRC recommends that the Council establish a
process for the naming of City facilities that is transparent and guided by clear
principles, and that will enable community members to have input into naming choices.
To continue to name and rename City facilities without clear standards and a clear
process does a disservice to our community, effectively allowing historic practices which
reflect dominant cultures to usurp public assets.
Proposed Guiding Principles (this section is in very draft form and will be completed)
1. Authority – The Edina City Council has the sole authority to dedicate, rename, or
establish a legal name for a City facility. This is consistent with the principles and
practices of other cities.
2. Goals – Names for City facilities should
28 https://www.wilderness.org/articles/blog/its-time-own-racism-and-violence-embedded-names-parks-and-
public-lands.
29 University of Minnesota Board of Regents Policy: Namings and Renamings, last amended 2/11/22, 1.
30 City of Faribault Naming Policy, adopted 12/08/20, 1.
31 Bartow; 969.
32 Ibid., 970.
7
• Foster a welcoming community;
• Promote inclusion and a sense of belonging for community users;
• Preserve City history by not erasing historical moments, persons, or places; and
• Honor exceptionality.
3. Priority – for a park or natural space, priority should be given to a name that reflects a
• Geographic location or characteristic;
• Natural feature associated with or located in the facility;
• Historic event associated with the facility;
4. Naming/renaming for individuals – consideration must include
• Significant connection to the facility being named or renamed;
• Significant contribution to the facility and/or Edina community;
• Moral character;
• Waiting period between time of contribution and naming. St. Paul limits naming to
individuals who have been dead at least three years.
Any process to determine names for new facilities and renaming of existing facilities
must explicitly consider the values and culture being communicated.
[Scaling of memory – p. 955]
Recommendations for Procedure (this is a placeholder for a section yet to be drafted)
“Because individuals have little choice but to use the names and trademarks that are
officially appended to the physical public domain, it is important that as citizens they
have at least some opportunity to participate in the processes by which these names
and trademarks are chosen.” UC Davis p.963
“Every government entity vested with naming power should, at a minimum, codify some
naming principles, and make the entire process reasonably transparent, accessible to
all community members, and accountable for the values and messages
embedded in their naming choices.” UC Davis p. 969
DRAFT – not final document
DRAFT APPENDIX A
City of Edina Park Names
1. Alden Park -- originally Jackson/Belmore Park; renamed for Gretchen S. Alden,
Edina Village Clerk, 1955-1964. NW quadrant.
2. Arden Park – named for the street leading to its north end. NE quadrant.
3. Arneson Acres Park – named on 1/02/69 for landowners Morton and Katherine
Arneson, who donated the land to the Village of Edina. SE quadrant.
4. Birchcrest Park – located near Birchcrest Drive. NW quadrant.
5. Braemar Park – former Hayes Farm, given “Scottish” name by the Park Board and
Council. SW quadrant. City facilities in the park include:
• Braemar Arena
• Braemar Golf Course
• Warren C. Hyde Clubhouse – named for first Edina City Manager, who served
from 1955-1977.
• Courtney Fields – named on 1/09/89 for C. Wayne Courtney, who served 27
years as Mayor and a member of the Village Council.
6. Bredesen Park -- originally Mud Lake Park. Renamed with dedication of wildlife
reserve in June 1979 for Arthur C. Bredesen, Edina Trustee and Mayor, 1951-1973. NW
quadrant.
7. Browndale Park – named for the street on which it is located, which is named for
pioneer farmer Henry F. Brown. Former site of the Waterville and Edina mills. NE
quadrant.
8. Centennial Lakes Park – named for the mixed-use development in which it is
located, approved in the City’s centennial year, 1988, and built on the site of a former
gravel pit. SE quadrant. City facilities in the park include:
• Hughes Pavilion – originally the Centennial Lakes Park Centrum. Renamed on
7/20/10 for Gordon Hughes, City employee, 1974-2010, and third City Manager,
1998-2010.
• Maetzold Amphitheatre – originally the Centennial Lakes Park Amphitheatre.
Renamed on 1/18/05 for Dennis F. Maetzold, Edina Mayor, 1999-2005; City
Council Member, 1995-1999; and Board of Education Member, 1988-1994.
9. Chowen Park – named for the street on which it is located. NE quadrant.
10. Cornelia School Park – named for nearby Lake Cornelia; located adjacent to
Cornelia Elementary School. SE quadrant.
11. Countryside Park – named for the subdivision in which it is located, just under one
mile from Countryside Elementary School. NW quadrant.
12. Creek Valley School Park – located near Creek Valley Road, adjacent to Creek
Valley Elementary School. SW quadrant.
13. Edina Promenade – located north of Centennial Lakes Park. SE quadrant.
14. Edinborough Park – named for the mixed-use development in which it is located.
Edina’s only indoor park, built with TIF funds, and opened in 1987. SE quadrant.
15. Fox Meadow Park – located adjacent to Blake Road. Private donors funded and
named park. NW quadrant.
16. Grandview Square Park – named for the mixed-use development in which it is
located. NW quadrant.
17. Heights Park – named for the subdivision in which it is located. SW quadrant.
18. Highlands Park – named for the subdivision in which it is located, several blocks
from Highlands Elementary School. NW quadrant.
19. Kojetin Park -- originally 44th Street Park. Renamed for Robert J. Kojetin, Edina
Parks & Recreation Assistant Director, 1962-1976; Director, 1977-1994. NE quadrant, in
the former Village of Morningside.
20. Lewis Park – land donated for park and dedicated August 1978. Named for William
Wardwell Lewis, former member of Edina Park Board, 1948-1973, and Edina Planning
Commission, 1952 – [date unspecified]; Park Board Chairman, 1968. SW quadrant.
21. McGuire Park – located on McGuire Road, which is named for the family that
farmed on the site into the 20th century. SW quadrant.
22. Melody Lake Park – located between Melody Lake and the street, Melody Lane.
NW quadrant.
23. Normandale Park – named for subdivision in which it is located. SW quadrant.
24. Pamela Park – named for daughter of former land owner. NE quadrant.
25. Fred Richards Park – originally Lake Edina Park. Adjacent City parkland and small
private golf course combined to build Fred Richards Golf Course, named for former
Mayor and City Council Member, xxxx-xxxx. When golf course closed in 2014, park
renamed Fred Richards Park. SE quadrant. VERIFY
26. Rosland Park -- originally Lake Cornelia Park. Renamed for Kenneth Rosland,
Edina Parks & Recreation Director and City Manager, 1958-1998. SE quadrant. City
facilities in the park include:
• Edina Art Center, including Peggy Kelly Media Arts Studio, named for former
member, Edina Board of Education, 1978-1984 and first female chair; former
member, Edina City Council, 1985-1997; Mayor Pro Tem, 1989-1997.
• Edina Aquatic Center
27. St. John’s Park – named for street on which it is located. NE quadrant.
28. Sherwood Park – named for street on which it is located. NW quadrant.
29. Strachauer Park -- originally Beard Park; renamed for Hermann H. Strachauer,
Edina Park Board Member, 1948-1961; Chairman, 1951-1960.
NE quadrant.
30. Tingdale Park – named for street on which it is located. NW quadrant.
31. Todd Park -- originally Division & Rutledge Park. Open space donated for park
1972. Renamed in May 1978 for T. Lea Todd, who served 1943-1968 as Edina
Planning Commission Chairman and President, Edina Village Council. NW quadrant.
32. Frank Tupa Park -- named for “a long-time council member”. Across Eden Avenue
from Edina City Hall. NE quadrant.
33. Utley Park -- named for Harold Utley, “long-time resident and Council member.”
Formerly part of Wooddale Park, located across W. 50th Street. Now site of Edina
Veterans Memorial. NE quadrant.
34. Van Valkenburg Park -- originally Malibu Park and Grandview Park, and, before
that, part of Grandview Cemetery. Renamed for James Van Valkenburg, Edina Mayor,
xxxx-xxxx. NW quadrant.
35. Walnut Ridge Park – named for street leading into it, Walnut Drive. NW quadrant.
36. Weber Park -- originally Morningside Park, located in the Village of Morningside,
1920-1967. Renamed for George Weber, longtime Morningside resident and constable.
NE quadrant.
37. Williams Park – named for Sgt. Dwight Carleton Williams, 1924-1945, ski trooper,
10th Mountain Division, killed in action in Italy, 4/30/45. Former mill site on which
Williams played as a boy. NE quadrant.
38. Wooddale Park – former site of and named after Wooddale Elementary School,
1926-1985. NE quadrant.
39. Yancey Park – originally Garden Park. Renamed on 10/07/20 and dedicated on
10/04/21 for B.C. and Ellen Yancey, Edina’s most prominent Black pioneers. B.C.
(Beverly Claiborne) served as village incorporator, Recorder, and Justice of the Peace
and Ellen founded the Edina PTA. NW quadrant.
40. York Park – named for street on which it is located. Site of Timmy Nunn memorial
baseball field. NE quadrant.
41 Yorktown Park – named for subdivision in which it is located. SE quadrant.
Date: January 24, 2023 Agenda Item #: VII.B.
To:Human Rights and Relations Commission Item Type:
Report and Recommendation
From:Heidi Lee, Race & Equity Manager
Item Activity:
Subject:2023 Human Rights & Relations Commission Work
Plan Update
Discussion, Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
The Commission will discuss initiative updates for the 2023 workplan.
ATTACHMENTS:
Description
2023 HRRC Work Plan
Naming of City Facilities Draft Report
Human Rights & Relations Commission Work Plan
2023 Human Rights & Relations Commission
Report Created On: Nov 29, 2022
Plan Number Initiative Type Description Deliverable Council Charge Target Completion
Date Leads Budget Required
Project 1.1.1 On-going / Annual Sharing Values, Sharing Communities Event
Coordinate Sharing Values, Sharing Communities Event.
Determine topic at least four months in advance of the
scheduled event.
Plan and host event in 2023.Charge 4: Review
& Decide
Q4 Bennett, Jain,
Ismail
Funds are
available.
Project 1.1.2 On-going / Annual Days of Remembrance Event
Coordinate Days of Remembrance to be held in alignment
with the United States 2023 commemoration date.
Potential need for amended resolution if topic is
broadened to include additional events of genocide.
Plan & host event in 2023 with the possibility of amending
initiative DOR resolution.
*Resolution amendment will require Council approval.
Charge 4: Review
& Decide
Q2 Felton Funds are
available.
Project 1.1.3 On-going / Annual Bias and Discrimination Event Response
•Respond to Bias events as described by the Bias
Event Plan
•Continue quarterly meetings with Edina Police
Department
Respond to bias events & participate in quarterly meetings
with PD.
Charge 4: Review
& Decide
Q4 Missaghi, Jain,
Ahluwalia, Felton
None required.
Project 1.1.4 On-going / Annual Tom Oye Award
Coordinate and select one recipient for the 2023 Tom Oye
Award.
Planning and selection of recipient of Tom Oye Award.Charge 4: Review
& Decide
Q4 Guadarrama,
Epstein, Jain
Funds are
available.
Project 1.1.5 Project Climate Action Plan HS 4-3
Evaluate community organizations, networks, and
connections serving those who require special attention,
such as people who are elderly, homebound, isolated,
living with disabilities, or those likely to need financial
assistance, during or after extreme weather events (e.g.,
heat, cold, and heavy precipitation). EEC will review and
comment on approved report.
Report to Council.
EEC: Review and comment.
Charge 1: Study &
Report
Q4 Segall, Ismail,
Stringer Moore
None required.
Page 1
Plan Number Initiative Type Description Deliverable Council Charge Target Completion
Date Leads Budget Required
Project 1.1.6 Project Juneteenth Community Celebration
Provide feedback to staff regarding planning of 2023
Juneteenth City event. Debrief after event and provide
recommendations for direction of future of events.
Provide input to staff on planning components of the
Juneteenth event.
Charge 2: Review
& Comment
Q1 All None required.
Project 1.1.7 On-going / Annual Bias and Discrimination Event Response Plan Review
Review the Bias Event Response, if needed, make any
recommended changes to Council.
Report and recommendation to Council if there are
changes.
Charge 3: Review
& Recommend
Q4 Missaghi, Jain,
Ahluwalia, Felton
None required.
Report Legend No Update Overdue #Priority
Page 2
DRAFT COPY DRAFT COPY 1
Naming of City Facilities
Recommendations for Policy and Procedure
Report to the Edina City Council by the
City of Edina Human Rights & Relations Commission
January 24, 2023
Introduction, Purpose, and Summary Recommendations The City of Edina never has had a policy for naming, renaming, and dedicating City
facilities. Naming and renaming has been done by the Edina City Council on a case-by-
case basis.1 In 2021, the Council approved a request by the City of Edina Human Rights & Relations Commission (HRRC) to include a study on the naming of City facilities in its 2022 work
plan. The HRRC, concerned about diversity, equity, and inclusion in the naming of public facilities, proposed to study the issues and report back to the Council with findings including criteria for a potential naming policy. The purpose of this report is to complete the HRRC work plan initiative. The report
states current conditions and brief histories of Edina park and facility names; summarizes previous studies and recommendations by the City of Edina Park Board (now the Parks & Recreation Commission) and Race and Equity Task Force; identifies the authority for, issues in, and examples of naming policies and procedures in public jurisdictions; proposes guiding principles for an Edina naming policy; and recommends
procedure based on best practices used by other cities and major institutions. With more specific recommendations below, the HRRC concludes that the City of Edina, in accordance with sound governance and democratic ideals, should establish a process for the naming of City facilities that is transparent and guided by clear
principles, and that will enable community members to have input into naming choices.
Current Conditions The name of a public facility may convey information about its geographic location; its
history; or its function, purposes, or services offered. Over half (22) of Edina’s 41 parks
have names that convey their geographic location. Eleven are named for streets on which they are located, which lead into them, or which are nearby. Five are named for
1 City of Edina Park & Recreation Director John Keprios to the City of Edina Park Board, reported in Minutes of the
Edina Park Board Work Session, August 9, 2010, page 7; and Minutes of the Edina Park Board Regular Meeting,
April 12. 2011, page 3. Attached in Appendix C.
DRAFT COPY DRAFT COPY 2
subdivisions in which they are located. Three are named for mixed-use developments in which they are located. Two are named for the schools to which they are adjacent. One is named for an adjacent lake.2
History is conveyed by the names of just five Edina parks. Specifically, Centennial Lakes Park was approved in the City’s centennial year, 1988; McGuire Park stands where the pioneer McGuire family farmed into the 20th century; Weber Park is located in the former one-constable (Weber) Village of Morningside; Wooddale Park was site of
Wooddale Elementary School from 1926 to 1985; and Yancey Park is near where the
Yancey family, Edina’s most prominent Black pioneers and civic leaders, farmed.3 Sixteen of Edina’s 41 parks are named for people. Arneson Acres Park was donated by and is named for the late Morton and Katherine Arneson. Pamela Park is named for the
daughter of the former landowner. Williams Park commemorates the life and service of
Sgt. Dwight Carleton Williams, who was killed in action in 1945.4 The remaining 13 of the 16 parks are named for former Village or City officials, including four mayors/Council presidents, two Council members, two Park Board and Planning
Commission members, a City manager, a Parks & Recreation director, a constable, and
a village clerk. Most served during the 1950s, 1960s, and 1970s, and all but two (Alden and Yancey) were white and male.5
Previous Studies and Recommendations in Edina
City of Edina Park Board On April 5, 2011, the Council, at the request of the Park Board and with staff support, authorized formation of a Park Board subcommittee to “study donations policy and
establish a naming of parks and facilities policy.”6 The subcommittee became the
Naming of Parks and Facilities and Donations Policy Working Group. Full membership included Ellen Jones, Working Group Chair and Park Board Vice Chair; Joseph Hulbert, Park Board member; Tom Gump (Edina Rotary); Bob Kojetin (Edina Historical Society); Andy Otness (League of Women Voters of Edina); Ray Giske; Rick Ites; and David
Mesenbourg.7
On May 8, 2012, the Working Group presented its report and draft naming and donations policies to the Park Board, which discussed, amended, and approved the
2 Appendix A, City of Edina Park Names (2022), condensed and updated from Appendix B, record created in 2012
by Robert J. Kojetin, former City of Edina Park & Recreation Director (1977-1994), member of the Board of the
Edina Historical Society, and member of the Naming of Parks and Facilities and Donations Policy Working Group.
3 Ibid.
4 Ibid.
5 Ibid.
6 Minutes of the Regular Meeting of the Edina City Council, April 5, 2011, page 4. Attached in Appendix C.
7 Summary Document [report] by Ellen Jones, City of Edina Park Board Vice Chair and Naming of Parks and
Facilities and Donations Policy Working Group Chair. Included in Report/Recommendation by the Working Group
to the Park Board at its regular meeting on May 8, 2012. Attached in Appendix D.
DRAFT COPY DRAFT COPY 3
draft Naming and Dedication of City Facilities Policy on a 7-1 vote.8 The Council heard from the Working Group at a regular meeting on August 21, 2012,9 and discussed the draft naming policy at work sessions on January 22, 201310 and February 18, 2014,11
but took no action on it.
The Working Group reported the following concerns about the City’s naming practice, of Council members individually or as a body receiving a recommendation or request for naming or renaming, considering the request with perhaps the advice of a board or
commission, and voting without public input12:
• Residents of Edina and especially neighbors of the facility were not being informed of and involved in the naming process.
• There was no stipulation for public support for a name.
• There was no study time or reflection period for a name proposal.
• The process for naming or renaming was not clear or transparent.
• The process did not allow for consideration of a range of potential names, but only whether or not to accept the proposed name.
• The City’s history may not be protected with current practice.
• The process did not adequately allow for a full discussion of diversity, Edina residency, geographic or historical merit.
• Most other cities have policies that either do not allow or severely restrict naming of facilities for individuals. Edina has many facilities named for individuals.
• There are a relatively small number of facilities to name, so the naming process should be extremely intentional.13
To address these concerns, the Working Group recommended that the City create a
naming process that “should be systematic, consistent, fair, open to all residents, and should indicate public support. It should aid in the selection of names that are respectful of the history of the site or area, suitable to the property or facility, and useful to the public in locating the facility.”14
City of Edina Race and Equity Initiative In late 2016 and very early 2017, the Council appointed a task force to address long term racial inequities in the community. The Race & Equity Task Force and associated
8 Minutes of the Regular Meeting of the Edina Park Board, May 8, 2012, pages 1-6. Included in
Report/Recommendation by the Park Board to the Edina City Council at its regular meeting on August 21, 2012.
With Council Agenda, Staff Report, and Park Board-approved Draft Policy, attached as Appendix E.
9 Minutes of the Regular Meeting of the Edina City Council, August 21, 2012, page 4. Attached in Appendix C.
10 Minutes of the Work Session of the Edina City Council, January 22, 2013. Attached in Appendix C.
11 Minutes of the Work Session of the Edina City Council and Edina Park Board, February 18, 2014. Attached in
Appendix F.
12 Working Group Summary Document, page 5. Appendix D.
13 Ibid.
14 Ibid.
DRAFT COPY DRAFT COPY 4
working groups endeavored over 18 months to assess the policies and procedures that governed the operation of City facilities, institutions, and services.15
The Task Force recommended 21 actions and changes, organized in five themes of
identified need: accountability, building relationships with communities of color, gather data, belonging (community feeling), and policies.16 The very first recommendation was that the City create Race Equity Accountability
Measures, including hiring or identifying a Race Equity manager, who would be part of
the City’s leadership team; providing an annual report to the Council and public on progress toward established racial equity goals; and including implementation of race equity goals in the formal annual performance goals for City executive leaders.17
The second in the list of 21 recommendations was made to address a feeling many
participants expressed of “not feeling welcome or a sense of belonging” in the community.18 The recommendation was titled “Attribution for historically significant contribution of Yancey family to Edina’s history” and it specified “Name a public facility in the Grandview area, if not Edina City Hall, after BC [Beverly Claiborne] and Ellen
Yancey.”19
In 2019, incorporating recommendations of the Task Force in their work plans, the HRRC and Parks & Recreation Commission (PARC) formed “a cross-commission committee to review the naming of a public facility in the Grandview area after BC and
Ellen Yancey.”20 HRRC members working on this initiative “sought to identify a public
facility that was a vibrant part of the Edina community, highly visible, and used frequently by a variety of community members for a variety of reasons.”21 Contrasting a public building that would likely be referred to by the business conducted
in it with a park that people would always refer to by name, the HRRC recommended
renaming a park to ensure that the Yancey name would be remembered and used for generations to come.22 The Yancey family homestead had been located in the Grandview area. After consulting
with members of the Edina Grange, Historical Society, and Heritage Preservation
Commission, the HRRC recommended to the PARC renaming one of two parks close to but not in Grandview: the five-acre Wooddale Park, at W. 50th and Wooddale Avenue, and the 19-acre Garden Park, on Hansen Road and Vernon Avenue, close to the
15 Race & Equity Initiative, Final Report & Recommendations, Version 2.0, June 26, 2018.
https://www.edinamn.gov/DocumentCenter/View/5021/Race-and-Equity-Final-Report-and-Recommendations-
PDF?bidId=. Executive Summary and recommendations attached in Appendix G.
16 Ibid., pages 5-6.
17 Ibid., page 37.
18 Ibid., page 6.
19 Ibid., page 37.
20 HRRC and PARC work plans, attached in Appendix G.
21 Jasmine Stringer Moore, HRRC committee member.
22 Ibid. See also Minutes of the Edina HRRC Meeting, September 24, 2019, page 4, attached in Appendix G.
DRAFT COPY DRAFT COPY 5
western border of Grandview.23 With Wooddale Park already commemorating the former Wooddale School, the PARC recommended that the Council rename Garden Park as Yancey Park.24
The Council voted unanimously to approve the recommended renaming at its regular meeting on October 7, 2020.25 Following discovery of and legal action to renounce a discriminatory covenant on the land, a public dedication and celebration was held on October 4, 2021.
Naming Policies and Procedures in Public Jurisdictions: Authority, Issues and
Examples
Minnesota law requires that cities name or rename public streets by
ordinance, Minnesota Statute, Section 412.221, subd.18 , but there is no state law that
governs, prescribes, or restricts the process cities use to name or rename other public facilities.
Other considerations make formal naming policy necessary and desirable.
First, the naming of public property deploys a public asset.26 The naming of public facilities is discussed at length and in detail in the law review article: “Trademarks of Privilege: Naming Rights and the Physical Public Domain,” published in the University of California Davis Law Review. Its author, Ann Bartow, Associate Professor of Law at the University of South Carolina School of Law, asserts that “Public parks, schools, roads,
buildings, and related amenities are valuable because they are visible and useful. When names or trademarks are appended to these public assets, the honoree or mark holder reaps some measure of this value, and thus this value is ‘privatized.’ ”27
Second, the names of public facilities reflect the values and culture of a community.
Bartow emphasizes, “Naming practices are important because the names of public
amenities communicate information about a community and its heritage.”28 Because “Naming choices embrace certain social values and eschew others,”29 Bartow argues
23 Minutes of the Edina HRRC Meeting, October 22, 2019, page 2; and Memorandum of Recommendation from the
HRRC to the Edina Parks & Recreation Commission, January 16, 2020, attached in Appendix G.
24 Minutes of the Edina Parks & Recreation Commission, February 11, 2020, page 2; and Staff Report to the Mayor
and Council, October 7, 2020, attached in Appendix G.
25 Minutes of the Regular Meeting of the Edina City Council, October 7, 2020, attached in Appendix G. See also
Caitlyn Anderson, “Edina park renamed in honor of Black pioneers,” Edina Sun Current, October 16, 2020.
26 Ann Bartow, “Trademarks of Privilege: Naming Rights and the Physical Public Domain,” University of California
Davis Law Review, Vol. 40, No. 3 (2007); 970. See discussion supra Part III. Full article attached as Appendix H.
https://lawreview.law.ucdavis.edu/issues/40/3/distributive-justice-and-ip/DavisVol40No3_Bartow.pdf
27 Ibid., 921.
28 Ibid., 929.
29 Ibid., 969
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that a naming process should explicitly consider the “communicative message made by any particular naming.”30
Third, the naming of public facilities may present opportunities to address institutional
racism and advance equity and inclusion. Advocates for renaming of some national
parks and public lands “hope to bring about a future when parks and public lands are fully inclusive—not only in the policies and culture that govern who gets to enjoy them, but in who and what they honor.”31
Fourth, the naming of public facilities for individuals may heighten the risks of naming
serving as a political favor or quid pro quo and of naming serving to privatize a public facility, and it raises the unique risk of an honored or memorialized individual’s later loss of reputation or notoriety for dishonorable or once-but-no-longer-acceptable speech or action. Some jurisdictions, including Ramsey County, avoid these risks through policy
that prohibits naming public facilities for individuals.32 Others seek to limit risk through
policy that requires waiting periods after an individual’s death,33 nomination,34 public employment, or public service. Fifth, the renaming of public facilities can be expensive and risks public confusion. For
these reasons, many jurisdictions see naming as optimally very long-term or permanent. The City of Faribault Naming Policy, adopted December 8, 2020, discourages proposals to rename parks and recreational facilities “whether for a major gift or community request,”35 stating: names that have become widely accepted by the community will not be
abandoned unless there are compelling reasons and strong public sentiment from the broader community for doing so. Historical or commonly used place names will be preserved wherever possible.36 Goals and guiding principles of naming policy differs among jurisdictions. Recently, both
Ramsey County and the University of Minnesota Board of Regents adopted or amended naming policies to focus on diversity, equity, and inclusion. The U of M policy states guiding principles of fostering community and belonging; preserving history; recognizing exceptionality; deliberately considering each request; and allowing change37 The City of
30 Ibid.
31 Blogpost, “It’s time to own up to the racism and violence embedded in the names of parks and public lands,” The
Wilderness Society, July 16, 2021. Attached as Appendix I. https://www.wilderness.org/articles/blog/its-time-own-
racism-and-violence-embedded-names-parks-and-public-lands.
32 Shannon Prather, “Ramsey County to stop naming buildings, parks after individuals,” Star Tribune, East Metro
edition, February 29, 2020. Attached in Appendix J.
33 “deceased for at least three years,” City of Saint Paul, Parks and Recreation Commission Policy # 7, Naming Parks
and Recreation Sites, attached in Appendix K.
34 “at least two years after the person’s name has been nominated in writing,” Minneapolis Park and Recreation
Board Park Naming Policy, attached in Appendix K.
35 City of Faribault Naming Policy, adopted December 8, 2020, page 3. Full policy attached in Appendix K.
36 Ibid.
37 University of Minnesota Board of Regents Policy: Namings and Renamings, last amended February 11, 2022,
page 1. Full policy attached in Appendix K.
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Faribault reserves the naming of parks and facilities for “circumstances that will best serve the interests of the city and ensure a worthy and enduring legacy for the City’s parks and recreation system.”38
Bartow urges strong minimum standards for process: “Every government entity vested with naming power should, at a minimum, codify some naming principles, and make the entire process reasonably transparent, accessible to all community members, and accountable for the values and messages embedded in their naming choices.”39 “The
terms and conditions of the naming should also be reasonably unambiguous, and the
individuals or entities with the power to name or rename public facilities should be spelled out.”40
Conclusion/HRRC Recommendation
The HRRC finds that the names of City facilities are public assets, and that those names reflect and reinforce community values. Therefore, in accordance with sound governance and democratic ideals, the HRRC recommends that the Council establish a process for the naming of City facilities that is transparent and guided by clear
principles, and that will enable community members to have input into naming choices.
To continue to name and rename City facilities without clear standards and a clear process does a disservice to our community, effectively allowing historic practices which reflect dominant cultures to usurp public assets.
Proposed Guiding Principles 1. Authority – The Edina City Council has the sole authority to dedicate, rename, or establish a legal name for a City facility. This is consistent with the principles and
practices of other cities.
2. Goals – Names for City facilities should
• Foster a welcoming community;
• Promote inclusion and a sense of belonging for community users;
• Preserve City history by recognizing and honoring, not erasing, historical moments, persons, or places; and
• Honor exceptionality. 3. Priority – for a park or natural space, priority should be given to a name that assists the greatest number of community users in finding and enjoying the facility. Consideration should be given to a name that reflects one of the following:
• Geographic location or characteristic, to enable the public to identify the site’s location;
38 City of Faribault Naming Policy, page 1.
39 Bartow; 969.
40 Ibid., 970.
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• Natural feature(s) associated with or located in the facility;
• Historic event associated with the facility, to educate the public about the site’s history; or
• Use, service, or program provided at the site.
4. Naming/renaming for individuals – consideration should include
• Significant connection to the facility being named or renamed;
• Significant contribution to the facility and/or Edina community;
• Moral character; and
• Waiting period between time of contribution and naming.
Any process to determine names for new facilities and renaming of existing facilities
must explicitly consider the values and culture being communicated.
Recommendations for Procedure
“Because individuals have little choice but to use the names and trademarks that are
officially appended to the physical public domain, it is important that as citizens they have at least some opportunity to participate in the processes by which these names and trademarks are chosen.”41
The HRRC recommends that the Council establish a process for the naming and
renaming of City facilities that: 1. Allows adequate time for notice in writing to and participation of the public, City-recognized neighborhood associations, and City advisory boards and commissions in
any process to name or rename a City facility;
2. Specifies the means and timing of notice of intent to name or rename a facility; 3. Creates opportunity by application, petition, or other means, for the public, City-
recognized neighborhood associations, and City advisory boards and commissions to
propose a name or names for a City facility; 4. Creates opportunity by public hearing, Town Hall meeting, or other means for the public, City-recognized neighborhood associations, and City advisory boards and
commissions to participate in review and comment on a name or names proposed by
others; 5. Creates opportunity for the public, City-recognized neighborhood associations, and City advisory boards and commissions to recommend a review of and potential renaming of facilities named over 50 years ago
41 Bartow, 963.
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APPENDIX A
City of Edina Park Names
(2022)
DRAFT APPENDIX A
City of Edina Park Names
1. Alden Park -- originally Jackson/Belmore Park; renamed for Gretchen S. Alden,
Edina Village Clerk, 1955-1964. NW quadrant. 2. Arden Park – named for the street leading to its north end. NE quadrant.
3. Arneson Acres Park – named on 1/02/69 for landowners Morton and Katherine
Arneson, who donated the land to the Village of Edina. SE quadrant.
4. Birchcrest Park – located near Birchcrest Drive. NW quadrant. 5. Braemar Park – former Hayes Farm, given “Scottish” name by the Park Board and
Council. SW quadrant. City facilities in the park include:
• Braemar Arena
• Braemar Golf Course
• Warren C. Hyde Clubhouse – named for first Edina City Manager, who served from 1955-1977.
• Courtney Fields – named on 1/09/89 for C. Wayne Courtney, who served 27
years as Mayor and a member of the Village Council.
6. Bredesen Park -- originally Mud Lake Park. Renamed with dedication of wildlife reserve in June 1979 for Arthur C. Bredesen, Edina Trustee and Mayor, 1951-1973. NW quadrant.
7. Browndale Park – named for the street on which it is located, which is named for pioneer farmer Henry F. Brown. Former site of the Waterville and Edina mills. NE quadrant.
8. Centennial Lakes Park – named for the mixed-use development in which it is
located, approved in the City’s centennial year, 1988, and built on the site of a former gravel pit. SE quadrant. City facilities in the park include:
• Hughes Pavilion – originally the Centennial Lakes Park Centrum. Renamed on
7/20/10 for Gordon Hughes, City employee, 1974-2010, and third City Manager, 1998-2010.
• Maetzold Amphitheatre – originally the Centennial Lakes Park Amphitheatre.
Renamed on 1/18/05 for Dennis F. Maetzold, Edina Mayor, 1999-2005; City
Council Member, 1995-1999; and Board of Education Member, 1988-1994. 9. Chowen Park – named for the street on which it is located. NE quadrant.
10. Cornelia School Park – named for nearby Lake Cornelia; located adjacent to
Cornelia Elementary School. SE quadrant.
11. Countryside Park – named for the subdivision in which it is located, just under one mile from Countryside Elementary School. NW quadrant. 12. Creek Valley School Park – located near Creek Valley Road, adjacent to Creek
Valley Elementary School. SW quadrant. 13. Edina Promenade – located north of Centennial Lakes Park. SE quadrant. 14. Edinborough Park – named for the mixed-use development in which it is located.
Edina’s only indoor park, built with TIF funds, and opened in 1987. SE quadrant.
15. Fox Meadow Park – located adjacent to Blake Road. Private donors funded and named park. NW quadrant.
16. Grandview Square Park – named for the mixed-use development in which it is located. NW quadrant. 17. Heights Park – named for the subdivision in which it is located. SW quadrant.
18. Highlands Park – named for the subdivision in which it is located, several blocks
from Highlands Elementary School. NW quadrant. 19. Kojetin Park -- originally 44th Street Park. Renamed for Robert J. Kojetin, Edina Parks & Recreation Assistant Director, 1962-1976; Director, 1977-1994. NE quadrant, in
the former Village of Morningside. 20. Lewis Park – land donated for park and dedicated August 1978. Named for William Wardwell Lewis, former member of Edina Park Board, 1948-1973, and Edina Planning Commission, 1952 – [date unspecified]; Park Board Chairman, 1968. SW quadrant.
21. McGuire Park – located on McGuire Road, which is named for the family that farmed on the site into the 20th century. SW quadrant. 22. Melody Lake Park – located between Melody Lake and the street, Melody Lane.
NW quadrant. 23. Normandale Park – named for subdivision in which it is located. SW quadrant. 24. Pamela Park – named for daughter of former land owner. NE quadrant.
25. Fred Richards Park – originally Lake Edina Park. Adjacent City parkland and small private golf course combined to build Fred Richards Golf Course, named for former Mayor and City Council Member, xxxx-xxxx. When golf course closed in 2014, park renamed Fred Richards Park. SE quadrant. VERIFY
26. Rosland Park -- originally Lake Cornelia Park. Renamed for Kenneth Rosland, Edina Parks & Recreation Director and City Manager, 1958-1998. SE quadrant. City facilities in the park include:
• Edina Art Center, including Peggy Kelly Media Arts Studio, named for former member, Edina Board of Education, 1978-1984 and first female chair; former member, Edina City Council, 1985-1997; Mayor Pro Tem, 1989-1997.
• Edina Aquatic Center
27. St. John’s Park – named for street on which it is located. NE quadrant. 28. Sherwood Park – named for street on which it is located. NW quadrant.
29. Strachauer Park -- originally Beard Park; renamed for Hermann H. Strachauer,
Edina Park Board Member, 1948-1961; Chairman, 1951-1960. NE quadrant. 30. Tingdale Park – named for street on which it is located. NW quadrant.
31. Todd Park -- originally Division & Rutledge Park. Open space donated for park 1972. Renamed in May 1978 for T. Lea Todd, who served 1943-1968 as Edina Planning Commission Chairman and President, Edina Village Council. NW quadrant.
32. Frank Tupa Park -- named for “a long-time council member”. Across Eden Avenue
from Edina City Hall. NE quadrant. 33. Utley Park -- named for Harold Utley, “long-time resident and Council member.” Formerly part of Wooddale Park, located across W. 50th Street. Now site of Edina Veterans Memorial. NE quadrant.
34. Van Valkenburg Park -- originally Malibu Park and Grandview Park, and, before that, part of Grandview Cemetery. Renamed for James Van Valkenburg, Edina Mayor, xxxx-xxxx. NW quadrant.
35. Walnut Ridge Park – named for street leading into it, Walnut Drive. NW quadrant. 36. Weber Park -- originally Morningside Park, located in the Village of Morningside, 1920-1967. Renamed for George Weber, longtime Morningside resident and constable. NE quadrant.
37. Williams Park – named for Sgt. Dwight Carleton Williams, 1924-1945, ski trooper, 10th Mountain Division, killed in action in Italy, 4/30/45. Former mill site on which Williams played as a boy. NE quadrant.
38. Wooddale Park – former site of and named after Wooddale Elementary School, 1926-1985. NE quadrant.
39. Yancey Park – originally Garden Park. Renamed on 10/07/20 and dedicated on 10/04/21 for B.C. and Ellen Yancey, Edina’s most prominent Black pioneers. B.C. (Beverly Claiborne) served as village incorporator, Recorder, and Justice of the Peace and Ellen founded the Edina PTA. NW quadrant.
40. York Park – named for street on which it is located. Site of Timmy Nunn memorial baseball field. NE quadrant. 41 Yorktown Park – named for subdivision in which it is located. SE quadrant.
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Appendix B
Record of City of Edina Park and Facilities Names and Donations
(2012)
Prepared by Robert J. (Bob) Kojetin, City of Edina Park & Recreation Director (1977-1994), Board member of the Edina Historical Society, and member of the Naming of
Parks and Facilities and Donations Working Group. 61 pages.
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Appendix C – ALL DOCUMENTS NEED TO BE ADDED
Minutes of City of Edina Park Board and City Council meetings
(2010 - 2012)
Park Board discussions on naming; Council authorization for formation by the Park Board of the Naming of Parks and Facilities and Donations Working Group; Council
discussions of Working Group recommendations.
1. Minutes of the City of Edina Park Board Work Session, 8/09/10, page 7. 2. Minutes of the Regular Meeting of the Edina City Council, 4/05/11, page 4. 3. Minutes of the City of Edina Park Board Regular Meeting, 4/12/11, page 3.
4. Minutes of the Regular Meeting of the Edina City Council, 8/21/12, page 4.
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Appendix D
Report/Recommendation by the Naming of Parks and Facilities and
Donations Policy Working Group to the City of Edina Park Board
(May 8, 2012)
1. Revised Agenda for Park Board Meeting 5/08/12. 2 pages.
2. Report by Park & Recreation Department Director John Keprios. 1 page. 3. Summary Document [report] by Ellen Jones, Park Board Vice Chair and Working Group Chair. 7 pages. 4. Draft City of Edina Naming and Dedication of City Facilities Policy. 8 pages. 5. Introduction to record of Park and Facilities Names and Donations. 1 page.
REVISED AGENDA
CITY OF EDINA, MINNESOTA
PARK BOARD MEETING
CITY COUNCIL CHAMBERS
Tuesday, May 8, 2012
7:00 P.M.
CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MEETING AGENDA
IV. ADOPTION OF CONSENT AGENDA
A. Approval of Minutes — Regular meeting on Tuesday, April 10, 2012
V. COMMUNITY COMMENT
During "Community Comment, " the Park Board will invite residents to share relevant
issues or concerns. Individuals must limit their comments to three minutes. The
Chair may limit the number of speakers on the same issue in the interest of time and
topic. Generally speaking, items that are elsewhere on tonight's agenda may not be
addressed during Community Comment. Individuals should not expect the Chair or
Board Members to respond to their comments tonight. Instead, the Board might refer
the matter to staff for consideration at a future meeting.
VI. REPORTS/RECOMMENDATIONS
A. Naming of Parks and Facilities Working Group Recommendations
B. Donations Policy Working Group Recommendations
C. Veterans Memorial Sculptor Contract
D. Reschedule November Park Board Meeting
VII. CORRESPONDENCE AND PETITIONS
VIII. CHAIR AND BOARD MEMBER COMMENTS
IX. STAFF COMMENTS
X. ADJOURNMENT
The city of Edina wants all residents to be comfortable being part of the public process. If you need
assistance in the way of hearing amplification, an interpreter, large -print documents or something,
please call 952-927-8861 72 hours in advance of the meeting.
REPORT/RECOMMENDATION
To: EDINA PARK BOARD Agenda Item Item No. VI. B.
From: John Keprios, Director
Park and Recreation Department
z Action
Discussion
InformationDate: May 8, 2012
Subject: Naming of Parks and Facilities Working Group Recommendations
ACTION REQUESTED:
The Naming and Donations Working Group recommends that the Park Board advise the
City Council to adopt the attached new Naming of Parks and Facilities Policy.
INFORMATION/BACKGROUND:
With the City Council's approval, the Park Board formed a Naming and Donations Policy
Working Group in September of 2011. The members of the Working Group include
Chair Ellen Jones, Park Board member Joseph Hulbert, Andy Otness, Bob Kojetin, Ray
Giske, David Mesenbourg, Tom Gump and Rick Ites.
As outlined in the attached "Summary Document" provided by Ellen Jones, "The
mission of the Naming and Donations Working Group is to recommend to the City
Council, with the guidance of the Park Board, a policy guiding the naming and
renaming of City facilities".
Ellen Jones will lead the discussion on the Working Group's final recommendations.
Formal Park Board action is requested on this agenda item.
ATTACHMENTS:
Summary Document
Proposed Naming Policy dated 4.25.12
Naming of Parks and Facilities
SUMMARY DOCUMENT
By: Ellen Jones, Vice Chairperson of Edina Park Board and Chairperson of the Naming of
Parks and Facilities and Donations Policy Working Group
The following Summary Document was created by Park Board Vice Chairperson Ellen
Jones and submitted Thursday, May 3, 2012 to be included in the Park Board packet.
Date: May 8, 2012 Park Board Meeting Agenda Item
Subject: The Naming and Donations Working Group Presentation
Attachments:
Current Donations Policy dated 2000
Current Donations, Sponsorships and Advertising Policy dated 1995
Proposed Donations Policy revision dated 4.25.12
Proposed Naming Policy dated 4.25.12
Naming of Parks and Facilities
Mission: The mission of the Naming and Donations Working Group is to recommend to the City
Council, with the guidance of the Park Board, a policy guiding the naming and renaming of City
facilities. This group will also recommend to City Council, with the guidance of the Park Board,
revisions to the current donations policy for gifts to the City.
Working Group Members: Chair Ellen Jones, Park Board member Joseph Hulbert, Andy
Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gump and Rick Ites. Many, many
thanks for their hours of service. Thanks also to Janet Canton for providing assistance organizing
meetings.
Timeline:
September 26 — March 12: Working Group met about every 2nd and 4th Monday for one hour to
research and develop policy. We reviewed the naming policies of several cities throughout the
United States.
March 13: Distributed draft Donations and Naming policies to the Park Board, Director of Parks
and City Manager and Assistant Manager for comments and suggestions.
March 26: Working Group discussed suggestions and created the Proposed Policies for Public
Review.
March 27: Sent a public announcement statement to the Director of Communications for
approval and posting on the website and in the public media. This announcement included the
proposed policy and the date that the park board would hear public comment on the policy.
April 10: The Working Group asked the Park Board to send them comments and questions about
the policies.
April 23: The Working Group reviewed all comments received to date.
May 2: The Working Group provided the Director of Parks the Proposed Policies, copies of
current policies, and policy and process summary to be included in the park board packet.
May 8: [proposed] The Park Board allows the public to comment on the proposed policies,
discusses and votes on whether or not to advise the City Council to accept the policies.
Page 1
Donations Policy
Background
Edina currently has two Donations Policies.
1. The Donations, Sponsorship and Advertising policy dated 1995. This policy states:
As a matter of procedure, the City Manager has the authority to accept donations under
5,000 and less than 12 month commitments of donated services.
Each department is responsible for coordinating their own fundraising campaign and
record keeping of those donations.
Procedures for acknowledging donations of $5,000 or more.
Prohibits donations that contain a condition that the City advertise alcohol, tobacco or
gambling
Prohibits accepting products or services that pose an unacceptable level of liability to the
City.
Also included in this policy are definitions and specifications on sponsorship and
advertising, including a prohibition of advertisements on "baseball field fencing,
backstops, tee signs at the golf courses, hockey boards etc."
The Donations/Memorials Policy adopted June 20, 2000, states the City's policy on the
recognition of donors. The policy details the type of recognition the City will provide for various
donation amounts. It gives details for recognizing donors on a permanent display board that has
not been created.
The City does not have citywide written standards for accepting donations or procedures for
processing and recording donations.
Compared to cities nationwide with populations about the same size as Edina, Edina receives
significantly fewer volunteer hours (National Recreation and Park Association Proragis report).
Analysis
The City should provide a welcoming and efficient system of uniformly and responsibly
accepting, recording and acknowledging donations of money, material goods and services.
Recommendation
1. The Working Group recommends that the City should replace the two existing Donations
Policies with the proposed Donations Policy dated 3.25.12.
2. The Working Group recommends that the City should develop a citywide, uniform
Donation Application and Agreement Form.
3. The Working Group recommends that the City should create new Sponsorship and
Advertising Policies.
4. The Working Group recommends that the City should develop a donations pamphlet
showing benches and other items that the City needs in order to make the process of
donation easier and welcoming.
5. The Working Group recommends that the City enhances their volunteer programs to
increase resident donations of their time and services toward the improvement of the
community.
6. The Working Group recommends that the City should evaluate and enhance the ways it
recognizes donors of goods and services. The goal of this would be to encourage an
increase in donations to the City and to promote citywide consistency.
Page 2
Recommended Donation Policy dated 3.25.12 Summary
Creates systematic procedures for the review and acceptance of gifts.
Considers grants from the Edina Community Foundation as donations.
Considers sponsorships and gifts of professional services as donations.
Sets out guidelines for accepting donations.
Limits the potential burden to the City of a donation by requiring that the donation cover
the full cost for the purchase, recognition, installation and, if required, maintenance
during the expected lifespan of the gift.
Does not consider pledges as donations.
States a specific life span for all material donations and that the City does not guarantee
the life span of the donation.
Creates a citywide standard Donation Application and Agreement Form
Requires the terms of all restricted donations to be clearly stated on the Donation
Application and Agreement Form.
Requires that installation of a gift shall not commence until donations for the cost of the
entire donation project have been accepted by City Council.
States that the City Council has sole authority for accepting all gifts.
States that the City Manager's office is responsible for maintaining a record of all
donations and overseeing the donation process.
States that City Council has sole authority for accepting all gifts.
Designates that the City Manager's office is responsible for maintaining a record of all
donations and overseeing the donation process.
Requires a donation of at least $10,000 before an individual donor plaque would be
considered and continues to allow for the recognition of donations of amounts less than
10,000 on compilation boards containing several donors names.
Allows for a recognition plaque for the donation of park benches, which aligns with the
City's Living Streets policy.
The Working Group incorporated a few suggestions made during the public comment period into
the recommended Naming policy. These changes to the policy presented for public review are
shown as mark-ups in red into the proposed policy that you have received, and stated below:
Page 2 New Donations Acceptance Criteria
Changed "Criteria" to "Guidelines."
Reason: The council may wish to have some leeway in accepting a donation.
Page 3 Conflict of Interest
Inserted "real or perceived"
Reason: States a broader definition of conflict of interest.
Page 4 and 5. New and Existing Donations
Inserted:
For capital campaigns that involve donations from multiple donors toward a large-scale project, the City
shall not contract for services or purchase material for any of the project until donations cover the cost of
those services and materials.
The City shall not contract for services or purchase material toward large-scale capital campaign projects
until donations have been received for 100% of the donation goal for the entire project. To make
Page 3
exceptions to this policy requires approval of City Council with the amount needed to complete the
project clearly stated and available in the budget. This is to ensure that the City will not be burdened by
an incomplete project or will need to go into debt if donation goals are not met."
Reason: To motivate donors to contribute to the campaign, to ensure that the City is not burdened by
an incomplete project or will need to go into debt if donation goals are not met, and to have a public
record of discussions regarding the City budget.
Inserted "a large-scale" to describe certain donations.
Reason: Donors of a small-scale item such as a camera should not need to be notified of the
disposition of their donation, nor have its life span stated.
Page 6 Donation Approval and Acceptance Steps
Requires longer term record keeping for large-scale donations than for small-scale donation.
Reason: All donations are a part of the public record when they are approved by City Council.
There is no need to keep the Donation Application and Agreement Form for small-scale
donations for a long time.
Page 7 Recognition Procedures
Recognizes donors of $10,000 or more by allowing for an individual plaque. Allows for
recognition on a name plaque as a part of a compilation of donors on a recognition board.
Reason: This is generally consistent with the policy in practice and written in the 2000 Donations
Policy.
Page 4
Naming and Dedications Policy
Background
Edina does not have a written policy for naming, renaming and dedicating City facilities. The
City's established naming practice is:
1. Someone recommends a name for a facility to a City staff or council member.
2. This person routes the name proposal to either the citizen board advising on the facility or
the City Council. If sent to a board, advice will be given, and, if approved;
3. The naming and renaming proposal will be placed on the City Council agenda for action.
City Council discusses and votes on the proposed name of a facility.
The City Council approved the formation of the Naming and Donation Working Group after
hearing concerns about the current practice.
Naming and dedication requests come up several times a year. Currently the staff is aware of
four naming proposals.
Analysis
The naming and renaming of City facilities should be reserved for exceptional circumstances.
The naming process should be systematic, consistent, fair, open to all residents, and should
indicate public support. It should aid in the selection of names that are respectful of the history of
the site or area, suitable to the property or facility, and useful to the public in locating the facility.
Recognizing a person by dedicating a City facility in their name is considered a truly special
honor and requires public support.
The City Council and Park Board heard the following concerns raised about the current practice.
These are valid concerns and warrant addressing in policy and with procedures.
1. Residents of Edina and especially neighbors of the facility were not being informed of
and involved in the naming process.
2. There was no stipulation for public support for a name.
3. There was no study time or reflection period for a name proposal.
4. The process for naming or renaming was not clear or transparent.
5. The process does not allow for consideration of a total spectrum of potential name ideas,
but only whether to accept the proposed name.
6. The City's history may not be protected with current practice.
7. The process did not adequately allow for a full discussion of diversity, Edina residency,
geographic nor historical merit.
8. Most other cities have policies that either do not allow or severely restrict naming of
facilities for individuals. Edina has many facilities named for individuals.
9. There are a relatively small number of facilities to name, so the naming process should be
extremely intentional.
Recommendation
The Working Group recommends that the City develop a single naming and dedication policy for
all City facilities.
This Working Group is not recommending that the City should rename current facilities to meet
specifications in this policy.
Page 5
The Working Group recommends that the Park Board approve the attached Naming and
Dedication Policy dated 3.27.12.
The Working Group recommends that the City develop an "Application for Naming and
Dedicating Facilities" and a "Petition to the City of Edina" as shown in concept in the Appendix
of the Policy.
Naming Policy Summary
Renaming City facilities is discouraged.
Naming and renaming should be based on the following order of preference:
1. Geographic location
2. Historic events, people and places
3. Exceptional individuals
4. Major gifts
Naming and renaming for individuals should be restricted to people who have lived in
Edina, and who have made a particularly meritorious contribution over a period of
several years, to the general public interest or the interest of the City.
There should be a time after that person has died or ended their relationship with the City
to reflect upon an individual's legacy before the naming process begins.
Naming should be based on the person's contributions to the City rather than the
circumstances of their death.
Public support should be demonstrated with a petition process: Naming and renaming
requests require 300 signatures; dedications require 100 signatures.
On a rare occasion, a gift to the City will warrant the naming of that facility at the request
of the donor.
Naming for a business entity shall be for a fixed period.
No City facility, except a major feature, shall be named for a business entity. This is to
minimize confusion and costs to the City for updating signage and maps.
The public and specifically the facility's neighborhood will be informed of a naming
opportunity or proposed renaming and will be provided an opportunity to comment.
The City Manager's office will manage the procedures and record keeping of all naming
and dedication requests.
The Working Group incorporated a few suggestions made during the public comment period into
the recommended Naming policy. These changes to the policy presented for public review are
shown as mark-ups in red into the proposed policy that you have received, and stated below:
Page 5. Public Hearing
We request that the words "public hearing" be changed to "the public will be provided an
opportunity to give input during a public meeting."
Reason: Public Hearing is a very specific term defined in state statute and that entails very
specific notice requirements and penalties for noncompliance. For this policy, creating a forum
for public comment is what was intended.
Page 2 and 3 Historic People
Page 6
We request that the word "people" be added to the phrase Historic events and places and defined
as having passed away over 100 years ago.
Reason: There is a strong desire to capture the history of Edina not only by naming of historic
events and places but also by naming for its historic people.
Page 2 and 5 Record Keeping
We request that the City Manager's office is responsible for overseeing the record keeping of
names and dedications of public facilities.
Reason: There should be one office that compiles and updates the City records on naming and
dedications.
Page 5 Cost of Plaque and Installation
We request that the person(s) proposing a name, renaming or dedication pay for the cost of
creating a plaque and its installation. This cost will be calculated by the City at the time of
application. This money will be refunded if the application is denied.
Reason: There are significant costs involved with creating and installing a name and dedication
plaque. The City does not budget for these expenses.
Page 3 Naming and Renaming for Exceptional Individuals
We request that the first paragraph in this section be changed as following:
NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS
No parks shall be named or renamed for an individual, unless that individual has been deceased for at
least 100 years and influenced Edina's history, or that individual's name was requested as a condition
made by the donor of the land. The name of an individual shall be considered for a building, major
feature, or street only if such individual was or is a resident of the City of Edina and has made a
particularly meritorious contribution, over a period of several years, to the general public interest or the
interests of the City. Priority should be given to those individuals who have contributed to:
Reason: To allow for the naming of parks after people who influenced Edina's history and people who
donate land.
Page 7
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11
o e CITY OF EDINA
y NAMING AND DEDICATION
yc . V tfv•
OF CITY FACILITIES POLICY
OVERALL POLICY
It is the policy of the City of Edina that the naming of new and renaming of existing city facilities
be reserved for exceptional circumstances and that the naming process comply with the
guidelines, principles and procedures set forth in this policy. This establishes a systematic and
consistent policy that is fair, open to all residents, objective, and aids in the selection of names
that are respectful of the history of the site or area, suitable to the property or facility, and
useful to the public in locating the facility. Recognizing a person by dedicating a City facility in
their name is considered a truly special honor. This policy creates criteria and procedure for the
dedication of City facilities.
DEFINITIONS
City Facilities" shall include the following:
Parks: All traditional designed parks, natural open spaces, historic sites, golf courses,
specialized parks (e.g. skate park), physical features (lakes), and trails under the City of
Edina Park and Recreation Department's jurisdiction or management.
Buildings: Structures that house city programs.
Major Features: Major, permanent components of city facilities, (e.g. ball fields, swimming
pools, tennis courts, playgrounds, fountains, art work, Senior Center). Rooms within
buildings are considered to be major features.
Streets: The streets owned by the city of Edina.
Amenities: Smaller furnishings and facilities in the city system (e.g. benches, small fountains,
tables, etc.). Amenities are not formally named. Recognition for donated amenities is
covered under the City of Edina Donations Policy.
AUTHORITY
The establishment of formal legal names of permanent real property and streets owned by the
City of Edina requires administrative action. Only the Edina City Council retains the authority to
establish formal legal names for City -owned facilities.
Only the Edina City Council retains the authority to dedicate City facilities.
BACKGROUND AND PRINCIPLES
The names of parks, buildings, major features and streets tell the important stories of Edina's
history. Edina has limited public resources for changing names on signs, maps, and literature.
Excessive naming of individual features in City facilities can be confusing to the public. The
proliferation of names for different parts of the same park or building should be avoided.
NAMING AND DEDICATIONS POLICY
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DRAFT FOR PARK BOARD PRESENTATION
Naming or renaming city facilities is often complex and emotionally charged, since naming is a
powerful and permanent identity for a public place. Approval of naming requests is a
prestigious, cautious process that needs to be undertaken only when appropriate and requires
great care and thoughtfulness.
The philosophy of the City is to reserve the naming or renaming of City facilities to those
circumstances which tradition and practice have shown to best serve the interests of the City
and assure a worthy and enduring legacy for the City's system. To this end, the City supports
consideration of proposed names in the following order of preference:
1. Geographic location
2. Historic events, people and places
3. Exceptional individuals
4. Major gifts.
City buildings and major features could, however, be dedicated in memory or honor of a person
and an appropriate plaque indicating such, be dedicated and placed at the facilities. City
facilities should not be overwhelmed with dedications, since that would detract from the
aesthetic and may adversely affect the experience or value of the City service being provided.
Names that have offensive connotations shall not be considered. Names that are similar to or
the same as existing City facilities should not be considered. The naming of currently unnamed
City facilities shall comply with this policy and procedure. A City facility shall not be subdivided
for the purposes of naming. City facilities that are held through a short-term lease or use
agreement or improvements that have a limited life span or occupancy shall not be named. All
signs on City facilities must meet City sign standards. For a new City facility, the appropriate
Advisory Board shall use any open, systematic, fair and organized public process (i.e.
nominations, contests, etc.) that they decide upon to propose a name. The City Manager or
appropriate department is responsible for overseeing compliance with policy and procedure
requirements and for keeping a record of all approved name and dedication proposals
RENAMING CITY FACILITIES
Proposals to rename City facilities are not encouraged and should be entertained only after fully
investigating and considering the potential impact of dropping the current name. Names that
have become widely accepted in the community should not be abandoned unless there are
compelling reasons and strong public sentiment for doing so. Historical or commonly used place
names should be preserved wherever possible.
A facility named for an individual who has fallen into disrepute and whose name no longer lends
honor and dignity to the facility shall be changed. In the event of change in use, demolition, or
extensive reconstruction of a building, its name or any part of it can be considered for renaming.
Notwithstanding the above, the City Council reserves the right to change the name of any
named City facility in order to maintain consistency with the entire policy.
NAMING AND RENAMING FOR GEOGRAPHIC LOCATION, HISTORIC EVENTS, PLACES,
AND PERSONS
NAMING AND DEDICATIONS POLICY
DRAFT FOR PARK BOARD PRESENTATION 4.25.12
iq
DRAFT FOR PARK BOARD PRESENTATION
It is appropriate to consider naming or renaming a City facility for its geographic location (e.g.
natural feature, neighborhood and significant area) and when it is located near or otherwise
associated with events, people and places of historic, or cultural significance. This should be
done only if the historic nature can be demonstrated through research and documentation. To
be considered historic a person should be deceased for at least a hundred years. Priority should
be given to those historic events, people and places that commemorate the history of:
1. The City of Edina
2. The State of Minnesota
3. The Nation.
NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS
No parks shall be named or renamed for an individual, unless that individual has been deceased
for at least 100 years and influenced Edina's history, or that individual's name was requested as
a condition made by the donor of land. The name of an individual shall be considered for a
building, major feature, or street only if such individual was or is a resident of the City of Edina
and has made a particularly meritorious contribution, over a period of several years, to the
general public interest or the interests of the City. Priority should be given to those individuals
who have contributed to:
1. The City facility itself
2. The City of Edina
3. The State of Minnesota, or
4. The Nation.
The naming and renaming of a building, major feature, or street for an individual shall occur no
sooner than five years after that person has ended his or her substantive, formal relationship
with the City. The name used should be the family name. A person's name may be used in
naming a City facility only once.
Naming a building, major feature, or street for an individual who has passed away or for a
person or group of people who perish in or survive a tragic event shall only be considered after
at least five years has passed after the death or public shock generated by the event has
dissipated. Potential sites for such memorials should be focused on City facilities that are more
known for their serene and contemplative nature rather than active locations, such as playing
fields and recreational locations. Emphasis should be placed on the contributions or heroic
actions of these people to the City of Edina during their lifetime, rather than the circumstances
of their death or survivorship.
Exceptional service and strong public sentiment is more objectively evaluated after a waiting
period. Strong public support for naming and renaming shall be demonstrated through a
petition process as described in this policy. Naming and renaming requests require 300
signatures, and dedications require 100 signatures to be considered. The petition process for
naming, renaming and dedication for a person shall commence no sooner than five years after
that person has ended his or her relationship to the City, or has died.
NAMING AND RENAMING FOR MAJOR GIFTS
The donation of gifts to the City of Edina should be reward in itself. On a rare occasion, a gift will
be made to the City that is of such magnitude and generosity that naming of a City facility in
NAMING AND DEDICATIONS POLICY
DRAFT FOR PARK BOARD PRESENTATION 4.25.12
3
DRAFT FOR PARK BOARD PRESENTATION
honor of or at the request of the benefactor will be considered. Any request to name or rename
an existing City facility must comply with the prior stated policy. Except for donations of land,
naming for a gift will be for a fixed period and not indefinitely. The period will be clearly stated
in the naming request. As a guideline but not a limitation, the threshold for naming rights on a
City facility shall include one or preferably more of the following:
1. Deeding to the City most if not all of the land on which the City facility to be named
will be situated
Payment of one-half or more of the capital costs of constructing a City facility to be
named (depending on the availability of matching fund or grants)
Some long-term endowment for the repair and maintenance of the donated City
facility.
4. The provision of significant program costs for facilities that will serve City program
needs.
Likewise, as a guideline but not a limitation, the threshold for naming rights on major features
would include one or preferably more of the following:
1. Payment of the capital costs for constructing and installing a major feature
2. Some long-term endowment for the repair and maintenance of the donated major
feature
3. The provision of significant program costs for any major feature giving rise to or
supporting a City program.
In no case shall naming or renaming be considered
accordance with the City of Edina Donations Policy.
NAMING FOR ENTITIES
e in
No city facility, except a major feature, shall be named for a business entity. A major feature may be
named for a business entity making a restricted gift to the City. Limiting the naming opportunity by
business entities to major features will minimize confusion, and costs to the City for updating signage and
maps. Each request is evaluated on its own merits and requires public input. The renaming of any existing
major feature is discouraged even when associated with a major enhancement gift. Naming for a business
entity shall be for a fixed period and not indefinitely. The period will be clearly stated and not longer than
the life of the business entity.
In making a recommendation for a business name, the reputation of the company and community
support shall be considerations. The City reserves the right to remove an entity name on a major feature if
the business entity turns out to be disreputable or subsequently acts in a disreputable way.
PROCEDURES FOR COMMUNITY OR CITIZEN REQUESTS TO NAME OR RENAME AND
DEDICATE A CITY FACILITY
Applicant's Process. An applicant must complete an Application for Naming Facilities Form
Appendix 1), compile a petition and make a presentation to the appropriate advisory board (the
Board") to recommend naming or renaming a City facility. Details of the process include:
Return a completed Application for Naming or Dedicating Facilities Form (Appendix 1),
along with a check to cover the cost of a plaque and installation, to the appropriate
department director or City Manager to start the process. The check will be returned if
the application is denied.
NAMING AND DEDICATIONS POLICY
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4
DRAFT FOR PARK BOARD PRESENTATION
Complete and compile a Naming or Dedication Petition (Appendix 2). The petition shall:
o State the reasons for the proposed name
o Show community support for the proposed name
o Contain a description and/or map depiction of the boundaries of the City facility
to be named
o May only be signed by persons living in Edina
o May only be signed by persons voting age or older
o Show the name, address and telephone number of each signer
o File the petition with the appropriate department director or City Manager
within ninety days of receipt of the forms from the City, unless the director
grants in writing additional time for completing the petition
o Be initiated no sooner than five years after that person has ended his or her
relationship to the City, or has died
Naming and renaming requests require 300 signatures on the petition. City facility
dedications require 100 signatures.
The petitions may be dropped off, mailed, or emailed to:
City of Edina
Administration
C/O City Manager
4801 W. 50th St.
Edina, MN 55424
5. A formal request to the City Manager, director or board chair that the proposal be put
on the agenda for the next possible Board meeting. Notice to all residents in the area
shall be given.
6. A formal presentation of the naming, renaming, or dedication proposal to the Board.
The public will be provided an opportunity to give input during a public meeting for all
naming proposals, this opportunity is not required for dedication proposals.
7. The appropriate advisory board shall not recommend a proposed name, renaming or
dedication to the City Council unless the criteria set forth in this policy are met. An
affirmative vote of a majority of voting members present when quorum is met, is
necessary to recommend
8. The City Council shall not consider a name, renaming or dedication of City facilities
unless the criteria and procedures set forth in this policy are met.
9. The City Manager or designate will keep a record of the name and dedication, including
a brief summary of who and why this person is being recognized on a Name and
Dedication of Facilities Master List.
PROCEDURES FOR NAMING AND RENAMING A CITY FACILITY ASSOCIATED WITH
MAJOR GIFTS.
Upon the receipt of a completed restricted gift application, the appropriate department Director
or City Manager will submit a proposal to the Board for the naming or renaming of a City Facility
that is associated with a major gift to the City. A petition process is not necessary. For naming or
renaming a City Facility, City Council approval is required, as provided above, following a
favorable recommendation by the Board. Public notification and the opportunity for public
comment are required.
NAMING AND DEDICATIONS POLICY
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1
DRAFT FOR PARK BOARD PRESENTATION
NAMING AND DEDICATIONS POLICY
DRAFT FOR PARK BOARD PRESENT
DRAFT FOR PARK BOARD PRESENTATION
Appendix 1. [Concept Draft]
City of Edina
Application for Naming or Dedication of Facilities
The naming of facilities follows City of Edina Naming and Dedication of City Facilities Policy. The Edina City
Council has sole responsibility for establishing legal names and for dedications of City facilities. I/We
request that the name of
Name of applicant(s))
be considered for the
Proposed name)
Naming [ ], Renaming [ ] or Dedication [ ]
Please check)
of the facility
Current or functional facility name)
located at
Address or descripton of location)
Summary of recommendation (additional documents may be attached to this form)
If proposed name recognizes a living or deceased person, please include the following:
Compelling evidence of the extraordinary contribution of the individual to the City of Edina.
Evidence person was/is a resident of Edina.
Date of death.
Date of last official relationship to the City.
Explanation of how naming or renaming facility would improve community awareness and
historical perspective.
Person(s) submiting this proposal (please print):
Name A
Phone email:
dress
NAMING AND DEDICATIONS POLICY
DRAFT FOR PARK BOARD PRESENTATION 4.25.12
date:
7
DRAFT FOR PARK BOARD PRESENTATION
Appendix 2.
Concept Draft]
Naming or Dedication Petition
to the City of Edina
In accordance with the procedure established by the City of Edina, the undersigned hereby petition to
recommend the name of
proposed name or dedication)
of the
current or functional Rr•rty name)
located at
In support of this petition, each of the undersigned affirms and states:
1. That he/she lives in the City of Edina at the time of signature, is of voting age or older.
2. That the reasons for the proposed name are as follows:
3. That there is community support for the proposed name as illustrated by the signatures below.
NAME STREET ADDRESS ZIP PHONE NO. DATE
1.
2.
3.
4.
5.-
6.-
7._
6.
7.
8.-
9.-
10.
9.
10.
CIRCULATED BY: [FILL IN NAME] PAGE 1 OF [FILL IN NUMBER]
NAMING AND DEDICATIONS POLICY
DRAFT FOR PARK BOARD PRESENTATION 4.25.12
8
The following is a record of 200 park names, memorials, plaques and donations in the City of
Edina in the past 75 years or so.
The record is not complete, but it is a start to creating a single document recording all of the
memorials and donations to the City of Edina.
Before a recent change in state law, cities were not required to accept donations through the City
Council. I know many residents donated items without official acknowledgement in the city
records. I also know that some memorials have been lost to time: benches, trees, gardens and
plaques get moved or deteriorate.
Residents often gave when they saw a need, without expectation of public acknowledgement:
A coach who didn't have enough football dummies at the park he was coaching went out
and bought 12 dummies on his own and donated them to the city.
The parking lot at old Wooddale Park was donated by St. Stephen's church. The city paid
for the $200,000 parking lot up front but the church paid for the parking lot over time
through special assessments.
The concrete stadium at the football soccer field behind Braemar was built by the then -
president of the football association board. Using the city's design, his company built the
stands. The dollar amount of the donation is unknown, but the impact was significant.
Braemar Men's Club and the Braemar Women's Leagues saw needs at the golf course or
clubhouse and donated money to make improvements.
The Lions took out a $10,000 mortgage to pay for the Showmobile, a traveling stage
where bands and other groups performed in Edina. I remember attending a burning of the
mortgage ceremony down by the old maintenance garage.
These are just a few of the stories of Edina residents' good will. Many will have been forgotten,
but I hope through research and contact with past employees and residents that these stories can
be recorded.
This could be a great record of history for the future. I know from my many years on the Edina
Historical Society Board that residents often want to know the history behind the names of the
public buildings and roads in their community.
The Naming and Donations Committee has recommended maintaining one record for every
department in the city to list donations. I have been to many memorable naming ceremonies, but
a consistent policy and one document will ensure that the names and donations will be
remembered long after the ceremony is over.
It has been an honor to work on this project. I will continue to work on this project as long as I
am able.
Sincerely,
Bob Kojetin
DRAFT COPY DRAFT COPY 13
Appendix E
Report/Recommendation by the City of Edina Park Board
to the Edina City Council
(August 21, 2012)
1. Agenda for Regular Meeting of the Edina City Council, 8/21/12. 3 pages 2. Report by Park & Recreation Director John Keprios. 2 pages 3. Draft City of Edina Naming and Dedication of City Facilities Policy as approved by the Park Board on 5/08/12. 9 pages
4. Minutes of the Meeting of the Park Board 5/08/12. Agenda Item No. VI.A., pages 1-6.
AGENDA
CITY COUNCIL MEETING
CITY OF EDINA, MINNESOTA
CITY COUNCIL CHAMBERS
AUGUST 21, 2012
7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MEETING AGENDA
IV. ADOPTION OF CONSENT AGENDA
All agenda items listed on th1e consent agenda are considered routine and will be enacted by
one motion. There will be no separate discussion of such items unless requested to be
removed from the Consent Agenda by a Member of the City Council. In such cases the item
will be removed from the Consent Agenda and considered immediately following the
adoption of the Consent Agenda. (Favorable rallcall vote of majority of Council Members
present to approve.)
A. Approval Of Minutes — Regular Meeting,Of August 6, 2012 and Work Session Of August
6, 2012,
B. Receive Payment Of Claims As Per: Pre -List Dated 08/9/2012, TOTAL $973,242.26 And
Per Pre -List Dated 08/16/12 TOTAL $1,259,069.08 And Credit Card Transactions dated
06/25/12 to 07/ 25/12 TOTAL $23,282.23
C. Appointments To The 2012 Human Services Task Force
D. Request For Purchase — 2012 Microsoft Enterprise Agreement Renewal
E. Request For Purchase -Weber Park Basketball Court.Renovation
F. "SGN /Wendel Architect /Engineering Services For The. Countryside Park Shelter Buildings
G. Resolution No. 2012 -104 Findings of Fact 4024 Bruce Avenue Appeal Certificate Of
Appropriateness
H. Request For Purchase — Gallagher Drive 'And Nine Mile Creek Regional Trail
Improvements — Contract No. ENG 12 -8
I. Reject Bids — Raw Water Main Piping — Contract No. PW 12 -2
J. RJM Construction Management Services Contract
Agenda /Edina City Council
August 21, 2012
Page 2
SPECIAL RECOGNITIONS AND PRESENTATIONSV
A. Jan Callison, Hennepin County Commissioner
B. Images of Edina Photo Contest Winners Presentation
VI. COMMUNITY COMMENT
During "Community. Comment," the City Council will invite residents to share new issues or
concerns that haven't, been considered in the past 30 days by the Council or which aren't slated
for future consideration. Individuals must limit their comments to three minutes. The Mayor
may limit the number of speaks on the same issue in the interest of time and topic. Generally
speaking, items, that are elsewhere on tonight's agenda may not be addressed during
Community. Comment. Individuals should not expect the Mayor or Council to respond to their
comments tonight. Instead the Council might refer the matter to staff for consideration at a
future meeting.
VII. REPORTS /RECOMMENDATIONS: (Favorable vote of majority of Council Members present to
approve except where noted)
A. Resolution Nos. 2012 -94 And 2012 -95 Edina Emerald Energy Program: Approve'
Application, Certify Special Assessment And Issue Special Revenue Bond
B. Special Assessment Policy Revision
C. Donations Policy Revision
D., Naming And Dedication Of City Facilities Policy
E.: User Fee Policy
F. Resolution No. 2012 -98 Accepting Various Donations
G. Allocation of 2011 General Fund Undesignated Fund Balance
VIII. CORRESPONDENCE AND PETITIONS
A. Correspondence
B. Advisory Boards & Commission Correspondence:
1. Minutes— Energy & Environment Commission, June 12, 2012
2. Minutes — Heritage Preservation Board, July 9, 2012
3. Minutes— Park Board, July 10, 2012
4. Minutes —Veteran's Memorial Committee e— May 18, 2012
IX. MAYOR AND COUNCIL COMMENTS
Agenda /Edina City Council
August 21, 2012
Page 3
X. MANAGER'S COMMENTS
XI. CLOSED SESSION —SALLY LANE AND VALLEY VIEW ROAD TREE LITIGATION
XII. ADJOURNMENT
The City of Edina wants all residents to be comfortable being part of the public process. If you need
assistance in the way of hearing amplification, an interpreter, large -print documents or something
else, please call 952- 927 - 886172 hours in advance of the meeting.
SCHEDULE OF UPCOMING MEETINGS /DATES /EVENTS
Tues Aug 21 Joint Meeting With Edina School Board 5:00 P.M. COMMUNITIY ROOM
Tues Aug 21 Work Session — Budget Process 6:00 P.M.. COMMUNITY ROOM
Tues Aug 21 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Tues Aug 21 Closed Session Following Regular Meeting MAYORS CONF. RM
Mon Sept 3 LABOR DAY HOLIDAY OBSERVED — City Hall Closed
Tues Sept 4 Joint Meeting With Planning Commission 5:00 P.M. COMMUNITY ROOM
Tues Sept 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Wed Sept 19 Work Session — Board & Commissions Work Plan Proposals 5:30 P.M. COMMUNITY ROOM
Wed Sept 19 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Tues Oct 2 Work Session — CIP Workshop 5:30 P.M. COMMUNITY ROOM
Tues Oct 2 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Tues Oct 16 Work Session — Art Center Study /Business Meeting 5:00 P.M. COMMUNITY ROOM
Tues Oct 16 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Mon Nov 5 Work Session — Human Services Funding /Liquor Ordinance 5:30 P.M. COMMUNITY ROOM
Mon Nov 5 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Tues Nov 6 ELECTION DAY — Polls Open 7:00 A.M. until 8:00 P.M.
Fri Nov 9 Canvass of Election Returns 5:00 P.M. COUNCIL CHAMBERS
Mon Nov 12 VETERANS DAY HOLIDAY OBSERVED — City Hall Closed
Tues Nov 20 Work Session — Finalize 2013 Work Plans 5:30 P.M. COMMUNITY ROOM
Tues Nov 20 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Tues Dec 4 Work Session — Name Your Neighborhood 5:30 P.M. COMMUNITY ROOM
Tues Dec 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
SS Dec 18 Work Session —TBD 5:30 P.M. COMMUNITY ROOM
es Dec 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
r, .-
i
i
REPORT /RECOMMENDATION
To: City Council Agenda Item Item No. VII. D.
From: John Keprios, Director
Parks & Recreation Depa ment
Action
F-1 Discussion
InformationDate: -- - August-21, 2012 - -
Subject: Naming and Dedication of City Facilities Policy
ACTION REQUESTED:
The Park Board recommends approval of the attached City of Edina Naming and
Dedication of City Facilities Policy.
INFORMATION /BACKGROUND:
At their May 8, 2012 meeting, the Park Board passed a motion on a seven to one vote
to recommend that the City Council adopt the attached City of Edina Naming and
Dedication of City Facilities Policy. Members of the Naming of Parks and Facilities
Working Group members included Andy Otness, Bob Kojetin, Ray Giske, David
Mesenbourg, Tom Gyump, Rick Ites, Park Board members Joseph Hulbert and Ellen
Jones.
After lengthy discussion, debate and changes to the Working Group's original proposal,
the Park Board agreed to recommend the attached proposed policy for the City
Council's consideration.
The Donations Policy Working Group was chaired by Park Board member Ellen Jones
who plans to present the proposed policy to the City Council along with members of her
Working Group.
ATTACHMENTS:
City of Edina Naming and Dedication of City Facilities Policy
Naming of Parks and Facilities Working Group Recommendations Section of the
May 8, 2012 Park Board Meeting Minutes
DRAFT APPROVED BY, PARK BOARD:
CITY OF EDINA
n
0 NAMING AND DEDICATION
OF CITY FACILITIES POLICY.
OVERALL POLICY
It is the policy of the City of Edina that the naming of new and renaming of existing city.facilities
be reserved for.exceptional circumstances and that the naming process comply with1he
guidelines, principles and procedures set forth in'this
poliCyr .
This establishes a systematic and
consistent policy that is fair; open to all residents, objective, and aids in the selection of names
that are respectful of the history of the site or area, suitable to the property'or facility, and
useful to the public in locating the facility. Re , cognizing a person by dedicating a City facility in
their name . is considered a truly special honor. this policy creates criteria and procedure for the
dedication of City facilities.
DEFINITIONS
City Facilities" shall include, the following:
Parks: All traditional designed parks, natural open spaces, historic sites, golf courses,
specialized,parks (e.g. skate park), physical features (lakes), and trails under the City of
Edina Park and Recreation Department's jurisdiction or management.
Buildings: Structures that house city programs.
Major Features: Major, components of city facilities, (e.g. ball fields, swimming pools, tennis
courts, playgrounds, fountains, art work, Senior Center). Rooms within buildings are
considered to be major features. Major City sponsored events are considered major
features.
Streets: The streets owned by the city of Edina.
Amenities: Smaller furnishings and facilities in the city system (e.g..benches, small fountains,
tables; etc.). Amenities are not formallyriamed. Recognition for, donated amenities is
covered under the City of Edina Donations Policy.
AUTHORITY
The.establishment of formal legal names of permanent real property and streets owned by the
City of- Edina. requires administrative action. Only the Edina City.Council retains the authority to
establish formal legal names for City -owned facilities. ,
A dedication is an honor given to an exceptional individual. The acknowledgement of this honor
shall be placed discreetly near the identified City facility. The honor of a dedication does not
change the name of the facility. Only the Edina City. Council retains the authority to dedicate City
facilities. . I.
BACKGROUND. AND PRINCIPLES
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5. 8.12
DRAFT APPROVED BY PARK BOARD
The names of parks, buildings, major features and streets tell the important stories of Edina's
history. Edina has limited public resources for changing names on signs, maps, and literature.
Excessive naming of individual features in City facilities can be confusing to the public. The
proliferation of names for different parts of the same park or building should be avoided.
Naming or renaming city facilities is often complex and emotionally charged, since naming is a
powerful and permanent identity for a public place. Approval of naming requests is a
prestigious, cautious process that needs to be undertaken only when appropriate and requires
great care and thoughtfulness.
The philosophy of the City is to reserve the naming or renaming of City facilities to those
circumstances which tradition and practice have shown to best serve the interests of the City
and assure a worthy and enduring legacy for the City's system. To this end, the City supports
consideration of proposed names in the following order of preference:
1. Geographic location
2. Historic events, people and places
3. Exceptional individuals
4. Major gifts.
City buildings and major features could, however, be dedicated in memory or honor of a person
and an appropriate plaque indicating such, be dedicated and placed at the facilities. City
facilities should not be overwhelmed with dedications, since that would detract from the
aesthetic and may adversely affect the experience or value of the City service being provided.
Names that have offensive connotations shall not be considered.. The naming of currently
unnamed City facilities shall comply with this policy and procedure. A City facility shall not be
artificially subdivided for the sole purpose of naming.. All signs on City facilities must meet City
sign standards. For a new City facility, the appropriate Advisory Board shall use any open,
systematic, fair and organized public process (i.e. nominations, contests, etc.) that they decide
upon to propose a name. The City Manager or appropriate department is responsible for
overseeing compliance with policy and procedure requirements and for keeping a record of all
approved name and dedication proposals
RENAMING CITY FACILITIES
Proposals to rename City facilities are not encouraged and should be entertained only after fully
investigating and considering the potential impact of dropping the current name. Names that
have become widely accepted in the community should not be abandoned unless there are
compelling reasons and strong public sentiment for doing so. Historical or commonly used place
names should be preserved wherever possible.
Notwithstanding the above, the City Council reserves the right to change the name of any
named City facility in order to maintain consistency with the entire policy and flexibility to
change the name of a facility named after an individual who has fallen into disrepute and whose
name no longer lends honor and dignity to the facility.
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
2
DRAFT APPROVED BY PARK BOARD
NAMING AND RENAMING FOR GEOGRAPHIC LOCATION, HISTORIC EVENTS, PLACES,
AND PERSONS
It is appropriate to consider naming or renaming a City facility for its geographic location (e.g.
natural feature, neighborhood and significant area) and when it is located near or otherwise
associated with events, people and places of historic, or cultural significance. This should be
done only if the historic nature can be demonstrated through research and documentation. To
be considered historic a person should be deceased for at least a hundred years. Priority should
be given to those historic events, people and places that commemorate the history of:
1. The City of Edina
2. The State of Minnesota
3. The Nation.
NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS
No parks shall be named or renamed for an individual, unless that individual, was a resident of
Edina, has. been deceased for at least 25 years and influenced Edina's history, or that individual's
name was requested as a condition made by the donor of land. The name of an individual shall
be considered for a building, major feature, or street only if such individual was or is a resident
of- the - City -ofEdina and has made -a particularly- meritorious - contribution; over a period of - - - -
several years, to the general public interest or the interests of the City. Priority should be given
to those individuals who have contributed to:
1. The City facility itself
2. The City of Edina
3. The State of Minnesota, or
4. The Nation.
The naming and renaming of a building, major feature, or street for an individual shall occur no
sooner than five years after that:persorrhas'ended his or her substantive, formal relationship'
with the City. The name used should be the family name: A person's name may be used in
naming a City facility only once.
Naming a building, major feature, or street for an individual who has passed away or for a
person or group of, people who perish in or survive a tragic event shall only be considered after
at least five years has passed after the death or public shock generated by the event has
dissipated. Potential sites for such memorials should be focused on City facilities that are more
known for their serene and .contemplative nature rather than active locations, such as playing,
fields 'an; d recreational locations. Emphasis should be placed on the contributions or heroic
actions of these people to the City of.Edina,during their lifetime, rather than the circumstances
of their death or survivorship.
Exceptional service and strong public sentiment is more objectively evaluated after a waiting
period. Strong public support for naming and renaming shall be demonstrated through a
petition process as described in this policy. Naming and renaming requests require 300
signatures, and dedications require 100 signatures to be considered. The petition process for
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
3
DRAFT APPROVED BY PARK BOARD
naming, renaming and dedication for a person shall commence no sooner than five years after
that person has ended his or her relationship to the City, or has died.
NAMING AND RENAMING FOR MAJOR GIFTS
The donation of gifts to the City of Edina should be reward in itself. On a rare occasion, a gift by
an individual will be made to the City that is of such magnitude and generosity that naming of a
building in honor of or at the request of the benefactor will be considered. Any request to name
or rename an existing City facility must comply with the prior stated policy. Except for donations
of land, naming for a gift will be for a fixed period and not indefinitely. The period will be clearly
stated in the naming request. As a guideline but not a limitation, the threshold for naming a City
facility shall include one or preferably more of the following:
1. Deeding to the City most if not all of the land on which the City facility to be named
will be situated
2. Payment of one -half or more of the capital costs of constructing a City facility to be
named (depending on the availability of matching fund or grants)
3. Significant long -term endowment for the repair and maintenance of the donated City
facility.
4. The provision of significant program costs for facilities that will serve City program
needs.
Likewise, as a guideline but not a limitation, the threshold for naming rights on major features
would include one or preferably more of the following:
1. Payment of substantial capital costs for constructing and installing a major feature
2. Some long -term endowment for the repair and maintenance of the donated major
feature
3. The provision of significant program costs for any major feature giving rise to or
supporting a City program.
In no case shall naming or renaming be considered unless the major gift is deemed acceptable in
accordance with the City of Edina Donations Policy.
NAMING FOR ENTITIES
No city facility, except a major feature, shall be named for a business entity as a condition to a donation to
the City. A major feature may be named for a business entity making a restricted gift to the City. Limiting
the naming opportunity by business entities to major features will minimize confusion, and costs to the
City for updating signage and maps. Each request is evaluated on its own merits and requires public input.
The renaming of any existing major feature is discouraged even when associated with a major
enhancement gift. Naming for a business entity shall be for a fixed period and not indefinitely. The period
will be clearly stated and not longer than the life of the business entity.
In making a recommendation for a business name, the reputation of the company and community
support shall be considerations. The City reserves the right to remove an entity name on a major feature if
the business entity turns out to be disreputable or subsequently acts in a disreputable way.
Names of business entities operating on City property shall be subject to City Council approval and will
not require a petition process.
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
4
DRAFT APPROVED BY PARK BOARD
PROCEDURES FOR COMMUNITY OR CITIZEN REQUESTS TO NAME OR RENAME AND
DEDICATE A CITY FACILITY
Applicant's Process. An applicant must complete an Application for Naming Facilities Form
Appendix 1), compile a petition and make a presentation to the appropriate advisory board (the
Board ") to recommend naming or renaming a City facility. Details of the process include:
1. Return.a completed Application for Naming or Dedicating Facilities Form .(Appendix 1),
along with ,a check to cover the cost of a plaque and installation, to the appropriate
department director or City Manager to start the process. The check will be returned if
the application is denied.
2. Complete and compile'a Naming or Dedication Petition (Appendix 2). The petition shall:
o State the reasons for the proposed name
o Show community support for the proposed name
o Contain a description and /or map depiction of the boundaries of the City facility
to be named
o May only be signed by persons living in Edina
o May only be signed by persons voting age or older
o Show the name, address and telephone number of each signer
o - File-the-petition-with the appropriate- department director- or-City- Manager- - -- -- -- - - - -.- - - -
within ninety days of receipt of the forms from the City, unless the director
grants in writing additional time for completing the petition
o Be initiated no sooner than five years after that person has ended his or her
relationship to the City, or has died
3. Naming and renaming requests require 300 signatures on the petition. City facility
dedications require 100 signatures.
4.. The petitions may be dropped off, mailed, or emailed to:
City of Edina
Administration
C/0 City Manager
4801 W. 50th St.
Edina, MN 55424
5. A formal request to the City Manager,, director or board chair that the proposal be put
on the agenda for the next possible Board meeting. Notice to all residents in the area
shall be given.- _
6. A formal presentation of the. naming, renaming, or dedication proposal to the Board.
The public will be provided an opportunity to give input during a public meeting for all
naming proposals, this opportunity is not required for dedication proposals.
7. The appropriate advisory board shall not recommend a proposed name, renaming or
dedication to the City Council unless the criteria set forth in this policy are met. An
affirmative vote of a majority of voting members present when quorum is met, is
necessary to recommend
8. The City Council shall not consider a name, renaming or dedication of City facilities
unless the criteria and procedures set forth in this policy are met.
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
5
DRAFT APPROVED BY PARK BOARD
9. The City Manager or designate will keep a record of the name and dedication, including
a brief summary of who and why this person is being recognized on a Name and
Dedication of Facilities Master List.
PROCEDURES FOR NAMING AND RENAMING A CITY FACILITY ASSOCIATED WITH
MAJOR GIFTS.
Upon the receipt of a completed restricted gift application, the appropriate department Director
or City Manager will submit a proposal to the Board for the naming or renaming of a City Facility
that is associated with a major gift to the City. A petition process is not necessary. For naming or
renaming a City Facility, City Council approval is required, as provided above. Public notification
and the opportunity for public comment are required.
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
6
DRAFT APPROVED BY PARK BOARD
Appendix 1. [Concept Draft)
City of Edina
Application for Na -ming or Dedication of Facilities
The naming of facilities follows City of Edina Naming and Dedication of City Facilities Policy. The Edina City
Council has sole responsibility for establishing legal names and for dedications of City facilities. ,I /We
request that the name of
Name ofa.pplicant(s))
be considered for the
Proposed name)
Naming [ ], Renaming [ ] or Dedication [ J
Please-check)- -
of the facility
Current or functional facility name)
located at
Address or descripton of location)
Summary of recommendation (additional documents maybe attached to this form)
If proposed name recognizes a living or deceased person, please include the following:
Compelling evidence of the extraordinary contribution of the individual to the City of Edina.
Evidence person was /is a resident of Edina.
Date of death.
Date.of last official relationship to the City.
Explanation of how naming or renaming facility Would improve community.awareness and
historical perspective.
J
Person(s) submiting this proposal (please print):
Name Address
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
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DRAFT APPROVED BY PARK BOARD
Phone
Appendix 2.
Concept Draft]
email: date:
Naming or Dedication Petition
to the City of Edina
In accordance with the procedure established by the City of Edina, the undersigned hereby petition to
recommend the name of
proposed name or dedication)
of the
current or functional facility name)
located at
In support of this petition, each of the undersigned affirms and states:
1. That he /she lives in the City of Edina at the time of signature, is of voting age or older.
2. That the reasons for the proposed name are as follows:
3. That there is community support for the proposed name as illustrated by the signatures below.
NAME STREET ADDRESS ZIP PHONE NO. DATE
1.
2.
3.
4.
5.
7.
8.
9.
10.
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
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CIRCULATED BY: [FILL IN NAME] PAGE 1 OF [FILL IN NUMBER]
DRAFT NAMING AND DEDICATIONS POLICY
APPROVED BY PARK BOARD 5.8.12
9
MINUTES
OF THE MEETING OF THE
PARK BOARD
HELD AT CITY HALL
MAY 8, 2012 .
7:00 PM
VIA. Naming ofParks and Facilities Working Group Recommendations
Member Jones went over the "Summary Document" that the working group put together and thanked the
Working Group: Member Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom
Gyump and Rick Ites for their many, many hours of service.
She informed the Park Board that the working,group reviewed both naming and donation policies
throughout the United States and went through the many different intricacies of their situations that
might apply to Edina and reworked them. She indicated that as of the last Friday they received some
more comments from the public that she has noted in the blue markup.
Member,Jones indicated that there currently is no formal naming policy in the City of Edina and pointed
out ;that'the City Council approved the Naming and Donation Working Group after hearing several
concerns1rom'residents about the current practice. She added that naming and dedication requests come
up several times a year to which staff is currently aware of four naming proposals.
Member Jones-stated that- after-going- through the current practice and concerns- the working- group - --
recommends that the City develop a single naming and dedication policy for all City facilities. She
noted they are not recommending that the City rename current facilities to meet specifications in this
policy.. She pointed out the working group recommends that the Park Board approve the "Naming
Dedication Policy" as well as they recommend that the City develop an "Application for Naming and
Dedicating Facilities" and a "Petition to the City of Edina" as shown in concept in the Appendix of the
policy.
Andy Otness gave the Park Board a summary of the Naming Policy and stated'that the City Council has
the sole authority for establishing formal names and dedicating any city facilities. She pointed out that
facilities are described as anything the City controls: parks, buildings, major features, streets and
amenities. She noted.the second thing the policy states is that the City Manager's Office will have sole
responsibility for.keeping a record and managing the naming and dedication' process.
Ms. Otness, indicated.that they also felt what the policy did was set out principles for naming and
renaming and dedications and that naming would be reserved "for exceptional circumstances. She noted
that in their original meetings they had a whole, gamut of people who felt things should be restricted or
completely open and so that part of the policy represents a collaborative decision.
Ms. Otness informed the Park Board that a lot of the discussions revolved around the naming and
renaming for exceptional individuals and the working group decided within the policy that the naming
should.be based on the contributions to the City rather than the circumstances of their death. Secondly,
it. was decided there should be a time period after that person has died or, ended their relationship with
the City to reflect upon an individual's legacy before that naming process would begin. The name of an
individual will be considered for a park only if that person has been deceased for I'00 years and
influenced Edina's history or has naming for him/her as a condition made by the donor of actual land
for the park.
Ms. Otness pointed out there is another category of naming besides parks and that is that an individual
be considered for a building, major feature or street if that person either was or is currently a resident of
Edina, has made a significant contribution over a period of several years to the general public interest
and has ended his or her substantive formal relationship with the City or has passed away five years
prior to the initiation of a naming process or the name could be considered if it was requested as a
restriction of a significant extraordinary major gift to the city like the donation of land.
Ms. Otness pointed out with regards to naming for entities no City facility, except a major feature, shall
be named for a business entity as a condition for a donation to the City. This is to minimize the
confusion and cost to the City for updating signage and maps. Name of business entities shall be for a
fixed period. Names of business entities operating on City property shall be subject to City Council
approval and will not require a petition process.
Ms. Otness informed the Park Board that lastly public support for name requests should be demonstrated
with a petition process. The working group recommends that the naming and renaming requests require
300 signatures and any dedication requires 100 signatures. In addition, the public and specifically the
facilities neighborhood will be informed of a naming request and an opportunity will be provided for
their input and comment.
Member Jones thanked Mr. Kojetin for all of his work on compiling the names and donations of all the
parks. Mr. Kojetin gave the Park Board a brief history on the compilation report he created. He noted
that he thought it would be good to have one central location where a record is kept with the history of
the parks and donations where people can go to find this type of information. He noted that he will
continue to work on the book as long as he can because there is still a lot more to be added. He noted
that most of this information will be stored at the Edina Historical Museum.
Member Segreto indicated that on top of page two of the "Naming and Dedication Policy" where they
talk about the philosophy of the City and give an order of preference for naming she feels that each of
those categories is really important and is not sure why there needs to be a preference. Member Jones
replied they wanted to make sure the order of preference represented something that would first honor
maybe a natural place and that's where the geographic location thought connected to it and kind of
wanted to make sure they didn't lose sight of the geographic nature of the community before they went
on to more of a people nature of their history which happens to be the events and the people that affect
the history. Member Segreto commented that she was very moved by Mr. Kojetin's report and seeing
the names of people who have been very important to this community that she would be hard pressed to
see that if they were to order preference they would be listed third and therefore would hate to see an
order of preference within policy. Member Hulbert replied they came up with what they felt was a kind
of a logical order of significance but that isn't to say that geographic location necessarily has to be
number one.
Member Segreto indicated that a facility named for an individual who had something happen to their
reputation, should have the name changed according to the new guidelines. She stated that puts them
into a position of when exactly it should be changed and should that person have the right to clear his or
her name in court or in the community. She noted that maybe it would be sufficient to say "The City
Council reserves the right to change the name in the event the individual has fallen into disrepute ".
Member Segreto commented that most ofher comments are going to be geared to giving the City
Council the discretion and looking to the guidelines to sway them in a direction rather than requiring a
name change.
Ms. Otness informed the Park Board that she recalls this discussion came up right after the Joe Paterno
events in Ohio. She stated that she is not a "legal person" but knows there is a difference between
saying "reserves the right" or "shall" or "may ". Therefore, they decided to craft this as they felt at that
time and that it would be reviewed by the City attorney for the legal distinction.
Chair Steel suggested the Park Board discuss each page.
Page Three -
2
Member Segreto asked the working group on the top of the page where it states "to be considered
historic a person should be deceased for at least 100 years" how they came up with that number because
100 years seems really, really long to her. Member Hulbert responded they viewed naming parks and
land a huge honor and so to have a park renamed for you they wanted there to be some time to reflect,
although 100 years might be a little long. Member Deeds commented that he would go with something
like 25 years to reflect a little bit.
Member Jones indicated that what it came to actually was what makes something historic is it 100 years,
50 years or 25 years. Member Segreto responded that actually it's not duration that makes it historic, it's
what they do and the impact it makes that make it historic. Member Hulbert suggested going with 25
years to which Member Kathryn Peterson replied 25 years is more reasonable. Ms. Otness noted impart
was that it would be a legacy that had lasted and maybe that's the language "that will last" because how
do you define legacy.
Chair Hulbert noted it seems to be a general consensus 2'5 years is a good number. Member Segreto
commented that she sees "100 years" in the next paragraph "No park shall be named or renamed for an
individual unless that individual, was a resident of Edina, has been deceased for at least 100 years .. "
and so her comment would be the same.
Member Segreto indicated in the next paragraph where it reads "The naming and renaming of a building,
major feature, or street shall occur no sooner than five years after that person has ended his or her
substantive, formal relationship with the City" five years may be too long and she would like to see it cut
to three years. She noted that after someone retires or leaves the City there could be some circumstances
especially if someone has a health problem. Member Hulbert responded there were some people that felt
pretty strongly that it should be until the person was actually deceased but they did all agree there should
be some kind of cooling off period. Chair Steel asked how this compares to other cities that were
researched to which Member Jones responded in most cities the person needs to be dead. Member
Hulbert added that Edina is pretty rare in that they names facilities and buildings after people who are
still alive. Member Jones commented that when they first crafted the policy it did say you needed to
have been deceased before anything could be named after you and kept it for months. However, when
they reviewed the policy they decided to change it in light of the way Edina deals with their parks which
is different than the way other cities do. Member Hulbert commented that he thinks sometimes there is a
rush to immediately honor and bestow those people with honors right away. However, in reality we
know that three or five years go by quickly and ifthat award is really merited it will still be there three to
five years down the road which gives them a little time to reflect and make sure things are what they
thought they were.
Page Four — No changes made
Page Five
Member Segreto asked in regards to the 300 signatures that would be required to start a petition is that
what the research bore out in terms of other municipalities? Member Jones replied she believes it is
similar to what Denver's policy is. She explained the reason for it is to find out what the level of support
and commitment are for the name and they settled on 300 signatures. Member Segreto asked would that
mean then if a City Council member wanted to initiate a name change or name something they would
have to get 300 signatures. Member Jones replied yes, unless they wanted to go against policy to which
that would be noted. Mr. Keprios commented that it's very difficult trying to put a comprehensive
policy together because you it will likely be changed in the future but at least it will help by serving as a
guideline for the City Council.
Member Deeds noted that to him it seems reasonable to need to have 300 signatures because there does
need to be a certain level of interest and support and this puts a barrier up there to make people work a
little bit more.
Page Six — No changes made.
Member Jones informed the Park Board that the "application" is just a concept draft and they are not
dictating to the City how to write their procedures for internal processing. She noted that she did send it
to the City Manager and Assistant City Manager asking for their comments.
Page One — Went back to page one since it was skipped.
Chair Steel thanked everyone for their hard work.
Member Deeds commented that under the major gifts, page 4, if they look at the Hornet's Nest proposal
is that going to be named the "Hornet's Nest" or are the people who are involved going to be recognized
since they are essentially paying one - quarter ofthe capital costs which is a one million dollar donation.
He noted his concern is the policies in this area may be so tight that they eliminate a chunk of flexibility
that will allow the City to pursue major gifts. He stated there is a pretty stiff requirement in the policy,
page 4 second #1) stating "Payment of the capital costs for constructing or installing a major feature ".
To him under #I it implies 100% of the capital costs. Member Jones responded they should define
major feature" because you are comparing it to a building and there are two definitions in that section.
She noted that the paragraph Member Deeds read is the guideline for major features which would
include ball fields, swimming pools, playgrounds, etc. Member Deeds pointed out in regards to the
Sports Dome they are seeking a gift for the Sports Dome and naming rights for the Sports Dome. He
noted it's a three million dollar undertaking so this would imply they would have to raise 1.5 million
dollars in order to give the naming rights away and that is his concern. Chair Steel asked Member Jones
if she thinks it would be considered a City facility which would be covered under the previous
paragraph. Member Jones replied that she would consider the Sports Dome to be a building.
Member Deeds stated for example you have two million dollars' worth of renovations at the ball field
and if they were able to get a sponsor who wanted to put in a million dollars, would we give them the
name of the ball field. He indicated that yes, he would think he would give them the name of a ball field
for one million dollars even if it's not covering the full two million dollars. That is his only concern
with the current wording because it's a pretty tight policy. He suggested changing it to say "a substantial
portion" or something like that. Member Jones replied you could change all of #1 under that paragraph
to "Payment of a substantial capital cost for constructing and installing ". Chair Steel commented that it
also helps that it does say "likewise as a guideline but not a limitation ". Member Deeds indicated that he
just wants to give it as much flexibility as possible. Member Hulbert added that he thinks when it comes
to larger items like the "Hornet's Nest" City Council is going to do what they see fit.
Member Dan Peterson indicated that he has thought all along that the naming proposition was a solution
in search of a problem and he continues to believe that. He noted that he wants to thank everyone who
served on the working group and that he holds the Park Board members most dearly; however, he is
going to vote "no" because there is no proof to him that the current system is broken and needs to be
fixed. He stated that he has nothing but the highest respect for people who run for public office and the
five people who serve on the City Council, current, past and future, are pretty good people and he
doesn't want to tie their hands to a policy which has some problems. He commented that he thinks
they've done a goodjob and he doesn't get too concerned in a city ofalmost 50,000 and only a few
people don't like the name of a certain park or pavilion. He noted there is always going to be
disagreement and they get past it and move along.
Member Hulbert stated that he agrees, they do have excellent City Council members past and present but
situations have occurred in the past that with a lack of policy it would have helped both members of the
public and staff as well. Member Deeds responded that he agrees and actually thinks they are doing the
City Council a favor, they will still have the decision whether they are going to adopt it or not, but it's a
policy and a guideline that they can vote to override anytime they want to. He commented that they are
essentially giving City Council the shot to say well, wait a minute we have a policy here, let's think
4
about "this and provide some level of rationality and a little more consistency to the process. He stated
that he thinks the working group has done a great job on this.
Member Deeds suggested that the information from Mr. Kojetin's booklet be put on the City's website
in a searchable form, because it would be a great service and so people who are searching for relatives or
something will be able to find it. Mr. Keprios replied that's an excellent suggestion and would be a great
projectfor the Historical Society to work on with the Communications Department.
Member Deeds'made a motion, seconded by Member Segreto, that where it states 100 years on
page 3 that it be replaced with 25 years.
Ayes: Dan Peterson, Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, Segreto
Motion Carried.:.
Member Segreto made a motion, seconded by Member Deeds, that on page two in the paragraph
headed "Renaming City Facilities"' that the second paragraph be deleted and that the third
paragraph be amended to'read "notwithstanding the above, the City Council reserves the right to
change the name of any named city facility in order to maintain consistency with the entire policy
and flexibility, to change the name of a facility named after'an individual *ho Ihas fallen into
disrepute and whose'name no longer lends honor and dignity to the facility".
Ayes: ` Dan Peterson, Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, . Segreto
Motion Carried.
Member Deeds made a motion, seconded by,Member Segreto, that they amend on page.four the
second #1 to read "Paymentof substantial capital costs for constructing and installing a major
feature ".
Ayes: 'Dan Peterson, Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, Segreto
Motion Carried.
Member Deeds made a motion, seconded by Member Hulbert to approve the Naming and
Dedication of City Facilities as amended.
Ayes: Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, Segreto
Nays: Dan Peterson
Motion Carried.
5
DRAFT COPY DRAFT COPY 14
Appendix F - #3-5 DOCUMENTS NEED TO BE ADDED
Joint Work Session of Edina City Council and
City of Edina Park Board
(February 18, 2014)
1. Agenda for Joint Work Session, 2/18/14. 1 page 2. Revised Draft Naming and Dedication of City Facilities Policy. 3 pages 3. Working Group summary of revisions. 2 pages 4. Minutes of the Work Session of the Edina City Council, 1/22/13. 1 page
5. Minutes of the Joint Work Session, 2/18/14. 1 page
AGENDA
WORK SESSION
CITY OF EDINA, MINNESOTA
COMMUNITY ROOM
TUESDAY, FEBRUARY I8, 2014
5:30 P.M.
I. CALL TO ORDER
II. ROLL CALL.
III. NAMING AND DONATION POLICY — 5:30 P.M.
IV. JOINT WORK SESSION WITH PARK BOARD — 6:00 P.M.
A. 2014 PARK BOARD WORK PLAN PRIORITIZATION
B. PARK MASTER PLAN INPUT
V. ADJOURNMENT
The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance
in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-
927 -8861 72 hours in advance of the meeting.
SCHEDULE OPIUPCOMING °MEETINGS /DATES /EVENTS
Tues Feb 18 Work Session — Naming & Donation Policy. 5:30 P.M. COMMUNITY ROOM
Tues Feb 18 Joint Work Session With Park Board 6:00 P.M. COMMUNITY ROOM
Tues Feb 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Wed Feb 19 Board and Commission Interviews 5:30 — 7:30 P.M. MAYORS CONFERENCE ROOM
Tues Mar 4 Work Session —Three Rivers Park District Nine Mile Creek 5:30 P.M. COMMUNITY ROOM
Regional Trail Update /Destination Marketing Organization
Tues Mar 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS.
Mon Mar 17 Board and Commissions Annual Dinner Meeting 5:00 P.M. HUGHES PAVILION CENTENNAL LAKES
Tues Mar 18 Work Session — Bike Edina Task Force /Joint Meeting With ETC 5:30 P.M. COMMUNITY ROOM
Tues Mar 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Tues Apr 1 Work Session- Watershed District Partnership /Utilities Review 5:30 P.M. COMMUNITY ROOM
Tues Apr 1 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Tues Apr 22 Business Meeting /Joint Meeting With Arts & Culture Comm. 5:30 P.M. COMMUNITY ROOM
Tues Apr 22 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS
Zt3A,
o e NAMING AND DEDICATION
H `
ay OF CITY FACILITIES POLICY
BACKGROUND AND PRINCIPLES
The naming, renaming and dedication of city.facilities shall be reserved for circumstances where
it best serves the city and assures a worthy legacy.
The city:
has a finite number of city facilities
has limited resources for creating and changing names on signs, maps, and literature
has donation potential in the naming and dedications if its facilities
does not want to confuse or emotionally charge the public with naming decisions
has a reputation and image that should be protected and enhanced
Names of parks provide a context for a place and evoke an atmosphere that extends to the
surrounding neighborhood. Based on the higher context value for the city, names of natural,
geographic, and historical subjects shall have higher priority than names of individuals and
entities.
The lasting legacy of an individual or group is more objectively and accurately determined with a
waiting period which allows adequate time to evaluate if the person's or group's service was
truly exceptional and the person's or group's reputation stands the test of time. The waiting
period should be a reasonable length of time to allow for any disreputable activity to surface in
order to protect the city's interest. Waiting after a person's death allows time for strong
emotions to dissipate so that the person's legacy to the city is objectively evaluated without
being unduly influenced by the circumstances of the death.
AUTHORITY
The Edina City Council has the sole authority to dedicate, rename, or establish legal names for
city facilities.
DEFINITIONS
City Facilities" shall include the following:
Parks: All parks, open spaces, historic sites, golf courses, physical features (e.g. lakes), and
trails
Buildings: Structures that house city programs
Major Features: Major components of city facilities (e. g. ball fields, swimming pools, tennis
courts, playgrounds, fountains, art work,'Senior Center). Rooms within buildings are
considered to be major features. Major city sponsored events are considered major
features.
Streets: The streets owned by the City of Edina
Amenities: Smaller furnishings and facilities in the city (e. g. benches, small fountains, tables,
etc.). Amenities are not named. Recognition for donated amenities is covered under
the City of Edina Donations. Policy.
Dedication: An honor given to an exceptional individual; it does not change the name of the
facility.
NAMING AND RENAMING CITY FACILITIES
Naming or renaming shall include a public process, which is open to all potential names for a
particular city facility. Public notification and the opportunity for public comment are required..
For naming and renaming a city facility, the appropriate advisory board or commission shall
facilitate the naming process. For city facilities without advisory boards or commissions, the Park
Board shall facilitate the process.
Names of natural, geographic, and historical subjects shall be given higher priority.
The naming or renaming of all city facilities, except parks, shall be for a fixed, defined period and
clearly stated in the naming request. Names may be renewed by council action.
Excessive naming of different parts of the same park or building shall be avoided. .
If named for a person, the name used shall be the. family name, and it shall be used in naming
only one city facility.
Exceptional public service and strong public sentiment shall be demonstrated. Naming and
renaming requests require a petition stating the exceptional service, with at least 300 signatures
of Edina residents 18 years and older.
A building, major feature, or street shall be named for a living individual, only if such individual
meets all the following criteria:
has made a particularly meritorious contribution, over a period of several years, to the
general public interest
has been or is a resident of the City of Edina
has ended his or her substantive, formal relationship with the city no sooner than four
years prior to the naming request
If the individual is deceased, the naming requirements shall be those stated above and
has passed away no sooner than':four years prior to the naming requestu.....___._.._._x....
A park shall not be named or renamed for a living person unless that individual's name was
requested as a condition made by the donor of the land, and meets all the naming criteria
required for buildings, major features, or streets.
1
NAMING AND RENAMING REQUESTED AS A CONDITION OF A DONATION
Naming or renaming of city facilities as a condition of a donation needs to meet all of the
following criteria:
shall not require a petition
shall be rescinded for legitimate reason (e.g. disreputable behavior, when an entity goes
out of business)
shall not be allowed for entities involved in promoting unhealthy or addictive products,
habits and lifestyles
2
When naming a major feature, the donation shall fund substantial capital costs, and at the
council's discretion, preferably an endowment that will fund programming or maintenance.
When naming a building is being considered as a condition to a donation, that donation shall
meet one or more of the following minimum donation criteria:
deeding to the city most if not all of the land on which the city facility to be named will
be situated
payment of one -half or more of the capital costs of constructing a city facility to be
named
the provision of significant program costs for facilities that will serve city program needs
A park shall not be named or renamed as a condition of a donation, except for the donation of
the land on which the park will be located.
DEDICATIONS
A person or group may be honored by having a city facility dedicated in their name. All
dedications shall be for a defined, fixed period, clearly stated in the action granting the
dedication.
The acknowledgement of this honor at the city facility:
shall be discreetly placed
shall not overwhelm the facility or detract from the aesthetic or experience
shall not confuse the public about the facility's name
Exceptional public service and strong public sentiment must be demonstrated for a dedication
to be considered. Therefore, dedication requests require the stating of the exceptional public
service in either a petition with at least 100 signatures of Edina residents whom are 18 years and
older or in the written request of two members of council.
Dedication requests that are a condition of a donation:
do not require a petition
require a minimum donation, which is stated in the Naming and Dedication Procedures
IMPLEMENTATION PROCEDURE
Refer to the City of Edina "Naming and Dedication Procedures" for implementation
process.
3
EDITED DRAFT DONATIONS POLICY Responding to Council Worksession
r
CITY OF. EDINA
y11 DONATIONS POLICY
Edina welcomes and encourages donations to the City.
DEFINITIONS
Gift" and "Donation". shall be synonymous: They may be monetary contributions,
securities, material items, real estate, intellectual property, or services, which the City
Council has accepted and for which no goods or services were provided in exchange for
the contribution.
City Facility: Includes parks, buildings, major features, streets and amenities owned by
the City of Edina.
Existing Donation: Donations accepted prior to the adoption of this policy.
New Donation: Donations made'after the adoption of this policy.
AUTHORITY
The acceptance of donations must comply with Minnesota Statute 465.03: Gifts To
Municipalities. The City Council must approve a donation before it can be accepted.
TYPES OF DONATIONS
Unrestricted Donations: Donations of items described in "Gifts to Edina",.. and any
donation to the city without a condition specified for use or recognition.
Restricted Donations: A donation given for a specified purpose or with conditions for
use or recognition attached.
Real Property: Real Property donations shall be reviewed and a legal opinion rendered
thereto by the City Attorney before acceptance by the City Council.
Grants from the Edina Community Foundation: A grant to the city from the Edina
Community Foundation shall be considered as a donation and shall comply with this
policy. Recognition and acknowledgement of ECF donors will be consistent with this
policy.
Gifts of Professional Services: Professional services and waivers of fees shall be
considered as donations and shall comply with this policy.
ACCEPTANCE OF DONATIONS
Gifts to Edina" brochures for unrestricted donations shall be available at all. staffed city
buildings that offer resident services. A web page will also be created for accepting donations.
The City Manager or appropriate Department Director shall recommend to the City Council the
approval or rejection of each gift and determination of its intended location.
Donations become city property upon acceptance by council and are irrevocable.
This policy does not consider donation pledges as donations until the donation has been received.
1
EDITED DRAFT DONATIONS POLICY Responding to Council Worksession
A donation shall:
be in the best interest of the city
cover all costs associated with the gift including but not limited to the full cost for the
purchase, installation and recognition and, if required, repair and maintenance during the
expected life span of the item
comply with Minnesota Statute 465.03, "Nothing herein shall authorize such acceptance
or use for religious or sectarian purposes"
A donation shall not:
present a real or perceived conflict of interest for the city or its employees
be a plaque resembling a gravestone or upright monument resembling those typically
found in cemeteries, or other symbol or structure negatively dffecting the nature of the
site
contain visible ,brands, symbols, trademarks and logos of non -City of Edina entities
The Department Director shall ensure that the products, construction materials and design meet
city standards for maintenance, aesthetics and longevity. For trees and plants, the size at planting
and specie shall be limited to those determined or approved by the city.
A specific life span shall be specified for all large -scale material donations and stated at the time
of acceptance. The city does not guarantee the life span of a donation.
All terms ofrestricted donations shall be clearly stated and defined at the time of acceptance.
SIGNIFICANT DONATIONS
For campaigns that involve donations from multiple donors toward a large -scale project, the city
shall not contract for services or purchase materials for any part of the project until donations
cover the cost of those services and materials.
The city shall not contract for services or purchase material toward large -scale capital campaign
projects until donations have been received for 100% of.the donation goal for the entire project.
To make exceptions to this policy requires formal approval from City Council with the amount
needed to complete the project clearly stated and available in the budget.
MAINTENANCE OF NEW AND EXISTING DONATIONS
The city reserves the right to remove, relocate or dispose of donations and their acknowledgments
when they have been vandalized or damaged by a natural act beyond reasonable repair, when it
reaches the end of the life span, or when the donation and acknowledgment interferes with site
safety, maintenance, facility use, aesthetics or construction activities.
The city does not guarantee survival of trees, plants or gardens.
The city shall attempt to notify the donor in writing, of any action related to the disposition of a
large -scale donation. In certain situations, such as safety or emergency situations, the notification
may be made after the action has already taken place.
The city reserves the right to seek a new donor for an existing gift at the end of the established
life span should the original donor choose not to renew the donation, or if the city has not been
able to contact the original donor.
2
f
EDITED DRAFT DONATIONS POLICY Responding to Council Worksession
RECOGNITION OF DONATIONS
The city shall send a letter of appreciation for all donations when contact information is available
and when the cost of this acknowledgement does not overwhelm the donation received.
A ceremony or gathering for recognition shall be permitted but is not required, and shall be
arranged in coordination with city staff and the donor(s).
Donors of city amenities such as artwork, benches, trees, picnic tables, gardens, fountains and
park shelters may be discreetly recognized. This recognition may not necessarily be at the
location of the donated item. Standardized recognition plaques shall be used to promote
consistency in city branding. The size, type and plaque language will be approved by city staff.
These plaques should be discreetly sized. For example, bench plaques shall be a maximum of 8
square inches. Recognition of amenities shall be clearly stated in "Gifts to Edina."
The donation shall cover all costs associated with recognition including materials, installation and
maintenance for a defined period.
Donors requesting the naming or dedication of a City Facility shall comply with the City of Edina
Naming and Dedication of City Facilities Policy.
The city shall recognize donors who have made significant contributions. This recognition is at
the discretion of the Parks & Recreation Director and specified in the Donation Procedure. When
Appropriate and desired by the donor, recognition of a donation shall be displayed. This
recognition shall be discreet both in size and placement. The recognition may not necessarily be
displayed at the location of the donation. The recognition shall be displayed for a fixed, defined
period which will be stated at the time of acceptance.
City Facilities shall not be overwhelmed by donor recognition.
3
DRAFT COPY DRAFT COPY 15
Appendix G- #4-9 DOCUMENTS NEED TO BE ADDED
Renaming of Garden Park to Yancey Park
(October 7, 2020)
1. Race and Equity Initiative Final Report & Recommendations (Version 2.0, 6/26/18) cover page.
2. Executive Summary/Five Themes/Implementation Recommendation. 2 pages 3. City Government Findings and Recommendations. 1 page 4. Human Rights & Relations Commission (HRRC) 2019 work plan, page 2 5. Parks & Recreation Commission (PARC) 2019 work plan, page 2 6. Minutes of HRRC meeting, 9/24/19, page 4
7. Minutes of HRRC meeting, 10/22/19, page 2 8. Memorandum of Recommendation from HRRC to PARC, 1/16/20, 1 page 9. Minutes of PARC meeting, 2/11/20, page 2 10. Report/Recommendation of PARC to Edina City Council, 10/07/20, 1 page 11. Minutes of the Regular Meeting of the Edina City Council, 10/07/20, pages 8 and 9
12. “Edina park renamed in honor of Black pioneers”, by Caitlyn Anderson, c. 10/16/20,
Edina Sun Current. https://www.hometownsource.com/sun_current/community/edina-park-renamed-in-honor-of-black-pioneers/article_0571b28a-0fd2-11eb-8936-2b20ba6d33d5.html#:~:text=The%20Edina%20City%20Council%20voted,and%20equity%20work%20in%20Edina.
DRAFT COPY DRAFT COPY 16
Appendix H
University of California Davis Law Review Article
Ann Bartow, “Trademarks of Privilege: Naming Rights and the Physical Public Domain,”
University of California Davis Law Review, Vol. 40, No. 3 (2007)
919
Trademarks of Privilege:
Naming Rights and the
Physical Public Domain
Ann Bartow*
This Article critiques the branding and labeling of the physical public
domain with the names of corporations, commercial products, and
individuals. It suggests that under-recognized public policy conflicts exist
between the naming policies and practices of political subdivisions,
trademark law, and right of publicity doctrines. It further argues that
naming acts are often undemocratic and unfair, illegitimately appropriate
public assets for private use, and constitute a limited form of compelled
speech. It concludes by considering alternative mechanisms by which the
names of public facilities could be chosen.
TABLE OF CONTENTS
INTRODUCTION ................................................................................... 921
I. TRADEMARKS, RIGHTS OF PUBLICITY, AND NAMING RIGHTS...... 922
A. Trademarks as Names ....................................................... 929
B. Individuals Who “Mark” Public Facilities.......................... 932
C. The “Thurmondization” of South Carolina ........................ 934
II. NAMING NAMES ....................................................................... 945
III. THE POLITICAL ECONOMY OF NAMING THE PHYSICAL
PUBLIC DOMAIN ....................................................................... 952
A. Purchased Honorific Naming............................................. 953
B. Sua Sponte Honorific Naming............................................ 953
IV. ROADS, STREETS, BOULEVARDS, AVENUES, AND LANES.............. 956
V. NAMING AS COMPELLED SPEECH .............................................. 961
VI. “DE-NAMING”.......................................................................... 963
CONCLUSION...................................................................................... 969
* Associate Professor of Law, University of South Carolina School of Law. I thank
Al Brophy, Anupam Chander, Sally Greene, Pam Samuelson, and Madhavi Sunder for
their helpful input and encouragement. This article is dedicated to Casey Bartow-
McKenney.
920 University of California, Davis [Vol. 40:919
***
2007] Trademarks of Privilege 921
INTRODUCTION
Few people are likely to want to live on a thoroughfare named
198,457th Street because such an address lacks personality and
interest. When public amenities are accorded more colorful
denominations, however, complications can ensue. A corporation
may pay tens of thousands of dollars to “brand” a public building with
one of its trademarks, while local politicians are likely to invest only
political capital in arranging to have public facilities named for
themselves.1 The legal issues related to naming rights and the physical
public domain are often difficult to discern, and the political processes
through which naming decisions are made are frequently invisible to
the public.2
The Lanham Act conceptualizes the names of goods and services as
forms of intangible commercial property and allows these names to be
bought, sold, and leased in acknowledgement of the fact that the
names possess monetary value both derived from and independent of
their associations with commercial enterprises.3 A mark’s value is
related to how recognizable it is and how many positive associations it
carries.4 A strong, widely recognized trademark like Coca-Cola began
life as a designation for a particular carbonated beverage, but now
graces a wide range of products, including sportswear and cookie jars.5
Licensees purchase the right to affix the Coca-Cola mark to their
products because the mark adds value that consumers are willing to
pay for.
When public assets are named, these dynamics are almost
completely reversed. Public parks, schools, roads, buildings, and
related amenities are valuable because they are visible and useful.
When names or trademarks are appended to these public assets, the
honoree or mark holder reaps some measure of this value, and thus
this value is “privatized.”6 Commercial entities generally compensate
1 See discussion infra Part I.
2 See discussion infra Part II.
3 Lanham Act, 15 U.S.C. §§ 1051-1141 (2006), available at
http://www.bitlaw.com/source/15usc/index.html.
4 See Helen Lom, Director-Advisor Brand Development, World Intellectual
Property Organization, Branding: How to Use Intellectual Property to Create Value for
Your Business?, http://www.wipo.int/sme/en/documents/branding.htm (last visited
Feb. 22, 2007).
5 See NuNet, Online Shopping Mall, Coca-Cola Merchandise,
http://shopsite.nni.com/cocacola.html (last visited Dec. 28, 2006).
6 See discussion infra Part III.
922 University of California, Davis [Vol. 40:919
the public for this usurpation of public goodwill by proffering
payment for “naming rights.”7 Private individuals, however, often
claim public domain naming privileges for themselves, wielding power
and exercising privileges that are available only to a small cohort of
the population, and doing so outside the margins of democratic
processes.8 The men who control this nation embed their names and
marks into the public domain at every opportunity. This Article
suggests that such actions should be interrogated and challenged.
I. TRADEMARKS, RIGHTS OF PUBLICITY, AND NAMING RIGHTS
Trademarks are words, short phrases, symbols, pictures, designs, or
other features used in conjunction with specific goods or services to
indicate the source of the goods or services and distinguish them from
commercial offerings of competitors.9 The right of publicity is
concerned with the goodwill and market value associated with the
names, visages, or unique, identifiable qualities of individual —
generally people who may be characterized as “celebrities.”10 The
right of publicity and trademark are independent legal constructs;
trademark protections and proscriptions are largely the provenance of
federal law, while rights of publicity are somewhat more amorphously
demarcated by various state laws and common law doctrines.11
7 Naming rights are defined as the right to name a piece of property, either
tangible property or an event, usually granted in exchange for financial
considerations. Institutions like schools, places of worship, and hospitals have a
tradition of granting donors the right to name facilities in exchange for contributions,
with the general rule being that the larger the contribution, the larger the facility
named. See Wikipedia, Naming Rights, http://en.wikipedia.org/wiki/Naming_rights
(last visited Dec. 28, 2006).
8 See discussion infra Parts I, III.
9 See Lanham Act § 45, 15 U.S.C. § 1127 (2006).
10 The Restatement (Third) of Unfair Competition addresses the right of publicity as
follows: “One who appropriates the commercial value of a person’s identity by using
without consent the person’s name, likeness, or other indicia of identity for purposes
of trade is subject to liability for [monetary and injunctive relief].” RESTATEMENT
(THIRD) OF UNFAIR COMPETITION § 46 (1995). For more information on the right of
publicity, see generally Sheldon W. Halpern, The Right of Publicity: Maturation of an
Independent Right Protecting the Associative Value of Personality, 46 HASTINGS L.J. 853
(1995); Sheldon W. Halpern, The Right of Publicity: Commercial Exploitation of the
Associative Value of Personality, 39 VAND. L. REV. 1199, 1203-15 (1986); Michael
Madow, Private Ownership of Public Image: Popular Culture and Publicity Rights, 81
CAL. L. REV. 125 (1993).
11 An overview of the right of publicity doctrine is as follows:
The Right of Publicity prevents the unauthorized commercial use of an
individual’s name, likeness, or other recognizable aspects of one’s persona.
2007] Trademarks of Privilege 923
These doctrines intersect, however, in the context of claims brought
under a provision of the Lanham Act, which prohibits the use in
commerce of a name or symbol that is “likely to cause confusion, or to
cause mistake, or to deceive as to the affiliation, connection, or
association of such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services, or commercial
activities by another person.”12 Celebrities obtain federal trademark
registration for the names under which they perform.13 Under Section
43(a) of the Lanham Act, celebrity names that qualify as unregistered
trademarks are protected from acts that constitute “false designation of
origin.”14 Under common law or state law “right of publicity”
precepts, a celebrity might have an exclusive right to commercially
It gives an individual the exclusive right to license the use of their identity
for commercial promotion.
In the United States, the Right of Publicity is largely protected by state
common or statutory law. Only about half the states have distinctly
recognized a Right of Publicity. Of these, many do not recognize a right by
that name but protect it as part of the Right of Privacy. The Restatement
(Second) of Torts recognizes four types of invasions of privacy: intrusion,
appropriation of name or likeness, unreasonable publicity and false light.
Under the Restatement’s formulation, the invasion of the Right of Publicity
is most similar to the unauthorized appropriation of one’s name orlikeness.
In other states the Right of Publicity is protected through the law of unfair
competition. Actions for the tort of misappropriation or for a wrongful
attempt to “pass off” the product as endorsed or produced by the individual
help to protect the right of publicity.
Cornell Law School Legal Information Institute, Wex, Publicity,
http://www.law.cornell.edu/wex/index.php/Publicity (last visited Jan. 11, 2006)
(citations omitted); see RESTATEMENT (SECOND) OF TORTS §§ 652A-652I (1977),
available at http://cyber.law.harvard.edu/privacy/Privacy_R2d_Torts_Sections.htm;
Cornell Law School Legal Information Institute, Wex, Unfair Competition,
http://straylight.law.cornell.edu/wex/index.php/unfair_competition (last visited Dec.
28, 2006).
12 Lanham Act § 43, 15 U.S.C. § 1125 (2006).
13 See, e.g., Mary Blume, Hemingway Furnishings for a Moveable Feast, INT’L HERALD
TRIB., Jan. 2, 1999, at 20, available at http://www.iht.com/articles/1999/01/02/
papa.t.php; Own It: Creative London Intellectual Property Advice Service, Brando
Becomes Brand, Oct. 20, 2004, http://www.own-it.org/news/article/?p=15&a=210&t=
&v=a; John Fulwider, Nebraska Hospital Caught in Madonna Trademark Spat, NEB.
STATEPAPER.COM, Aug. 23, 2000, http://nebraska.statepaper.com/vnews/display.v/ART/
2000/08/23/39a423f07?in_archive=1. See generally Stephanie Dotson Zimdahl,
Comment, A Celebrity Balancing Act: An Analysis of Trademark Protection Under the
Lanham Act and the First Amendment Artistic Expression Defense, 99 NW. U. L. REV.
1817 (2005).
14 Lanham Act § 43(a), 15 U.S.C. § 1125(a). See generally Zimdahl, supra note 13,
at 1817.
924 University of California, Davis [Vol. 40:919
exploit her name and image.15 If someone named a business or
product after a famous person without obtaining permission from
either the individual or the individual’s heirs, she could expect legal
objections on both trademark-related and right of publicity grounds.16
Trademark and right of publicity laws do not, however, address
situations in which an individual or her heirs approves of the use of
the name, but members of the public object to it. Neither body of law
provides legal remedies to an individual who does not wish to see a
road, park, or school named after a particular local celebrity,
businessperson, or politician. Trademark law offers members of the
public an opportunity to object to the federal registration of a
trademark on the grounds that it “[c]onsists of or comprises immoral,
deceptive, or scandalous matter; or matter which may disparage or
falsely suggest a connection with persons, living or dead, institutions,
beliefs, or national symbols, or bring them into contempt, or
disrepute.”17 Applying an individual’s name to a public facility,
however, does not typically turn the name into a trademark at all, no
less one suitable for federal registration. Trademark rights are
acquired through the use of a mark in commerce,18 which would not
typically occur when a public facility is named.
Trademark law provides a cause of action against “any person” who
confuses consumers about whether there is an “affiliation, connection
or association” between a trademark holder and an independent
source of goods and services.19 Thus, there is an uneasy intersection
between naming (or “branding”) practices and trademark law.20 For
15 See Lloyd L. Rich, Publishing Law Center, Right of Publicity,
http://www.publaw.com/rightpriv.html (last visited Feb. 18, 2007). See generally
Zimdahl, supra note 13, at 1817.
16 Examples include the suit brought by Elvis Presley’s heirs against the Velvet
Elvis nightclub, and Johnny Carson’s suit against Here’s Johnny Portable Toilets, Inc.
See Elvis Presley Enters. v. Capece, 141 F.3d 188 (5th Cir. 1998); Carson v. Here’s
Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983).
17 15 U.S.C. § 1052(a) (2006); see, e.g., Ritchie v. Simpson, 170 F.3d 1092 (Fed.
Cir. 1999); Pro-Football, Inc. v. Harjo, 284 F. Supp. 2d 96 (D.D.C. 2003); Order Sons
of Italy in Am. v. Memphis Mafia, Inc., 52 U.S.P.Q.2d (BNA) 1364 (T.T.A.B. July 9,
1999).
18 See Lanham Act § 1, 15 U.S.C. § 1051 (2006).
19 Lanham Act § 43(a), 15 U.S.C.§ 1125(a) (2006).
20 See Rob Walker, The Brand Underground, N.Y. TIMES, Aug. 30, 2006, § 6
(Magazine), at 29 (“But branding is more complicated than that. It is really a process
of attaching an idea to a product. Decades ago that idea might have been strictly
utilitarian: trustworthy, effective, a bargain. Over time, the ideas attached to products
have become more elaborate, ambitious and even emotional. This is why, for
example, current branding campaigns for beer or fast food often seem to be making
2007] Trademarks of Privilege 925
example, the University of South Carolina’s main sports coliseum is
named the Colonial Center, in reference to the Colonial Life Insurance
Company, which publicly proclaims itself a “naming partner” of the
University of South Carolina, a public university.21 In addition to
being a company name, the word “Colonial” serves as a trademark for
the company, and is a federally registered mark.22 However, the
Colonial Life Insurance Company does not own the coliseum that
bears its name, nor does it operate the facility in any way. Rather, the
Colonial Center is managed by an independent vendor, Global
Spectrum, Inc.23 The Colonial Center itself is owned by the University
of South Carolina. Therefore, in a more generalized way, the Colonial
Center is owned by the state, and by the very citizens of South
Carolina, many of whom contributed and continue to contribute tax
dollars toward its construction and maintenance.24 The building’s
front entrance, directly beneath the Colonial Center’s marquee,
declares itself “The Home of the Carolina Gamecocks.” It is
doubtlessly this public association with the University and with the
some sort of statement about the nature of contemporary manhood. If a product is
successfully tied to an idea, branding persuades people — consciously or not — to
consume the idea by consuming the product. Even companies like Apple and Nike,
while celebrated for the tangible attributes of their products, work hard to associate
themselves with abstract notions of nonconformity or achievement. A potent brand
becomes a form of identity in shorthand.”); Wikipedia, Brand, http://en.wikipedia.org/
wiki/Brand (last visited Feb. 18, 2007).
21 Colonial Supplemental Insurance, http://www.coloniallife.com/ (last visited
Feb. 18, 2007) (“Colonial Supplemental Insurance, in partnership with the University
of South Carolina Athletics Department, is the proud naming rights sponsor of The
Colonial Center in Columbia, SC.”).
22 See U.S. Trademark Serial No. 78,571,670 (filed Feb. 21, 2005); U.S. Trademark
Serial No. 76,309,199 (filed Sept. 5, 2001).
23 Colonial Center, About the Center: General Information,
http://www.thecolonialcenter.com/aboutthecenter_index.html (last visited Feb. 18,
2007) (“The University of South Carolina’s Athletic Department is the primary owner
and operator of the Colonial Center, ranked 22nd in the world for total tickets sold in
2003 by Pollstar Magazine. Global Spectrum, the fastest growing public assembly
management firm with over 40 facilities, manages the Colonial Center for the
University of South Carolina Athletic Department. Global Spectrum is a subsidiary of
Comcast-Spectacor, of Philadelphia, PA, which owns the Philadelphia Flyers, the
Philadelphia 76ers, the Wachovia Center, the Wachovia Spectrum and several other
entities.”).
24 Cf. University of South Carolina, Men’s Basketball: Colonial Center
Information, http://uscsports.cstv.com/sports/m-baskbl/spec-rel/041802aaa.html (last
visited Feb. 18, 2007) (“[U]nlike most sports/entertainment centers, [the Colonial
Center] does not put taxpayers on the hook for any annual losses. The athletics
department is responsible for any annual shortfall with those funds coming out of the
athletics operating budget.”).
926 University of California, Davis [Vol. 40:919
Carolina Gamecocks that made the naming rights so attractive to
Colonial Life.
How much money Colonial contributed toward the venture to
acquire naming rights is not publicly known, nor is it clear exactly
where these funds went.25 Some possibilities include the operating
vendor Global Spectrum, Inc., the University of South Carolina’s
Athletics Department, the University’s general coffers, or the five
enigmatic University of South Carolina Foundations, private
foundations that collectively operate in conjunction with the
University and its endowment and investment portfolio.26 How the
University of South Carolina selected Colonial to be the coliseum’s
naming rights partner is also a mystery. Perhaps the University
auctioned off the naming rights to the highest bidder. Possibly
Colonial had a preexisting relationship with the University
administration, or with Global Spectrum, Inc., that led to the
company’s selection. Perhaps another set of criteria enabled Colonial
to prevail. The rationale behind the selection has never been publicly
disclosed.
Although naming rights are creatures of contract, in some aspects
naming rights function more like property rights than trademarks.
Branding names occupy rental space on billboards and marquees, and
in advertisements and labels related to whatever resource the naming
rights are associated with. Often these names are trademarks, but they
are featured in non-trademark roles. Branding names promote the
idea that a substantial commercial relationship exists between the
25 But see Colonial Center, USC enters 12-year naming rights agreement with
Colonial Life & Accident Insurance Company, http://uscsports.cstv.com/genrel/
100703aaa.html (last visited Feb. 18, 2007) (“The University of South Carolina and
Colonial Life & Accident Insurance Company of Columbia have agreed to a naming
rights sponsorship for USC’s 18,000-seat basketball arena. USC’s arena, which opened
in November, 2002, will now bear the name The Colonial Center. The announcement
came during an October, 2003, press conference at Colonial’s headquarters in
Columbia. The naming rights agreement is a 12-year, $5.5 million pact. The
agreement also includes exterior and interior signage at the arena, in addition to
promotional packages with the Gamecock athletics program that will be available for
Colonial.”).
26 See University of South Carolina, Office of University Foundations,
http://www.sc.edu/foundations/index.shtml (last visited Feb. 18, 2007). Although
these Foundations operate in conjunction with the University of South Carolina, they
are somehow exempt from the open records requirements that apply to public entities
like the University of South Carolina. See South Carolina Public Records Act, S.C.
CODE ANN. §§ 30-1-10 to -180 (1976), available at http://www.state.sc.us/scdah/
praf.htm; Freedom of Information Act, S.C. CODE ANN. §§ 30-4-10 to -165 (1976),
available at http://www.scstatehouse.net/code/t30c004.htm.
2007] Trademarks of Privilege 927
name and the named premise that is beyond simple naming rights.
For example, as a “naming partner,” Colonial obtains a particular kind
of visibility that includes and is intertwined with the University of
South Carolina’s reputation and goodwill. This is far more than mere
advertising space.
In some contexts, the Colonial trademark commandeers the mental
association that otherwise would adhere to the University of South
Carolina. When the public sees or hears a commercial for an
upcoming Monster Truck Show at the Colonial Center, the name
“Colonial” usurps the nominative position of source identifier. Thus,
any association with the University is muted or obscured, even though
“Colonial” is not the source or the sponsor of the event. Arguably,
this comes close to intentional deception. This sort of interference
with a consumer’s ability to distill accurate source-identifying
information from a trademark usage conflicts with trademark law’s
stated goal of conveying accurate information to consumers.27 Mark
holders, however, are likely to embrace rather than challenge good
will that can be harvested from the physical public domain.
In other, non-trademark respects, the commodification of naming
rights may seem economically rational, and auctioning these rights to
the highest bidder would seem like the fairest and most logical
revenue-maximizing approach to this process. However, basing the
selection of a naming partner strictly on the highest monetary bid
might be problematic from a branding standpoint if the highest
bidder’s name carried an association that a university or municipality
considered unattractive or unseemly. One might imagine the
University’s reluctance to have the “Home of the South Carolina
Gamecocks” denominated after a foot fungicide or rectal itching
remedy, regardless of how much cash the companies marketing these
products were willing to spend. Any product or company with a
strong connection to “sins,” such as alcohol, tobacco, or gambling,
might have been considered risky or inappropriate, and associations
with feminine or ethnic connotations could have been rejected as
undesirable as well.28 Similarly, the name of a funeral home or
27 “A trademark is a word, name, symbol or device which is used in trade with
goods to indicate the source of the goods and to distinguish them from the goods of
others.” United States Patent and Trademark Office, What Are Patents, Trademarks,
Servicemarks, and Copyrights?, http://www.uspto.gov/web/offices/pac/doc/general/
whatis.htm (last visited Feb. 18, 2007).
28 The University of South Carolina changed the name of its business school from
the Darla Moore School of Business, adopted in honor of a generous benefactor, to the
more gender-neutral Moore School of Business, in all likelihood to escape the taint of
928 University of California, Davis [Vol. 40:919
mortuary service would have been thought to set too somber a tone
for an entertainment complex. In the absence of publicly accessible
written rules or policies, the public has no way of ascertaining what
considerations went into the “naming partner” selection process. It is
also unclear under what circumstances the Colonial “co-branding”
name would or could — without violating contractual provisions —
be removed.29
“Darla”-associated girlishness.
No one has ever accused South Carolina of being home to progressive
thought. The Confederate battle flag flies over its capitol. Its military
school, The Citadel, fought to exclude women. And it has Strom
Thurmond.
The image of the Palmetto State, though, may be changing, thanks to one
of its illustrious — and wealthy — native daughters. On Mar. 27, the
University of South Carolina, in Columbia, will become home to the first
major U.S. business school named after a woman when it is christened the
Darla Moore School of Business. Moore, a native of Lake City, S.C., and
member of the undergrad class of ‘75, is donating a record $25 million to the
B-school. The former banker is president of Rainwater Inc., an investment
firm run by husband Richard Rainwater.
University President John Palms says naming the school for Moore is a step
in the state’s effort to be more progressive: “This university has always been
the index to the ambition of this state. To name a major business school for
a woman is a big deal.”
Moore, who got her MBA from George Washington University, agrees.
“They didn’t have to name the school after me. There were other
alternatives,” she says. “But I think they wanted to make a quantum leap in
the image they want to portray.”
Stephanie Anderson Forest, Darla Moore: The Lady Is a B-School, BUS. WK., Mar. 30,
1998, at 6, available at http://www.businessweek.com/1998/13/b3571022.htm
Elaborating on this idea:
Ms. Moore, a 50-year-old investment guru who runs a $2-billion investment
company with her husband, has steadily been making multimillion-dollar
charitable gifts, and decided over the course of a single lunch with fund
raisers from the University of South Carolina, her alma mater, that she
would make the $25-million gift and accept their offer to rename the
business school after her.
“The very idea that a bastion of capitalism would be named for a woman
appealed to me,” she recalls, “and the fact that this is Strom Thurmond
country, well, it was just a home run.”
Holly Hall, Power of the Purse, CHRON. PHILANTHROPY, Feb. 17, 2005, at 7, available at
http://philanthropy.com/free/articles/v17/i09/09000701.htm; see Wikipedia, Moore
School of Business, http://en.wikipedia.org/wiki/Moore_School_of_Business (last
visited Feb. 18, 2007).
29 The “Enron” name was removed from a stadium in Houston when the troubled
company failed to make good on its pledged “donations.” Bad behavior alone might
2007] Trademarks of Privilege 929
Naming practices are important because the names of public
amenities communicate information about a community and its
heritage. Legal scholar Sanford Levinson has written that when
monuments in the former Soviet Union were being toppled and carted
off as the communist regime fell, even strong anti-communists were
disconcerted by the destruction of cultural objects.30 When a public
facility is renamed, it has the effect of literally removing the offending
trademark from the public consciousness, altering the cultural
meaning and perhaps even the very nature of a portion of the physical
community. The social connection between the coliseum and the
University of South Carolina is arguably weakened by the presence of
an appended corporate name, despite its on-campus location.
A. Trademarks as Names
The divergence between trademark law and naming practices is
clearest when the name involved is a corporation, as with the Colonial
Center, or to provide a few additional examples, Anheuser-Busch Hall,
which houses the Washington University School of Law in St. Louis,31
and Minute Maid Park, a municipal facility in Texas where the
Houston Astros play baseball (formerly known as Enron Field).32
These are trademarks, but they are being put to non-trademark, almost
ornamental uses because they are not acting as source identifiers with
respect to the venues with which they are identified. Holders of these
trademarks seem perfectly content to allow consumers to be confused
have resulted in the same penalty if Houston, or the teams or vendors associated with
the venture, feared that negative associations would harm the stadium monetarily, or
sully its reputation in some way. Cf. Minute Maid Park, http://www.ballparks.com/
baseball/national/bpkaus.htm (last visited Dec. 29, 2006) (“On April 7, 1999,
Houston-based Enron Corporation agreed to pay more than $100 million over 30
years to name the stadium Enron Field. However, on December 2, 2001 Enron
became the largest corporation in history to declare bankruptcy. On February 27,
2002, the Astros made an agreement with Enron to buy back the naming rights. After
two full seasons of being called Enron Field, the home of the Houston Astros then
became temporarily know as Astros Field. On June 5, 2002, the Astros announced
that the Minute Maid Company, a locally-based subsidiary of the Coca-Cola Company
since 1960, will pay an estimated $170 million for a 28-year naming rights deal.”).
30 SANFORD LEVINSON, WRITTEN IN STONE 13-14 (1998).
31 See Washington University in St. Louis School of Law, State-of-the-Art
Facilities, http://law.wustl.edu/Admissions/index.asp?id=99 (last visited Feb. 18,
2007).
32 See Houston Astros, Minute Maid Park, http://houston.astros.mlb.com/NASApp/
mlb/hou/ballpark/index.jsp (last visited Feb. 18, 2007).
930 University of California, Davis [Vol. 40:919
about associations between the marks and the identities of the actual
goods and services providers.
Attempts to saturate the culture with a trademark may render it
famous, by integrating the mark into the social fabric. However, as
Sarah Stadler Nelson has persuasively argued, intentionally fostered
mark ubiquity constitutes a powerful form of self-inflicted mark
dilution.33 When trademarks appear in a wide variety of contexts,
disconnected from the goods or services they were originally
associated with in commerce, they lose their power as distinctive
source identifiers.34 Other incongruities emerge as well. Tax law
scholar Nancy Knauer has pointed out that if one views the raison
d’etre of corporations to be strict profit-maximization, purely altruistic
charitable contributions by a corporation would violate its fiduciary
duties to its shareholders.35 When “charitable” giving results in
naming rights, however, corporate giving more neatly fits into an
overall profit-maximizing strategy.36 In fact, purchased naming rights
may promote the perception of charitable behavior on the part of the
entity that places its name on a building, but actually function as an
advertising or promotional effort. The corporation receives valuable
visibility and the simultaneous deceptive illusion of having been a
generous benefactor.
Trademark law assumes that a corporate entity’s reputational
attributes can be imputed to any amenity or institution that bears its
name. Trademark law purports to protect consumers from
confusion,37 but offers no clarification to the person who buys a ticket
to a rock concert at the Colonial Center, passes Anheuser-Busch Hall,
or enters Minute Maid Park. The relationship between the
corporation name that graces the venue and the service provided
within would be a mystery to the average consumer. It is possible that
the public can realistically ascertain who is each venue’s actual owner
or proprietor and comprehend the commercially disconnected nature
of the relationship between the venue and its name. However, such an
33 Sara Stadler Nelson, The Wages of Ubiquity in Trademark Law, 88 IOWA L. REV.
731, 784-91 (2003).
34 Id.
35 Nancy J. Knauer, The Paradox of Corporate Giving: Tax Expenditure, the Nature
of the Corporation, and the Social Construction of Charity, 44 DEPAUL L. REV. 1, 22-23,
94 (1994).
36 Id.
37 See Greg Lastowka, The Trademark Function of Authorship, 85 B.U. L. Rev. 1171,
1189 (2005). See generally William M. Landes & Richard A. Posner, Trademark Law:
An Economic Perspective, 30 J.L. & ECON. 265 (1987).
2007] Trademarks of Privilege 931
assumption would tend to support a belief in a level of cognitive
acumen on the part of the public that is not often evidenced in
mainline trademark jurisprudence.38
Public entities increasingly treat their nominative designations as
proprietary.39 While public universities used to allow the public to use
their names freely, they now privatize their names so that they can
compel licenses and extract revenues from institutional affinities and
boosterism.40 Municipal organizations such as the NYPD and FDNY
have followed suit in order to profit from novelty consumer items
marked with these designations.41 Ironically, when universities or
other public entities claim trademark rights in their names, mascots,
or other symbols, they protect their marks by claiming that
unauthorized uses of their marks, or of similar marks, will confuse
consumers and lead them to make incorrect assumptions about the
source and quality of their marks.42 These legal claims and factual
assertions reject the possibility that consumers are reasonably
intelligent and discriminating.43 Thus, consumers are instrumentally
38 See generally Ann Bartow, Likelihood of Confusion, 41 SAN DIEGO L. REV. 721
(2004) (contending that for instrumental reasons, trademark holders assert, and
courts sometimes accept, premise that consumers are very easily confused by
similarities in trademarks and trade dress).
39 See infra notes 40-44 and accompanying text.
40 E.g., Univ. of Ga. Athletic Ass’n v. Laite, 756 F.2d 1535, 1536-37 (11th Cir.
1985); Bd. of Governors v. Helpingstine, 714 F. Supp. 167, 169 (M.D.N.C. 1989);
Univ. of Pittsburgh v. Champion Prods., Inc., 566 F. Supp. 711, 722 (W.D. Pa. 1983);
Univ. Book Store v. Bd. of Regents, 33 U.S.P.Q.2d (BNA) 1385, 1387 (T.T.A.B. June
22, 1994); see also Adam Liptak, Sports Artist Sued for Mixing Crimson and Tide, N.Y.
TIMES, Nov. 12, 2006, at A1.
41 E.g., Barry Popik, The Big Apple, NYPD & FDNY, Nov. 14, 2004,
http://www.barrypopik.com/index.php/new_york_city/entry/nypd_fdny; cf. Press
Release, Fitzpatrick, Cella, Harper & Scinto, City Files Suit Against Illegal Seller of
Merchandise Bearing Police and Fire Department Logos (Apr. 13, 2004),
http://www.fitzpatrickcella.com/news/pressReleaseItem.cfm?pubID=246.
42 See Lanham Act § 32, 15 U.S.C. § 1114 (2006).
43 See, e.g., Car-Freshner Corp. v. S.C. Johnson & Son, Inc., 70 F.3d 267 (2d Cir.
1995); Network Network v. CBS, Inc., 54 U.S.P.Q.2d (BNA) 1150 (C.D. Cal. Jan. 18,
2000); Claiming Trademark Infringement, Harvard University Sues Another Business for
Using Its Name, MATRIX, Feb. 2001, at 17, available at
http://www.findarticles.com/p/articles/mi_m0HJE/is_1_2/ai_79961249; cf. Bromberg
& Sunstein, Representative Trademark Cases: Harvard Pilgrim Health Care, Inc. v.
President and Fellows of Harvard College, http://www.bromsun.com/cases/trademark-
litigation.html (last visited Dec. 30, 2006) (case settled prior to adjudication); Be
Spacific, UNC Wins Trademark Infringement Case (Sept. 16, 2002),
http://www.bespacific.com/mt/archives/000140.html#000140; University of Hawai’i
System, Collegiate Licensing Overview and FAQ, http://www.hawaii.edu/offices/eaur/
licensing_info.html (last visited Feb. 21, 2007).
932 University of California, Davis [Vol. 40:919
asserted to be easily confused about the sources of unauthorized
sweatshirts, beer holders, or other paraphernalia bearing a university’s
name, while simultaneously presumed sophisticated enough to
understand that the corporation whose logo graces a public stadium is
merely a “naming rights partner.”44
B. Individuals Who “Mark” Public Facilities
Trademark laws are rooted in deeply held societal beliefs about the
power of names and symbols.45 These laws enable commercial entities
to append source identifiers to goods and services that can be kept
relatively unique in the marketplace.46 Competitors who attempt to
use the same or similar marks on the same or similar products can be
enjoined so that they do not confuse consumers.47 Consumers can use
trademarks to facilitate repurchasing products with which they have
had positive experiences and to avoid goods and services that have
previously disappointed them.48 These are not social functions that
naming gestures would be expected to perform.
As a general matter, the source of governmental authority to name
public places and facilities after individuals, precisely how this power
gets exercised, and the nature and effectiveness of any checks and
balances upon the naming process are all relatively opaque. It is often
unclear whether community members’ viewpoints are taken into
account in any democratic, discursive way when making naming
decisions.
Because a naming gesture imputes social meaning to the physical
public domain, acts of visible branding can infuse a public facility with
strong associative values that affect public perceptions and permeate
the collective public conscience. For example, both residents and
outsiders are likely to view a community in which a public school is
44 See generally Stacey Dogan & Mark Lemley, The Merchandising Right: Fragile
Theory or Fait Accompli?, 54 EMORY L.J. 461 (2005).
45 See generally ROSEMARY J. COOMBE, THE CULTURAL LIFE OF INTELLECTUAL
PROPERTIES: AUTHORSHIP, APPROPRIATION, AND THE LAW (1998).
46 See Landes & Posner, supra note 37, at 268-69; Lastowka, supra note 37, at
1179.
47 See Lanham Act § 32, 15 U.S.C. § 1114 (2006).
48 Because trademarks can be bought, sold, or changed without notice to the
consumer, there are limitations upon how useful to consumers trademarks actually
are in this regard. See generally Bartow, supra note 38, at 721; Note, Badwill, 116
HARV. L. REV. 1845 (2003).
2007] Trademarks of Privilege 933
named for Robert E. Lee49 very differently from a community in which
a public school is named for Martin Luther King, Jr.50
When something is named for an individual, but that individual is
visibly connected with a commercial entity, the link between the
business organization and the thing named (and therefore the conflict
with trademark law) is arguably somewhat attenuated, but not without
importance. For example, when the University of Florida’s law school
was named the Frederic G. Levin College of Law, this forged a
connection between the law school and Levin’s law firm and practice,
as well as with Levin himself, within the public perception.51 This
association is at least a trademark-related linkage, and its formation
did not please everyone in the relevant community, either due to a
dislike for Levin or antipathy toward the act of constructive
privatization itself, and therefore engendered a fair amount of
conflict.52
49 For examples of schools named after Robert E. Lee, see Lee High School,
http://www.fcps.k12.va.us/LeeHS/index1024.html (last visited Nov. 19, 2006)
(Springfield, Virginia); Robert E. Lee High School, http://www.neisd.net/lee/ (last
visited Nov. 19, 2006) (San Antonio, Texas); Robert E. Lee High School,
http://www.educationcentral.org/lee/ (last visited Oct. 30, 2006) (Jacksonville,
Florida); Robert E. Lee High School, http://www.gccisd.net/lee/ (last visited Nov. 19,
2006) (Baytown, Texas); Robert E. Lee High School, http://www.tylerisd.org/Schools/
REL/home.htm (last visited Oct. 30, 2006) (Tyler, Texas).
50 For examples of schools named after Martin Luther King, Jr., see Martin Luther
King High School, http://www.rusd.k12.ca.us/ourschools/mlk/ (last visited Oct. 30,
2006) (Riverside, California); Martin Luther King Academic Magnet,
http://www.mlkmagnet.mnps.org/site15.aspx (last visited Oct. 30, 2006) (Nashville,
Tennessee); Martin Luther King, Jr. High School, http://www.dekalb.k12.ga.us/
schools/high/mlking/ (last visited Oct. 30, 2006) (Lithonia, Georgia); Martin Luther
King High School, http://www.djusd.k12.ca.us/KingHigh/ (last visited Oct. 30, 2006)
(Davis, California); Martin Luther King High School, http://www.phila.k12.pa.us/
schools/mlking/ (last visited Oct. 30, 2006) (Philadelphia, Pennsylvania); Martin
Luther King Jr. Junior High School, http://www.grant.k12.ca.us/schools/
schools/MLK.asp (last visited Oct. 30, 2006) (Sacramento, California).
51 See Denise Stobbie, UF College of Law Named for Prominent Lawyer Fredric G.
Levin, U. FLA. NEWS, Jan. 6, 1999, http://www.napa.ufl.edu/99news/levin.htm.
52 One observer of resistance to naming gestures reported:
The most notable example in recent years was UF’s decision in 1999 to name
its law school after Fred Levin, a Pensacola lawyer who donated $10-million
to the school. The decision attracted considerable criticism from law school
alumni. Levin is a personal injury lawyer, a specialty some lawyers view
with contempt. He once was publicly reprimanded by the state Supreme
Court for admitting — on his own television show — that he had placed an
occasional illegal bet with bookmakers. Many think the uproar led to the
resignation of UF’s law school dean a few months later. It clearly led to a
change in state policy.
934 University of California, Davis [Vol. 40:919
Current naming practices advantage the wealthy, male, and white.
This seems consistently apparent in both the naming practices of
private institutions that receive some degree of public funding, as well
as the unequivocally public entities and services that are the primary
focus of this Article. When wealthy white men receive naming
honors, one could argue that these individuals “free ride” upon the
goodwill associated with the named public facility. In some cases, it
appears that private monetary donations lead to the integration of an
individual’s name with physical public domain assets, and the naming
gesture is at least in some sense a “paid placement.” In other
situations, however, it seems as if individuals simply leverage their
power and status to get their names prominently placed upon public
facilities.
C. The “Thurmondization” of South Carolina
Sanford Levinson has written that the American South is unique in
the extent to which memorials to lost causes occupy its places of
public honor.53 Streets, parks, and even federal military installations
are named for Confederate leaders.54 It is difficult to discern whether
this reflects the desires of the public will writ large, or is simply a
manifestation of the wish of a select few to impose a particular sort of
cultural ordering upon the masses. Certain individuals can exert
powerful influence upon the processes through which the physical
public domain is named.55
One cannot spend even small amounts of time in South Carolina
without encountering the name J. Strom Thurmond.56 A statue of the
Barry Klein, Your Name Here, for a Price, ST. PETERSBURG TIMES, May 29, 2001, at 1A;
see Martin Dyckman, Name a School for the Right Price, ST. PETERSBURG TIMES, Feb. 18,
1999, at 17A, available at http://www.afn.org/~afn54735/deans-levin2.html.
53 LEVINSON, supra note 30, at 44.
54 See generally Joseph G. Dawson III, Book Review, 47 CIVIL WAR HIST. 167
(2001) (reviewing CONFEDERATE SYMBOLS IN THE CONTEMPORARY SOUTH (J. Michael
Martinez et al. eds., 2000)), available at http://muse.jhu.edu/journals/
civil_war_history/v047/47.2dawson.html.
55 See Con. Res. H-3368, 116th Sess. (S.C. 2005-2006), available at
http://www.scstatehouse.net/cgi-bin/web_bh10.exe?bill1=3368&session=116.
56 In fairness it should be noted that the naming phenomenon is bipartisan in a
political sense. Thurmond spent most of his time in the U.S. Senate as a Republican.
See Answers.com, Strom Thurmond, http://www.answers.com/topic/strom-thurmond
(last visited Dec. 30, 2006) (“[James Strom Thurmond] 1902–2003, U.S. senator from
South Carolina (1954–2003), b. Edgefield, S.C. He read law while teaching (1923–29)
in South Carolina schools and was admitted to the bar in 1930. Thurmond was
elected (1933) a state senator and became (1938) a circuit-court judge. After serving
2007] Trademarks of Privilege 935
in World War II, he was elected (1946) governor of South Carolina. In 1948,
Thurmond was nominated for president by the States’ Rights Democrats (‘Dixiecrats’),
southerners who bolted the Democratic party in opposition to President Truman’s
civil-rights program; he won 39 electoral votes. In 1954 he was a successful write-in
candidate for U.S. Senate. In 1957 he staged the longest filibuster in Senate history,
speaking for over 24 hours against a civil-rights bill. Thurmond switched from the
Democratic to the Republican party in 1964, and later chaired the Senate judiciary
(1981–87) and armed services (1995–99) committees. In 1996 he became the oldest
sitting, in 1997 the longest serving, U.S. senator in history.”). However, if one lived in
West Virginia, one might make similar observations about a Democrat, U.S. Senator
Robert C. Byrd. See Biographical Directory of the United States Congress, Robert
Carlyle Byrd, http://bioguide.congress.gov/scripts/biodisplay.pl?index=B001210 (last
visited Dec. 30, 2006). West Virginia has a Robert C. Byrd High School, and a host of
other public facilities and institutions that are named after Byrd. See Robert C. Byrd
High School, http://www.rcbhs.org/Index.html (last visited Dec. 30, 2006); Wikipedia,
Robert Byrd, http://en.wikipedia.org/wiki/Robert_Byrd (last visited Dec. 30, 2006).
Robert C. Byrd Drive, from Beckley to Sophia (Byrd’s hometown)
Robert C. Byrd Health Sciences Center of West Virginia University, Morgantown
Robert C. Byrd Cancer Research Laboratory of West Virginia University, Morgantown
Robert C. Byrd Technology Center at Alderson-Broaddus College, Philippi
Robert C. Byrd Hardwood Technologies Center, Princeton
Robert C. Byrd Bridge, between Huntington and Chesapeake, Ohio
Robert C. Byrd Addition to the Lodge at Oglebay Park, Wheeling
Robert C. Byrd Community Center, Pine Grove
Robert C. Byrd Expressway, U.S. Highway 22, near Weirton
Robert C. Byrd Institute for Advanced Flexible Manufacturing; Huntington,
Charleston, Bridgeport & Rocket Center
Robert C. Byrd Visitor Center at Harpers Ferry National Historic Park, Harpers Ferry
Robert C. Byrd Federal Building & Courthouse, Charleston
Robert C. Byrd Federal Building & Courthouse, Beckley
Robert C. Byrd Academic and Technology Center at Marshall University, Huntington
Robert C. Byrd National Technology Transfer Center at Wheeling Jesuit University,
Wheeling
Robert C. Byrd United Technical Center
Robert C. Byrd Hilltop Office Complex, Rocket Center
Robert C. Byrd Library & Robert C. Byrd Learning Resource Center at Mountain State
University, Beckley
Robert C. Byrd Rural Health Center at Marshall University, Huntington
Robert C. Byrd Clinical Addition to Veteran’s Hospital, Huntington
Robert C. Byrd Industrial Park, Moorefield
Robert C. Byrd Locks & Dam, Gallipolis Ferry
Robert C. Byrd Green Bank Telescope, Green Bank
Robert C. Byrd Science and Technology Center at Shepherd University,
Shepherdstown
Robert C. Byrd High School, Clarksburg
Robert C. Byrd Biotechnology Science Center at Marshall University, Huntington
Robert C. Byrd Conference Center at Davis & Elkins College, Elkins
936 University of California, Davis [Vol. 40:919
late U.S. Senator and former governor of the state is prominently
placed on the grounds of the South Carolina State House. Larger than
life, and situated squarely in the center of the main walkway on the
south side of the State House premises, the statue touts him as a
“Statesman-Soldier-Educator” and lists the names and birth years of
his five children, one of whom, a son, is also named J. Strom
Thurmond.57
Throughout South Carolina, federal buildings,58 state buildings,59
roads,60 schools,61 educational institutions,62 auditoriums,63 and even a
Robert C. Byrd Health and Wellness Center of Bethany College, Bethany
Robert C. Byrd National Aerospace Education Center, Bridgeport
Robert C. Byrd Appalachian Highway System part of the Appalachian Development
Highway System
57 Thurmond’s namesake recently served from 2001 to 2005 as South Carolina’s
U.S. Attorney, nominated by his father and appointed at age 28 by President George
W. Bush after a brief time in practice, and with significantly less experience than
previous U.S. Attorneys for South Carolina, and those from other states. See Editorial,
All in the Family, ST. PETERSBURG TIMES, Aug. 5, 2001, at 2D, available at
http://www.sptimes.com/News/080501/Perspective/All_in_the_family.shtml; David
Firestone, One Strom Thurmond Helps Out Another, N.Y. TIMES, Jan. 5, 2001, at A1;
National Briefing South, South Carolina: Senate Confirms Thurmond’s Son, N.Y. TIMES,
Nov. 7, 2001, at A18; Press Release, Department of Justice, Attorney General Appoints
Six New Members to Attorney General’s 2004 Advisory Committee (Jan. 8, 2004),
available at http://www.usdoj.gov/opa/pr/2004/January/04_usao_003.htm; Quest for
the Presidency, Thurmond’s Son Seeks Federal Job (Jan. 6, 2001),
http://quest.cjonline.com/stories/010601/gen_0106017633.shtml.
58 See General Service Administration Inventory of Owned and Leased Properties,
GSA Building Stats: 1927 Strom Thurmond Mall, http://www.iolp.gsa.gov/iolp/
BuildingInfo.asp?bID=SC2049 (last visited Dec. 31, 2006); General Service
Administration Inventory of Owned and Leased Properties, GSA Building Stats:
Thurmond Building, http://www.iolp.gsa.gov/iolp/BuildingInfo.asp?bID=KY1690 (last
visited Dec. 31, 2006); General Service Administration Inventory of Owned and
Leased Properties, GSA Building Stats: Strom Thurmond CTHS,
http://www.iolp.gsa.gov/iolp/BuildingInfo.asp?bID=SC0069 (last visited Dec. 31,
2006); General Service Administration Inventory of Owned and Leased Properties,
GSA Building Stats: Strom Thurmond FB, http://www.iolp.gsa.gov/iolp/
BuildingInfo.asp?bID=SC0068 (last visited Dec. 31, 2006); SCIWay, S.C. Governors:
James Strom Thurmond, http://www.sciway.net/hist/governors/thurmond.html (last
visited Dec. 31, 2006) (Strom Thurmond federal building in Columbia, South
Carolina). But see Press Release, Congressman James E. Clyburn, Congressman
Clyburn Realizes Dream of Honoring Matthew Perry (Apr. 21, 2004),
http://www.house.gov/apps/list/press/sc06_clyburn/040421perrycourthouse.html.
59 Strom Thurmond Institute of Government & Public Affairs, Clemson
University, http://www.strom.clemson.edu (last visited Dec. 31, 2006); Strom
Thurmond Wellness and Fitness Center, University of South Carolina,
http://stc.sc.edu (last visited Dec. 31, 2006).
60 See The Namesake, WYFF4.COM, http://www.wyff4.com/news/869918/
2007] Trademarks of Privilege 937
dam and lake64 bear the name of Senator Thurmond.65 Observers may
assume that the relevant populace spontaneously made these naming
gestures because it wished to honor the late Senator Thurmond.
However, the people of South Carolina as a whole do not have much
actual input in naming of public places or facilities. The state’s
naming process is diffuse, opaque, and rarely subject to public
detail.html (last visited Feb. 21, 2007) (“Interstate 20, from Georgia to Florence, S.C.,
is the Strom Thurmond Highway.”).
61 See SCIWay, S.C. Governors: James Strom Thurmond, 1947-1951,
http://www.sciway.net/hist/governors/thurmond.html (last visited Feb. 21, 2007)
(Strom Thurmond High School); see also Public School Review, Strom Thurmond
High School, http://www.publicschoolreview.com/school_ov/school_id/72165 (last
visited Dec. 31, 2006); Strom Thurmond High School, http://www.edgefield.k12.sc.us/
STHS/ (last visited Dec. 31, 2006).
62 See Greenville Technical College, Facility Details,
http://www.greenvilletech.com/alumni_and_friends/details_of_facilities.html (last
visited Dec. 30, 2006) (Strom Thurmond Criminal Justice Building); Strom Thurmond
Institute of Government & Public Affairs, Clemson University,
http://www.strom.clemson.edu (last visited Dec. 31, 2006).
63 See infra note 65.
64 See U.S. Army Corps of Engineers, Savannah District, J. Strom Thurmond Dam
& Lake, http://www.sas.usace.army.mil/lakes/thurmond/ (last visited Dec. 31, 2006).
65 One commentator noted:
As a legislator, Thurmond has been a zero. He doesn’t have a significant bill
to his name. He does, however, have other things to his name, such as the
Strom Thurmond High School, Strom Thurmond Student Center, Strom
Thurmond Federal Building, Strom Thurmond Auditorium, Strom
Thurmond Educational Center, Strom Thurmond Dam, Strom Thurmond
Lake, Strom Thurmond Highway, Strom Thurmond Soldier Service Center,
etc.
David Plotz, The Old Carolinians: Strom Thurmond and Jesse Helms, SLATE, June 22,
1997, http://www.slate.com/id/1824. See generally Shriners of British Columbia and
Yukon, Strom Thurmond, http://www.shriners.bc.ca/shriners/thurmond.shtml (last
visited Dec. 31, 2006) (facilities named for Senator Thurmond: Strom Thurmond
Hall, Winthrop College, Rock Hill, S.C., 1989; Strom Thurmond High School,
Edgefield County, S.C., 1961; Strom Thurmond Student Center, Baptist College,
Charleston, S.C., 1972; Strom Thurmond Federal Building, Columbia, S.C., 1975;
Strom Thurmond Center for Excellence in Government and Public Service, Clemson
University, 1981; Strom Thurmond Auditorium at the University of South Carolina
School of Law, Columbia, S.C., 1982; Strom Thurmond life-sized statue on the Town
Square, the people of Edgefield County, 1984; Strom Thurmond Vocational
Rehabilitation Center, Aiken, S.C., 1987; Strom Thurmond Educational Center,
Union, S.C., 1987; Strom Thurmond Lake, Dam and Highway, Clarks Hill, S.C., 1987;
Strom Thurmond Mall, Columbia, S.C., 1988; Strom Thurmond Soldier Service
Center, Ft. Jackson, S.C., 1991; Strom Thurmond Room, United States Capitol,
Washington, D.C., 1991; streets in several South Carolina towns and cities.).
938 University of California, Davis [Vol. 40:919
scrutiny or direct oversight. It seems to be driven primarily by raw
political power rather than broad-based public sentiment.
Getting a public facility named after oneself requires targeted action,
rather than humbly waiting to be recognized and honored. Public
officials are perfectly placed to engage in and exercise influence upon
naming decisions. Public officials are visible, they appear to have been
endorsed by the majority of the public (by virtue of having prevailed
in an election or other machination of the political process), and they
can often exert control over the allocation of public funds. The ability
to earmark money creates powerful naming leverage.
In part through the instrumental distribution of discretionary public
funds, Thurmond was very successful in accreting myriad naming
honors throughout his life.66 While it is certainly possible that some
Thurmond-related naming gestures resulted from spontaneous
expressions of public affection and appreciation, there is also evidence
that he had a hand in engineering them. This became apparent when
Thurmond failed in his efforts to have a second federal courthouse in
Columbia, South Carolina named for himself, because one of South
Carolina’s congressional representatives favored naming it after Judge
Matthew J. Perry instead.67 Three federal buildings in Columbia
already bore, and continue to bear, Thurmond’s name, including one
that had formerly housed the preexisting federal courthouse.68
Thurmond argued that this second courthouse was simply an annex of
the Thurmond complex, and so should be denominated as such.69 He
66 See supra notes 58-65 and accompanying text.
67 Press Release, Congressman James E. Clyburn, supra note 58; see SCIWay, supra
note 61 (noting federal building in Columbia, S.C. named for Thurmond).
68 See General Service Administration Inventory of Owned and Leased Properties,
GSA Building Stats: 1927 Strom Thurmond Mall, http://www.iolp.gsa.gov/iolp/
BuildingInfo.asp?bID=SC2049 (last visited Dec. 31, 2006); General Service
Administration Inventory of Owned and Leased Properties, GSA Building Stats: Strom
Thurmond CTHS, http://www.iolp.gsa.gov/iolp/BuildingInfo.asp?bID=SC0069 (last
visited Dec. 31, 2006); General Services Administration Inventory of Owned and
Leased Properties, GSA Building Stats: Strom Thurmond FB, http://www.iolp.gsa.gov/
iolp/BuildingInfo.asp?bID=SC0068 (last visited Dec. 31, 2006).
69 The then-junior senator from South Carolina was an advocate for honoring
Judge Perry:
Using humor, Sen. Fritz Hollings fired barbs Thursday at Republican Sen.
Strom Thurmond over the naming of the new federal courthouse in
Columbia for a judge who made his name as a civil rights lawyer. “They
wanted to name this an annex,” the state’s 77-year-old junior U.S. senator
said during a groundbreaking ceremony for the Matthew J. Perry United
States Courthouse. “But we finally overcame,” Hollings added. Thurmond
had pushed to have the courthouse named for himself by designating it an
2007] Trademarks of Privilege 939
let it be known publicly that he was “hurt” that the new building
would be named for someone else, but in this instance competing
public sentiments prevailed.70
Thurmond had previously succeeded in having an Army Corps of
Engineers project renamed for himself, though not everyone would
agree with that characterization of how this particular name change
came to pass. One federal government actor officially described the
process as follows:
The 1966 Flood Control Act authorized the building of
Trotters Shoals Lake and Dam on the Savannah River between
Clarks Hill Lake and Hartwell Lake. This lake was later
renamed to commemorate a late senator from Georgia, Richard
B. Russell who was very important in supporting the building
of dams on the river. This created a movement to rename
Clarks Hill Lake after J. Strom Thurmond, the longest serving
senator in US history who was from Edgefield on the South
Carolina side of the lake. This movement gained support due
to the senators’ [sic] great popularity in the area, and in 1988
the project was congressionally renamed “J. Strom Thurmond
Dam and Lake at Clarks Hill.”71
The account is rather vague about the genesis of the movement to
rename the lake, and exactly how “the senators’ [sic] great popularity
in the area” gave “support” to this “movement.”72 Government
records disclose a more complicated and far less wholesome or
populist story.
annex to the nearby Thurmond federal office complex. Hollings preceded
his remarks with an explanation that he was going to be “blunt” about the
seven-year fight to name the courthouse for Perry, now a senior federal
judge. Perry did not address the crowd of dignitaries during the ceremony.
Thurmond said in 1995 that he was hurt the new building would not bear
his name, and the senator did not attend Wednesday’s groundbreaking.
“Your courthouse is going to be prettier than Strom’s,” Hollings continued
about the $30.1 million building that is scheduled for completion in mid
2002. “Now that’s real justice.”
Clif LeBlanc, Hollings Zings Thurmond on Perry Courthouse Flap, THE STATE (Columbia,
S.C.), Sept. 1, 2000, at B1.
70 Id.
71 U.S. Army Corps of Engineers, Savannah District, J. Strom Thurmond Dam &
Lake: Introduction, http://www.sas.usace.army.mil/lakes/thurmond/intro.htm (last
visited Feb. 21, 2007).
72 See id.
940 University of California, Davis [Vol. 40:919
Perusal of the Congressional Record for the 100th U.S. Congress
reveals that on December 3, 1987, a Democratic Congressional
Representative from South Carolina, Butler Derrick, introduced H.R.
3693: “A bill to designate Clarks Hill Lake, Clarks Hill Dam, and the
highway traversing Clarks Hill Dam as the ‘J. Strom Thurmond Lake,’
the ‘J. Strom Thurmond Dam,’ and the ‘J. Strom Thurmond Highway,’
to the House Committee on Public Works and Transportation.”73 The
following day, December 4, 1987 was the date of Thurmond’s birthday
celebration, his actual eighty-fifth birthday being the very next day.74
In the context of debating a Joint Resolution of Congress (H.J. Res.
376) entitled, “Calling Upon the Soviet Union to Immediately Grant
Permission to Emigrate to All Who Wish to Join Spouses in the United
States,” Senators Bob Dole (R-Kansas), John Warner (R-Virginia), Alan
Simpson (R-Wyoming), Robert Byrd (D-West Virginia), Sam Nunn
(D-Georgia), and Alphonse D’Amato (R-New York) proposed on the
Senate floor the identical name changes advocated in Representative
Derrick’s bill, and articulated a long list of reasons why they believed
that Thurmond deserved this honor.75
On December 18, 1987 the U.S. House of Representatives approved
the Joint Resolution Calling Upon the Soviet Union to Immediately
Grant Permission to Emigrate to All Who Wish to Join Spouses in the
United States, and appended the following amendment:
In honor of J. Strom Thurmond, and in recognition of his long
and outstanding service as a United States Senator, Governor
of South Carolina, and South Carolina State Senator, to
promote flood control, soil conservation, and rural
electrification, the Clarks Hill Dam, Reservoir, and Highway
transversing the Dam on the Savannah River, Georgia and
South Carolina, shall hereafter be known and designated as the
J. Strom Thurmond Dam, Reservoir, and Highway, and shall
be dedicated as a monument to his distinguished public
service. Any law, regulation, map, document, or record of the
United States in which such project is referred to shall be held
73 H. Res. 3693, 100th Cong., 133 CONG. REC. H10988-01 (1987).
74 Not coincidentally, Thurmond’s birthday was noted by South Carolina Senator
Fritz Hollings. H.J. Res. 376, 100th Cong., 133 CONG. REC. S17292-01 (1987); see
Strom Thurmond Dead at 100, CNN.COM, Dec. 17, 2003, http://www.cnn.com/
2003/ALLPOLITICS/06/26/thurmond.obit/.
75 H.J. Res. 376, 100th Cong., 133 CONG. REC. H11709-02 (1987).
2007] Trademarks of Privilege 941
and considered to refer to such project by the name of the J.
Strom Thurmond Dam, Reservoir, and Highway.76
In a stunning display of speed and efficiency, Congress had
managed to effect the described name alterations in about two weeks.
This, however, did not completely end the matter, as some of the
people living near the lake — to put it mildly — disfavored the name
changes.77 On March 2, 1988, Doug Barnard, Jr., a Democratic
76 H.J. Res. 376, 100th Cong., 133 CONG. REC. H11709-02 (1987).
77 The opposition to the name change was described as follows:
It’s been compared to the Revolutionary War. It’s the little guy against the
Establishment, the underdog fighting for a principle. It’s all about how
Congress changed the name of Clarks Hill Lake to Strom Thurmond Lake,
after the veteran Republican senator from South Carolina, without asking
residents of the area what they thought of the idea. “I think we should
change the Constitution from ‘We the people’ to ‘You the Congress.’ They
could tell us what we need and what to call everything down here,” said Dan
Elswick, owner of Ridge Road Bait and Tackle in Appling, Ga. Some said
they felt emotional attachment to the name, which was taken from this
nearby town when the Army Corps of Engineers first filled the 70,000-acre
lake 44 years ago. Others said they had built business reputations around
the name, which was given to fishing tournaments and speedboat races and
emblazoned on souvenirs. Others are just upset about the way the name of
the lake, on the Georgia-South Carolina border, was changed.
Rep. Butler Derrick (D-S.C.) introduced a bill suggesting the change on
Dec. 3, two days before Thurmond’s 85th birthday. The Senate passed a
similar measure on Dec. 4, and by Dec. 23, President Reagan had signed it
into law. Derrick said the chairman of the Clarks Hill-Russell Authority of
South Carolina had approached him about changing the lake’s name. The
authority, a committee of eight, was set up in 1946 to “assist, promote and
cooperate” in the development of the Clarks Hill and Russell lakes on the
Savannah River. Its chairman, John McAllister, said the board members,
who are appointed by the governor, decided among themselves that naming
the lake after Thurmond would be a good idea because of all he has done to
support the area. McAllister said they didn’t ask for public comment
because “we were not making the final decision. We had no control over
Congress.” Yet when Senate Minority Leader Bob Dole (R-Kan.) introduced
the name change proposal in the Senate, the authority’s unanimous support
was entered into the Congressional Record. “It was our impression that the
local folks in the area were supportive of the change,” said Dole aide Jim
Whittinghill.
A number of businessmen around the lake have submitted petitions asking
for a compromise — change the name of the lake back to Clarks Hill and
leave the dam and the road across it named for Thurmond, whose name is
already on schools, federal buildings and streets around the state. The
petitions are being distributed by a group called “Keep Our Lake Clarks
Hill,” led by Roy Giles of Lincolnton, Ga., and Phillip White of Clarks Hill.
The two men said they have collected more than 20,000 signatures and have
942 University of California, Davis [Vol. 40:919
congressional representative from Georgia, introduced a bill
designated H.R. 4053 into the Committee on Public Works and
Transportation.78 This bill called on Congress “to redesignate the J.
Strom Thurmond Reservoir as the ‘Clarks Hill Lake,’” thereby
restoring the lake’s original denomination.79 Barnard represented
regions of Georgia that were contiguous to the lake, and his anti-
Thurmondization actions were in response to substantial community
opposition to the name change.80 In fairness, it is not clear how much
taken out newspaper ads, gone on television and radio and sought status as a
nonprofit agency so they can accept donations to the cause. They realize
that a compromise also will take an act of Congress, and they think it will
require support from Thurmond. Thurmond has said he was deeply
honored by the lake’s new name, and he would not comment on the
proposed compromise. He said he doesn’t consider it a serious problem. “I
do hope the controversy will subside,” he said. It’s not the first time the
lake’s name has been changed. When it was first built, a typographical error
made it “Clark Hill Lake” instead of “Clarks Hill Lake” It took 26 years for
Congress to restore the missing “s.” The sponsor of that legislation was
Thurmond.
G.G. Rigsby, Wave of Ire over Lake’s New Name, L.A. TIMES, Apr. 24, 1988, at 23; see
Tribute to Senator Thurmond Goes Awry in South Carolina, N.Y. TIMES, Feb. 29, 1988, at
A17.
78 H.R. 4053, 100th Cong. 134 CONG. REC. H630-02 (2d Sess. 1988).
79 Id.
80 Resistance to the name change lingers:
Strom Thurmond Lake or Clarks Hill? The answer to the oft-asked question
depends on whom you ask — and where you are. The official state highway
map of Georgia calls the lake Clarks Hill, conforming to a Georgia law
adopted in the wake of Congress’ 1987 renaming of the lake after Republican
U.S. Sen. Strom Thurmond, of South Carolina. Official highway maps in
South Carolina, however, call the reservoir J. Strom Thurmond Dam &
Lake, as do the Army Corps of Engineers and other federal agencies. The
still-simmering fuss erupted when then-U.S. Rep. Butler Derrick, of South
Carolina, and other politicians thought it would be a nice birthday present
for Mr. Thurmond to rename the lake in his honor.
Although the change quietly cleared Congress, it wasn’t so quiet closer to
home, where groups working to restore the Clarks Hill name collected
petitions with more than 72,000 signatures — all to no avail. “It still comes
up, and people are still plenty mad about it,” said Roy Giles, a co-chairman
of the 1988 “Keep Our Lake Clarks Hill” movement. “Everybody I know
calls it Clarks Hill, and to be honest with you, most people over in Carolina
call it that, too.” The outcry over the renaming was widespread. Newspaper
editorials across the region — and national newspapers including The Wall
Street Journal — urged Mr. Thurmond to decline the honor, which he
refused to do.
A Georgia congressman, Democrat Doug Barnard, even introduced
legislation to change the name back, but it stalled in committee and was
2007] Trademarks of Privilege 943
opposition was related to distaste for Thurmond, as opposed to simple
resistance to change. In any event, Barnard’s efforts to have the lake’s
original name restored by Congress failed, but many Georgia maps
and publications obstinately continue to refer to the disputed body of
water by its original name.81
Thanks to myriad naming gestures, Thurmond’s name is highly
visible in the context of many public facilities throughout South
Carolina. The impact of all this naming on the people who encounter
it deserves consideration. Trademark jurisprudence suggests that the
ordinary observer is likely to ascribe their opinions of Thurmond to
the named amenity, and correspondingly, that the quality of the
experience that the observer has with the facility will be imputed to
Thurmond.82 This means that individuals who regard his legacy
unfavorably are likely to have, at least on a prima facie basis, a
negative view of the roads, schools, lakes, and buildings named for
Thurmond, and perhaps upon the communities that house them.
Conversely, people who admire the way in which Thurmond
conducted his personal or professional life are likely to accredit
positive characteristics initially to the public facilities that bear
never considered. Mr. Giles still has hope — albeit slim — that someday the
original name could be restored. “The more time that goes by, the harder it
is to get something done in Congress,” he said.
Almost forgotten in the controversy was the lake’s true namesake — an
Augustan named John Mulford Clark, who owned land where the
community of Clarks Hill, S.C., now sits. When Congress authorized the
reservoir in 1944, the government’s policy was to name projects after towns
or geographic areas. Thus, the dam was named after the community of
Clarks Hill and not Mr. Clark. Because of a typographical error, the original
legislation calling for construction of the project named the lake Clark Hill,
dropping the “s” that appears in the town of Clarks Hill. In 1980, legislation
restoring the “s” to the reservoir’s name was introduced and approved. The
1987 change wasn’t the first suggested for the lake. On Feb. 15, 1954, U.S.
Rep. Paul Brown, of Georgia, proposed renaming the lake Hamilton-Moody
Reservoir. Thomas Hamilton was an editor of The Augusta Chronicle, and
Lester Moody was the secretary of the Augusta Chamber of Commerce.
Both men supported the creation of the lake. The proposal was never
adopted.
Robert Pavey, Debate on Lake’s Name Continues, AUGUSTA CHRON., Apr. 12, 2004, at
A1.
81 See, e.g., Answers.com, Lake Strom Thurmond, http://www.answers.com/
topic/lake-strom-thurmond (last visited Dec. 31, 2006); United States Lake
Information, Clarks Hill Lake Georgia, http://clarkshill.uslakes.info/ (last visited Dec.
31, 2006); Wikipedia, Lake Strom Thurmond, http://en.wikipedia.org/wiki/
Clarks_Hill_Reservoir (last visited Dec. 31, 2006).
82 See generally Landes & Posner, supra note 37, at 265.
944 University of California, Davis [Vol. 40:919
Thurmond’s name, and in many cases, visage. In turn, both groups
may attribute the perceived qualities and characteristics of the
facilities that use his name to Thurmond personally. If a school
named for Thurmond is spacious, attractive, well-appointed, and
meticulously maintained, this would tend to enhance the perceived
Thurmond reputation or legacy, while a cramped, dated, poorly
maintained facility would tarnish it.
One public high school in Johnson, South Carolina that bears
Thurmond’s name has the “Fighting Rebel” as its mascot, and its
official motto is “Preserving the Past, Shaping the Future.”83 It is
through naming gestures like this that particular elements of the past
are indeed preserved, and the future is in some aspects molded.
Generations of parents and school children will retain important
memories associated with the name “Strom Thurmond,” far beyond
anything the simple study of history is likely to impart. Many will
unquestioningly assume that because the school was named after him,
he earned and deserved the honor. The majority of students who
attend the school are African American, and one wonders how they
feel about having a mascot that honors the slavery-favoring soldiers in
the Civil War, and attending a high school named for a man who
sought to retain race-based segregation in the South for a substantial
portion of his career.84 Whether a majority of members of the affected
community would favor changing the name of the school is unclear.
How they might effectuate a “de-Thurmondization” through the
political process is also uncertain.
While it is beyond dispute that Thurmond served the citizens of the
Palmetto State for many years, to characterize his many terms in the
U.S. Senate as some sort of selfless act of generosity for which he
should be repeatedly rewarded through naming gestures is
contestable. If one views earning and holding a U.S. Senate seat as an
act of personal sacrifice, then perhaps compensation through
aggrandizing naming acts is appropriate. If, however, one
characterizes being a U.S. senator as an honor and a privilege, it is
83 See Strom Thurmond High School, http://www.edgefield.k12.sc.us/STHS/ (last
visited Dec. 31, 2006); see also Public School Review, Strom Thurmond High School,
http://www.publicschoolreview.com/school_ov/school_id/72165 (last visited Dec. 31,
2006).
84 See generally Kari Frederickson, Strom Thurmond’s Mixed Record, GEO. MASON U.
HIST. NEWS NETWORK, Dec. 17, 2002, http://hnn.us/articles/1166.html; Kevin
Alexander Gray, “Segregation (and Hypocrisy) Forever”: The Legacy of Strom
Thurmond, COUNTERPUNCH, Mar. 8, 2004, http://www.counterpunch.org/
gray03082004.html.
2007] Trademarks of Privilege 945
hard to see how any entitlement to having one’s name attached to
public facilities should necessarily follow. A Senate seat presents an
individual with the means to shoehorn his name onto public facilities,
but it does not require that he take advantage of this power at all, no
less repeatedly and to great excess.
It is certainly possible that after careful reflection and deliberation,
every affected South Carolina community would have freely chosen to
name public facilities after Thurmond of their own volition. There is,
however, no evidence that any sort of direct democratic process
resulted, or would have resulted, in the substantial array of acts of
“Thurmondization” that occurred during Thurmond’s lifetime.
II. NAMING NAMES
Naming gestures are exercises of political power. Unlike with
legislation or court opinions, however, the public record may be
devoid of information about who suggested a naming gesture, whether
there was any opposition, and what the process was by which it was
approved. If certain precepts and rationalizations lurking in
trademark law and the right of publicity were applied to the naming of
public facilities, it might be hard to justify allowing them to be named
after controversial figures, at least not without a more transparent and
democratic process for choosing the names that are bestowed on them.
Every naming opportunity is a public resource of value, but there is
little indication that such resources are properly stewarded to ensure
that they are used in a way that optimally maximizes, or even
considers, their utility to a community.
Beyond explicitly trademark-related concerns such as consumer
confusion and trademark dilution, it is important to contemplate the
ethics, and societal impact, of naming constructs and traditions. Even
the choice to name a public facility after a relatively unknown,
seemingly innocuous person has important social ramifications. In
the absence of strong evidence or widespread feelings to the contrary,
naming gestures may promote the impression that the companies and
individuals whose names ornament public places are generous,
praiseworthy, and fairly universally well-regarded. Less commendable
aspects of the person or entity are unlikely to receive an enshrined
public airing. Seldom seen are public plaques or markers that extol
the virtues of a statesman or benefactor with caveats, such as warning
that it would be unwise to leave the honored individual alone with the
family silver, or an aside lamenting the person’s lackadaisical approach
to matters of personal hygiene.
946 University of California, Davis [Vol. 40:919
It can be difficult to ascertain precisely when and where naming
decisions are made. State or municipal legislatures are likely to make
naming decisions for public amenities such as highways, bridges, state
buildings, parks, streets, and schools. However, these bodies debate
few naming decisions, and most seem to be fait accompli at the
moment their enabling legislation is introduced. Often, individual
government officials seem to have Star Chamber-like85 power to
engineer naming these public facilities for themselves, and their family
members and friends, through processes unseen and unavailable to the
public. With the exception of naming opportunities at public colleges
and universities, one cannot typically make outright purchases of the
naming rights to public amenities. In consequence, affecting naming
acts and name changes would appear to require political connections
rather than cash, though of course money is always useful to the
process of obtaining and strengthening political connections that
might indirectly facilitate naming power.
Some naming activities are obviously motivated by political
concerns. After the United States Supreme Court denied certiorari in
Yarnell v. Cuffley and the Ku Klux Klan prevailed in its efforts to
participate in Missouri’s “Adopt-A-Highway” program, the state was
required to erect signs announcing the Klan’s sponsorship of a portion
of I-55.86 The Missouri Legislature responded by voting to name the
stretch of highway adopted by the Klan the “Rosa Parks’ Highway.”87
Certainly Parks, a hero of the civil rights movement, was more than
worthy of this honor, but the intention behind the naming was almost
retaliatory in nature, rather than being motivated by spontaneous
appreciation for Parks’ courage and leadership.88 Once again, Parks
85 “In modern usage, legal or administrative bodies with strict, arbitrary rulings
and secretive proceedings are sometimes called, metaphorically or poetically, star
chambers.” Wikipedia, Star Chamber, http://en.wikipedia.org/wiki/Star_Chamber (last
visited Jan. 22, 2007).
86 Cuffley v. Mickes, 208 F.3d 702 (8th Cir. 2000), cert. denied, Yarnell v. Cuffley,
532 U.S. 903 (2001); see About.com: U.S. Gov. Info/Resources, Supreme Court Rules
KKK Can ‘Adopt a Highway,’ http://usgovinfo.about.com/library/weekly/
aa030501a.htm (last visited Dec. 31, 2006).
87 See Snopes.com, The Name Game, http://www.snopes.com/inboxer/outrage/
rosapark.htm (last visited Dec. 31, 2006).
88 See Answers.com, Rosa Parks Highway, http://www.answers.com/topic/rosa-
parks-highway (last visited Dec. 31, 2006); Ilena Rosenthal, Happy Birthday, Rosa
Parks!, WOMEN’S ENEWS, Feb. 4, 2003, http://www.womensenews.org/article.cfm/
dyn/aid/1210/context/ourdailylives (“When learning of the honor, Parks only
comment was: ‘It is always nice to be thought of.’”).
2007] Trademarks of Privilege 947
became a racist-defying symbol, only this time her role was
promulgated by a state government rather than opposed by one.
Lack of political capital may preclude particular naming gestures.
Republicans in Congress blocked an effort by a Democratic
congressional representative to have a post office in Berkeley,
California named after a woman the Republicans claimed was a
socialist.89 A number of Berkeley residents had hoped to use the
naming gesture to honor her community spirit. This gesture was
thwarted by government actors who opposed the social and political
meaning that appending her name to a federal building could
facilitate.
Conversely, a wealth of political power makes orchestrating naming
gestures almost effortless. After Senator Mitch McConnell steered
$14.2 million in federal funding toward the University of Louisville to
build a new library wing, the university magnanimously named the
new auditorium after U.S. Labor Secretary Elaine Chao, McConnell’s
wife.90 That this was anything less than a quid pro quo defies
credulity. The American taxpayers purchased this honorific for Chao
without input or consultation. History may well remember Chao as
89 Lest anyone think 1950s style red-baiting no longer occurs, consider the
following:
Opposition from Republican lawmakers has apparently halted a bid to
name Berkeley’s main post office after the 93-year-old local civil rights icon
Maudelle Shirek.
Earlier this month, GOP leaders abruptly withdrew the bill introduced by
Rep. Barbara Lee (D-Oakland) from a vote on the floor of the House.
Ceremonial matters like the naming of a post office typically sail through
the Congress, but according to published report in The Hill, a weekly
congressional newspaper, “Certain members in the California delegation
believe that Shirek is a socialist or a communist.”
Shirek, who reportedly once dined with Fidel Castro, served on the
Berkeley City Council for 20 years before losing her bid for re-election last
year. She was a seminal figure in the local civil rights movement and played
a major role in combating housing discrimination in Berkeley. Shirek did
not return phone calls for this story.
Matthew Artz, G.O.P. Blocks Effort to Name Post Office for Maudelle Shirek, BERKELEY
DAILY PLANET, Mar. 25, 2005, available at http://www.berkeleydaily.org/
article.cfm?issue=03-25-05&storyID=21016.
90 See Al Kamen, The Valentine Earmark, WASH. POST, Feb. 3, 2006, at A17,
available at http://www.washingtonpost.com/wp-dyn/content/article/2006/02/02/
AR2006020202605.html; University of Louisville to Name Auditorium for Chao,
WHAS11.COM, Feb. 3, 2006, http://www.whas11.com/education/stories/
WHAS11_TOP_LibraryChao.690e78fb.html.
948 University of California, Davis [Vol. 40:919
an outstanding citizen, but that is not why an auditorium was named
after her.
Higher education is one context in which naming opportunities
come closest to functioning in some sort of cognizable market, but
even then prices and variables are largely obscured from public view.
At private universities particularly, the process by which buildings,
auditoriums, or institutes are named is fairly secretive. Public
universities are more likely to have express guidelines for naming, but
both public and private educational institutions often go to great
lengths to avoid the appearance of a direct quid pro quo between a
large donation and the naming or renaming of something on campus.91
91 For samples of university naming policies, see, for example, Arch Foundation
for the University of Georgia, Policies and Procedures: Establishing Names for
Buildings, Facilities, and Streets, http://www.uga.edu/archfoundation/
policies_VF.html (last visited Dec. 31, 2006); Binghamton University Foundation,
Naming Opportunities, http://giveto.binghamton.edu/namingopps.html (last visited
Dec. 31, 2006); Campaign for the University of Vermont, Naming Opportunities,
http://www.uvm.edu/campaign/naming_opportunities.php (last visited Dec. 31,
2006); Chicago State University, Foundation: Naming and Commemorative
Opportunities, http://www.csu.edu/foundation/namingnadcommemorativeop.htm
(last visited Dec. 31, 2006); Cleveland State University, Division of University
Advancement: Types of Naming Opportunities, http://www.csuohio.edu/giving/
naming (last visited Dec. 31, 2006); Columbus State University, Office of Real Estate
and Facilities: Columbus State University Naming Guidelines,
http://www.usg.edu/ref/compliance/naming/csu.phtml (last visited Dec. 31, 2006);
Duke University, Pratt School of Engineering, Opportunities to Contribute,
http://www.pratt.duke.edu/development/naming_opportunities.php (last visited Dec.
31, 2006); Howard University School of Law, Naming Gifts,
http://www.law.howard.edu/152 (last visited Dec. 31, 2006); Miami University
Campaign, Naming Opportunities: Campaign Naming Opportunities and Endowed
Funds Guidelines, http://www.forloveandhonor.org/naming.htm (last visited Dec. 31,
2006); Mississippi State University, Ways to Give: Naming Opportunities,
http://www.msufoundation.com/giving/naming (last visited Dec. 31, 2006); Nova
Southeastern University, University Center: Naming Opportunities,
http://www.nova.edu/ucenter/naming_opportunities.html (last visited Dec. 31, 2006);
Oregon State University, University Property Naming Policy, http://oregonstate.edu/
dept/budgets/genupol/gupname.htm (last visited Dec. 31, 2006); Purdue University,
Dick and Sandy Dauch Alumni Center Naming Opportunities,
http://www.purduealum.org/dauch/pages/naming/ (last visited Dec. 31, 2006); Purdue
University, University Policies: Guidelines for Naming Opportunities and Endowed
Funds for the West Lafayette Campus (IX.4.1), http://www.purdue.edu/policies/
pages/advancement/ix_4_1.html (last visited Dec. 31, 2006); Rockefeller University,
Naming and Endowed Gift Opportunities, http://www.rockefeller.edu/giving/
namingandendowed.php (last visited Dec. 31, 2006); Sewanee: The University of the
South, Gifts and Naming Opportunities, http://ur.sewanee.edu/sewaneecall/
opportunities (last visited Dec. 31, 2006); Stanford University Medical Center, Office
of Medical Development: Naming Opportunities, http://med.stanford.edu/
development/opportunities/naming.html (last visited Dec. 31, 2006); Stephen F.
2007] Trademarks of Privilege 949
The naming gesture is spun for public relations purposes as a
spontaneous, possibly unexpected (or most improbably, unwanted)
mechanism with which to honor a benefactor. Yet all universities
likely have general giving categories, and at least roughly consistent
criteria about the size of gifts that render a donor eligible for a
particular naming honor. An entire multimillion dollar building is
unlikely to be named after someone who has merely contributed $500
to an annual giving campaign without extremely special circumstances
involving unique attributes of the donor, such as a distinguished and
high profile career in politics, or a family relationship to far more
generous benefactors. Naming gestures are likely to be commensurate
with the associated level of perceived generosity.
Public amenities unrelated to education, such as museums and
libraries, may also receive names that reflect the benefactor’s monetary
support. Other public naming gestures do not seem to be tied to
financial support at all. For example, there are many public parks,
streets, schools, and other amenities named after people like Martin
Luther King, Jr. and Cesar Chavez in recognition of their stature and
accomplishments.92 Many comedians have made (purportedly)
Austin State University, Naming Opportunities, http://www.givetosfa.sfasu.edu/
naming.html (last visited Dec. 31, 2006); Syracuse University, Giving: Naming
Opportunities, http://giving.syr.edu/naming.html (last visited Dec. 31, 2006);
Tuskegee University, Tuskegee University Naming Opportunities,
http://www.tuskegee.edu/Global/story.asp?S=1568337 (last visited Dec. 31, 2006);
University of California, Policy on Naming University Properties, Academic and Non-
Academic Programs, and Facilities (Dec. 19, 2002), http://www.ucop.edu/ucophome/
coordrev/policy/12-19-02att.pdf; University of California, San Diego, Policy Procedure
Manual Online: 410-4 Policy and Guidelines for Minimum Gift Levels and Naming
Opportunities, http://adminrecords.ucsd.edu/ppm/docs/410-4.HTML (last visited Dec.
31, 2006); University of Montana Foundation, Endowment Naming Opportunities,
http://www.umt.edu/umf/campaign/endowment.htm (last visited Dec. 31, 2006);
University of South Carolina, Office of Development: University Libraries Naming
Opportunities, http://www.sc.edu/library/develop/no.html (last visited Dec. 31, 2006);
Wilfrid Laurier University, Development Office: Naming Opportunities
http://www.wlu.ca/page.php?grp_id=64&s_id=428&sb_id=620 (last visited Dec. 31,
2006); Wilkes University, John Wilkes Society: Naming Opportunities,
http://www.wilkes.edu/pages/285.asp (last visited Dec. 31, 2006).
92 Derek Alderman has written extensively about the history and politics of
naming and renaming streets after Dr. Martin Luther King, Jr., in the United States.
See, e.g., Derek Alderman, A Street Fit for a King: Naming Places and Commemoration
in the American South, 52 PROF. GEOGRAPHER 672 (2000); Derek Alderman, Street
Names as Memorial Arenas: The Reputational Politics of Commemorating Martin Luther
King, Jr. in a Georgia County, 30 HIST. GEOGRAPHY 99 (2002); Derek Alderman, Street
Names and the Scaling of Memory: The Politics of Commemorating Martin Luther King,
Jr. Within the African-American Community, 35 AREA 163 (2003) [hereinafter
Alderman, Scaling of Memory].
950 University of California, Davis [Vol. 40:919
humorous observations thematically referencing the fact that it is
commonly known that venues named after heroes of the poor and
oppressed are best avoided, since they are likely to be located in
economically distressed, high crime neighborhoods. Chris Rock once
quipped, “If a friend calls you on the phone and says they’re lost on
Martin Luther King Boulevard and they want to know what they
should do, the best response is ‘Run!’”93 If this is true to any
significant degree, one has to thoroughly consider the motivations,
effects, and meanings of this type of naming action, because at first
blush naming a blighted street after an individual would not appear to
be desirable, or much of an honor to that person.
One plausible and legitimate reason for this practice might be a
conviction that invoking the names of heroic achievers in depressed
regions could imbue the residents with a sense of optimism about the
future.94 Certainly, Martin Luther King, Jr., and Cesar Chavez
championed the rights of the downtrodden and articulated beliefs in
the inherent worth and dignity of poor people. While affixing one of
these names to an economically challenged street might communicate
mixed messages, to intentionally name a street after King or Chavez in
a fancy, upscale residential or retail shopping district with a
predominantly white racial composition would in many respects seem
incongruous and disconcerting.95
One might argue that the trademark value of the Martin Luther
King, Jr. or Cesar Chavez name would be enhanced by association
with an attractive, prosperous street or neighborhood, but tarnished
and depreciated by high profile usage and presence in contexts of
blight and visible poverty. If a name was being used as an actual
trademark in other contexts, the views of the mark holder might be
taken into account, but there is nothing in trademark law that requires
such consideration, and the naming of a public facility would probably
be construed as a non-trademark use or as a nominative use over
which a mark holder has no statutory control.96
93 This statement is quoted in JONATHAN TILOVE, ALONG MARTIN LUTHER KING:
TRAVELS ON BLACK AMERICA’S MAIN STREETS 5 (2003).
94 See University of Southern California College of Letters, Arts, & Sciences,
Website for Writing 340: Martin Luther King, Jr. Boulevard, http://www.usc.edu/
dept/LAS/writing/340/research.html (last visited Dec. 31, 2006).
95 See New Georgia Encyclopedia, History and Archaeology: Martin Luther King,
Jr. Streets in Georgia, http://www.georgiaencyclopedia.org/nge/Article.jsp?id=h-802
(last updated Apr. 6, 2004).
96 See, e.g., New Kids on the Block v. News Am. Publ’g, Inc., 971 F.2d 302 (9th
Cir. 1992) (“[The court] may generalize a class of cases where the use of the
trademark does not attempt to capitalize on consumer confusion or to appropriate the
2007] Trademarks of Privilege 951
Trademark holders are not the only entities that could oppose a
purely honorific naming gesture. Residents of an upscale, principally
white area might not welcome having public resources or amenities
named after King or Chavez because the residents might fear that
perceived associations with poorer, nonwhite neighborhoods would
negatively impact property values.97 To some extent at least,
community opposition toward any naming gesture ought to be taken
into account. Imposing a name on a particular geographic community
forces people to honor and remember an individual that a majority of
the affected political subdivision may not view favorably. One might
counter, however, that this is exactly the segment of the public that
could significantly benefit from exposure to certain kinds of values
and diversity through the selective naming of mainstream public
facilities. Naming gestures could have a normalizing effect on names
that were previously controversial or polarizing, paving the way for
enhanced consideration, if not acceptance, of the views or values that
these names represent, after opposition subsided.98 Whether naming
cachet of one product for a different one. Such nominative use of a mark — where the
only word reasonably available to describe a particular thing is pressed into service —
lies outside the strictures of trademark law: Because it does not implicate the source-
identification function that is the purpose of trademark, it does not constitute unfair
competition; such use is fair because it does not imply sponsorship or endorsement by
the trademark holder.”).
97 Cf. Ferdinand M. de Leon, Seattle: Martin Luther King Way Is Growing into Its
Name, SEATTLE TIMES, Jan. 18, 1998, at L1, available at
http://seattletimes.nwsource.com/mlk/perspectives/roadways/seattle.html. See
generally TILOVE, supra note 93; Derek H. Alderman, Naming Streets for Martin Luther
King, Jr.: No Easy Road, in LANDSCAPE AND RACE IN THE UNITED STATES 215 (Richard
Schein ed., 2005).
98 Conflicts about the naming of streets arise when there are conflicting municipal
views about the person to be so honored. Streets that groups or individuals attempt to
have named for Martin Luther King, Jr. are often sites of social struggle. One observer
noted:
Naming a street in Americus [Georgia] proved particularly controversial.
City officials did not rename a portion of U.S. 19 until black community
leaders planned a boycott of city businesses. Part of the controversy
stemmed from the comments of a white fire official who said he would
support naming half of the street for King if authorities named the other half
for James Earl Ray, the man convicted of assassinating the civil rights leader.
New Georgia Encyclopedia, supra note 95.
Additionally:
[In October of 2003], Irene Dobson, a black woman, asked the [Zephyrhills,
Florida] City Council to rename [a] street for Dr. King, as hundreds of
places have done since his death in 1968. The Council voted 4 to 1 . . . to
952 University of California, Davis [Vol. 40:919
opportunities should be consciously used for social engineering is
likely to be contested, but the fact that they can be seems clear.
III. THE POLITICAL ECONOMY OF NAMING THE
PHYSICAL PUBLIC DOMAIN
What the social goals of a naming gesture are, and whether these
goals are likely to be accomplished, are questions that one hopes are
considered by every person or entity vested with the power to name.
Overt goals of naming may be to reward individuals and groups for
generosity, good citizenship, and career or civic accomplishments.
Unstated goals are likely to include enhancement of the reputation,
visibility, and stature of individuals, couples, families, businesses, or
other organizations. A large majority of the names at issue are likely
to be those of wealthy white males, reflecting closely the image and
composition of most governmental institutions. Men who dominate
honor her request and ordered new signs for the street that had been Sixth
Avenue.
The protests quickly began. A petition to recall the council members
arose, along with another to overturn the decision. Sixth Avenue residents
said that the Council had railroaded the plan without consulting them and
that they did not want the bother of changing their addresses. A business
owner told local newspapers that property values would fall, saying streets
named after Dr. King were a guarantee of economic blight.
. . . .
“We’re just kind of sick about the thing and wish it would go away,” said
Cullen E. Smith Jr., whose family has been here for six generations and
whose son, Lance, was one of the City Council members who voted for the
renaming. Cullen Smith said he would have preferred to name the street
after Abraham Lincoln, who he said had done “more for the black people
than just about anybody.”
. . . .
San Diego’s decision to rename a major thoroughfare, Market Street, for
Dr. King in 1986 was so unpopular that residents got an initiative on the
ballot a year later to change the name back, and won. And in 1979, the
Alabama Legislature repealed a 1976 resolution naming a section of an
Interstate highway after Dr. King.
Abby Goodnough, Honor for Dr. King Splits Florida City, and Faces Reversal, N.Y.
TIMES, May 10, 2004, at A1, available at http://www.news.ecu.edu/releases/
nyt041004.html; see also Town of Chapel Hill, Airport Road Will Be Renamed Martin
Luther King Jr. Blvd., http://townhall.townofchapelhill.org/news/events/mlk/ (last
visited Jan. 1, 2007).
It is also common for a city to abandon contentious plans to rename a street before
new street signs are even in place, as happened fairly recently in Muncie, Indiana, and
also in Portsmouth, New Hampshire, which ultimately named a park for King instead
of a street. See Goodnough, supra.
2007] Trademarks of Privilege 953
the political landscape will arrange to dominate the physical landscape
as well, naming public facilities for themselves and their relatives and
cronies at every opportunity.
A. Purchased Honorific Naming
Naming gestures can be divided into two categories: those that are
directly linked to an ostensibly charitable donation, and those that are
not. Two interesting and related questions concerning the
effectuation of naming in exchange for monetary or in-kind gifts are:
how transparent the terms and conditions (or in some cases very
existence) of the exchange are, and how explicit they should be.
Transparency seems to vary greatly from institution to institution.99
Some societal goals seem best achieved when there is a high degree of
disclosure, others when there is markedly less specificity.
Disclosing the gift levels associated with particular naming gestures
reduces uncertainty and allows the formation of something vaguely
resembling a market in naming rights. This information could lead to
increased competition, enhanced efficiency, and the other positive
effects commonly associated with functioning markets. Transparency
would help insure fairness in the sense that all equally generous
contributors would be rewarded in the same way, regardless of their
political power and influence, or lack thereof.
The primary argument against overt, codified, quid pro quo naming
programs is that gifts donated in this context risk their eligibility for
associative tax deductions. A schedule that sets a monetary value on
naming opportunities commodifies them in a way that makes the
donor susceptible to claims she has received something of value in
exchange for her cash, so the transaction is no longer strictly
charitable.100 This approach may also commodify naming gestures in a
way that seems crass and unappealing to people otherwise predisposed
to generous donations.
B. Sua Sponte Honorific Naming
When public amenities are named after people on a strictly sua
sponte honorific basis, it signals that some cohort of “the community”
views these individuals as important and worthy of honoring and
99 See supra note 91 (providing links to sample university naming policies).
100 See John D. Colombo, The Marketing of Philanthropy and the Charitable
Contributions Deduction: Integrating Theories for the Deduction and Tax Exemption, 36
WAKE FOREST L. REV. 657, 661-67 (2001).
954 University of California, Davis [Vol. 40:919
remembering.101 Why certain honorees are chosen for particular
naming acts can be relatively easy to discern, such as naming gestures
rooted in social narratives that are familiar to community members.
For example, consider this heartwarming explanation for the name of
Duling School in Jackson, Mississippi:
Schools in Jackson, like in many places, are often named to
honor educators. Duling School, now home to Jackson Public
Schools’ Career Academic Placement Program, is on Duling
Avenue in Fondren. Both are named in honor of Lorena
Duling, who taught in the Jackson Public School System for 53
years, until 1942. She was also the first principal in Jackson to
provide free lunches to underprivileged children, using her
own money for years until the school board decided to finance
school-lunch programs.102
The reasons other honorees are chosen, and the exact messages that
are transmitted by other naming gestures, however, can be subject to a
variety of interpretations. Honorific naming acts can also
simultaneously be seen as exercises in racial and cultural domination
and subordination. Providing an illustrative example is the city of
Jackson, Mississippi itself. One observer noted:
Andrew Jackson [was] a hero to many and a shameless robber
and killer to others. [Jackson, Mississippi] is named after the
seventh president of the United States. Andrew Jackson was
first in many respects: the first president to marry a divorced
woman, the first to appoint a “Cabinet,” the first to be
nominated at a national convention, and the first populist
president — meaning he wasn’t a member of the aristocracy;
he was a man of the people. Or, at least many of the people.
Jackson was an enemy to Native Americans, however. He
led the “Indian Wars” — the Creek War and the First
Seminole War — and signed the Indian Removal Act in 1830,
leading to tribes’ forced evacuation from 100 million acres of
their land along the Trail of Tears. In addition to having the
capitol city of Mississippi named after him, Jackson is
101 See, e.g., Avenues Building to be Named After Donors, Journal and Topics
Newspapers, June 15, 2005, available at http://www.journal-topics.com/business/05/
biz050615.4.html; cf. Tamar Lewin, A Marriage of Unequals, N.Y. TIMES, May 19, 2005
at A1 (describing wealthy people as those “with their names on the buildings”).
102 See Daniel Townsend, What’s in a Name?, JACKSON FREE PRESS, Mar. 9, 2005,
available at http://www.jacksonfreepress.com/comments.php?id=5417_0_9_0_C.
2007] Trademarks of Privilege 955
immortalized in a large bust statue tucked behind the
Mississippi Museum of Art.103
Naming acts can also be seemingly serendipitous, and linked to
what has been called “the scaling of memory.”104 When, important
public facilities are named after a person it enlarges the visibility and
seeming importance of the honoree. When minor public facilities are
bestowed with a name, it may inaccurately signal that the honoree’s
contributions were insignificant. One commentator in Austin, Texas,
noted that the historical importance of two local politicians had been
“reversed in the modern Austin landscape,” based on naming choices
that were made. A successful and well-regarded mayor who had
served for 22 years seemed like a minor character, because a mere lake
dam had been named for him, while a man who died young after
serving only a few months on the Austin City Council appears
deceptively prominent because his name graces the Austin Airport.105
The observer concluded:
That’s the funny thing about how Austin’s streets and
landmarks got their names. Geography rewrites history.
Spontaneous gestures and whims have become, generations
later, the bones of the Austin canon. And the historically
minded have to explain that, for example, no, Stephen F.
Austin did not found, or even visit, the capital city.106
As this example illustrates, politicians can be both over- and under-
rewarded for their service through disproportionate naming gestures,
and historical memory can be deceptively shaped and distorted by
people with power and a penchant for self-aggrandizement. Humble
public servants can fade into obscurity after retirement or death, while
aggressive self-promoters manage to immortalize themselves on public
resources at the public expense.107
103 Id.
104 See Alderman, Scaling of Memory, supra note 92, at 166.
105 See Mike Clark-Madison, By Any Other Name: The Names of Austin’s Cherished
Landmarks Are Half History, Half Serendipity, AUSTIN CHRON., Jan. 26, 2001, available
at http://www.austinchronicle.com/issues/dispatch/2001-01-26/xtra_feature2.html.
106 Id.
107 For example, the Michigan Memorial Highway Act states in pertinent part:
“The state transportation department shall only provide for the erection and
maintenance of suitable markers at the approach of any of the highways described in
this act when sufficient private contributions are received to pay the cost of erecting
and maintaining those markers.” MICH. COMP. LAWS § 250.1002 (2006), available at
http://www.legislature.mi.gov/ (search “Michigan Compiled Laws Search: MCL
956 University of California, Davis [Vol. 40:919
Sometimes, it should be noted, the beneficiaries of naming gestures
receive what might be characterized as “negative immortality.” For
example, the name “Edmund Pettus” lives in infamy rather than glory
because it graces a bridge in Selma, Alabama that was the site of an
event known as “Bloody Sunday” during the civil rights movement of
the 1960s.108 A group of 600 civil rights marchers headed out of Selma
on U.S. Route 80 were attacked with clubs and tear gas by state and
local police officers when they reached the Edmund Pettus Bridge, a
mere six blocks into a march that was intended to go all the way to
Montgomery, Alabama.109 That the bridge was named for Pettus to
honor and memorialize his service as both a U.S. senator and a
Confederate brigadier general during the Civil War adds an almost
surreal irony to the negative associations that many people attach to
the bridge.110 An odd related attribute of Selma is that it has streets
named after both Martin Luther King, Jr. and Jefferson Davis, and that
these streets intersect.111
IV. ROADS, STREETS, BOULEVARDS, AVENUES, AND LANES
The naming gestures with which most people have the most
intimate and ongoing contact are those related to streets.
Additionally, municipal thoroughfares are probably the type of public
facilities that produce the most numerous resources subject to
honorific naming gestures. Streets named after individuals are
typically abundant in populated areas. Street labels have powerful and
lasting visibility for municipalities, neighborhoods, and individuals, as
they are critical locative components of real space addresses.112 A
Section” for “250.1002”).
108 See Nat’l Park Service, U.S. Dep’t of the Interior, We Shall Overcome: Historic
Places of the Civil Rights Movement: Selma-to-Montgomery March,
http://www.cr.nps.gov/nr/travel/civilrights/al4.htm (last visited Jan. 1, 2007).
109 Id.
110 See Answers.com, Edmond Pettus, http://www.answers.com/topic/edmund-
pettus (last visited Jan. 1, 2007).
111 See TILOVE, supra note 93, at 5, 79.
112 Some street name choices have unintended consequences, as an excerpt from
one work of fiction illustrates:
When it was built in the sixties, on an open space that would now be called
a “green field area,” between the top of York Street and the western side of
Glebe Road, the three streets and block of flats on a green in the midst of
them, it had been called the York Estates. The then chairman of the housing
committee, who had done A Midsummer Night’s Dream for his school
certificate and was proud of the knowledge thus gained, named the streets
after characters in that comedy, Oberon, Titania, and Puck. This last had
2007] Trademarks of Privilege 957
street name often becomes a critical portion of a person’s address, and
an adjunct portion of her identity. Though possible street names are
theoretically infinite, in practice communities tend to adopt very
traditional street labels, just as the pool of possible first names is
limitless, but we nevertheless live in a world of plentiful Williams,
Johns, Matthews, Elizabeths, Susans, and Jennifers.113 Streets named
for well-known trees or birds, or geographical features such as lakes or
hills are common, while streets named after bodily functions or
infectious diseases are not.114 One commentator has written:
Street names give character and life to the space they occupy,
often serving as historical markers for a city. Street names are
the ultimate manifestation of a cities [sic] politics, culture and
ideologies. Street names provide a common language for a city
and its inhabitants; they are meters of change often reflecting
dynamic struggles of power within the city limits.115
Throughout history, politicians have exhibited an astute awareness
about the power and societal impact of naming gestures. Around
1791, after the French Revolution, renaming the streets of Paris
“became the revolutionaries’ way of starting over from the ground
up.”116 During World War I, many streets in the United States with
German names were changed, ostensibly to express patriotism.117 In
always been a problem to tenants, the police, and the local authority because
of the opportunity it gave the local youth of transforming, with a can of
spray paint and the minimum effort, an innocent name into an obscenity.
RUTH RENDELL, HARM DONE: A NEW INSPECTOR WEXFORD MYSTERY 5 (1999).
113 See Behind the Name, Most Popular Names for Births in the United States 2005,
http://www.behindthename.com/top/lists/100us2005.php (last visited Jan. 1, 2007);
New Parents Guide, Most Popular Baby Names for Boys and Girls in the 1980’s,
http://www.thenewparentsguide.com/most-popular-baby-names-1980.htm (last visited
Jan. 1, 2007); New Parents Guide, Most Popular Baby Names for Boys and Girls in the
1990’s, http://www.thenewparentsguide.com/most-popular-baby-names-1990.htm
(last visited Jan. 1, 2007).
114 Street monikers that might be unappealing to residents could include:
Drinkand Drive, Pothole Place, Curdsand Way, Angry Disenfranchised Loners with
NRA Memberships Blvd., Coronary Bypass, Superfund Lane, Lost Kitty Mews, Vicious
Circle, Peoples Court, and West 196,841st Street.
115 The France of Victor Hugo: Sights and Sounds of Revolutionary Paris: Main
Street: Re-Naming the Streets, http://www.mtholyoke.edu/courses/rschwart/hist255/
kat_anna/streetnames.html (last visited Jan. 1, 2007).
116 Id.
117 Consider the actions of President Woodrow Wilson:
Wilson hired a publicist, George Creel, to head the “Committee on Public
Information” (CPI) — a propaganda ministry with the sole purpose of
958 University of California, Davis [Vol. 40:919
one New York town, Hanover Hill became Revonah Hill, which
sounds as though it may have Native American linguistic origins, but
in actuality, Revonah is simply Hanover spelled backwards.118
Some political subdivisions consciously recognize the importance of
naming gestures by adopting written policies governing them, with
varying degrees of specificity. Toronto’s detailed statute spells out
explicit goals and considerations,119 while Pickering, another city in
“selling the war.” CPI produced films, pamphlets, curriculum guides — all
designed to “paint Germany in a bad light.” Wilson’s propaganda ministry
encouraged businesses to spy on their employees, parents to spy on their
children, and neighbors to spy on neighbors. Most importantly, the CPI
urged Americans to report “disloyal” pro-German sentiments. Creel himself
stated that he demanded, “100% Americanism.” The teaching of German
was banned in schools; German folksongs, such as “Oh Tannenbaum” were
torn from children’s songbooks; German street names were changed; and
sauerkraut was renamed “victory cabbage.” Posters were produced urging
Americans to report anyone “who spreads pessimistic stories, divulges — or
seeks — confidential military information, cries for peace, or belittles our
effort to win the war.”
Chicora Foundation, Inc., Wilson and the Repression of Free Speech,
http://www.chicora.org/woodrow_wilson.htm (last visited Feb. 21, 2007); see Univ. of
Tampere (Fin.), German-Americans and World War I,
http://www.uta.fi/FAST/US1/REF/germ-ww1.html (last visited Jan. 11, 2007).
118 But see Between the Lakes Group L.L.C., Sullivan County, N.Y.: Place Names
Through the Years, http://www.betweenthelakes.com/sullivan/
sullivan_placenames.htm (last visited Jan. 1, 2007) (“A.J.D. Wedemeyer has an
elegant house on this street in Liberty village (in addition to owning much of the top
of Revonah mountain . . .). Wedemeyer, a German national by birth, is said to have
pro-German sympathies, and at the time of World War I the local populace got up a
petition to have name of Wedemeyer Place changed. Among the names suggested
were Victory Street, Pershing Place, and Lincoln Place. Lincoln Place won out.
Interestingly, the residents did not notice — or remember — that Revonah had been
named by Wedemeyer around thirty years earlier in honor of Hanover, Germany.
Sullivan County Historian John Conway corroborates this account, and notes that
among other local accomplishments, Wedemeyer was the builder of the Music Hall,
the structure that preceded the Green Building (until the fire of 1913) at the corner of
Main and Chestnut Streets in Liberty.”).
119 Toronto, Canada’s stated “Criteria for name selection” are as follows:
1. Streets should generally be named after people, places, events and things
related to the City and citizens of Toronto. Proposed names should meet one
of the following criteria:
a. to honour and commemorate noteworthy persons associated with
the City of Toronto
b. to commemorate local history, places, events or culture
c. to strengthen neighbourhood identity
d. to recognize native wildlife, flora, fauna or natural features related to
the community and the City of Toronto
2007] Trademarks of Privilege 959
Canada, simply instituted a general policy of naming streets after war
veterans and firefighters killed in the line of duty.120 These foreign
examples can be contrasted with the codified policies of St. Louis,
Missouri, which specifically sets out a “Criteria for street names” as
follows:
A street may be named for any person, place, creation, or
number provided that:
A. It is conducive to good city planning, contributes to the
conservation of property values and to the protection of the
equity invested by residents and owners of property fronting
on said street, as well as the general interests of the other
citizens of the City; and
e. to recognize communities which contribute to the ethno-racial
diversity of Toronto
2. Consideration should be given to names of local area or historic
significance.
3. Names of living persons should be used only in exceptional
circumstances.
4. Only a person’s last name should be used as a street name unless
additional identification is necessary to prevent a duplication with an
existing street name in Toronto and surrounding municipalities.
Names to be avoided
1. Street names being a duplicate of an existing street in the City of Toronto
or in the municipalities surrounding Toronto shall be avoided.
2. Similar sounding names such as Beach Avenue and Peach Avenue, or
Apple Hill Road and Apple Road should be avoided.
3. Cumbersome, corrupted or modified names, discriminatory or derogatory
names, from the point of view of race, sex, colour, creed political affiliation
or other social factors shall be avoided.
4. Names for public streets that could be construed as advertising a
particular business shall be avoided.
5. The re-use of former street names should be discouraged because of the
confusion this causes in property records management.
City of Toronto, Street naming/re-naming, http://www.city.toronto.on.ca/mapping/
street_naming/index.htm#names (last visited Jan. 1, 2007).
120 See Danielle Milley, Markham Prof’l Firefighters Ass’n, City of Pickering to Name
Streets After Firefighters Killed on the Job, http://www.mpffa.com/politics/30.htm (last
visited Feb. 21, 2007).
960 University of California, Davis [Vol. 40:919
B. It has significance or value as part of the development,
heritage, or cultural characteristics of the city, state, or nation
and contributes to civic pride and wider public knowledge and
appreciation of the heritage and history of St. Louis; and
C. It does not detract from our historical heritage by renaming
a street which name has greater significance than the proposed
name; and
D. It names or renames all segments of the same street within
the boundaries of the City of St. Louis as to avoid the previous
confusion that has resulted when just a portion of a street was
renamed; provided, however, that a “street,” “avenue,” or
“boulevard” designation may be changed to “place,” “terrace”
or other suitable designation if a segment of said street has
been permanently closed by ordinance; and
E. When a street is to be named or renamed for a person:
1. The petition shall not be filed until after the first
anniversary of such person’s death, and
2. Only such person’s last name shall be used as a street
name unless additional identification is necessary to
prevent a duplication of street names in the metropolitan
area.121
Two of the criteria are particularly noteworthy. First is the
requirement that the name “has significance or value as part of the
development, heritage, or cultural characteristics of the city, state, or
nation and contributes to civic pride and wider public knowledge and
appreciation of the heritage and history of St. Louis.”122 This would
seem to afford the city’s Community Development Agency a lot of
flexibility with respect to the acceptance or denial of a naming or
renaming petition, which must explain the significance of the
121 ST. LOUIS, MO., REV. CODE ANN. ch. 20.12.040, § 3 (1988), available at
http://www.slpl.lib.mo.us/cco/code/data/t2012.htm (citing city’s criteria for street
names); see also Municipal Research and Services Center of Washington, Policies
Naming Public Facilities and Streets, and Street Numbering Systems,
http://www.mrsc.org/Subjects/PubWorks/NamingPolicies.aspx#Streets (last visited
Jan. 1, 2007) (referencing city ordinances in Washington governing naming of streets
and public facilities).
122 ST. LOUIS, MO., REV. CODE ANN. ch. 20.12.040, § 3.
2007] Trademarks of Privilege 961
proposed name, and contrast that with the preexisting name’s
significance, if any.123
The other notable limitation is the requirement that a proposed
honoree have been dead for at least a year.124 This seems like a fairly
effective mechanism for minimizing the self-dealing machinations of
local politicians with respect to street names. It prevents them from
engineering immediate naming gestures for themselves, and precludes
them from awarding street names to political cronies who are still in a
position to perform reciprocal favors in exchange for naming gestures.
While some political subdivisions codify their naming practices, the
naming policies of other communities can only be distilled from their
actual naming practices. For instance, one former Kentucky governor
named “nearly every bridge on U.S. 23 in Pike County for local
businessmen, including coal operators, a car dealer, a radio station
operator and a mini-storage building owner.”125 Following suit, the
mayor of Prestonsburg, Kentucky renamed “a state-maintained road
leading to Kentucky Attorney General Greg Stumbo’s home at the
city’s mountaintop golf course for Stumbo’s 5-year-old daughter.”126
This replaced the name he originally gave the route when it opened in
2001, “Maggie Mountain,” which was named after his now ex-wife.127
He had previously named the street of his residence after his son
Mikeal, and was attempting to rename another street after his second
wife, Charity.128 His constituents’ interests or desires, who would have
to bear the disruption and expense of the name changes, did not
appear to be a consideration. People who were living or working on
the streets subject to these multiple name changes are no doubt
acutely aware of their powerlessness over this process. Perhaps their
only recourse is to vote the name changers out of office, but if naming
remains the sole prerogative of elected officials, they will remain
vulnerable to additional street name changes in the future.
V. NAMING AS COMPELLED SPEECH
Public facilities often serve as physical reference points within a
community, and the names of these facilities may serve as intangible
123 Id.
124 Id.
125 See Lee Mueller, Renaming Road Snares Mayor in Legal Issue, LEXINGTON
HERALD-LEADER, Jan. 2, 2005, at B1.
126 Id.
127 Id.
128 Id.
962 University of California, Davis [Vol. 40:919
cultural reference points that help bind the social fiber of a
community. For this reason, government actors may feel justified in
imposing certain names on a community without letting them through
an open democratic process. In 1940, in Minersville School District v.
Gobitis, the Supreme Court upheld a Pennsylvania flag-salute law,
based on the conclusion that it was within the province of individual
states’ legislatures and school authorities to implement policies
intended to evoke and foster a sentiment of national unity among the
children in the public schools.129 The Court concluded: “The
ultimate foundation of a free society is the binding tie of cohesive
sentiment.”130 However, three years later, in West Virginia Board of
Education v. Barnette, the Supreme Court held that public school
children could not be compelled to recite the Pledge of Allegiance,
stating:
To believe that patriotism will not flourish if patriotic
ceremonies are voluntary and spontaneous instead of a
compulsory routine is to make an unflattering estimate of the
appeal of our institutions to free minds . . . . If there is any
fixed star in our constitutional constellation, it is that no
official, high or petty, can prescribe what shall be orthodox in
politics, nationalism, religion, or other matters of opinion or
force citizens to confess by word or act their faith therein.”131
The same basic state interests and First Amendment conflicts are
inherently intertwined with the naming of public facilities. Particular
naming gestures form “a binding tie of cohesive sentiment,”132 but
they can also be viewed as a particularized form of compelled speech,
similar in some ways to having to bear the legend “Live Free or Die”
on the license plate of a car against one’s will.133
There are many reasons that the names of streets, parks, schools,
public buildings, and bridges are important. They give residents
common reference points that are cultural as well as geographic.
Individuals cannot opt out of a street name, at least not if they want to
receive mail or explain to a 911 operator where to send the ambulance
or fire truck. Changing a street name is likely to be a fairly onerous
undertaking, if it is possible at all. In many cases it would be more
129 Minersville Sch. Dist. v. Gobitis, 310 U.S. 586, 597-600 (1940).
130 Id. at 596 (1940), overruled by W. Va. Bd. of Educ. v. Barnette, 319 U.S. 624
(1943).
131 W. Va. Bd. of Educ., 319 U.S. at 641.
132 Minersville Sch. Dist., 310 U.S. at 596.
133 Wooley v. Maynard, 430 U.S. 705, 713 (1977).
2007] Trademarks of Privilege 963
difficult than changing one’s own name, as the latter requires only a
unilateral change in usage and perhaps some paperwork, while the
former might require substantive engagement in the political process
and the cooperation of neighbors. The only feasible alternative is
moving one’s business or residence to another location to escape an
objectionable street moniker, but there are no guarantees that any
street will remain static over time in name or with respect to the
desirability of a name.
Because individuals have little choice but to use the names and
trademarks that are officially appended to the physical public domain,
it is important that as citizens they have at least some opportunity to
participate in the processes by which these names and trademarks are
chosen. Ideally, the names that individuals are compelled to hear and
speak because they are attached to public premises would reflect
broad-based public sentiments, without alienating members of
minority subgroups. Where names communicate offensive messages,
there should be accessible mechanisms through which people can
attempt to change them.
VI. “DE-NAMING”
Years ago, Jacksonville named a waterfront fountain for a local
politician and chiseled his name into the stone. It had to be chiseled out
after he went to prison for graft. The edifice was renamed “Friendship
Fountain.” Many Jacksonvillians knew it as “Felony Fountain.”134
The social meanings of names change over time. The surname
“Hitler” probably carried few, if any, negative connotations in the
United States before Adolf Hitler ascended to power in Germany, but
any streets named “Hitler” were likely divested of the name during
World War II, and today few mainstream Americans would view
proposals to name anything after Hitler favorably. Yet efforts to
remove or change the longstanding name of a facility will often meet
resistance. Vanderbilt University, a private entity, has in recent years
attempted to officially rename a dormitory on its campus currently
denominated Confederate Memorial Hall. However, the University’s
attempts have been met with legal opposition from the United
Daughters of the Confederacy, which donated money for the
building’s construction many decades earlier.135 At the time that
134 Dyckman, supra note 52.
135 See Tenn. Div. of the United Daughters of the Confederacy v. Vanderbilt Univ.,
174 S.W.3d 98, 103-04 (Tenn. Ct. App. 2005); see also Devin Varsalona, Vanderbilt U.
Drops Fight over Name, CHRON. HIGHER EDUC. (Wash. D.C.), July 29, 2005, at 30
964 University of California, Davis [Vol. 40:919
Confederate Memorial Hall was built, it was owned by another private
educational institution, the George Peabody College for Teachers,
which later merged with Vanderbilt in 1979.136 The dispute was
characterized as a matter of contract law,137 without much exploration
of related trademark law doctrines. The social meaning of
“Confederate” was clearly the underlying issue.
Other de-naming acts are effectuated fairly straightforwardly,
particularly if the change suits community sentiments and advances
political goals. The South Carolina Legislature imposed a de-naming
sanction upon corporate executive (and former South Carolina
Lieutenant Governor and Comptroller General) Earle Morris after the
company he chaired declared bankruptcy, and he was convicted of
multiple counts of securities fraud.138 The legislature stripped a major
thoroughfare of his name, passing a resolution directing that: “The
Earle E. Morris, Jr., Highway, which was that portion of South
(“Vanderbilt dropped ‘Confederate’ from the dormitory’s official name in 2002, after
more than 20 years of debate and efforts to create a more ‘welcoming environment’ on
the campus, said Michael J. Schoenfeld, a university spokesman. The United
Daughters of the Confederacy, which partly financed the building, sued Vanderbilt for
breach of contract when it decided to permanently remove the name from the
dormitory’s pediment. The case was dismissed in a Tennessee county court in 2002,
but the United Daughters brought it to the Tennessee Court of Appeals. In May, the
court ruled that Vanderbilt could not remove the chiseled name unless it reimbursed
the UDC with today’s equivalent of the $50,000 the organization raised during the
Great Depression for the dormitory, which was built in 1935.”); Vanderbilt University,
News from Vanderbilt University: Appeals Court Rules on Memorial Hall Dispute
(May 4, 2005), http://www.vanderbilt.edu/news/releases?id=19537; Vanderbilt
Universit, Memorial Hall Information, http://www.vanderbilt.edu/news/memorialhall
(last visited Jan. 1, 2007).
136 See Vanderbilt Univ., 174 S.W.3d at 105-06; Permission Granted to Change the
Name of Vanderbilt’s Confederate Hall, HOUSTONIAN ONLINE, Oct. 2, 2003,
http://www.houstonianonline.com/media/paper229/news/2003/10/02/CollegeNews/Pe
rmission.Granted.To.Change.Name.Of.Vanderbilts.Confederate.Hall-511109.shtml.
137 See Vanderbilt Univ., 174 S.W.3d at 112-19; see also supra notes 135-36.
138 H. Con. Res. 3247, 116th Sess. (S.C. 2005), available at
http://www.scstatehouse.net/sess116_2005-2006/bills/3247.htm; see M. Karen Brewer,
Removing Morris’ Name from Highway Called Unfair, PICKENS SENTINEL, available at
http://www.pickenssentinel.com/remove.html; David Dykes, Morris Sentenced to 44
Months, GREENVILLE NEWS, Nov. 19, 2004, at 1A, available at
http://greenvilleonline.com/news/specialreport/2004/11/19/2004111953399.htm; Ben
Werner, Two Years After Conviction, out of Jail Earle Morris Counts on Appeal, THE
STATE (Columbia, S.C.), Oct. 29, 2006, at F1, available at
http://www.findarticles.com/p/articles/mi_km4472/is_200610/ai_n17032017; Andy
Brack, Commentary, Find Other Ways to Honor Public Servants, S.C. STATEHOUSE REP.,
Jan. 2, 2005, available at
http://www.statehousereport.com/columns/05.0102.morris.htm.
2007] Trademarks of Privilege 965
Carolina Highway 153 that connects Secondary Highway 190 in
Anderson County with South Carolina Highway 123 in Pickens
County, is changed to South Carolina Highway 153.”139 Community
anger at Morris was adequate to support the change, but it did not
hurt matters that Morris had been a Democratic career politician,
while Republicans controlled the South Carolina State Legislature.
A group of Native Americans protested against the name “Sutter
Place” for a street in Davis, California, asserting that it was named
after John Sutter, a German-Swiss immigrant to California in the
1830s-40s who robbed, raped, and murdered his way through the lives
of thousands of American Indian people.140 Most of the objections to
removing the Sutter name seemed to be for pragmatic rather than
political reasons, such as the costs and uncertainties associated with
the mechanics of an address change. A compromise was eventually
reached.141
In one upstate New York community, “Infirmary Road” was
changed without opposition to “Sunset Lake Road” “as a courtesy to
the residents of the County adult home located on the road,” because
139 H.J. Res. 3334, 116th Sess. (S.C. 2005) (recalled), available at
http://www.scstatehouse.net/sess116_2005-2006/bills/3334.htm.
140 See Donald Cohen-Cutler, Op-Ed, Sutter Place, the Davis City Council and the
Will of People, CAL. AGGIE, May 11, 2004, available at http://www.californiaaggie.com/
(search “Search” for “Sutter Place, the Davis City Council and the Will of People”;
then follow “Sutter Place, the Davis City Council and the Will of People” hyperlink);
Morgan Kanninen, Native American Hunger Strike Against Sutter Place, CAL. AGGIE,
Apr. 1, 2004, available at http://www.californiaaggie.com/ (search “Search” for
“Kanninen, Native American Hunger Strike”; then follow “Native American Hunger
Strike Against Sutter Place” hyperlink); Jason Probst, Sutter Uber Alles: A New Davis
City Council Reluctantly Revisits the Legacy of California’s Controversial Settler,
SACRAMENTO NEWS & REV., May 6, 2004, http://www.newsreview.com/sacramento/
Content?oid=oid%3A28938. For more information on Sutter’s controversial place in
history, see generally ALBERT L. HURTADO, JOHN SUTTER: A LIFE ON THE NORTH
AMERICAN FRONTIER (2006); Nat’l Park Service, U.S. Dep’t of the Interior, Five Views:
An Ethic Historic Site Survey for California: A History of American Indians in
California: 1769-1848 (1988), available at http://www.cr.nps.gov/history/
online_books/5views/5views1b.htm; KENNETH N. OWENS, JOHN SUTTER AND A WIDER
WEST (1994); PBS, New Perspectives on The West: John Augustus Sutter,
http://www.pbs.org/weta/thewest/people/s_z/sutter.htm (last visited Jan. 1, 2007);
Richard H. Peterson, John Sutter and California’s Indians, HISTORYNET.COM,
http://www.historynet.com/magazines/wild_west/3026371.html (last visited Jan. 1,
2007); Virtual Museum of the City of San Francisco, Discovery of Gold by John
Augustus Sutter 1803-1880, http://www.sfmuseum.org/bio/sutter.html (last visited
Jan. 1, 2007); Douglas S. Watson, Virtual Museum of the City of San Francisco, The
Diary of John A. Sutter, http://www.sfmuseum.org/hist2/sutdiary1.html (last visited
Jan. 1, 2007).
141 See Kanninen, supra note 140.
966 University of California, Davis [Vol. 40:919
“the new name was perceived to sound more cheerful.”142 As a general
matter, however, de-naming is likely to be contentious, even when the
change is proposed for nonpolitical reasons. When government
officials in Concord, New Hampshire proposed eliminating duplicative
or confusing street names (it had “two Washington streets, two
Pleasant streets and two Walnut streets, a Lyndon and a Linden, a
Center and a Centre, a Tremont and a Fremont,” among others143)
residents expressed substantial opposition to proposed changes. One
observer noted:
The real issue, . . . wasn’t the numbers. It was the dissidents’
unyielding belief that in revising the names of Concord’s
streets, the task force was stripping the 272-year-old
community of its history, even of its soul. “When you change
the familiar feeling of comfort a resident has for his own
street,” one of the protesters warned, “you also change the way
he feels about his city.” Another one pleaded with the city
council to stop the treachery for the sake of future generations.
“Do this for the children,” he said. “Don’t sacrifice their
heritage.” Another swore that, faced with a choice between
safety and tradition, she would stick with tradition every
time.144
Because changes can be disruptive, many municipalities are
deferential to the desires of the majority of property owners on a
street.145 This leaves renters and people in a community who use a
street but do not own property along it effectively without a voice, just
142 Between the Lakes Group L.L.C., supra note 118.
143 Alan Ehrenhalt, Nightmare on Nuthatch Lane, GOVERNING MAG., Sept. 1999, at 7,
available at http://www.governing.com/archive/1999/sep/assess.txt.
144 Id.
145 See, e.g., WOODINVILLE, WASH., MUNICIPAL CODE tit. 12, ch. 15, § .060 (2006),
available at http://www.mrsc.org/mc/woodinville/woodin12.html#12.15.060 (citing
council redesignations of streets); SEATAC, WASH., SEATAC MUNICIPAL CODE tit. 11, ch.
20, § 060 (2006), available at http://www.ci.seatac.wa.us/mcode/smc114006000.htm
(citing street redesignations); see also MO. REV. STAT. § 77.220 (2006), available at
http://www.moga.mo.gov/statutes/C000-099/0770000220.HTM; County of Riverside,
Transportation and Land Management Agency, Street Name Change Policy,
http://www.tlma.co.riverside.ca.us/trans/cus_pam_road_rename_policy.html (last
visited Jan. 2, 2007); Knoxville Metro. Planning Comm’n, A Step-By-Step Guide to the
Process: How to Change a Street Name, http://www.knoxmpc.org/zoning/quickfct/
namechng.htm (last visited Jan. 2, 2007); Municipality of Anchorage, Alaska, Street
Names, http://www.muni.org/addressing/StreetNames.cfm (last visited Jan. 2, 2007);
Stephen P. Morse et al., Obtaining Street Name Changes in One Step,
http://stevemorse.org/census/changes.html (last visited Jan. 2, 2007).
2007] Trademarks of Privilege 967
as they are unlikely to have had any input into the original name
selection. It also insures that majority property owners will not have
names like Martin Luther King, Jr. or Rosa Parks thrust upon them
against their will, even though in the long run such naming acts might
foster enhanced cultural understanding.
It would arguably be impossible to adopt a policy of impartial
naming for public facilities. Chosen names will have a variety of
meanings and interpretations even if they do not explicitly reference
particular people or entities. Simply naming a street in Columbia,
South Carolina, “Columbia Street” may at first blush seem like a
quintessentially neutral choice, until one recognizes that “Columbia”
is a tacit reference to Christopher Columbus, whose place in history is
somewhat controversial.146
Many streets and municipalities themselves have been named after
people and places in the Bible, and so impart religious significance to
those for whom the portion of the Bible from which the name is
derived is a sacred text. Other names are chosen as a reflection of
some distillation of community values. Naming public facilities after
George Washington may be seen as a patriotic gesture. Refusing to
name public facilities after Abraham Lincoln may be seen by some
(South Carolinians in particular) as an act of continued resistance
against the North.147 Naming a street after Albert Einstein may reflect
an effort to be mildly unconventional, while honoring Calvin Coolidge
may be assumed to convey very button-down, conservative
sensibilities.
A Republican controlled Congress decided in 1998 to rename the
major airport serving Washington, D.C. “Reagan National.”148
Republicans claimed that renaming the Washington National Airport
146 Ibiblio, 1492: An Ongoing Voyage: Christopher Columbus: Man and Myth,
http://www.ibiblio.org/expo/1492.exhibit/c-Columbus/columbus.html (last visited Jan.
1, 2007).
147 For Senator Lindsey Graham’s quote about fact that Republicans in South
Carolina do not hold Lincoln dinners, see e.g., Posting of Ken Campbell to Palmetto
Demblog, http://www.scdp.org/blog.php?blog_id=227 (Mar. 7, 2005) (posting and
commenting on Bryan Mitchell, GOP Senator Has Unifying Message: Graham
Encourages Republicans Support Social Security Plans, KNOXVILLE NEWS-SENTINEL, Mar.
6, 2005, at B3; Posting of Doug McDaniel to American Street,
http://www.reachm.com/amstreet/archives/2005/03/08/knoxville-calling-lindsey-
graham-apparently-doesnt-think-much-of-lincoln/, Knoxville Calling: Lindsey
Graham Apparently Doesn’t Think Much of Lincoln (Mar. 8, 2005).
148 Ronald Reagan Washington National Airport is located in Arlington County,
Virginia. Metropolitan Washington Airports Authority, Reagan National Airport,
http://www.metwashairports.com/national/ (last visited Jan. 1, 2007).
968 University of California, Davis [Vol. 40:919
for President Ronald Reagan was a perfect gift for his 87th birthday.149
Many observers believe the gesture was both to honor former
President Ronald Reagan, and to harass Democrats150 and airport
union members,151 since Reagan had crushed PATCO, the Air Traffic
Controllers Union, during his reign.152 The naming gesture was
imposed by the federal government on the area’s inhabitants,153 though
it was not congruent with the wishes of the vast majority of the
District of Columbia’s residents, making it appear very much an act of
dominion over a population that is not permitted direct representation
in the U.S. Congress.154
In an overt and unusual attempt to shift the cultural meaning of the
name of a public political subdivision, King County, Washington kept
its name, but revised the basis for it. Originally named for William
Rufus King, Vice President under President Franklin Pierce, the King
County Council changed the “basis” for the name in 1986, passing a
motion that eventually was effected into law that repurposed “King” as
an honorific on behalf of Martin Luther King, Jr.155
149 Talks on Renaming Airport for Reagan Continue, CQ NEWS, Jan. 31, 1998,
available at http://www2.cnn.com/ALLPOLITICS/1998/02/02/cq/reagan.html.
150 See James P. Lucier & Timothy W. Maier, Dissing Reagan Washington National
Airport Name Change to Honor Ronald Reagan, INSIGHT ON THE NEWS, Apr. 23, 2001, at
6, available at http://www.findarticles.com/p/articles/mi_m1571/is_15_17/
ai_74011902; Richard Tapscott, Congress Votes for Reagan Airport, WASH. POST, Feb. 5,
1998, at A01, available at http://www.washingtonpost.com/wp-srv/local/longterm/
library/airport/overview5.htm; Letter from James L. Oberstar, Ranking Democratic
Member, House Committee on Transportation and Infrastructure: Democratic
Caucus, Dear Colleague on Reagan Airport Proposal,
http://www.house.gov/transportation_democrats/revdcoll2.htm (last visited Jan. 2,
2007); Grover Norquist, Call It: Reagan National Airport, HUM. EVENTS, Feb. 6, 1998,
available at http://findarticles.com/p/articles/mi_qa3827/is_199802/ai_n8784804; The
NewsHour with Jim Lehrer, Name Game (PBS television broadcast Feb. 4, 1998),
transcript available at http://www.pbs.org/newshour/bb/transportation/jan-
june98/reagan_2-4.html; Wikipedia, Ronald Reagan Washington National Airport,
http://en.wikipedia.org/wiki/Ronald_Reagan_Washington_National_Airport (last
visited Jan. 2, 2007).
151 See Molly Charboneau, Ronald Reagan Airport: Slap in the Face to Air
Controllers, WORKERS WORLD, available at http://www.workers.org/ww/1998/
reagan0226.php.
152 See generally Rebecca Pels, The Pressures of PATCO: Strikes and Stress in the
1980s, 37 ESSAYS IN HIST. (Corcoran Dep’t of History, Univ. of Va. 1995),
http://etext.virginia.edu/journals/EH/EH37/Pels.html.
153 See Tapscott, supra note 150.
154 House Committee on Transportation and Infrastructure: Democratic Caucus,
Reagan Airport Bill: Dissenting Views, http://www.house.gov/
transportation_democrats/views/rrairviews.htm (last visited Jan. 2, 2007).
155 See Wikipedia, King County, Washington, http://en.wikipedia.org/wiki/
2007] Trademarks of Privilege 969
CONCLUSION
In the quid pro quo naming context, articulating standards and
publicizing information that permits markets in naming rights to
function commodifies the process in ways that many might find
unappealing, and could lead to tax consequences that would lessen
incentives to make large charitable donations. This approach would
be more democratic than most current practices, however, in the sense
that the public would understand the naming process, and could
predict with reasonable certainty the outcome of any competition over
naming rights.
Fairness in strictly honorific naming practices, where no monetary
donations are involved, would seem to require a fairly clear set of
principles that direct the procedure. All people and organizations
should have a fairly equal ability to have public amenities named in
their honor. The communicative message made by any particular
naming should also be explicitly considered. Naming choices embrace
certain social values and eschew others. The terms and conditions of
the naming should also be reasonably unambiguous, and the
individuals or entities with the power to name or rename public
facilities should be spelled out.
Every government entity vested with naming power should, at a
minimum, codify some naming principles, and make the entire
process reasonably transparent, accessible to all community members,
and accountable for the values and messages embedded in their
naming choices. A government entity or municipality could consider
a system of public auctions, under which all purchased naming rights
could simply be auctioned off to the highest bidder. This would be
beneficial to the public coffers, and compensate the public for the
branding or advertising function served by a naming gesture.
However, auctioning naming rights would probably mean that wealthy
people would garner an even larger share of the quasi-trademarked
public domain than they do now. The process would open naming
rights up to people from underrepresented groups, but only wealthy
ones.
Alternatively, a lottery approach could be used, through which
names are randomly chosen from slates of nominees proposed by
community members and screened or vetted by government actors.
This would unhinge naming choices from wealth and class, but would
also undermine efforts to use naming acts to laud heroic actors and
preserve targeted aspects of community culture and history.
King_County%2C_Washington (last visited Jan. 1, 2007).
970 University of California, Davis [Vol. 40:919
Another approach might be to utilize ballot referenda, which could
diversify non-purchased, honorific naming using a directly democratic
approach, by which voters choose honorific names from a slate of
nominees. Yet another option might be to delegate this power to
specifically elected or appointed committees of interested citizens,
with the explicit requirements of transparency and accountability
often associated with financial transactions.
Regardless of the specific approach chosen, communities need to be
more deliberative about naming practices, and recognize the conflict
between naming, trademark precepts, and the social meanings of
naming choices. While private entities are largely free to do as they
choose, citizens should question the proclivity of government actors to
honor and generate positive publicity for individuals using public
funds and public resources, especially when monetary gifts are not
tendered in exchange. Otherwise, the people in control of naming the
physical public domain will continue to favor themselves and their
own interests, using trademark privileges to appropriate public
goodwill from the physical public domain. To remain passive about
naming practices is to allow the men who dominate the political
environment to continue to name physical assets for themselves,
usurping assets and privileges that rightfully belong to all of us, and to
shape and re-shape our cultural geography for their own ends.
DRAFT COPY DRAFT COPY 17
Appendix I
The Wilderness Society blogpost
“It’s time to own up to the racism and violence embedded in the names of parks and
public lands,” The Wilderness Society blogpost, 7/16/21,
https://www.wilderness.org/articles/blog/its-time-own-racism-and-violence-embedded-names-parks-and-public-lands
DRAFT COPY DRAFT COPY 18
Appendix J
Ramsey County Countywide Facility and Site Naming Policy
(2020)
Shannon Prather, “Ramsey County to stop naming buildings, parks after individuals,”
Star Tribune, East Metro edition, February 29, 2020,
https://www.startribune.com/ramsey-county-to-stop-naming-amenities-after-individuals/568179312/
DRAFT COPY DRAFT COPY 19
Appendix K - #4 DOCUMENT NEED TO BE ADDED
Naming Policies of other Jurisdictions
1. City of Bloomington, City Facilities Naming Policy, adopted August 6, 2007. 5 pages
2. City of Faribault Naming Policy, adopted December 8, 2020. 4 pages 3. City of Saint Paul, Parks and Recreation Commission Policy # 7, Naming Parks and
Recreation Sites, approved September 11, 1991; updated March 14, 2012. 2 pages
4. City of West St. Paul, Naming of West St. Paul City Parks and Recreational Facilities, approved February 28, 2022. 2 pages. (PDF will be added in final draft)
5. Minneapolis Park and Recreation Board Park Naming Policy. 1 page
6. University of Minnesota Board of Regents Policy: Namings and Renamings, last amended February 11, 2022. 9 pages
.
1
City of Bloomington
City Facilities Naming Policy
(Adopted by City Council August 6, 2007)
Purpose: The purpose of the naming policy is to provide guidelines for designating names for
City of Bloomington facilities. The policy is comprised of four sections: Nomination Criteria,
Naming/Renaming Guidelines, Application Process, and Review/Selection Process.
I. NOMINATION CRITERIA: Nominations for City facilities naming/renaming should
be based on one or more of the following Nomination Criteria (not in order of relevance):
1. In honor of organizations or individuals (living or deceased) who made a significant
contribution to the City of Bloomington.
2. In honor of an historic figure, place, or occurrence that played a significant role in the
history of the City of Bloomington or the State of Minnesota.
3. Named in relation to a prominent geographical characteristic that creates identity for a
specific area of the City. Examples can include naming for adjacent streets, bodies of
water, and other geographic features.
4. Named for organizations or individuals who contribute a significant amount of the land
and/or funding for the acquisition and/or development of the City facility based on the
following restrictions:
a. The organization or individual shall not directly or indirectly endorse or promote:
i. Unlawful activity.
ii. Age-restricted products such as alcohol or tobacco products, or other
products generally considered to be detrimental to health, welfare, or
safety of children.
iii. Sexually explicit signs or graphics, including signs that describe sexual
conduct in a patently offensive matter.
iv. Discrimination or preferential treatment to certain groups or activities.
The naming of City facilities shall normally be limited to no more than one facility per year to
maintain the stature of the facility naming honor. Any unnamed City facility may be nominated
for naming using the Nomination Criteria. Existing City facilities shall be considered to be
unnamed if they have never been specifically assigned a name as an individual facility by action
of the City Council. For example, Dred Scott Playfields Softball Field #6 may be renamed as it
has never been specifically assigned a name as an individual facility. However, Tony Oliva
Field (Dred Scott Playfields Baseball Field #1) is considered a specifically named facility.
Facilities can be nominated for naming:
1. If they are identified by City staff as eligible for naming.
2. By an outside party using the Nomination Criteria.
2
II. NAMING/RENAMING GUIDELINES: The naming of City facilities shall be limited
to significant facilities or features, including but not limited to: buildings, rooms in buildings,
athletic fields, parks, ponds, bridges, playgrounds, streets, and trails. The naming of a minor
amenity such as a water fountain, fire hydrant or tree is not normally permitted, and shall be
addressed through the appropriate City Department. For minor amenities in City parks, please
refer to the attached City of Bloomington Park Memorial Guidelines that were approved by
the PARC on February 5, 2004.
The renaming of City facilities will be strongly discouraged. A thorough examination of
nominations will be conducted to insure that renaming the City facility will not diminish the
original justification for the name or the prior contributors. City staff and the appropriate
advisory board/commission will recommend a course of action to the City Council for all
renaming nominations. Renaming of City facilities will follow the same procedures as naming a
City facility, and will adhere to the following guidelines:
1. Only City facilities named for geographic location, outstanding feature or subdivision
will be eligible for renaming.
2. Parks that have been named by deed restrictions shall not be considered for renaming.
3. City facilities named after individuals should not be changed, unless it is found that
because of the individual's character the continued use of their name would not be in the
best interests of the City.
4. The City retains the right to remove a named facility without any requirement to replace
the facility, or provide a substitute named facility, unless required to do so by separate
agreement.
III. APPLICATION PROCESS: The process for nominating the naming of a City of
Bloomington facility shall be:
1. Nominating person(s) shall request a City of Bloomington Facility Nomination for
Naming Form from the City Clerk’s office.
a. At the City’s discretion, solicitations for nominations will be made public through
various media.
b. The City may establish a naming rights program for specific City facilities and
establish minimum donation requirements (cash or other remuneration) for said
naming rights.
c. Individuals may make unsolicited nominations for unnamed City facilities at any
time.
2. The City of Bloomington Facility Nomination for Naming Form must be fully
completed and submitted to the City Clerk’s office before the review process will begin.
3. All individuals nominated shall be subject to a criminal background check.
3
IV. REVIEW AND SELECTION PROCEDURES:
1. City of Bloomington Facility Nomination for Naming Forms submitted to the City
Clerk will be reviewed by staff for completeness and accuracy.
2. Nominations meeting the minimum criteria will be forwarded to the appropriate City
Department and advisory board/commission for review.
3. Within 60 days after receiving the nomination, a recommendation to either approve or
decline the nomination will be forwarded to the City Council.
4. Nominating parties will be notified when the City facility naming request will be
considered by an advisory board/commission and the City Council. Nominating parties
will be informed in writing of the final naming decision within two weeks following the
action by the City Council.
5. Nominating parties shall be responsible for the costs associated with recognition or
memorial plaques or markers. The size, style, text and location of plaques/markers shall
be approved by the City.
*The City Council shall have the authority to override this policy when they deem doing so
is in the best interests of the City.
1
City of Bloomington
City Facilities Naming Nomination Form
(Updated March 26, 2009)
Please refer to the City Facilities Naming Policy for guidelines for designating names for City of
Bloomington facilities.
RATIONALE FOR THE NOMINATION
CITY FACILITY INFORMATION
PROPOSED NAME
CURRENT NAME
NOMINATOR INFORMATION
NAME OF NOMINATOR
ADDRESS OF NOMINATOR
CITY STATE ZIP CODE
PHONE NUMBERS
(H) (W) (C)
EMAIL
2
(over)
If you are proposing to name a City Facility after an individual, be aware that the individual will be
subject to a criminal background check. Therefore, the City requires the following information on the
individual:
FULL NAME
(Please check) THE INDIVIDUAL IS: LIVING DECEASED
IF DECEASED, INDIVIDUAL’S DATE OF DEATH
INDIVIDUAL’S DRIVER’S LICENSE NUMBER___________________________________________
If the individual is living, please provide the following information:
NAME
ADDRESS
CITY STATE ZIP CODE
PHONE NUMBERS
(H) (W) (C)
EMAIL
REVIEW AND SELECTION PROCEDURES:
1. City of Bloomington Facility Nomination for Naming Forms submitted to the City Clerk will be
reviewed for completeness and accuracy.
2. Nominations meeting the minimum policy criteria will be forwarded to the appropriate City
Department and advisory board/commission for review.
3. Within 60 days after receiving the nomination, a recommendation to either approve or decline the
nomination will be forwarded to the City Council.
4. Nominating parties will be notified when the City facility naming request will be considered by
an advisory board/commission and the City Council. Nominating parties will be informed in
writing of the final naming decision within two weeks following the action by the City Council.
5. Nominating parties shall be responsible for the costs associated with recognition or memorial
plaques or markers. The size, style, text and location of plaques/markers shall be approved by the
City.
SIGNATURE OF NOMINATOR DATE
Submit this form to the City Clerk, City of Bloomington, 1800 West Old Shakopee Road, Bloomington,
MN 55431.
4
Attachment
CITY OF BLOOMINGTON
PARK MEMORIAL GUIDELINES
(Approved by the PARC on February 5, 2004)
Below are the guidelines for the City’s park memorial program (PMP).
1. The Parks Maintenance Manager shall administer the PMP.
2. The City shall accept all PMP donations by formal action at a City
Council meeting.
3. Thank you letters shall be sent out for all PMP donations received.
4. PMP donations of a routine nature (e.g. trees, park benches) will be
handled administratively by the Parks Maintenance Manager. These
donations typically have a value of $100 to $5,000.
5. PMP donations of a significant nature (e.g. park shelter, basketball
court, etc.) will be brought before the PARC for review. These
donations typically have a value greater than $5,000.
6. For routine PMP donations the donor shall pay for the delivered cost
of the item to be installed such as a tree or bench. The City shall
cover the installation costs.
7. PMP donations shall comply with standards as established by the
Parks & Recreation and Parks Maintenance Divisions. These
standards shall include the species of trees deemed acceptable for
planting in City Parks, the manufacturer and model of equipment to be
installed, and the placement of donated items in City Parks.
8. Plaques or markers will not be placed for routine tree donations.
9. A donor recognition or memorial plate may be affixed to park benches
donated to the City. The City shall specify the size and style of the
donor plate and the donor will pay for the plate and arrange for the
engraving. Upon return of the engraved plate from the donor, the City
shall affix the plate to the park bench.
10. Other PMP donor recognition or memorial plaques/markers will
require review by the PARC.
PARKS/CITY FACILITIES NAMING POLICY 8-6-07 COUNCIL ADOPTED
City Council Joint Committee
Call To Order
Agenda
1. 2021-05-11 SPECIAL WORK SESSION AGENDA.PDF
2. Naming Of City Park At 691 1st Avenue NE (Former Public Works Garage Site)
2. NAMING OF CITY PARK AT 691 1ST AVENUE NE (FORMER PUBLIC
WORKS GARAGE SITE).PDF
3. Consideration Of Work Schedule Revisions/Options
3. CONSIDERATION OF WORK SCHEDULE REVISIONS-OPTIONS.PDF
Future Discussion
Adjournment (The Council May Meet As A Group For Dinner)
Please contact the City Administrator's Office if you need special accommodations while attending
this meeting
1.
A.
Documents:
2.
Documents:
3.
Documents:
4.
5.
Special City Council Work Session
Tuesday, May 11, 2021 at 6:30pm or immediately
following the City Council Meeting
City Hall – Council Chambers
AGENDA
1. Call to Order
2. Naming of City Park at 691 1st Avenue NE (former Public
Works Garage site)
3. Consideration of Work Schedule Revisions/Options
4. Future Discussion
5. Adjourn
The Council may meet as a group for dinner.
Please contact the City Administrator’s Office if you need special accommodations while attending this meeting
Council Work Session Memorandum
TO: City Council
THROUGH: Parks and Recreation Advisory Board
Tim Murray, City Administrator
FROM: Paul J. Peanasky, Parks and Recreation Director
MEETING DATE: May 11, 2021
SUBJECT: Naming of City Park at 691 1st Avenue NE (former
Public Works Garage site)
Discussion:
We are seeking direction to name the former public works site as a park.
The Parks and Recreation Advisory Board met several times to discuss the
naming of the park. Also, the City Council adopted the Park Naming Policy
at its December 8, 2020, City Council Meeting. The Park Board narrowed
the park naming to two possibilities. If named after a person, the name
was Grace McKinstry Park and if not named after a person, Fleckenstein Bluff.
Grace McKinstry spent the summers in Faribault getting her inspiration and
was a famous artist. A story of her history is included in the packet. The
Fleckenstein Bluff name is a reference to the Fleckenstein Brewery as the
brewery was located across the river from the park site. Sue Garwood from
the Rice County Historical Society attended a Parks and Recreation
Advisory Board meeting to discuss historical names.
Other names that were discussed included:
•Cornelia Whipple
•Verna Ochs
•Helen Bratten
•Pioneer Bluff
•Bob Burke Park
•Silkey Park
•River Rail Park
The City Council is asked to determine a name for the Park so we can begin
to identify it by name.
Attachments:
•Park Naming Policy
•September 23 Park and Recreation Advisory Board Minutes
•History of Grace McKinstry
2.
Council Work Session Memorandum
TO: City Council
FROM: Tim Murray, City Administrator
MEETING DATE: May 11, 2021
SUBJECT: Consideration of Work Schedule Revisions/Options
Discussion:
The hours for City Hall have been 8:00am to 5:00pm for as long as anyone
working here can recall. Employees with standard 40-hour workweeks at
City Hall work (5) 8-hours days, with a 1-hour (unpaid) lunch break. I am
requesting that the Council consider revising the hours for City Hall to
8:00am to 4:30pm, under which employees would reduce their lunch
breaks to 30 minutes. Nearly all of the City Hall employees consulted
expressed their support for the change. This would coincide with the hours
at the Rice County Government Services building.
Without taking the impacts of the COVID-19 pandemic into consideration,
we have seen increased usage over the past several years of electronic
means by customers to conduct business with City Hall. This includes
automatic utility bill payments, submittal of applications and supporting
materials digitally, etc. We expect this to expand even further as the on-
line building permit system is fully implemented.
In-person customer traffic in City Hall was tracked for two weeks, from
April 26th to May 7th—the results of the first week are attached, and the
second week’s numbers will be provided at the meeting. For the last hour
of the day, numbers were tracked for each half hour, to specifically see the numbers after 4:30pm.
A second, and somewhat bigger, change that I would request the Council
consider is a trial implementation of “summer hours” for City Hall as well
as potentially some other City facilities/employees. While there are multiple options, what I would be referring to as “summer hours” would be
a change from (5) 8-hour days to (4) 9-hour days (Monday through
Thursday) and a 4-hour day on Friday. I feel it is important to continue to
have City Staff available Monday through Friday (as opposed to (4) 10-
hour days, which some cities use).
3.
Although we may not have sufficient time to get issues resolved to put this
into effect at the beginning of this summer, I would propose that the hours
would typically go into effect the Monday following Memorial Day and end
on the last Friday in August.
IT staff checked the phone logs for the two general numbers at City Hall
(334-2222 and 334-0100) to see how many phone calls (outside) were
received between noon and 5:00pm—this was done for three consecutive
Fridays in April, with results as follows:
Date 2nd Floor 3rd Floor
4/9 8 calls 4 calls
4/16 4 calls 2 calls
4/23 8 calls 3 calls
Totals 20 calls 9 calls
If the Council is supportive of this trial, there will likely be some changes
or revisions to labor agreements and possibly the personnel policies, those
actions will be identified and brought back to the Council for approval. We
would also get changes in the schedules finalized and publicize them via
multiple avenues.
Attachments:
• City Hall In-Person Customer Tracking Summary
FARIBAULT CITY HALL
Customer Traffic (In-Person)
4/26/2021 4/27/2021 4/28/2021 4/29/2021 4/30/2021
Time Monday Tuesday Wednesday Thursday Friday
Lower Level - Building Codes
8:00-9:00 2
9:00-10:00 2 1
10:00-11:00 1 1 1 2 2
11:00-12:00 2
12:00-1:00 1
1:00-2:00 2
2:00-3:00 1
3:00-4:00
4:00-4:30 Average
4:30-5:00 0.40 /hour
Totals 4 3 5 4 2 18 Total for Week
2nd Floor - Administration & Finance
8:00-9:00
9:00-10:00 1 1
10:00-11:00 1 1 1
11:00-12:00 1 2 3
12:00-1:00 1 2 2
1:00-2:00 3 2 1
2:00-3:00 5 1 2 2
3:00-4:00 2 1
4:00-4:30 3 1 Average
4:30-5:00 1 1 0.91 /hour
Totals 17 4 4 9 7 41 Total for Week
Watermain break service disruption
3rd Floor - Community & Economic Development
8:00-9:00
9:00-10:00 1 1 1 1
10:00-11:00 1 1
11:00-12:00 2 1 1
12:00-1:00 1 1
1:00-2:00 1 1 1
2:00-3:00 1 1 1 2 1
3:00-4:00 2 3 1 2 1
4:00-4:30 1 1 Average
4:30-5:00 1 1 0.76 /hour
Totals 11 8 3 6 6 34 Total for Week
2.07 /hour
93 Total for Week
FARIBAULT CITY HALL
Customer Traffic (In‐Person)
5/3/2021 5/4/2021 5/5/2021 5/6/2021 5/7/2021
Time Monday Tuesday Wednesday Thursday Friday
Lower Level ‐ Building Codes
8:00‐9:00 1
9:00‐10:00 1 1 1
10:00‐11:00 2 1 2
11:00‐12:00 1 1
12:00‐1:00 1
1:00‐2:00 1 1 1
2:00‐3:00 1 2 3
3:00‐4:00
4:00‐4:30 Average
4:30‐5:00 0.47 /hour
Totals 21567 21Total for Week
2nd Floor ‐ Administration & Finance
8:00‐9:00 2111
9:00‐10:00 1 1
10:00‐11:00 4 2 1
11:00‐12:00 11241
12:00‐1:00 2 1 2
1:00‐2:00 2 1 7
2:00‐3:00 21532
3:00‐4:00 54514
4:00‐4:30 1121 Average
4:30‐5:00 1 2 1 1.76 /hour
Totals 19 13 26 11 10 79 Total for Week
3rd Floor ‐ Community & Economic Development
8:00‐9:00 1 4 2
9:00‐10:00 2 3 1
10:00‐11:00 3 2 1
11:00‐12:00 2 2
12:00‐1:00 1
1:00‐2:00 4 1 2
2:00‐3:00 3 5 3 4
3:00‐4:00 42333
4:00‐4:30 1 1 2 Average
4:30‐5:00 1 1.47 /hour
Totals 19 15 11 11 10 66 Total for Week
3.69 /hour
166 Total for Week
Page 1 of 2
PARKS AND RECREATION COMMISSION POLICY # 7
SUBJECT: Naming Parks and Recreation Sites
POLICY:
The naming of sites within the Saint Paul Parks and Recreation system shall be based on specific
criteria and for a specific purpose. Saint Paul park sites include, but are not limited to parks,
facilities, recreation centers, trails, open space, tot-lots, park roads, parkways, tennis courts, playing
fields, gymnasiums, swimming pools and beaches, picnic grounds, and special feature facilities, such
as the zoo, conservatory, or nature interpretive centers.
The following criteria and purposes shall be considered when selecting a name for a park site:
Geographic names shall be based on adjacent street names, surrounding neighborhood or community
name, or the name of other prominent nearby features, such as a water body. The purpose for using a
geographic name for a park site is to enable the public to identify the site’s location.
Historic names shall be based on prominent historic people or events associated with the site’s
general area. Care shall be taken that historic name’s reflect the City’s multi-cultural diversity and
traditions. The purpose of using a historic name for a park site is to enable the public to identify the
site’s location and to educate the public about the site’s history.
Functional names shall be based on the use, service or programs provided at the site. The purpose of
using a functional name for a park site is to enable the public to identify the purpose, services, or
programs provided at the site.
Memorial names shall be based on names of an individual who made significant contributions to the
Saint Paul Parks and Recreation system and who have been deceased for at least three years. Since
the purpose of using an individual’s name for a park site is primarily to honor that person and his or
her contribution to the parks’ system, consideration shall be given to alternative geographic, historic,
or functional names, so that the park site name shall serve the greatest need of the general public.
The procedure for requesting the naming of a park site shall be as follows:
Any Saint Paul resident, organization, agency, or business may recommend names for new park sites
or name changes for existing park sites. Such requests shall be made in writing to the Director of
Parks and Recreation. The Director shall forward the request and the staff recommendation to the
Parks and Recreation Commission for its review and comment. Parks which have had another name
for at least 50 years shall also be submitted by the Parks and Recreation Commission to the St. Paul
Historic Preservation Commission, for its review and comment before renaming.
The Parks and Recreation Commission shall present its recommendation to the Mayor and City
Council for final action.
* * * * * * * * * * * * * * * * * *
Page 2 of 2
POLICY TYPE:
_____ GOVERNANCE PROCESS
_____ COMMISSION RELATIONSHIPS
DATE APPROVED: September 11, 1991
DATE UPDATED: March 14, 2012
FURTHER ACTION TO BE TAKEN
_____ NO _____RESOLUTION/ORDINANCE
LEGAL REFERENCE AND DATE OF FINAL ACTION: September 11, 1991
TRANSMIT TO: Mayor, City Council, Commissioners, Department Managers
Minneapolis
Current park naming policy: “The MPRB is seeking serious ideas for a permanent name for this new park. Below is the MPRB Naming Policy and a link to submit ideas online. 1. Park sites, centers, shelters or other special facilities may have a geographic or historic name appropriate to the park or building site. 2. Park sites, centers and special facilities may also be given a name which depicts their function. 3. Park sites, centers, shelters or other special facilities may also be named after an individual whom the Board has determined to have made a substantial contribution to the Minneapolis Park and Recreation Board. 4. Park sites, centers, shelters or special facilities may also be named after an individual at the local, state, national or international level who, in the Board’s judgment, put forth significant effort or substantially promoted causes which furthered the goals and objectives which the Board has for the Minneapolis Park System. 5. Naming after any individual may not take place until at least two years after the person’s name has been nominated in writing.”
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 1 of 9
BOARD OF REGENTS POLICY:
Namings and Renamings
SECTION I. SCOPE. The policy governs the namings, renamings, and retention of namings of significant University of Minnesota (University) assets, including: (a) honorary namings (Section IV); (b) namings associated with gifts or sponsorships (Section V); (c) other namings (Section VI); (d) renamings and revocation of namings (Section VII); and (e) the retention of namings (Section VIII).
SECTION II. GUIDING PRINCIPLES. The following principles shall guide the namings, renamings, and retention of namings of significant University assets: (a) Community and belonging - The University is committed to fostering a welcoming community that values accessibility, equity, diversity, and dignity in people and ideas as stated in Board of Regents Policy: Equity, Diversity, Equal Opportunity, and Affirmative Action. (b) Preservation - The University acknowledges the full, living history that formed it. Before a decision is made to name, rename, revoke, or retain a naming, care shall be taken that the process includes broad conversation; does not erase historical moments, persons or places; and makes room for voices held silent in the past. (c) Exceptionality - The naming, renaming, revocation, or retention of a naming to honor an individual or non-University entity’s contribution to the University is a serious matter and should be undertaken with great care; exemplify the University’s mission, guiding principles, and standards for integrity as defined by Board of Regents Policy: Mission Statement and Board of Regents Policy: Code of Conduct; advance the evolving landscape of University history and achievement, and consider the impact to University history. (d) Deliberation - Each request for consideration of a naming, renaming, revocation, or retention of a naming shall be considered on its own through a careful, informed, inclusive, and deliberative approach that reflects the University’s consultative and collaborative decision-making process; ensures the proper review and approval of all naming proposals; and preserves confidentiality consistent with applicable law.
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 2 of 9
(e) Change - Change across the University occurs continuously and the understanding and interpretation of campus history can also change over time. Consistent with the University’s mission and guiding principles as defined by the Board of Regents (Board), the University benefits from examining its own long-standing history and traditions and will consider questions raised about namings granted by this policy.
SECTION III. DEFINITIONS.
Subd. 1. Significant University Assets.
Significant University assets shall mean tangible or intangible resources of the University that are of significant prominence or visibility. Assets include but are not limited to the following: colleges and schools; University-level academic programs, centers, and institutes; and buildings, significant portions of buildings, grounds, physical structures, streets, and areas.
Subd. 2. Donor. Donor shall mean a person or entity transferring money or other property to the University or one of its recognized foundations in connection with a naming, whether or not the donor is the subject of the naming.
Subd. 3. Gift.
Gift shall mean a transfer of, or promise to transfer, money or other property to the University without reciprocal benefit to the donor.
Subd. 4. Sponsor.
Sponsor shall mean a person or entity entering into a sponsorship.
Subd. 5. Sponsorship. Sponsorship shall mean a contract involving the provision of funds or other support with the expectation of returned benefits, public acknowledgement, or promotional opportunity.
Subd. 6. Street. Street shall mean any private road or driveway as defined in the Regents of the University of Minnesota
Traffic Regulations Ordinances.
SECTION IV. HONORARY NAMINGS Significant University assets may be named in honor of an individual or a non-University entity to recognize service, dedication, or meritorious contributions to the institution when the naming is not associated with a gift or sponsorship. Honorary namings shall remain for a duration of 75 years, unless retained as described in Section VIII of this policy.
Subd. 1. Naming of Colleges, Schools, and University-Level Academic Programs. These assets may be named in honor of an individual or non-University entity. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the honorary naming of these assets. (b) Management. The Senate All-University Honors Committee (Honors Committee) manages the process and submits recommendations to the president, who makes recommendations to the Board. Review procedures and criteria that align with Section II of this policy shall be maintained by the Honors Committee and approved by the president.
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 3 of 9
Subd. 2. Naming of Departmental Chairs. A departmental chair may carry an honorary naming. (a) Approval. The president or delegate approves this naming, with concurrence of departmental chairs. (b) Management. The relevant unit manages this naming process.
Subd. 3. Naming of Buildings and Other Significant University Assets. Buildings and other significant University assets may be named in honor of an individual or non-University entity. A building may not be named for a current University employee. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the honorary naming of buildings and other significant University assets. (b) Management. The Honors Committee manages the process and submits recommendations to the president, who makes recommendations to the Board. Review procedures and criteria that align with Section II of this policy shall be maintained by the Honors Committee and approved by the president.
Subd. 4. Naming of Significant University Assets for Regents or Regents Emeriti. Significant University assets may not be named in honor of current or former members of the Board except as provided in Section V of this policy. Such gift related namings may not include the title “Regent” or “Regent Emeritus.”
Subd. 5. Naming of Buildings for Past Presidents. The University may name buildings for past presidents. Consideration of a naming may not take place while a past president is employed by the University. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of buildings for past presidents. (b) Management. The chair of the Board convenes a committee with representatives from the Board, the Faculty Consultative Committee, and the Honors Committee to develop a recommendation. This recommendation shall be forwarded to the Honors Committee for information prior to submission to the Board for final action.
Subd. 6. Naming of Separate Building Parts. Separate building parts that are not significant University assets may be named in honor of an individual or a non-University entity. An independent committee of the relevant academic or administrative leadership and building occupants shall manage and approve the namings.
SECTION V. NAMINGS ASSOCIATED WITH GIFTS OR SPONSORSHIPS. University assets may be named for individuals or non-University entities to recognize significant gifts or as part of a sponsorship. Namings associated with gifts or sponsorships shall remain for the useful life of the physical campus feature or academic endeavor, unless otherwise negotiated under contract, and subject to Board approval. Colleges, schools, academic programs, centers, or institutes are not usually named for commercial entities; if the name of a commercial entity is to be considered, Board approval is required.
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 4 of 9
Subd. 1. Naming of Endowed Chairs, Professorships, Faculty Fellowships, and Other Positions. The University seeks and welcomes private financial support for endowed chairs, professorships, faculty fellowships, and other positions that provide scholars or other leaders a continuous and reliable source of support to pursue their teaching, research, outreach, or other relevant activities. Awards established in these categories shall typically carry the name of the donor, of a person or institution designated by the donor, or of a person in whose name the University seeks funds to endow the award. (a) Approval. The president or delegate approves the naming of a chair, professorship, faculty fellowship, or other position. (b) Management. The relevant college, unit, or department establishes and manages the process for chairs, professorships, faculty fellowships, and other positions. Proposals to establish one of these institutional awards shall specify the conditions of the naming, the activities to be supported by the gift or sponsorship, and the amount of the endowment or the annual level of funding. (c) Candidates. The University shall have sole authority to appoint the holders of endowed chairs, professorships, faculty fellowships, and other positions. (d) Provisions. (1) Restrictions on the Use of Title. Chairs, professorships, faculty fellowships, and other positions shall not include such terms as University, distinguished, or the title Regents
Professor. These titles are conferred only by the Board. (2) Level of Endowment. (i) Endowment for Chairs. A chair may be established when $2 million or more has been placed in an endowment that provides in perpetuity the annual funds needed for support of the chair. Alternatively, a chair may be established if a minimum of $200,000 per year for 10 years is provided by the donor to spend for the chair’s designated purpose. (ii) Endowment for Professorships. A professorship may be established when $1 million or more has been placed in a permanent endowment. Alternatively, a professorship may be established when a minimum of $100,000 per year for 10 years is provided by the donor to spend for the professorship’s designated purpose. (iii) Endowment for Faculty Fellowships. A faculty fellowship may be established when $500,000 or more has been placed in a permanent endowment for the faculty fellowship. Alternatively, a faculty fellowship may be established when a minimum of $50,000 per year for 10 years is provided by the donor to spend for the faculty fellowship’s designated purpose. (iv) Other Named Positions. Other named positions may be established from time to time through endowed gifts or minimum annual funding levels as determined by the University.
Subd. 2. Naming of Colleges, Schools, Buildings, and Other Significant University Assets. These assets may be named to recognize gifts or as part of a sponsorship. No commitment regarding namings associated with gifts or sponsorships shall be made to the donor or sponsor prior to the applicable University review and approval. (a) Consultation. Prior to entering into substantive discussions or making an oral or written commitment regarding a naming to a donor or sponsor, any individual acting on behalf of the University or a recognized University foundation shall (1) inform the donor or sponsor of this policy; (2) consult with the president to determine whether the naming opportunity requires the review and approval process outlined below; and (3) consult with the recognized University
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 5 of 9
foundations as appropriate to determine whether the proposed naming meets the guidelines of the recognized University foundations. (b) Review. A naming committee, with two representatives from the Honors Committee, representatives from the recognized University foundations, and relevant academic and administrative officers, shall review naming proposals and submit recommendations to the president. The president recommends namings to the Board. (c) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of colleges, schools, buildings, and other significant University assets. (d) Management. For gifts, the recognized University foundations shall maintain guidelines to implement this policy in order to ensure consistency in the size of gifts relative to the significance of the asset being named. For sponsorships, the president or delegate shall ensure the consistency of the size of the sponsorship agreement relative to the overall significance of the asset to be named.
Subd. 3. Other Namings Associated with Gifts or Sponsorships. University assets not covered by the definition in Section III., Subd. 1., may be named to recognize gifts or as part of a sponsorship, including but are not limited to the following: scholarships, fellowships, lecture series, or other named awards that may be established on occasion from endowments or annual minimum award amounts. (a) Approval. The president or delegate shall approve the naming of these assets. (b) Management. Recognized University foundations shall manage the process for the naming of these assets and maintain guidelines and criteria for these namings.
SECTION VI. OTHER NAMINGS. This section shall govern the naming of significant University assets when the name is not in honor of an individual or non-University entity and the naming is not associated with a gift or sponsorship.
Subd. 1. Naming of Colleges and Schools. A college or school may be named to reflect the relevant academic discipline. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of colleges and schools. (b) Management. The president or delegate makes recommendations to the Board.
Subd. 2. Naming of Buildings, Significant Portions of Buildings, Grounds, Physical Structures, Areas, or Streets. These assets may be named to describe the academic or administrative purpose of the asset or to reflect a symbolic meaning appropriate for the asset. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of buildings, significant portions of buildings, grounds, physical structures, areas, or streets. (b) Management. The Honors Committee manages the process for the naming of buildings, significant portions or buildings, grounds, physical structures, areas, or streets and submits recommendations to the president. The president recommends namings to the Board. (c) Working Titles. The president or delegate may provide a working title for buildings, significant portions of buildings, grounds, physical structures, areas, or streets during planning and construction and prior to official naming by the Board.
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 6 of 9
SECTION VII. RENAMINGS AND REVOCATION.
Subd. 1. Authority. The University reserves the right to rename or revoke any naming if for any reason the naming is inconsistent with the University’s mission; jeopardizes the integrity of the University; presents risk or harm to the reputation of the University; or if the intent of a gift or the terms of a sponsorship associated with the naming cannot be fulfilled. For all namings requiring Board approval, the Board reserves to itself authority to rename or revoke a naming, except that the Board delegates authority to the president to revoke a naming granted by the Board under Section V, Subd. 2 of this policy if the intent of the gift or the terms of the sponsorship associated with a naming cannot be fulfilled by the donor or sponsor. Other namings not reserved to the Board may be renamed or revoked by the president or delegate consistent with the approval process for the specific naming as described in this policy.
Subd. 2. Request for Renaming or Revocation. The president shall consider a renaming or revocation of any naming at the request of the Board. The president may also consider a renaming or revocation of any naming in response to a well-considered written request submitted by an individual or at the president’s own initiative. Anonymous proposals shall not be considered. A well-considered written request shall address the factors described in Subd. 4 of this section and:
• the specific behavior of the individual or non-University entity after whom a significant University asset is named that is inconsistent with the University’s mission, jeopardizes the integrity of the University, or presents risk or harm to the reputation of the University;
• the sources and strength of the information of that behavior;
• the nature, depth, and extent of the present and future harm that the continued use of the name may inflict on the University; and
• how renaming comports with the principles described in Section II of this policy. A request to rename or revoke a naming shall include only one significant University asset per request. Upon receipt of a request for a renaming or revocation of a naming, the president may make further inquiries to its submitters before making an initial determination whether the request should proceed. If the request proceeds, the Honors Committee shall examine and research the request.
Subd. 3. Review of Request. A review of a request for renaming or revocation of a naming by the Honors Committee shall be guided by principles described in Section II of this policy and factors described in Subd. 4 of this section. The University, the Honors Committee, and those involved in evaluating a renaming or revocation request, shall adhere to the standards of inquiry and discourse appropriate for an institution of higher education. As a part of the review, the Honors Committee shall invite comments from all interested members of the University community, including those who were impacted by the behavior in question or their heirs and the subject of the naming or their heirs. The Honors Committee should take care that the inquiry itself does not exacerbate the harms that are being considered. Where helpful, the Honors Committee should take full advantage of the expertise of members of the University community. Review procedures shall be maintained by the Honors Committee and approved by the president.
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 7 of 9
Subd. 4. Review Factors for Renaming or Revocation. The Honors Committee shall consider the following factors as a component of their review of a request for renaming or revocation of a naming: (a) Advancement of the University’s mission, guiding principles, and shared history - The Honors Committee should consider the impact of the naming to University history, and whether the current naming exemplifies the highest aspirations of the institution’s mission and guiding principles and advances the evolving landscape of University history and achievement. (b) Impact on the University’s diversity, equity, and inclusion goals - In considering whether to retain or remove a name, the Honors Committee should consider how the advancement of the University’s diversity, equity, and inclusion goals are relevant in these matters. (c) The harm caused by retaining the name, and the harmful impact of the individual’s or non-University entity’s behavior - This factor examines whether the individual’s or non-University entity’s behavior is inconsistent with the University’s mission and guiding principles, jeopardizes the integrity of the University, or presents risk or harm to the reputation of the University. The case for renaming is stronger to the extent that retaining a name creates an environment that impairs the ability of students, faculty, or staff of a particular gender, sexual orientation, race, religion, national origin, or other characteristic protected by federal law or University policy to participate fully and effectively in the University’s mission. (d) Strength and clarity of the historical evidence - The case for renaming is strongest when there is clear and unambiguous documentation of the wrongful behavior by the individual or non-University entity and is weakest when the documentation is scant or ambiguous. The documentation shall also include the totality of an individual’s or the non-University entity’s public and private actions that factor in the affirmation of or against renaming. The president may include other factors for the Honors Committee to consider based on the specific circumstances of the request. The president shall report those additional factors to the Board prior to the submission of the Honors Committee report, as outlined in Subd. 5 of this section.
Subd. 5. Report of the Honors Committee. The Honors Committee shall submit a written report to the president that summarizes the renaming or revocation request, details how the guiding principles and factors were applied to the request and describes the committee’s findings with attribution to the sources relied upon for the findings. The president may ask Honors Committee for additional information and analysis if needed.
Subd. 6. Board Action. The president shall submit the Honors Committee’s report and the president’s recommendation to the Board for action, including plans for contextualization to avoid the potential for erasure and to communicate historical information if renaming or revocation is recommended. The Board may request additional information before acting on the president’s recommendation. If a request for a renaming or revocation is granted by the Board, the Honors Committee shall research and propose a new naming to the president, which promotes broad representation of the University’s history, mission, guiding principles, and achievements. The president shall submit the new naming to the Board for action.
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 8 of 9
SECTION VIII. RETENTION OF HONORARY NAMINGS.
Subd. 1. Consideration of Retention. Honorary namings, as defined by Section IV of this policy, are eligible for indefinite retention when the honorary naming reaches 75 years since it was granted. At the president’s discretion, retention of an honorary naming may be considered three years before the naming’s 75th year. The president shall consider the retention of an honorary naming at the request of the Board. The president may also consider the retention of an honorary naming in response to a well-considered written request submitted by an individual or at the president’s own initiative. Anonymous proposals shall not be considered. A well-considered written request shall be guided by principles described in Section II of this policy and factors described in Subd. 3 of this section. A request to retain an honorary naming shall include only one significant University asset per request.
Subd. 2. Retention Review. A review of a request for a retention of an honorary naming by the Honors Committee shall be guided by principles described in Section II of this policy and factors described in Subd. 3 of this section. For non-retained namings, the president shall request the Honors Committee to research and propose a new naming to the president, which promotes broad representation of the University’s history, mission, guiding principles, and achievements in alignment with Sections II and IV of this policy. Approval of the new naming shall follow the process for that type of naming as defined by Section IV of this policy. The University, the Honors Committee, and those involved in evaluating a retention request, shall adhere to the standards of inquiry and discourse appropriate for an institution of higher education. As a part of the review, the Honors Committee shall invite comments from all interested members of the University community. Where helpful, the Honors Committee should take full advantage of the expertise of members of the University community.
Subd. 3. Review Factor for Retention. The Honors Committee shall consider the following factor as a component of their review for the retention of an honorary naming: (a) Extraordinary impact on the University’s past, present, and future - The Honors Committee shall consider whether the honorary naming is so extraordinary that it should be sustained indefinitely beyond its 75th year. The Honors Committee shall consider if retention of the name serves as an exemplar of the University’s past, present, and future and the highest aspiration of the institution’s mission and guiding principles, including the University’s diversity, equity, and inclusion goals, and the evolving landscape of University history and achievement, that it should be sustained indefinitely beyond its 75th year. The president may include other factors for the Honors Committee to consider based on the specific circumstances of the request. The president shall report those additional factors to the Board prior to the submission of the Honors Committee report, as outlined in Subd. 4 of this section.
Subd. 4. Report of the Committee. The Honors Committee shall submit a written report to the president that summarizes the retention review, details how the guiding principles and factors were applied to the review, and describes the Honors Committee’s findings with attribution to the sources relied upon for the findings. The president may ask Honors Committee for additional information and analysis if needed.
Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 9 of 9
Subd. 5. Board or Presidential Action. For those honorary namings that require the Board approval, the president shall submit the Honors Committee’s report and the president’s recommendation to the Board for action. The president’s recommendation shall include plans for contextualization to avoid the potential for erasure and to communicate historical information if the naming is not retained. The Board may request additional information before acting on the president’s recommendation. For those honorary namings that do not require Board approval, the president shall act on the Honors Committee report.
Subd. 6. Renaming or Revocation of an Indefinitely Retained Naming. For honorary namings indefinitely retained, the University reserves the right to rename or revoke any such naming if for any reason the naming is inconsistent with the University’s mission; jeopardizes the integrity of the University; or presents risk or harm to the reputation of the University, consistent with Section VII of this policy.
SECTION IX. IMPLEMENTATION.
Subd. 1. Legal Review. All gift agreements or contracts involving a naming are subject to this policy and must be reviewed by the Office of the General Counsel prior to approval.
Subd. 2. Administration. The president or delegate shall establish and maintain administrative policies and procedures to implement this policy.
Subd. 3. Coordination. The University shall ensure coordination in the following ways: (1) with the goals and priorities of the Systemwide Strategic Plan; (2) between the institution and recognized University foundations; and (3) between the fundraising and academic units in order to maintain alignment of institutional and development priorities and compliance with University policies and procedures.
REVISION HISTORY Adopted: June 11, 2010 Amended: December 11, 2015; February 11, 2022 Last Comprehensive Review: 2022
Date: January 24, 2023 Agenda Item #: VII.C.
To:Human Rights and Relations Commission Item Type:
Other
From:Heidi Lee, Race & Equity Manager
Item Activity:
Subject:Draft Advisory Communication Discussion, Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
Commissioner Segall will introduce the draft advisory communication and receive comments from the HRRC on
its contents.
ATTACHMENTS:
Description
Draft Advisory Communication
DRAFT Advisory Communication
Date: January 24, 2023
To: Mayor and City Council
From:Human Rights and Relations Commission
Subject: Stopping the Use of the term “Cake Eater”
Action Requested:
City Council engages with the Edina Sports Boosters, Edina Sports Associations and
other relevant community organizations to raise awareness of the negative implications
of using the term “cake-eater” and requests that they cease using the term. Promoting
a term that celebrates wealth and privilege is problematic for a community that is
striving to be welcoming and inclusive.
Background:
During the recent Edina Human Rights and Relations Commission’s “How to Stop the
Hate” event, one of the program’s speakers, Yusef Davis, St. Paul Como Park Senior
High School Restorative Practices Coordinator, implored the City of Edina to take action
to stop the use of the term “cake-eater” in Edina community events.
Davis described his experience bringing a basketball team of economically
disadvantaged nine-year old boys from the east side of St. Paul to the Edina Boys
“Cake Eater Classic.”
The boys asked Davis to explain why Edina used the word “cake-eater.” Davis found it
difficult to tell his team he believed the term celebrated the wealth and advantages of
the Edina boys. He was disturbed by the experience and publicly asked “Mayor Jim” to
take action to retire that old and offensive label if Edina was serious about working to
stop hate and wanted to become a welcoming, inclusive community.
The Urban Dictionary, a popular online resource, explains that “[A] cake eater actually
refers to Edina, MN, saying the people in it are so rich they can have their cake and eat
it too. It could also refer to rich white suburban kids in general, too. And BTW- Mighty
Ducks was filmed in Minnesota, so he's probably literally calling that kid a cake-
eater from Edina.”1
Similarly, another online resource for Minnesota hockey teams describes “The Cake
Eaters' unusual nickname has a good bit of history behind it. As one of the wealthier
cities in the Twin Cities metropolitan area, Edina's citizens have garnered a reputation
as being stuck-up and out-of-touch rich people. Because of this, Twin Cities area
residents outside Edina have referred to its residents as "cake eaters" for several
decades (referring to the quote "Let them eat cake" attributed to Queen Marie
1 https://www.urbandictionary.com/define.php?term=cake%20eater
Antoinette in the days leading up to the French Revolution). Though originally a
derogatory term, Edina's team has embraced it for their own name, knowing that's what
the visiting fans would call them anyway.”2
Continuing to embrace the cake-eater as an Edina symbol perpetuates the off-putting image
of Edina as a place where residents believe that being wealthy makes one better than
others. It is concerning that the Edina Hockey Association and the Edina Boys Basketball
Association continue to hold annual “Cake Eaters Classic” tournaments. The Edina
Education Fund also holds an annual “Cake-Off” (Community Action for Kids Education)
fundraising event. The Commission believes that it is important to re-brand these events
to reflect a more inclusive, welcoming theme.
City Goals:
As emphasized in the Race and Equity Plan, the City of Edina is committed to being a
welcoming and inclusive city.3
Edina’s Comprehensive Plan also highlights “[I]t is a guide for making the right choices
to shape Edina’s collective potential future growth, to protect what Edina values, and to
create and even more attractive, sustainable, and welcoming Edina.”4
Assessment:
To advance Edina’s stated goals of becoming welcoming and inclusive, it is necessary
to retire the dated and uninviting “cake-eater” label.
Recommendation:
The City should pass the following resolution and take the following action:
Whereas the City of Edina is committed to being a welcoming and inclusive city; and
Whereas we welcome individuals to Edina regardless of race, color, creed, religion,
national origin, immigration status, gender identify, marital status, age, disability,
economic status, sexual orientation, familial status or cultural background;
Therefore, Be It Resolved that the City of Edina requests that Edina community
organizations cease using the term “cake-eater” to name or promote events.
2 https://mahlhockey.fandom.com/wiki/Edina_Cake_Eaters#:~:text=%2C%206%2D4.-,Why%20%22Cake
%20Eaters%22%3F,%2Dof%2Dtouch%20rich%20people
3 https://www.edinamn.gov/1379/Race-Equity
4 https://www.edinamn.gov/DocumentCenter/View/8100/000b-Executive-Summary-PDF
Date: January 24, 2023 Agenda Item #: VII.D.
To:Human Rights and Relations Commission Item Type:
Other
From:Heidi Lee, Race & Equity Manager
Item Activity:
Subject:Land Acknowledgement Update Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
Staff Liaison Lee will provide a historical overview of previous land acknowledgment efforts in Edina and an
update on current efforts throughout the country.
Date: January 24, 2023 Agenda Item #: VII.E.
To:Human Rights and Relations Commission Item Type:
Other
From:Heidi Lee, Race & Equity Manager
Item Activity:
Subject:Annual Process - Voting on Chair and Vice Chair Discussion, Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
Every year, the HRRC elects a chair and vice chair. At the January meeting, Staff Liaison Lee will provide an
overview of the process and requirements. At the February meeting, the HRRC will vote on these positions.