While staying at homeless shelters, Tore Simonsen attempted to solicit support to save the television show Dollhouse on property operated by Catholic Charities. Catholic Charities told Tore Simonsen he could not distribute flyers while on the property or take photographs without prior consent. While at Branch 3 of Catholic Charities,[B] Tore Simonsen was also attempting to take pictures of people playing Madden 2010 on a Playstation 3 for use on his blog.[/B] Tore Simonsen sought an injunction of these denials. An order curtailing the freedom of the press was issued. A subsequent lawsuit was initiated. The legal case proceded before Judge Bruce Peterson. The legal documents can be obtained online under the Legal Action against Catholic Charities Page.

The plaintiff argued that Catholic Charities invades privacy by video taping everything at the shelter. The plaintiff also assert there is a first amendment right to engage in solicitation and free speech as a homeless resident at Hennepin County secure area. The fact that it is a charity and not the state should not make a huge difference. Plaintiff maintained that fundamental rights cannot be outsourced by transferring the administration of programs to charitable organizations. Allowing charities to eviscerate the first amendment would effectively create a “charitable” curtain, isolating members of the homeless community and impairing their ability to communicate with the outside world. Disallowing photographs/media in this environment would also fundamentally impair legitimate news gathering activities.

In support of plaintiff's position that state action existed, Minneapolis Mayor R.T. Rybak noted, ““What we did with that was we coordinated all these services together and put a phenomenal person named Cathy Ten Broeke in charge of all that laid out a multi-point program that one by one by one we’ve been executing.”

The legal decision as well other relevant legal docments and videos can be found online at:

[url]http://toresimonsen.wordpress.com/2010/10/14/case-dismissed/[/url]

Despite this, the judge dismissed the lawsuit without much consideration of the freedom of the press claim.