In Conwell v. City of Benson, Minnesota, (D MN, Aug. 14, 2026), a Minnesota federal district court denied a motion for a temporary restraining order filed by an anti-abortion preacher who was cited for trespass by police after he insisted on evangelizing at a privately-run farmer's market held on city property without registering as a vendor and paying a vendor's fee. The court held that there was insufficient state involvement to support a claim under 42 USC §1983, saying in part:
... Conwell was initially approached by a volunteer working for the Market. Then, he was approached and cited by city police working in their official capacity.
The Court finds that Conwell is unable to show a likelihood of success on these facts. Neither the City nor the police were involved in the creation of the Market’s vendor rules. The police did not plan to enforce these rules by providing routine security.... The police merely responded to a call from a private citizen who volunteered at the Market. Had Conwell ... followed the volunteer’s instruction, there would be no police involvement. Conwell cannot manufacture a § 1983 claim by refusing to follow the Market’s rules, necessitating the involvement of police.
Without a strong showing on the merits, the extraordinary measure of a preliminary injunction is inappropriate....
