State v. Hoyt, 50889.
| Citation | 304 NW 2d 884 |
| Decision Date | 24 April 1981 |
| Docket Number | No. 50889.,50889. |
| Parties | STATE of Minnesota, Respondent, v. Jane Douglass HOYT, Appellant. |
| Court | Supreme Court of Minnesota (US) |
Robins, Davis & Lyons and Terry Wade, St. Paul, for appellant.
Robert Alfton, City Atty., Edward A. Backstrom, III, Asst. City Atty., Minneapolis, for respondent.
K. Craig Wildfang, Minneapolis, for Minn. Ass'n of Health Care Facilities.
Briggs & Morgan, Leonard J. Keyes and John R. Kenefick, St. Paul, for St. Mary's Rehabilitation Center, amicus curiae.
Toby S. Edelman, National Senior Citizens Center, Washington, D.C., amicus curiae.
Laurie N. Davison, Legal Aid Society of Minneapolis, Minneapolis, for National Citizen's Coalition for Nursing Home Reform, amicus curiae.
Linda M. Ojala, Minneapolis, for Minnesota Civil Liberties Union, amicus curiae.
Heard, considered and decided by the court en banc.
Defendant appeals from an order of a Hennepin County District Court appellate panel affirming her conviction of trespass upon the premises of St. Mary's Rehabilitation Center.1 Minn.Stat. § 609.605(5) (1980).
Prior to trial an evidentiary hearing was held to determine the admissibility of defendant's proffered testimony as to her defense of claim of right. Defendant made an offer of proof and the trial court ruled the testimony of 21 witnesses inadmissible in total; the testimony of 3 witnesses, including defendant, partially inadmissible; and the testimony of one witness admissible. Following the trial court's ruling on the evidentiary issues, defendant waived trial by jury specifically reserving, through stipulation with the prosecution, all issues for appeal.2
On July 3, 1979, the prosecution case was submitted to the court on stipulated facts and the limited testimony in defendant's offer of proof which the court held admissible. Based on the stipulation and such testimony, the trial court found defendant guilty and sentenced her to 30 days in the Hennepin County Adult Corrections Facility. The court stayed the sentence for 1 year on condition that defendant not re-enter St. Mary's Rehabilitation Center. An appeal was taken to the district court where the conviction was affirmed.
Sharon Siebert is a brain-damaged resident of St. Mary's Skilled Nursing Home. In April 1977, when defendant, who is not related to Ms. Siebert, first began visiting her, the latter was in a vegetative or semivegetative state, unable to speak, to take food orally, or to respond to stimuli to any significant sense. For approximately 22 months, commencing on April 3, 1977 and continuing until her arrest for trespass, defendant visited Ms. Siebert almost daily and worked with her to improve — at least in defendant's mind — Ms. Siebert's care and condition. During that time defendant made many complaints to many persons in and out of the facility and to agencies overseeing skilled nursing facilities concerning the care provided to Ms. Siebert. In October 1977, defendant petitioned to be appointed guardian of the person of Ms. Siebert. About the same time, Siebert's parents, Earl and Julie Bigalke, petitioned for the appointment of themselves as co-guardians of the person and estate of Sharon. By order dated November 8, 1977, the probate court granted the petition of the Bigalkes. An appeal of the probate court order was taken to a district court appellate panel where the probate court action was affirmed. A petition was filed for a discretionary appeal to the supreme court; that petition was denied.
St. Mary's Skilled Nursing Home is licensed by the state as a skilled nursing facility which is defined by the state as one providing care ordered by physicians and delivered by licensed nursing personnel 24 hours a day, 7 days a week. Minn.Stat. § 144.50 (1980). The facility is subject to licensing, inspections and regulations by both the state and federal governments. The funds to operate the home come predominantly from private sources; very little state or federal funding is received.
Most of the residents of the skilled nursing home are essentially restricted to the facility due to physical and mental infirmities. The facility provides basically all of the residents' needs including meals, linen, personal care items, recreation, educational programs, religious facilities and all medical services. A substantial number of the residents are bedridden and few leave the facility for social or other purposes.
The stipulated facts presented to the trial court are substantially these:
On February 1, 1979, defendant received a letter from Terrence J. Brenny, administrator of St. Mary's Rehabilitation Center. The letter stated:
In view of the Center\'s obligation to preserve a tranquil atmosphere for patient care and employee morale, you are advised that your privilege to enter the premises of St. Mary\'s Rehabilitation Center has been revoked. Any future entry for any purpose will be considered a trespass and will be dealt with accordingly.
On February 27, 1979, defendant entered the premises of St. Mary's Rehabilitation Center, refused to leave voluntarily although requested to do so by several persons including a police officer, and was arrested for criminal trespass to property pursuant to Minn.Stat. § 609.605(5) (1980). The statute provides in relevant part:
(Emphasis added.)
Defendant also concedes that she was not at the time of her arrest acting as a representative of any group or organization and that she was on the premises for the sole purpose of visiting Sharon Siebert, a resident of the Skilled Nursing Home.
Before Mr. Brenny sent his letter barring defendant from the premises of St. Mary's Rehabilitation Center, he discussed the matter with Dr. Salchert, the medical director of the Skilled Nursing Home, Dr. Hedrick, Sharon's attending physician, and with the parent-guardians, Mr. and Mrs. Bigalke, all of whom, at the least, acquiesced in the proposed action.3 There is nothing in the record to indicate that defendant was informed that Dr. Salchert, Dr. Hedrick or the parent-guardians had any part in Mr. Brenny's action.
Defendant asserts that she had a claim of right as contained in the trespass statute to enter St. Mary's Rehabilitation Center. Her assertion is based on three grounds:
(1) The first and fourteenth amendments to the United States Constitution;
(2) Standard: Patients' Rights, 42 C.F.R. § 405.1121(k) (1980) and Patients and Residents of Health Care Facilities; Bill of Rights, Minn.Stat. § 144.651 (1980).
(3) A bona fide claim of right in that she believed she had a right to enter St. Mary's and that she had reasonable grounds for such belief.
The state concedes that if defendant had either a constitutional or statutory right to be on the premises, the trespass statute is inapplicable.
Although St. Mary's Rehabilitation Center is privately owned, it is defendant's position that her first amendment rights of speech and association cannot be abridged by the facility because it is the functional equivalent of an ordinary town under Marsh v. Alabama, 326 U.S. 501, 66 S.Ct. 276, 90 L.Ed. 265 (1946). In Marsh, a Jehovah's Witness was arrested and convicted under a state trespass statute while distributing religious literature on the streets of a business district located in a company owned town. The town and business district were open and freely accessible to the public in general. The Court noted that although privately owned, the town had the earmarks of an ordinary municipality and functioned no differently than any other town. In reversing the trespass conviction, the Supreme Court held that the company could not curtail the exercise of first amendment rights on its property just as it would be improper for a municipality to do so.
We are aware that one court to date has held that a privately-owned nursing home is the "functional equivalent" of a town and therefore subject to first amendment proscriptions. Teitelbaum v. Sorenson, Civ. No. 79-199 PHX WEC (D.Ariz. July 3, 1979) (), judgment entered, (D.Ariz. August 6, 1979) (granting permanent injunction), appeal docketed, No. 793530 (9th Cir. August 30, 1979). We do not decide constitutional questions except when necessary to do so in order to dispose of the case at bar. State v. North Star Research & Development Institute, 294 Minn. 56, 81, 200 N.W.2d 410, 425 (1972); Minnesota Baptist Convention v. Pillsbury Academy, 246 Minn. 46, 62, 74 N.W.2d 286, 296 (1955). Because we reverse the conviction on other grounds, we deem it unnecessary to reach the constitutional claim herein presented.
Defendant asks us to hold that she had the authority to enforce the rights granted to Ms. Siebert by Standard: Patients' Rights, 42 C.F.R. § 405.1121(k) (1980) and Patients and Residents of Health Care Facilities; Bill of Rights, Minn.Stat. § 144.651 (1980). While there may be some argument as to a guardian's authority under the federal regulations because only certain of the listed rights devolve to a guardian, there can be no argument under the statute for it provides "any guardian or conservator of a patient or resident * * * may seek enforcement of these rights on behalf of a patient or resident." Id.
The statute accords certain rights to patients and residents of nursing facilities including facilities such as St. Mary's Skilled Nursing Home, and further provides that the facility may not require a waiver of the rights as a condition of admission to the facility. The express intent of the statute is to "promote the interests and well being of the patients and residents of health care facilities."...
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