Richard Clem Continuing Legal Education
Drive-In Socially Distanced CLE

1.0 Minnesota CLE Credit Applied For: FREE!

Eden Prairie, MN, Saturday, August 15, 2020

Recent Appellate Decisions

This program took place in the past, but it is available as an on-demand audio reply at This link.

Saturday, August 15, 2020, 10:00 AM - 11:05 AM
6440 Flying Cloud Drive
Eden Prairie, MN 55344
Cell phone for directions: 651-285-5474

Why I'm Doing This Drive-In Program

I am a firm believer in the importance of social distancing during the current public health emergency. Therefore, I recognize that most traditional live educational activities cannot be done safely at this time. Even though some indoor gatherings might now be legal, I have personally decided that the risk is too great for me to enter buildings other than my own home. This WebMD article, for example, discusses the possible role that building air conditioning systems might play in the spread of COVID-19. In short, it will probably be a long time before I am comfortable attending a CLE held indoors.

On the other hand, outdoor activities pose little risk. For example, The CDC's recommendation is that "in many areas, people can visit parks, trails, and open spaces as a way to relieve stress, get some fresh air, and stay active." Currently, Minnesota permits outdoor social gatherings of up to 25 persons.

On July 23, I presented what was probably the first live CLE program to have been conducted in the state in four months. I held this event at a city park in Roseville. Even though the program probably could have been done by Zoom, it was good to see some colleagues in person, even if it was from six feet away. It happened to be a beautiful day, but the weather won't always cooperate.

Therefore, I've decided to do a drive-in program. Eden Prairie attorney Gary Gekas graciously volunteered the parking lot of his office building. I will speak from one side of the parking lot, and you will be able to listen on your car radio. If you have questions or comments, you will be able to phone them in.

Since this program is something of an experiment, it will be free of charge. I'm mostly interested in feedback to make the process better.

This Drive-In CLE program will follow Minnesota Department of Health guidelines. All attendees will remain in their car. When you arrive, the spot from which I will be speaking will be prominently marked. Park so that you are able to see the podium, but leave one empty spot between you and the next car.

Registration

This program is free. However, to ensure that we do not have too many participants, you must pre-register. You may do so by sending an e-mail to clem.law@usa.net or by calling me at 612-378-7751. If you decide to attend at the last minute, there will probably be room, but please text me or call me on my cell phone at 651-285-5474.

How to Listen to the Program

When you arrive, tune your car radio to 1610 AM. A continuous loop introduction will be playing. If you are not able to receive the signal, please call me at 651-285-5474 for instructions. It's possible that the parking lot might contain some dead spots where the radio signal is weak. If you have a poor signal, try moving your car to a different spot in the lot.

It's always possible that something will go wrong. Therefore, we will have a backup plan in the unlikely event that the radio signal isn't working. If we are not able to use the radio, I will post a sign directing you to call-in by telephone. If we need to use this backup system, we will use the following phone number:

Dial 1-712-775-8972. When prompted, enter the conference code 127735. Normal long-distance charges (to Iowa) apply for this call.

COVID-19 Preparedness Plan

The following guidelines will apply:

CLE Credit

CLE credit has been applied for as follows:
Minnesota: Live Program, 1.0 credit applied for. Minnesota event code 317899.
Iowa and Wisconsin: CLE credit applied for upon request.
Other States: Eligible for CLE credit in most states. Please contact me regarding credit in other states.

Program Description

Recent Minnesota Decisions.Live lecture presented by Richard Clem. This program will review recent decisions from the Minnesota Supreme Court, and if time permits, other courts from around the region. Topics include search and seizure, statute of limitations, medical assistance, effective assistance of counsel, geographic names, and more. We will also spend a few minutes talking about the legal and regulatory issues surrounding this kind of event.

Course Materials

The course materials will be available prior to the program at the following link:

Frequently Asked Technical Qustions

Why are we using AM and not FM? We're using AM because most FM transmitters on the market are illegal. And if they're legal, they probably don't work very well.

You might have noticed that some groups, such as churches, are using low-power FM transmitters for events in their parking lots. This is probably because of a common belief that FM sounds better. It's true that a good FM signal sounds better than a poor AM signal, but there's nothing inherently better about an FM signal. As you will witness at my CLE, an AM signal can sound very good.

Unfortunately, most of the FM transmitters on the market are probably not legal. Under 47 CFR 15.239, the signal from an unlicensed FM transmitter must have a strength of 250 microvolts/meter, measured from 3 meters away. In plain English, this means that the signal must be extremely weak. In fact, it must be so weak that it probably wouldn't cover a normal parking lot. In addition, 47 CFR 15.201(b) requires that the transmitters go through an FCC certification process. If you look at the eBay ads for FM transmitters, you will note that few of them have FCC certification. Some transmitters have FCC certification, but the listings fail to mention that the certification is for use by a licensed radio station. They are illegal to use without a license. If the transmitter is not causing interference, then, chances are, nobody will get into trouble. But there's always the possibility of interference to FM stations, and more importantly, there's the possibility of interference to aircraft communications, which take place on frequencies very close to the FM band. If the FCC does get involved in these cases, fines in the range of $10,000 are common. For these reasons, I don't use an FM transmitter.

On the other hand, the rules for unlicensed broadcasting in the AM band are much less restrictive. Under 47 CFR 15.219, it is legal to use up to 1/10 watt with an antenna 3 meters long. As long as these parameters are met (and as long as the transmitter has gone through the FCC certification process), then the signal is legal. Unlike the weak signal of a legal FM transmitter, a legal AM transmitter might be heard a half mile away under good conditions. It definitely covers a parking lot with a good quality signal. And you'll be pleasantly surprised at the sound quality.

My transmitter is the InfOspot Talking House AM Radio Transmitter. The transmitter has the proper FCC certification, as can be seen at this link. This means that it is legal, and as you will be able to hear, it puts out an excellent signal. I have a more complete review at my blog.

Why don't we just use cell phones? As noted above, as a backup if something goes wrong, we can use cell phones. But for a live event, there's a problem with latency. If you're talking to someone you can't see, you don't notice that their voice is delayed by a fraction of a second. But cell phone signals are delayed, and when you're watching a person live but their voice is delayed, it can be somewhat annoying. Also, the amount of latency differs from phone to phone. So if you are within earshot of other people listening, this echo effect can be very distracting. With radio, the sound goes from the microphone to your car radio at the speed of light.

Can you help me set up a similar program for my group? Yes. Please contact me after the program, and I'd be happy to consult with you on setting up a successful parking lot program for your group.

About the Speaker

Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 30 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991). You can visit his web pages at RichardClem.com and w0is.com and his blog at OneTubeRadio.com.

Course Schedule
9:55 Welcome, attendance, opening remarks
10:00 Recent Appellate Decisions (60 minutes)
11:00 Closing remarks

Location and Directions

The program will be held in the parking lot of the Law Office of Gary Gekas, 6440 Flying Cloud Drive, Eden Prairie, MN 55344. Click here for Google maps. If you need to reach me the day of the program, my cell phone number is 651-285-5474. When you arrive, you will see the spot from which I will be speaking. Park so that you can see me, and tune your car radio to 1610 AM.

Accessibility: You will not need to leave your vehicle for the program. If you need any special accomodation, please contact me prior to the program.


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