Help Fight to Overturn This Terrible Precedent for Engineering Reformers
Charles Marohn was fined, censured, and reprimanded for speaking up for change as an engineer. We’re fighting to have this state board’s decision overturned, so they know they can’t use their power to intimidate those who call for reform.
Members of the Minnesota board of engineering licensure are supposed to uphold the integrity of their institution, but instead they have abused their power, overstepping their authority in order to slander a leading reformer—someone who was not even practicing engineering—by issuing a state order of censure and reprimand. This is a warning to other professional engineers: Stay in line or you will face attack by colleagues who disagree with you. For the sake of the public health, safety, and welfare in Minnesota and elsewhere, that injustice needs to be corrected.
Litigation is expensive, especially at this level. You can support Strong Towns’ pursuit of justice, and support efforts to reform the engineering profession, by making a tax-deductible donation to Strong Towns.
This dispute with the board is not about Charles Marohn, nor is it even about Strong Towns. What is at stake here is whether professional engineers are able to speak out for reform, to advocate for changes that will save people’s lives and improve public budgets, despite objections from within the profession. Engineers must be able to speak freely and openly without fear that their colleagues will retaliate against them, threatening their professional credibility and livelihood, through the complaint process.
After reviewing the licensing board’s decision, the Strong Towns Board of Directors voted to appeal the ruling to the Minnesota Court of Appeals. That appeal is in process.
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Summary of the Case
In July of 2020, Charles Marohn, founder and president of Strong Towns, was notified that a complaint had been filed against him with the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design (AELSLAGID; also referred to here as the licensing board) by an engineer from South Dakota named David Dixon. Mr. Dixon’s complaint alleged that Marohn referred to himself as a “professional engineer” and a “PE” in his written biography at strongtowns.org, on the title slide of PowerPoint presentations visible on YouTube, and on the sleeve of his book Strong Towns: A Bottom-Up Revolution to Rebuild American Prosperity, and that these references happened during a lapse Marohn’s licensure. This was the second complaint to the licensing board made by an engineer against Marohn stemming from his advocacy with Strong Towns.
Marohn has not practiced engineering since 2012. After a short period of discernment over whether Marohn had practiced engineering during the lapse in licensure (he hadn’t), discussions with the licensing board’s complaint committee shifted to focus solely on Marohn’s advocacy speech. After many months of discussion between Marohn and the complaint committee, it was clear that committee members were ready to abuse the complaint process to slander Marohn and the Strong Towns movement. In May of 2021, the Strong Towns Board voted to initiate a federal lawsuit to stop the licensing board from taking action. The federal court decline to intervene, citing the Younger Doctrine.
Simultaneously, the complaint committee referred the matter to a contested case hearing with the Minnesota Office of Administrative Hearings. The administrative law judge assigned to the case declined to rule on constitutional issues of free speech and upheld the licensing board’s authority to act. In July of 2022, following a superficial hearing, members of the Minnesota Board of AELSLAGID voted to censure, reprimand, and fine Marohn $1,500 for 10 violations, including eight instances of referring to himself, while doing public policy advocacy work, as a professional engineer during a lapse in licensure and two instances of false representation for Marohn’s claim, on his renewal application, that he never referred to himself as a professional engineer while performing engineering services.
Minnesota Court of Appeals (Pending)
Strong Towns is appealing the decision of the Minnesota Board of AELSLAGID to the Minnesota Court of Appeals.
Filings
Petition for Writ of Certiorari (August 4, 2022)
Notice of Case Filing (August 4, 2022)
Writ of Certiorari (August 5, 2022)
Relator Charles L. Marohn, Jr.’s Brief (September 29, 2022)
Relator’s Addendum (September 29, 2022)
Respondent’s Brief (October 31, 2022)
Relator Charles L. Marohn, Jr.’s Reply Brief (November 18, 2022)
Hearing with Minnesota Board of AELSLAGID
The Minnesota Board of AELSLAGID held a final hearing to determine what action to take against Marohn. The hearing was superficial with the findings and conclusions seeming to be predetermined (extensive findings were adopted and an order issued moments after the hearing). Letters of support submitted by licensed professional engineers from around Minnesota and the United States were rejected as not relevant and not included in the record. The public board deliberated in private, despite Marohn’s request to have the proceedings open to the public. Even Marohn and Strong Towns’ attorney were not allowed to attend the deliberations.
Here are the filings made public for this hearing:
Marohn Email to Board on Retirement Status (May 20, 2022)
Roguski email to Marohn on Retired Status (May 23, 2022)
Marohn Letter to the Board (June 23, 2022)
Objection to the Board (June 27, 2022)
Audio of Oral Arguments (very poor quality)
Order Granting Summary Disposition (July 12, 2022)
Hearing with Minnesota Office Administrative Hearings
After Strong Towns filed a federal lawsuit to stop the Minnesota Board of AELSLAGID from taking action, the Board initiated a contested case hearing with the Minnesota Office of Administrative Hearings. An administrative law judge (ALJ) reviewed the case. In written arguments, the board argued that the ALJ had no authority to rule on constitutional matters, even as applied to Marohn. The ALJ ultimately agreed and issued a ruling stating the board had the authority to proceed with enforcement action. Arguments put forth by Strong Towns’ attorney were not considered.
June 3, 2021 Notice and Order for Prehearing Conference (June 3, 2021)
Respondent’s Discovery Requests to Complainant (September 21, 2021)
Motion for Summary Disposition (January 21, 2022)
Respondent’s Motion for Summary Judgement (January 21, 2022)
Respondent’s Memorandum in Opposition to the Board’s Motion for Summary Judgement (February 4, 2022)
Recommended Order on Cross-Motions for Summary Disposition (May 31, 2022)
Federal District Court
On May 18, 2021, Strong Towns filed a federal lawsuit to stop the Minnesota Board of AELSLAGID from taking action against Charles Marohn. Strong Towns argued that the Board of AELSLAGID, and its individual members, violated the First Amendment free speech rights of Charles Marohn and Strong Towns. (You can read our announcement on the lawsuit here.) Attorneys for the Board of AELSLAGID argued that the Younger Doctrine applied, that there was adequate recourse for constitutional issued to be addressed in the state process, and that it was premature for the federal court to intervene. The federal court judge ruled in favor of the Board of AELSLAGID and dismissed the case.
Accompanying Exhibits
Federal Court Filings
July 1, 2021 Plaintiff’s Memorandum in Response to Defendants’ Motion to Dismiss
December 10, 2021 Order Granting Defendant’s Motion to Dismiss
Board of AELSLAGID Violations Committee
Between July 2020 and April 2021, the Violations Committee investigated the complaint made by David Dixon and then sought to have Charles Marohn sign an Order and Stipulation agreement. Marohn negotiated with the committee and ultimately offered to sign an order acknowledging that he used the terms “professional engineer” and “PE” during a lapse in licensure if the committee adopted findings that contained an accurate timeline of events, removed assertions of fraud, misrepresentation, and dishonesty, and did not include a censure or a reprimand. The committee refused.
Notification of Complaint (July 24, 2020)
Letter from Marohn to the Complaint Committee (July 28, 2020)
Letter from the Complaint Committee (November 3, 2020)
Letter from Marohn to the Complaint Committee (November 17, 2020)
Letter from the Complaint Committee (December 17, 2020)
Letter to Complaint Committee on Behalf of Marohn (January 19, 2021)
Letter from the Complaint Committee (February 17, 2021)
Video of March 10, 2021 hearing with the Violation Committee
Letter from the Complaint Committee (March 17, 2021)
Letter to Complaint Committee on Behalf of Marohn (March 23, 2021)
Letter from the Complaint Committee (April 21, 2021)
Select Articles on Engineering Reform
Strong Towns advocates for reforming the way we build our cities, especially the approach that professional engineers take with transportation and infrastructure systems. Licensed engineers not only have the right, but the obligation, to speak out when the work of their chosen profession threatens people’s lives, wastes taxpayers’ money, and diminishes our overall prosperity.
In this Strong Towns Podcast, listen to the latest update on our lawsuit agains the Minnesota board of engineering licensure and the oral arguments made in front of the Minnesota Court of Appeals.