Charged Over an Emoji: The Motion to Dismiss Was Denied, But the Fight Isn't Over
- Ryan Alvar
- 2 days ago
- 4 min read
On May 30th, 2025, I stood before a judge in a contested hearing for my motion to dismiss a criminal charge filed against me by the City of Duluth. That charge? Allegedly violating an Order for Protection by sending an emoji. Yes—an emoji. Specifically, the "💯" symbol.
After reviewing the arguments and evidence, the judge denied the motion to dismiss—but not without raising eyebrows of her own.
The City of Duluth’s entire case rests on probable cause—specifically, the claim that the emoji came from my computer. The judge acknowledged this low threshold for the case to proceed to trial, even while expressing concern about the actual substance of the charge. At one point, she asked, “So... this is for a word?” I responded, “An emoji.” She clarified again—“Yes, an emoji of…?” I said, “💯.” Her reaction said it all.
🕵️♂️ Discovery Dump & Constitutional Concerns
I raised a serious concern during the hearing: The prosecution delivered their discovery two days before the hearing, and then dumped a large volume of material the morning of. When questioned by the judge, the prosecutor’s excuse was that they didn’t believe the hearing would happen—assuming I would take their plea deal instead.
But here’s where the hearing took a more serious turn. I informed the court that the Duluth Police Department’s own report—included in their discovery—shows that Amy (the complainant) admitted to accessing my computer. She said she didn’t think I knew she was doing it. The investigator herself concluded Amy was likely viewing files that were never meant for her to see, including private legal documents related to court cases where we are opposing parties.
Even more troubling: Law enforcement accessed and used those files, likely without a warrant or any legal justification, and never once contacted me—the owner of the compromised system—to notify me that my rights had been violated and were possibly continuing to be violated. The judge seemed notably concerned and instructed the prosecutor to follow up on this issue. Whether they will remains to be seen.
🧱 The Judge’s Response
Despite denying the motion, I believe the judge was fair and neutral throughout the hearing. She carefully listened to both sides, pushed back on the prosecution’s lack of preparation, and made it clear that the City of Duluth’s case was flimsy.
She even held up the stack of evidence I submitted in my defense and said, “You have a lot here. A lot for your defense in the trial,” while glancing repeatedly at the silent prosecutor.
She then asked, “Mr. Alvar, would you like a bench trial or a jury trial?”
Without hesitation, I responded, “Jury trial.”
The trial is now set to begin on September 10th, 2025 at 8:30 AM at the St. Louis County Courthouse in Duluth, Minnesota. Coincidentally, that date is also Amy’s birthday. When I pointed this out, the judge offered to change it. I declined—just noting the irony.
🎯 A Message to the Public
The City of Duluth is prepared to take a case to a full jury trial over an emoji—while ignoring evidence of constitutional violations, illegal access to private legal files, and a blatant abuse of power by local law enforcement.
Let me be clear: I am ready. I have a mountain of evidence. And I have faith that a jury of my peers will see this for what it is.
But this case is bigger than just me.
It's about how far government actors will go when unchecked. It’s about what happens when a city weaponizes the law instead of upholding it.
💡 What You Can Do
As summer travel ramps up, I want to leave you with a thought:
You have a choice in where you spend your time and money. This isn’t a call to boycott the Northland. Go up north. Go hiking. Go fishing. Visit the North Shore. But maybe—just maybe—skip Duluth. Drive through and stay somewhere else. Or change your summer destination.
Visit a town that respects your rights. Make a conscious effort to choose where you eat, sleep, and fill your gas tank. Every dollar you spend is a decision. You have the power to choose—and the power to make a difference.
Right now, it’s actually cheaper to stay in the Twin Cities than it is in Duluth. And Duluth needs to feel the consequences of enabling a local justice system that is not serving its people.
Because in the end, judges are elected officials—and so are many of the people who shape how justice is carried out. In the City of Duluth, that includes prosecutors, city leaders, and those who oversee law enforcement.
Citizens have the power to demand better. But that only happens if we start paying attention to who sits on the bench, who files the charges, and who looks the other way when rights are violated. These decisions impact real lives—mine, and possibly yours.
Without public pressure, nothing changes.
📚 Want the Full Story?
To understand the full scope of this case and how we got here, read:
It breaks down the background, my defense, and the broader implications of the City of Duluth’s prosecution.
333 days since my children were kidnapped. This isn't over.
🔁 Join the Fight for Reform
✅ Visit: www.ryanalvar.com
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✅ Follow & Share: Real Dad Initiative
✅ Write Your Legislators: Demand oversight for GALs and transparency in family court
Believe it or not, your influence on your state representative and state senator can open the door to change. A quick email or call from you can make a big impact.
If you're not sure who represents you, this website makes it easy to find out: 🔗 https://www.gis.lcc.mn.gov/iMaps/districts/
I’ve already heard from parents who’ve lost everything. Some haven’t seen their children in years.
This is real. This is dangerous. And this is why we fight.
Ryan -
