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Ellipsis

(9,124 posts)
Tue Oct 8, 2013, 03:42 PM Oct 2013

BREAKING: Walker administration drops permit requirement for Capitol protests

Source: UW Badger Herald


Gov. Scott Walker’s administration dropped the permits required for protesters in the Capitol Tuesday after the American Civil Liberties Union sued the administration in January.

Under the settlement, the Department of Administration will allow five days of demonstration if protesters give the DOA a two-day notification. The DOA will keep their permitting process in place, but will not require permits to hold protests.

According to a statement from ACLU:

“This is a victory because giving notice is significantly difference than forcing people to ask the government for permission to exercise free speech,” Larry Dupuis, legal director of the ACLU of Wisconsin, said Tuesday. “Giving notice is very informal. The state can’t deny use of the Capitol to anyone giving notice, unless someone else has reserved the entire space by obtaining a permit for the same time.”

Read more: http://badgerherald.com/news/2013/10/08/breaking-walker-administration-drops-permit-requirement-capitol-protests/



I wonder if this drops the liability concerns of the permit.


Here the Milwaukee journal sentinel article as well

http://www.jsonline.com/news/statepolitics/scott-walker-administration-drops-permit-requirement-for-capitol-protests-b99115870z1-226929951.html


Still kinda weaselly.


ACLU Press release

FOR IMMEDIATE RELEASE: October 8, 2013

CONTACT: Sarah Karon, ACLU of Wisconsin, (608) 469-5540, skaron@aclu-wi.org

MADISON — The American Civil Liberties Union of Wisconsin today announced a settlement in its federal lawsuit against the state Department of Administration concerning free speech at the Capitol.

As part of the settlement, the state must create a notice system, which allows groups to gather inside the Capitol without a permit.

“This is a victory because giving notice is significantly different from forcing people to ask the government for permission to exercise free speech,” said Larry Dupuis, legal director of the ACLU of Wisconsin. “Giving notice is very informal. The state can’t deny use of the Capitol to anyone giving notice, unless someone else has reserved the entire space by obtaining a permit for the same time.”

Under the former permitting rules, which the state adopted in November 2011, groups as small as four were forced to obtain prior permission from the government before engaging in expression “for the purpose of actively promoting any cause” inside the Capitol, a public building.

The new rules also prohibited people from gathering in the Capitol for any performance, ceremony, presentation, meeting or rally without a permit.

The ACLU of Wisconsin lawsuit, filed in February in U.S. District Court, charged that the state violated the First Amendment by requiring permits for demonstrations held inside the Capitol and by punishing protesters who gather there without a permit.

The ACLU of Wisconsin and Madison attorney A. Steven Porter brought the suit on behalf of Michael Kissick, an assistant professor in the University of Wisconsin-Madison School of Medicine and Public Health. In the past Kissick sometimes participated in demonstrations inside the Capitol, including the Solidarity Sing Along.

Kissick ceased exercising his First Amendment rights inside the Capitol in September 2012, when police began arresting and citing people who exercised free speech there without a permit. In July, U.S. District Judge William M. Conley ordered the state to stop enforcing the permit rules for small groups. Last month, Magistrate Judge Peter Oppeneer held a mediation session between the parties, resulting in the settlement.

“I’m happy because this agreement allows the Solidarity Sing Along to continue as it always has,” Kissick said. “The group has effectively been giving the state notice all along, and has always deferred to events with permits.”

As part of the settlement, a person may give the DOA notice of a gathering of 12 or more people by phone, email, in person, or via a form supplied by the state. Notice must be given at least two business days and not more than 10 business days before an event.

Individuals and groups may also give notice for consecutive events, and there is no limit on how many notices an individual or group may provide.

“There isn’t any question that the old permitting system was unconstitutional,” said legal director Dupuis. “This settlement halts the state’s unwarranted punishment of individuals who gather inside the Capitol to exercise their free speech rights.”
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Drale

(7,932 posts)
1. Yes give them notice so
Tue Oct 8, 2013, 03:49 PM
Oct 2013

they can bus enough tea baggers in to fill up the capital leaving no room for the real protest.

 

Scuba

(53,475 posts)
2. A win for the Solidarity Singers and all Wisconsinites! Thanks, much thanks, to those who protest!!
Tue Oct 8, 2013, 03:54 PM
Oct 2013

And to those who support the protesters in spirit, financially, etc. too.

hue

(4,949 posts)
5. Thanks ACLU of WI, Porter & Solidarity Singers...
Tue Oct 8, 2013, 04:03 PM
Oct 2013

This!

“There isn’t any question that the old permitting system was unconstitutional,” said legal director Dupuis. “This settlement halts the state’s unwarranted punishment of individuals who gather inside the Capitol to exercise their free speech rights.”

madrchsod

(58,162 posts)
7. i kind`a figure when it got to the federal courts it would be settled
Tue Oct 8, 2013, 04:29 PM
Oct 2013

it`s such a beautiful capital building it`s shame that this went on because of that twit in the governor's chair.

Ellipsis

(9,124 posts)
8. Many years ago it use to be open late... I would walk thru it every night on the way home from work
Tue Oct 8, 2013, 04:50 PM
Oct 2013

quite spiritual.... the marble, the murals the woodwork, just invigorating, especially all the different kinds of marble and granite

The Capitol was constructed of 43 types of stone from six countries and eight states. The exterior stone is Bethel White granite from Vermont, making the exterior dome the largest granite dome in the world. In the rotunda is marble from Greece, Algeria, Italy, and France, along with Minnesota limestone, Norwegian syenite (Labradorite) and red granite from Waupaca, Wisconsin. Other Wisconsin granites are located throughout the public hallways on the ground, first, and second floors.




http://commons.wikimedia.org/wiki/File:Wisconsin_State_Capitol_dome_interior_panorama.jpg

Earth_First

(14,910 posts)
10. I have not read the entire settlement yet...
Tue Oct 8, 2013, 05:59 PM
Oct 2013

However the article states nothing about the pending charges for those arrested and/or fined.

There are several protestors who have dozens of citations which total thousands of dollars in fines.

How about those who did pay fines? Will the state reimburse these fines retroactively?

Ill take a minute later to read the entire settlement later, mabye someone who may already have read it in its entirety can chime in...

Thanks!

Ellipsis

(9,124 posts)
12. From what I have culled the suit is brought by two individuals - as to the "permit process"
Tue Oct 8, 2013, 06:14 PM
Oct 2013

It would set a precedent to sue.

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