News & Commentary

Last month, the Madison City Council voted to ban anyone from asking for donations of money or goods in large parts of the city, including all of the Central Business District. Although an ordinance barring “aggressive panhandling” has been on the books for some time, city officials claimed that stopping panhandlers – and many others – from asking for money is needed to create a more “pleasant” experience for Madison residents and visitors.

Wisconsin and Minnesota are very similar states with very different approaches to marijuana possession. The two states have roughly the same number of people and similar demographics, but Wisconsin arrests twice as many people for marijuana possession. Which makes for an interesting question: what might happen if Wisconsin cut its marijuana possession arrests in half?

The right to vote is what makes a country a true democracy.  It is the most basic right Americans share.

The Wisconsin State Capitol Police began ticketing protesters in the Capitol Rotunda last week for holding up signs without a permit. According to a Department of Administration spokesperson, on Monday police issued more tickets both for “unlawful display of a sign and not having a permit.” The citations were served at the protesters home to “avoid confrontation and maintain order at the Capitol.”  

Since the extraordinary events of February 2011, the American Civil Liberties Union of Wisconsin has stepped up its efforts to protect the free speech rights of all Wisconsin residents at the Capitol and our volunteer legal observers are now at the Capitol Rotunda every day during the noon hour. David Erwin, the State Capitol Police Chief since July 2012, has had a rocky start. His on-again, off-again, on-again enforcement of regulations governing events and protests in the Capitol Rotunda suggests problems. Either he lacks an understanding of our constitutional rights or is willing to abridge the rights of all Wisconsin residents to peaceable assembly and free speech at the Capitol.

ACLU of Wisconsin Executive Director Chris Ahmuty said he disagreed with Erwin’s recent actions. “He doesn’t seem to understand the importance of the clear meaning of the constitution. The way he is operating things is in an on-again, off-again enforcement scheme,” Amhuty said. “He needs to tell us what is lawful versus unlawful. It should be more clear what protesters can do according to law.”

The Wisconsin State Capitol Police began ticketing protesters in the Capitol Rotunda last week for holding up signs without a permit. According to a Department of Administration spokesperson, on Monday police issued more tickets both for "unlawful display of a sign and not having a permit." The citations were served at the protesters home to "avoid confrontation and maintain order at the Capitol." Since the extraordinary events of February 2011, the American Civil Liberties Union of Wisconsin has stepped up its efforts to protect the free speech rights of all Wisconsin residents at the Capitol and our volunteer legal observers are now at the Capitol Rotunda every day during the noon hour. David Erwin, the State Capitol Police Chief since July 2012, has had a rocky start. His on-again, off-again, on-again enforcement of regulations governing events and protests in the Capitol Rotunda suggests problems. Either he lacks an understanding of our constitutional rights or is willing to abridge the rights of all Wisconsin residents to peaceable assembly and free speech at the Capitol. Monday's tickets are unconstitutional. It is ludicrous to say that it is illegal to hold up a sign or that groups as small as four people need to apply for a permit 72 hours in advance if they are promoting any cause. The police served the tickets at the protesters homes. This suggests that the police know the identity of many of protesters who regularly exercise their rights at the Capitol. It also suggests that this new enforcement effort is a high priority for the Capitol Police. The ACLU believes that there are better uses for the Capitol Police force's limited resources. In a related matter, in an interview posted on wisconsinreporter.com on September 10, 2012 and on the eve of the anniversary of September 11, remarks from Chief Erwin have exposed another problem. According to the site, Erwin said, "And so we have a group of people that come here, and last week they were holding signs and they are part of this group that, for lack of a better word, are terrorizing people at this Capitol." It is unclear what group of people he's talking about; it may just be people who allegedly are disrespectful or call others names. Regardless, in our post-9/11 world, it is inappropriate to accuse someone of terrorizing others in this loose way. It is hard to imagine former Capitol Police Chief Charles Tubbs making such an accusation. Erwin admits that Tubbs did a great job during the large-scale protests as evidenced by the small number of arrests and the fact that no injuries occurred under Tubbs' leadership. Perhaps Erwin needs to learn how to defuse situations rather than engage in name calling.

If federal transportation money is spent on expanding highways while dollars for inner-city public transportation are slashed, how can transit-dependent people – who are much more likely to be people of color – get to their jobs? What impact does expanding highways to the suburbs have on a highly segregated city?

Nevertheless, Solidarity Sing-Along participants and other free speech advocates came together inside the Capitol in a show of numbers and defiance against Chief Erwin and the DOA. Well over 100 people ringed the ground, first, and second levels of the rotunda over the lunch hour, bringing the Sing-Along inside from its usual Friday location on the Capitol grounds overlooking State Street. The Madison office of the American Civil Liberties Union of Wisconsin, which has been vociferous in its support of free speech activities in the Capitol rotunda, reported on the gathering, as did several media outlets and others. Their observations and photos of the gathering, as shared via Twitter, are compiled here.