Today the Wisconsin Department of Administration issued modified its new state facilities access policy following intense criticism from the ACLU of Wisconsin, representatives of demonstrators, elected officials (letter from Rep. Taylor, Wisconsin Legislature) and editorial writers (including the Wisconsin State Journal, Milwaukee Journal Sentinel and the Capitol Times) . You can find the clarifications on the department’s website (PDF).
The ACLU of Wisconsin has conducted an initial review of the policy. We recognize that the Department has made improvements to the policy, including clarifications regarding a permit requirement for distribution of literature (only those distributing commercial literature need a permit) and the policy’s non-discrimination provision (it now includes sexual orientation which was missing in the first draft). The new version of the policy also appears to reduce the chances that peaceable demonstrations will be charged for extra law enforcement costs (prompted by counter-demonstrators).
However, the ACLU continues to have serious reservations regarding some provisions of the modified policy, including,
- The policy still defines a rally “as a gathering of four or more people for the purpose of promoting any cause.” (Page 5) There is no sound reason to require such a small group to obtain a permit.
- The policy still holds groups liable for damages incurred “as a result of” the event, whether or not there was any culpability, such as negligence on the group’s part for the damages. (Page 15)
- It remains unclear how the Department will determine how many “extra” officers, if any, might be needed for particular event, thus resulting in charges to a group. Will the DOA make an estimate of the number of likely attendees? Or determine whether “trouble” is likely? On what basis would DOA make such determinations?
The ACLU of Wisconsin will seek further clarification from the Department. In the meantime it requests that the Department delay the enforcement of the new policy: it is still too restrictive. The ACLU of Wisconsin continues to consider legal action against the Department based on both the language of the policy and its potential enforcement.
The ACLU of Wisconsin and other supporters of free speech at the State Capitol will be holding a media conference there on Monday, December 19thbeginning at 11 a.m. in the Assembly Parlor to announce their reaction to the modified policy.
Yesterday we recognized the 220th anniversary of the ratification of the U.S. Bill of Rights by distributing copies of the Bill of Rights and small U.S. Flags to visitors at Milwaukee State Office Building downtown. We reminded people that this act would have required a permit under the DOA regulations. The amended rules will now allow this activity on the steps of state buildings.
Today’s news was highlighted by the Associated Press in the Wisconsin State Journal and in the Milwaukee Journal Sentinel.
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