Democratic state legislators from the Dane County area voiced concerns in a letter Wednesday to the Capitol Police chief after the newly hired leader began enforcing rules that police protesters inside the building in what legislators deemed “ridiculous” ways.

The legislators’ letter, addressed to Capitol Police Chief David Erwin, discussed one incident in which Capitol Police cited individuals for holding signs and balloons.

“We reiterate Rep. Taylor’s previous request for an explanation of what conduct and actions you deem to be unlawful in the Capitol,” the letter read. “Refusing to delineate which specific behaviors are subject to arrest or citation, and saying the determination whether or not to arrest or cite people is made on a ‘case-by-case basis,’ seems to suggest that you are simply making things up as you go along.”

In the letter to Department of Administration Secretary Mike Huebsch, the Democratic delegation from Dane County requested an immediate meeting to discuss their issues.

The Democrats cited the Capitol Police’s recent actions as “verging on ridiculous.”

Rep. Chris Taylor, D-Madison, has been publicly voicing her concerns on the issue for several weeks.

“The public needs to know under what circumstances they are allowed and not allowed to do when they enter the Capitol,” Taylor said. “The Capitol Police have been stretching their interpretations in order to cite people with no opportunity to right their wrongs.”

Taylor said the prior chief of the Capitol Police sought legislators’ input frequently and communicated with them concerning what was happening in the Capitol. Taylor said all she and the other legislators seek is to “know what is going on.”

Rep. Karl Van Roy, R-Green Bay, said he was pleased DOA and Capitol Police are “finally” enforcing the rules inside the Capitol. Van Roy said protesters in the Capitol have frequently harassed members of his staff.

“Our right to peaceably assemble is nonetheless framed by permits, appropriate parameters, laws and the universal understanding that when people behave badly, they face consequences,” Van Roy said. “Free speech does not give anyone the right to swear at people, yell at employees or visiting children, frighten citizens and disrupt a public space.”

Rep. Kelda Helen Roys, D-Madison, one of the letter’s authors, said she is appalled at the policy against protesters and described it as unconstitutional.

“The Capitol is an important symbolic place and forcing people to go through a process of obtaining a permit before they can speak freely is wrong,” Roys said. “Unfortunately, a really important public building that belongs to the people is being treated as a private place by the Department of Administration.”

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.”