A total of 12 protesters have been arrested for occupying the Capitol without a permit and interfering with a Red Cross blood drive.
Department of Revenue spokesperson Stephanie Marquis said the Red Cross was granted a permit by the Capitol police department to occupy the first floor of the rotunda last Tuesday, Wednesday and Thursday. She said eight protesters Wednesday and four on Thursday in the building during those periods received civil citations for “unlawful display of sign.”
The protesters received those citations because of the permitting process that has been in place since 1979 that states if a group of four or more want to come into the Capitol to display protests and materials, they must obtain a permit, according to Marquis.
She said although the Red Cross did not file a formal complaint against the protesters, they expressed concern about the privacy of those that gave blood.
“The Red Cross did approach the Capitol police because they had concerns that some of the individuals were walking very close to the area of the blood drive,” Marquis said.
Rep. Chris Taylor, D-Madison, said even though there was a blood drive on the first floor of the Capitol, it is still a public space.
She said these are peaceful individuals who are not creating any public safety issues or interfering with the functioning of the Capitol.
“I have real questions about whether or not it’s constitutional,” Taylor said. “You should be able in the public spaces of the Capitol to express yourself politically.”
According to University of Wisconsin professor Robert Drechsel, expert on media law, giving citations is not a violation of freedom of speech because it is acceptable to enforce permit laws as long as the system is neutral in who they give permits to.
UW political science professor Donald Downs added as long as police give out permits in a straightforward, clear and consistent basis, it is not unconstitutional. He said the state has a right to require permits for demonstrations, no matter how small they are.
Drechsel said there should be a straightforward, easy solution to the issue, but both sides are staking out extreme positions.
Marquis said Capitol Police Chief David Erwin has been very supportive of free speech and has made it clear to the protesters if they apply for a permit they will receive one. This is the first time Erwin has distributed multiple citations to protesters for not having a permit, she said.
Taylor said she is concerned the large number of growing citations will be a waste of taxpayer money and state resources.
According to Marquis, police politely asked protesters to take down their signs and to go outside to continue protesting before giving them citations. She said there was one individual who resisted arrest Thursday and received an additional citation as a result.
Taylor said the policies Erwin is cracking down on will impact students and they should be very concerned.
“I think students should be particularly concerned because there’s such a history of UW students coming to the Capitol to express themselves,” Taylor said. “There was one person arrested for chalking on the sidewalk and I know that was an activity I saw a lot when I was a student at UW-Madison.”