The Department of Administration and the Capitol Police hosted a public forum Tuesday morning to inform members of the public about the newly drafted rules for holding an event or rally at the Capitol.
Chris Ahmuty, executive director of the American Civil Liberties Union of Wisconsin, said he felt many at the meeting left feeling that the DOA officials and Capitol Police Chief Charles Tubbs failed to properly clarify the intricacies and intent of the updated rules.
Under the updated facilities access policy, organizers of any activity or displays at any state building, including the Capitol, would have to send a permit for approval to the DOA within 72 hours of the event. These updated regulations took effect on Dec. 1.
“The frustration is going to get even greater now, and people will likely get concerned and exercised,” Ahmuty said. “We’ll probably see demonstrations about the right to hold demonstrations.”
Apart from Tuesday’s meeting, DOA officials and Capitol police will host meetings on Thursday afternoon and Saturday morning in the Capitol basement to educate members of the public about the new regulations, according to a DOA statement.
Ahmuty said the new updated rules for the facilities access policy could possibly have a “chilling effect” on events and rallies held at the Capitol. He said the regulation may be too restrictive and would make it difficult for groups to organize.
The new rules require a permit for groups with as few as four people. Ahmuty said smaller groups may not find it is worth their resources to go through the application process, especially with the requirement to give 72 hours notice.
He also said the new updated regulations give too much discretion to the DOA, specifically in the Capitol Police’s ability to charge organizers of a rally or event $50 for additional officers and overtime work.
Ahmuty said DOA can now also require groups to obtain liability insurance before holding an event. While this can be relatively easy for some groups, he said controversial groups may have difficulty receiving liability insurance from private insurance companies.
For these reasons, Ahmuty said the bill infringes on many gatherers’ First Amendment rights, regardless of what the supporters are in favor of. He said restrictions are essential to assess policies, but giving too much discretion to the policy maker often silences groups.
“Public officials shouldn’t shield themselves from criticism. That’s the nature of our democracy. The First Amendment requires that when you have events on state property, like [the Capitol], you try to accommodate events,” he said.
Mike Mikalsen, spokesperson for Rep. Steve Nass, R-Whitewater, said the core rules for holding events at the Capitol really have not changed. He said the only areas majorly altered were places were groups have ran into confusion in the past.
Mikalsen said Tuesday’s meeting and the updated regulations do not prove whether the district attorney will be willing to take up cases where protesters or event-goers in the Capitol have broken the facility access rules.
He said the district court has unjustly thrown out many cases in the past several months of protesters who have broken the established rules, for instance harassing public workers in the Capitol and disrupting floor meetings. He said he hopes the updated rules will clarify that these cases should not be thrown out.