After weeks of 20-plus daily arrest counts, Capitol Police slowed down Thursday and arrested a single observer at the Solidarity Sing Along’s demonstration.
Within minutes of the start of singing in the rotunda, two Capitol police officers placed signs declaring the demonstration unlawful and played a prerecorded message on a portable loudspeaker from Capitol Police Chief David Erwin with the same message.
But after a half hour of singing with two to three officers circling both levels of the rotunda, officers arrested Nora Cusack, the only arrest for the day. Most of the 100-plus Solidarity Singers sang in the center of the rotunda on the bottom floor, while Cusack, who was carrying a sign reading “I am an observer only,” was on the second level.
Despite her sign, officers arrested Cusack for unlawful assembly and for bringing a sign supported by a standard or stick. The arresting officer said that her body supporting the sign qualifies as a violation of the rules.
“I was not singing, clapping, humming, anything,” Cusack said. “I just had a sign saying I was an observer.”
The Department of Administration announced in early August observers would not be subject to arrest. However, despite the announcement, the law gives officers the authority to make arrests.
Stephanie Marquis, DOA spokesperson, said only those who actively participate will be cited for not complying with the law and the court order that requires them to get a permit.
Cusack was released soon after her arrest with a citation and court date. She returned to her husband, who was also observing the demonstration from the second level of the rotunda.
“I told my husband I wasn’t going to get arrested today,” she said.
Other observers and singers included members from Madison Teachers Inc., American Federation of State, County and Municipal Employees, American Civil Liberties Union, the Raging Grannies of Madison, Madison Fire Department and other groups.
The DOA declined to comment on Cusack’s claim that she was an observer or on the rules for signs.