Facing Court Defeat, Walker Caves On Capitol Permits
The authoritarian Governor capitulates. Big victory for the First Amendment:
Gov. Scott Walker's administration is paying more than $88,000 in attorneys fees and dropping its hard-and-fast requirement that larger groups protesting in the Capitol receive a permit.
3 comments:
dude -- this does not do what you say it will do.
The permits are still required for 20 or more. No change. Still subject to arrest and fines.
The 12-20 range is now subject to arrest and fines if no notice has been made.
The DOA can now arbitrarily decide to override ANY scheduled event for whatever excuse it makes up. The settlement example is for a DOA-guided tour. It's pretty clear that the DOA can decide to revoke a permited or notified event, even if it's in process, and declare an "unlawful gathering" and start arresting people.
The agreement specifically says that the DOA can change the rules any way and any time they want. Expect another evil rule in 3, 2, 1.....
The settlement was made due to time and money constraints on the plaintiffs. Thye old tried-and-true rule that the guy with the most money wins.
The settlement text hasn't been reported accurately. The DOA didn't lose squat.
Permit or merely advance notice for larger groups? There is some clarification to come when the judge reviews it.
A trial was scheduled to occur early next year, but DOA and ACLU mediated an agreement to avoid further litigation expense and time.
Following are highlights of the resolutions reached in the Settlement Agreement:
DOA has the authority to manage and operate the Wisconsin State Capitol Building.
DOA has the authority to create a permit system for use of state facilities under its management authority, including the Wisconsin State Capitol Building.
Groups with fewer than 12 participants will not be required to obtain a permit or provide advance notice for an event, unless otherwise required under Administrative Code (example: using a sound amplification system).
Groups with 12 or more participants will be required to obtain a permit or provide advance notice of an event to use the Wisconsin State Capitol Building. An event not properly noticed may be deemed unlawful.
DOA will establish an additional method by which groups may reserve space in the Capitol. An individual using this Advance Notice system must:
Provide advance notice of at least two business days and no more than 10 business days before the planned event; and
Provide details of the event including date, start and finish time, estimated number of attendees, and contact information for one or more people in the group who can be contacted if the Advance Notice event is removed due to a valid permitted event or DOA-led tour group.
Advance Notices can be issued for five cumulative days.
Permitted events and DOA-led tours will receive priority over an Advanced Notice event. If a permitted event or DOA-led tour is scheduled, the Capitol Police will notify the Advance Notice contact that their noticed event is no longer reserved.
Participation in a previously-noticed event which has been superseded by a permitted event or DOA-led tour will be deemed unlawful and citations or arrests may be issued for participation in that unlawful event after a warning has been given.
All other permitting rules and policies will remain in full force and effect.
To meet these agreement terms, DOA will update its Access Policy and begin the process of promoting emergency rules to reflect the agreement.
http://www.wkow.com/story/23637953/2013/10/08/aclu-agrees-capitol-permit-process-is-constitutional
Get ready for another circus. The current admin. does not like not getting it's way.
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