Judge Bars Capitol Police From Requiring Permits For Small Protests

By

A Madison federal judge temporarily barred the Capitol Police from requiring permits for groups smaller than 20 to protest in the Capitol building.

Following the massive rallies in 2011, the Department of Administration imposed new rules and began ticketing protesters. ACLU attorney Larry Dupuis filed a challenge to the rules on behalf of a protester who had stopped attending daily singing rallies fearing he’d be ticketed. Dupuis says Judge William Conley’s ruling makes it clear that the state Capitol is one place where free-speech rights should not be restricted.

Dupuis: “The way the building even is constructed is designed to make it a crossroads for people to meet and discuss the issue of the day. In light of that, he recognized that permits are an imposition. They are a burden on speech and therefore they have to narrowly tailored to meet a legitimate need of government.”

Stay informed on the latest news

Sign up for WPR’s email newsletter.

This field is for validation purposes and should be left unchanged.

Protesters gathered for the daily solidarity sing-along in the Capitol rotunda say they’re pleased with Judge Conley’s ruling. Greg Gordon is from Waunakee.

Gordon: “This capitol building is not just an office building like another state office building. He said … that little bit of disruption is expected here. That’s what this building was built for.”

But Gordon and other protesters say they hope the rules for Capitol rallies will be loosened even more. Judge Conley will make a final ruling on the challenge early next year. Until then groups of 20 people or more will have to get permits. The Department of Justice issued a statement noting that the ruling only blocks some permitting rules and finds that permitting process as whole is constitutional.