Blocking access to Capitol building defies court order and violates constitution

Demonstrators in Madison have been given limited or no access to the Capitol building since Sunday. That is a clear violation of the Wisconsin state Constitution, and now it is a violation of a court order issued yesterday.

On Sunday, the Wisconsin Department of Administration (DOA) closed the state Capitol building for cleaning and stated that it would reopen to the public the following morning at eight. The building has since remained closed to the general public. Activists who left the building claim that windows are being bolted shut and the ends of the bolts cut off to prevent food from being passed in to the remaining demonstrators.

View slideshow: Madison demonstration, March 1, 2011.

The DOA posted new rules regarding access to the Capitol on its web site on Monday, including:

• Visitors to the Capitol will enter at the King Street entrance.
• A handicapped entrance will be available at the Martin Luther King, Jr. entrance.
• Visitors will be admitted to meet with legislators and other officials who work in the building, to attend committee hearings and to observe the state Assembly and state Senate if they are in session.
• Capitol Police will be stationed at the King Street entrance and can assist members of the public who do not have an appointment, but who wish to see their legislators or meet with others in the building.
• Protestors will be allowed into the building, but crowd size will be adjusted to accommodate the cleaning crews, the preparation for the Tuesday’s joint legislative session and the number of protestors who remained in the building overnight.
• Items that created safety or fire hazards and were removed from the building beginning on Friday will not be allowed back in.
• Police will continue the practice that began on Saturday of disallowing items including sleeping bags, blankets and animals (other than service animals) into the building.
• Members of the media will enter the Capitol at the West Washington entrance.

On Tuesday, however, no one was allowed in the building unless they obtained a “visitor badge” for conducting “official business.” Hundreds of demonstrators gathered outside the Capitol chanting, “This is our house!” and “Let us in!” (See slideshow).

Reports of limited access to the building by the DOA and local media remain somewhat contradictory with those of activists at the scene, who claim that the general public is not being allowed into the building. Strangely, this request was also posted on the DOA’s web site on Tuesday:

The King Street entrance to the Capitol has become congested. Capitol police request the assistance of the people in the area. People in the area of King Street need to exit the immediate area so that we can facilitate the public entry into the building.

Apparently no one informed DOA officials that the people outside of the Capitol are trying to get in.

Blocking, and in most cases, even limiting access to the Capitol building is illegal under the Wisconsin state Constitution:

Article I, §4 – ANNOT.
The legislature cannot prohibit an individual from entering the capitol or its grounds. 59 Atty. Gen. 8.

Article I, §4
Right to assemble and petition. Section 4. The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

At a hearing Tuesday afternoon in Dane County Circuit Court, Judge Daniel Moeser ruled for the people and the Constitution when he issued a temporary restraining order to reopen the Capitol building until a trial court can schedule a hearing. The order says the building must be open to the public during business hours and when "governmental matters, such as hearings, listening sessions, or court arguments are being conducted."

According to local Channel 3000, DOA officials released a statement on Tuesday afternoon saying that they did receive the judge's temporary injunction. Officials said that the policies that department has in place are "in compliance with this order." The same policies are in effect today.

Regardless of whether the general public has limited or no access to the building during business hours, it is a clear violation of the Wisconsin state Constitution and now, a violation of a court order.

Apparently, for some “leaders” and government officials, abiding by constitutional law and complying with court orders are useful only when that serves their agenda. If not, then the constitution becomes a useless piece of paper and court rulings are relegated to the realm of opinion.

The Walker administration has crossed another line. That building does not belong to him or the legislature. It belongs to the people of Wisconsin and as long as they are not violent, he has no right not to let them into their building. In locking the doors of the peoples' capitol building, the peoples' rights are being usurped.