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Flyer begins to circulate among protesters.

As the night progresses on towards the Friday business day at the Madison Capitol, it is unsure what the final day of the work week will bring. It was reported by news stations that protesters were given flyers detailing the suggested actions and penalties that could be imposed if protesters refuse to leave the state building and refuse.

Governor Scott Walker announced Thursday that he would be pursuing legal means if necessary regarding the situation in Madison. The details of the flyer included the following:

“If faced with a request to leave the building, the protester has two choices: to stand up and leave the building (the lawful choice), or to ignore the request and stay (the unlawful choice). Attorneys cannot recommend that a person violate an ordinance or commit a crime.

If the protester chooses the latter, he or she may be removed forcibly from the building.Officers will physically effect the removal. If that occurs, it is in the protester’s best interest not to resist (resistance would lead to additional charges and, possibly, felony charges). The protester should go limp or, upon being seized, stand and walk out in the company of the officers. If all were to stand and walk out, less manpower would be required by the police and the space would be vacated more quickly. If all went limp, it is unlikely there would be sufficient manpower to remove every one.

The protester will most likely be charged with disorderly conduct.Disorderly conduct is an offense which can be charged either as a non-criminal ordinance violation, or as a criminal misdemeanor. The city and county ordinances, and the state statute are identical in verbiage.

If charged as an ordinance violation a citation can be issued on the spot, or it can be charged at some time in the future if the police have identifying information. The citation serves as a summons to court.

If charged as a crime, a person can be taken into custody on the spot or, like an ordinance violation, can be summoned to court at some time in the future if the police have identifying information.

If taken into custody, the person will be taken to the local jail where he or she will be booked. A photograph of the person, his/her fingerprints, and personal information will be obtained. If a photograph is taken, the protester should be sure to smile, and continue to do so even if the photographer requests them not to. Similarly, any inquiry about medical condition should be filled out.

It is not necessary to answer questions; and in particular, it is not necessary to answer questions about the names and associates or what gave rise to their actions.

If charged with a misdemeanor, the Dane County Sheriff’s office maintains a bail schedule. Bail can be paid by posting cash, a certified check, or by using a credit card. As soon as bail is posted, the individual will be released. One can post it immediately, or can wait until the time of one’s own choice. However, if one waits then one will remain in the county jail until the bail is posted.


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