MADISON -- Cannabis activists found themselves shut out of their traditional spot outside the Governor's State of the State speeches Wednesday night after Capitol Police claimed they had never received an application for a permit from the Madison chapter of the National Organization for the Reform of Marijuana Laws (NORML). Since the early 1990s, medical cannabis activists have stood vigil outside each annual "State of the State" (SOTS) address. The late Madison activist Ben Masel, a frequent Capitol visitor, began the tradition many years ago.
Ben actually never filed a permit application. He had won a couple lawsuits filed against former Gov. Tommy Thompson that established a precedent that under the Wisconsin Constitution, no permit was needed to protest at the Capitol.
In the 2000s, NORML and IMMLY began filing permit apps and were always granted them in a timely manner. The vigils were always peaceful and there were no complaints, even with the usual attendees standing in front of the Assembly Chambers where the speech is delivered.
In 2010, then new Capitol Police Chief Ernest Tubbs granted the permit but required that rather than gather in the area in front of the Assembly chamber, that attendees gather to the right side around the corner. NORML complied but there were no problems and no apparent need for the pushback.
In 2011, for the first Walker administration SOTS, the permit was granted via a last minute phone call from Chief Tubbs. Only myself and another attended, due to a large winter storm. Again, no problems. Gov. Walker himself was asked about medical cannabis on video as he blasted by after exiting the chamber following the speech. Later in 2010, following massive protests against Walker that brought a million people to the Capitol, Walker's Dept. of Administration (DOA) led by former assembly Speaker Mike Huebsch instituted new rules that sharply contradicted the right of free assembly and challenged the precedent set by Ben Masel's lawsuit victory in the 1980s. Huebsch is himself known for, while Speaker, for sending a medical cannabis bill to a committee chaired by then Rep. Leah Vukmir (R-Wauwatosa), an arch-opponent, rather than sending it to that of Rep. J.A. "Doc" Hines, a Republican and a supporter of hemp who would have given the bill a fair hearing. Madison NORML is currently involved in litigation against Huebsch and others over the new public access rules. Madison NORML joined the case after Masel, the original plaintiff, passed away last April.
In 2012, NORML filed for a permit by US mail and email to the DOA around January 4. A Facebook event page was also created. By a few hours before the SOTS, we still had no word from the Capitol Police so myself and a couple other board members visited with the permit point person, Sue Barica in the Capitol PD's basement offices.
To our great surprise and bewilderment, she told us they had received no permit apps either via email or snail mail. Barica, with whom NORML has always maintained a cordial working relationship, advised us that with the new Capitol rules, permits needed to be filed 72 hours before. We pleaded for leniency. She even acknowledged they were discussing the absence of a permit app days before, assuming it was due to Ben's passing. We filled out another app and dropped off a copy of the original that was mailed 3 weeks before. It seemed surprising that the Capitol Police did not monitor Facebook to gather information on Capitol demonstrations, which would have revealed we were again planning to be there.
Not long after we received word the permit was denied due to the 72-hour rule. Nothing more than an apology for the lost permit was later offered by Chief Tubbs himself. Chief Tubbs said that if he made an exception that would make things right for us, he would be accused of favoritism. He also confirmed they had discussed the lack of a permit filing by NORML.
So this meant the cancellation of a two-decades old citizen vigil that allowed ordinary citizens, many of them patients and disabled veterans advocating for medical marijuana, a chance to have personal conversations with elected representatives and state officials. While lobbyists were welcomed inside the chamber, we were pushed back last year and completely denied access this year. No recourse was given despite the state losing two permit apps.
The only consolation came as our group merged with supporters of Gov. Walker's recall in the rotunda and helped them make a great deal of noise to drown out Walker's speech. But the damage was done. Medical cannabis patients lost an annual opportunity to access their lawmakers and speak with them and other state officials face to face. Meanwhile the corporate lobbyists in suits were rubbing elbows with the governor and lawmakers. NORML tells us they are consulting legal counsel as to the next step.
Please link back to this article if you republish it or any portion thereof.
Comments