September 14, 2012

Capitol Protests Often Cross the Line

The right to freely express an opinion, petition the government for redress of grievances, or peaceably assemble to promote a political idea is the foundation for representative democracy in these United States.  The Founding Fathers understood the oppressive nature put upon them by a tyrannical government, and in turn, codified and affirmed this right for a new nation and its citizens.  Each of us should uphold and defend the right to free speech vigorously, as it serves as the basis for a free society. 

With this right, though, comes a certain amount of responsibility.  Over the years, the boundaries of first amendment rights have been tested, and in some cases, the Courts have determined which types of speech should be protected, and which types may cross the line into something more divisive, or dangerous. 

Here in the State Capitol, we have witnessed turbulent times and outpourings of dissent by some over changes in budgetary policies made by the Governor and Legislature.  Those changes were implemented to deal with massive deficits and out of control government spending when there was no money to spend.  Although time has now proven those changes were necessary, and even beneficial, some believe otherwise and continue to air their disdain in the Capitol, often times on a daily basis.  That is their right to do and no one wishes to prevent them from expressing their opinion. 

But over time, there has been a change in attitude by some who disagree with the change in course made by the Governor and Legislature.  This new attitude borders on intimidation, as some have gone so far to launch personal attacks targeting individuals, their families, and their property. Those who have adopted this new approach have crossed the line of political dissent and moved into a more dangerous area of harassment of not only elected officials, but the public at large.  All the while, though, they cloak themselves under what they believe is the right to free speech. 

Over the last year or more, the harassment by these fringe protestors has been ruthless. Visitors to the Capitol - including children - have been taunted, legislators and their staff have been screamed at, and general workers within the building have been subjected to daily episodes of over-the-top shouting matches.  People have been cursed at, stalked, and intimidated on a regular basis.  Daily legislative proceedings have been interrupted with outlandish behavior, and protestors have routinely disrupted committee hearings, floor sessions, meetings, and even school group gatherings. 

This small band of agitators have gone out of their way to create a hostile environment within the Capitol whereby others who may wish to express their opinions here – or simply visit and tour the Capitol – do not.  By doing so, they deny others their free speech rights through acts of intimidation and staged events that dissuade others from participating in activities in and around the Capitol.  Since everyone owns the State Capitol, no one solely owns the State Capitol.  Yet by their actions, these protestors effectively deny others of their right to access the state house.   

For example, at a recent Red Cross blood drive in the rotunda, some protestors infringed upon space the Red Cross was permitted to use.  The Red Cross went through the appropriate channels and obtained a permit to use an area on the first floor for collecting blood donations.  Unfortunately, some of the regular protestors stood nearby, holding signs and making general abusive comments, and even directing those comments towards Red Cross volunteers.   That clearly crosses the line. 

During the past year and a half, Capitol Police have given warnings, made arrests, and issued citations, ranging from disorderly conduct to resisting arrest.  Those citations are then submitted to the Dane County District Attorney’s office, but for whatever reason, the majority of the citations have been dismissed.  As a result, many fringe protestors believe they have carte blanche to do and say whatever they want, whenever they want, with little to no regard of the repercussions for their disruptive behavior. 

Even members of the press corps are not exempt from such harassment.  In fact, one such member recently moved their office outside the Capitol building after being harassed daily by a protestor who shouted obscenities and sang songs about their father – a long-time member of the Capitol press corps – who recently passed away.  Other members of the press and legislative staffers have also stated their need to leave the building for peace of mind whenever the protestors begin screaming relentlessly throughout the building halls and chambers.  But much of that may soon change. 

Recently, a new Police Chief was hired, replacing the former Chief who had been highly criticized for his passive attitude both during the height of the protests and even with the continuing harassment by the small faction of protestors who remain.  The new Chief has made it publicly known that things will change and the rules of the Capitol building will be enforced.  In addition, civil citations will be sent to the Department of Justice, rather than the Dane County DA's office, in an effort to uphold his enforcement actions. 

The new Chief is reminding all those who wish to gather as a group for such protest events of the permit policy in place for more than thirty years.  Since 1979, permits have been required of all groups planning to hold an event at the Capitol.  The permit process is in place for many reasons and ensures groups with a permit have access to necessary space, while allowing the Capitol police to be properly staffed to deal with any safety concerns that may arise in the building during such events. 

The new Police Chief is a welcome change to address the chaos initiated by those who wish to push the boundaries of free speech and civil discourse.  The intimidating tactics used by some protestors needs to be stopped.  The State Capitol is a public building, open to all who wish to visit with elected officials, petition their government, or simply attend a festive occasion.  It should available and accessible to all, not just some.  Hopefully, these new enforcement measures and attitude will restore civility to the State Capitol and return it to a place where all people can speak freely, and enjoy the people’s house for all it has to offer. 

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Sen. Kedzie can be reached in Madison at P.O. Box 7882, Madison, WI 53707-7882 or by calling toll-free 1 (800) 578-1457.  He may be reached in the district at (262) 742-2025 or on-line at www.senatorkedzie.com