Protesters choosing to assemble in the state Capitol will no longer be bound by permit restrictions after a lawsuit regarding the controversial Capitol assembly permitting rules ended in a settlement Tuesday.
Two protesters, including University of Wisconsin-Madison professor Michael Kissick, brought the federal case against the Wisconsin Department of Administration with the help of the American Civil Liberties Union of Wisconsin.
The lawsuit challenged the DOA’s administrative rules requiring groups of four or more people to obtain an assembly permit from the DOA before gathering in the state Capitol. A preliminary decision from U.S. District Court Judge William Conley issued in July increased the necessary number to 20 or more people.
Soon after the decision, the Capitol Police began arresting members of the Solidarity Singers, a group of singing protesters, because the group refused to obtain a permit for its gatherings in the Capitol rotunda.
The arrests culminated in a contentious stretch between July and September where protesters faced off with Capitol Police over what protesters said was their First Amendment freedom to assemble.
Tuesday’s settlement would change the process for assembling to only require the groups to notify the DOA two days before a group of 12 or more plans to assemble in the Capitol. All groups of less than 12 would not be required give advance notice, but everyone who plans to assemble still could apply for a permit.
Mike Huebsch, the DOA secretary, said in a statement the settlement represents the DOA’s efforts to maintain the Capitol as a place of business.
“The permit process has been repeatedly upheld as constitutional by the courts, and today’s settlement demonstrates ACLU’s agreement with the process as well,” Huebsch said in the statement. “We have taken reasonable steps to ensure all visitors and citizens can enjoy our beautiful Capitol building, and I’m hopeful we can all move forward together.”
ACLU Legal Director Larry Dupuis said the settlement is a “victory” for protesters because it imposes a less restrictive notice process.
“This settlement halts the state’s unwarranted punishment of individuals who gather inside the Capitol to exercise their free speech rights,” Dupuis said in the statement.
