Still more arrests at the state Capitol for simply holding up signs. Lock 'em up, dissent will not be tolerated under the Walker Authority, and I'm not kidding anymore. From WKOW:
But there's more; a judges ruling that could affect prosecution via the heavy hand of the state justice department and JB Van Hollen, from the Daily Kos:
Yesterday a judge issued a decision in a first amendment suit brought by some protesters regarding an incident that happened last year. The decision was made widely available today. The lawsuit was dismissed, BUT THE JUDGE IS CLEAR ABOUT THIS:
"...the language of § Adm. 2.07(2) does not prohibit the Plaintiffs' conduct. The title of the rule is 'exterior and interior displays and decorations.' The text of § Adm. 2.07(2) states that the DOA's express written permission is required for a sign to be 'erected, attached, mounted or displayed.'Instead, as is generally known, the Capitol rotunda is frequently a place where freestanding artwork and such things are showcased, especially around the holiday season. Thus, the terms of § Adm. 2.07(2) does not prohibit the Plaintiffs' conduct. Second, the DOA's new Facilities Access Policy supports the conclusion that § Adm. 2.07(2) did not apply to the Plaintiffs' conduct. (Lazar's First Aff. Ex. C). The Policy defines an 'exhibit' as '[a]ny display of... signs or banners not held by an individual.'"
"Here, the Plaintiffs were issued citations for holding a sign on the first floor of the rotunda. As such, their signs were not 'erected, attached, [or] mounted,' which therefore means that their actions could only fall within the text of § Adm. 2.07(2) if their signs were 'displayed.' However, the word 'displayed' implies something more than an individual holding a handmade sign over their head.
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