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March 2, 2011

Blocking access to Capitol building defies court order and violates constitution

Filed under: Uncategorized — Greg in cheeseland @ 5:52 pm

Author’s note:
I was there at the Capitol in Madison yesterday. Despite what the DOA and local news says, no one was being allowed into the building. That is a clear violation of the state constitution and now, a court order. The Walker administration has gone WAY too far.

Excerpt:
Demonstrators in Madison have been given limited or no access to the Capitol building since Sunday. That is a clear violation of the Wisconsin state Constitution, and now it is a violation of a court order issued yesterday.

On Sunday, the Wisconsin Department of Administration (DOA) closed the state Capitol building for cleaning and stated that it would reopen to the public the following morning at eight. The building has since remained closed to the general public. Activists who left the building claim that windows are being bolted shut and the ends of the bolts cut off to prevent food from being passed in to the remaining demonstrators.

Reports of limited access to the building by the DOA and local media remain somewhat contradictory with those of activists at the scene, who claim that the general public is not being allowed into the building. Strangely, this request was also posted on the DOA’s web site on Tuesday:

The King Street entrance to the Capitol has become congested. Capitol police request the assistance of the people in the area. People in the area of King Street need to exit the immediate area so that we can facilitate the public entry into the building.

Apparently no one informed DOA officials that the people outside of the Capitol are trying to get in.

Blocking, and in most cases, even limiting access to the Capitol building is illegal under the Wisconsin state Constitution:

Article I, §4 – ANNOT.
The legislature cannot prohibit an individual from entering the capitol or its grounds. 59 Atty. Gen. 8.

Article I, §4
Right to assemble and petition. Section 4. The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

At hearing Tuesday afternoon in Dane County Circuit Court, Judge Daniel Moeser ruled for the people and the Constitution when he issued a temporary restraining order to reopen the Capitol building until a trial court can schedule a hearing. The order says the building must be open to the public during business hours and when “governmental matters, such as hearings, listening sessions, or court arguments are being conducted.”

For some “leaders” and government officials, abiding by constitutional law and complying with court orders are useful only when that serves their agenda. If not, then the constitution becomes a useless piece of paper and court rulings are relegated to the realm of opinion.

The Walker administration has crossed another line. That building does not belong to him or the legislature. It belongs to the people of Wisconsin and as long as they are not violent, he has no right not to let them into their building. In locking the doors of the peoples’ capitol building, the peoples’ rights are being usurped.

Read more, get links, slideshow and video here: Madison Independent Examiner – Blocking access to Capitol building defies court order and violates constitution.

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