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Scott Walker Uses Capitol Police to Go After First Amendment Rights
It’s Sunday morning and your doorbell rings. You’re a 69-year-old retired female at home alone with your dog. You answer the door. Who do you find there?
If you live in Wisconsin, you find three armed Capitol Police coming to your home in order to issue you a citation for singing in the Capitol, designating you the “leader” because you called out the name of the next song. You are being served a citation – not by mail, but by three police officers – for singing. This happened, and it’s not an anomaly. The only difference is that this wily 69-year-old had the sense to tape it.
This weekend, three Capitol Police issued a citation to a 69-year-old retired woman for participating in a sing-a-long at the Capitol. Watch here:
She wrote on Youtube:
three Capitol Police Officers – two Police vehicles – on a Sunday 11 days after – they told me ‘they designated me’ as a ‘director of the Singalong’ for that one day. I was NOT a designated director for that day. I spontaneously called out some numbers to sing when I saw that there was some confusion on that day. A one day spontaneous helper – not a ‘designated director’.
The recipient of the citation asked the officers a question surely on many taxpayers’ minds, “You guys are in charge of designating the leader of the Sing-a-long now?” There is no money for starving children in Wisconsin, but there is money to track down 69-year-old singers.
The Wisconsin Capitol Police are “throwing stuff at the wall to see what sticks” — in other words, to intimidate people from protesting. Since September, they’ve issued 118 citations to more than 25 protesters (according to the Justice Department). To this end, the Capitol Police issued five citations this past weekend for such serious crimes as chalking and singing.
Lest you think it’s only singers who are getting special treatment from Walker’s henchman (aka; the capitol police, who are just doing what they are ordered to do under their new chief), NO. Walker has also declared war on chalkers.
Yes, ladies who chalk in order to express themselves now face citations and a 30 minute detention without an arrest. A woman protesting the anti-abortion rally on Saturday at the Capitol was issued a citation for chalking, a “serious crime”:
Warning citizens! If you are a friend standing near a chalker and you attempt to show support after an officer arrests said chalker for failing to give her name, you could be charged with obstruction. The Wisconsin Citizens Media Cooperative reported:
A friend of the arrested woman placed her hand on the other woman’s arm (the chalker) in a gesture of sympathy then quickly withdrew her hand.
As Officer Syphard walked away, he stated to the arrested woman that her friend was always obstructing him and he would come back to take her to jail.
Officer Syphard returned shortly with Officer Chris Weiss, and they placed the second woman under arrest. The woman’s husband reached into his coat pocket to get his camera.
Officer Weiss yelled at the man to get his hand out of his pocket and told his fellow officer, “This is serious. Chalking is a crime.”
The friend of the chalker was charged with a misdemeanor for “obstructing/resisting” for putting her hand on her friend’s arm after the officer threatened her friend with arrest for chalking.
Yes, citizens. Chalking is a serious crime, as is singing. Scott Walker knows a criminal organization when he sees one, after all, look at his administrations (not a typo; his previous administration has suffered multiple arrests and convictions).
Citizens concerned about the budget should relax, as the Capitol Police only used two squad cars to transport the three officers needed to cite the singing lady. Too many resources used in the War on Singing? Nothing is too much when you’re trying to intimidate protesters from exercising their First Amendment rights.
This witch hunt is going nowhere other than wasting taxpayer money, with Chief David Erwin’s War on Protesters already failing as prosecutors drop most of the charges against another Sing-A-Long participant:
(A)ccording to Huberty’s attorney, Robert Jambois, the state’s chances of making the remaining charge stick are slim.
“They’ve been throwing stuff at the wall to see what sticks,” he says. “and so far nothing has been sticking. It’s all been sliding off the wall.”
The police better hope that they didn’t detain any of the people they charged for having banners in the Capitol, which a Judge has ruled is not a violation of the rules. When that failed, the state decided to go after the protester for being a part of the Solidarity Sing Alongers, allegedly for not having a permit.
But wait, Wisconsinites may no longer have First Amendment rights, “Prosecutors want Dane County Circuit Judge Julie Genovese to issue a jury instruction that prohibits Huberty from invoking his First Amendment rights during arguments at his trial.”
The state is trying to use this case to go after all of the Solidarity Singers.
The police have a “watch list” naming the people who attend the sing-a-longs, including State Representative Chris Taylor (D-Madison). That will teach you dirty, rotten retirees and public workers not to engage in violent, anti-American activity like singing.
Governor Walker is very serious about cracking down on protests. He dislikes allowing people who disagree with him to assemble and protest. The First Amendment is not precious like the Second.
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OhMyGod
Jan. 14th, 2013 at 3:28 pm
THIS is where our U.S. Attorneys offices should be focusing!!! This is AMERICA??? DISGRACEFUL!!!
Churchlady
Jan. 14th, 2013 at 6:30 pm
How do you know they are not? If you live in WI, file a complaint with the FBI for “selective enforcement of the law” on the Capitol Police.
I did this against a large city police department, and it totally changed the way they enforced the laws against anti-abortion demonstrators who were being let go even after blocking clinic doors. The specter of FBI investigation was a game changer, but it HAD to start with a complaint. I got the help of a supportive City Council member – and that kind of support is easy enough to find in the state leg. there in WI, too.
Try it. You will like it.
Shanadeen Begay
Jan. 14th, 2013 at 3:30 pm
What are the measures to remove this from a personal record? Expressing First Amendment rights should not reflect on a protesters evaluation for credit, jobs, or high-profile positions requiring clearance.
Shiva (Moderator)
Jan. 14th, 2013 at 4:09 pm
You should never be arrested for expressing your First Amendment rights to start with. This woman was arrested for chalking. Putting chalk marks on the ground. I’m sorry she was not arrested she was cited. The guy was arrested for singing. Legally, in a legal place singing.
The least of the worries is whether or not you can get this off your record, you biggest worry is how did it get on your record
SinghX
Jan. 14th, 2013 at 7:36 pm
…”You should never be arrested for expressing your First Amendment rights to start with…”
HA! Tell that to “You-Vets-get-away-from-my-office-off-my-lawn-McCain” who frequently had Iraq war vet “cited” for “talking” to passer-byes in the act of civil protest. These young men and women went to a judge, protested the citations and, got them dismissed…only to find later, they could not get jobs as postal works, census takers, etc. as they had FBI records for their “protest activities” in front of his office before the 08′ election–they found out through FOIA.
djchefron
Jan. 14th, 2013 at 3:30 pm
I cant wait for our freedom loving conservative patriots to come on here and lash out at this blatant abuse of government power.
P.S I don’t have all night.
Shiva (Moderator)
Jan. 14th, 2013 at 4:10 pm
This is the one thing that did gun nuts and patriots should be out screaming about. This is a good test for them to see if they believe in the Constitution for all or just for other people who have short body parts and carry guns
lyman52
Jan. 14th, 2013 at 5:16 pm
I showed this article to multiple gun enthusiasts I know who think that the government is coming after their guns. Unfortunately, they don’t feel the First Amendment is as important as the second and simply say that if these laws come to their area they will fight back. Nevermind the fact that these laws exist AT ALL, and unlike gun control these ARE blatant violations of First Amendment rights
Ingrid Buxton
Jan. 16th, 2013 at 10:48 am
Guns are just self medication for those with the mental illness called paranoia.
Churchlady
Jan. 14th, 2013 at 6:32 pm
I hope you are not holding your breath. You’ll pass out!
robyn ryan
Jan. 15th, 2013 at 12:25 pm
Where ARE all those militia champing at the bit to save us from government tyranny? Come on guys. Lock, load and meet us in front of our Capitol building.
Or show your true colors – red.
djchefron
Jan. 15th, 2013 at 8:15 pm
I thought their true colors were a soft pink highlighted by a sunflower yellow
Dice
Jan. 16th, 2013 at 12:17 am
Color: yellow, not red.
Ingrid Buxton
Jan. 16th, 2013 at 10:49 am
True. People who need guns live in fear.
jeffreyg
Jan. 14th, 2013 at 3:36 pm
so the Wisconsin crime rate is so low that they can spare 3 officers to deliver a citation for singing ?
OldTosan
Jan. 14th, 2013 at 3:50 pm
Yet we can’t figure out how to track millions in the WEDC?
Shiva (Moderator)
Jan. 14th, 2013 at 4:05 pm
There are very few good words that I could ever used to describe a Wisconsin Republican. They are gleefully giving up their own rights by continually voting for Republican governors and representatives. I would be willing to bet that there is not a Republican insight who cares that these people’s First Amendment rights could be taken away. I would honestly bet that. First they came for………………….
How is life under the Koch brothers Wisconsin? Have a good time? You realize that even if you are Republican, the Koch brothers don’t consider you as 3/5 of a human don’t you?
RonK
Jan. 14th, 2013 at 4:08 pm
What I find hilarious is the GOP constantly citing President Obama as a “dictator”… Geez, if POTUS is a dictator, what the hell does that make Walker.?
I am still amazed that the GOP regained control of the state in this last election.. What is wrong with Wisconsinites.??
djchefron
Jan. 14th, 2013 at 4:19 pm
“What the hell does that makes Walker”KING DINGALING!!!!!!!!!!!!!
Churchlady
Jan. 14th, 2013 at 6:33 pm
WI is the state of both LaFollette AND Joe McCarthy. Never did understand that.
It is my understanding that Walker survived individually but the Senate is no longer under GOP control making Walker unable to pass his awful laws. So thee IS hope.
ingaLeft
Jan. 15th, 2013 at 10:04 am
Sorry, the Wisconsin Senate AND House are both under GOP control.
Mike
Jan. 15th, 2013 at 7:30 pm
No sorrier than most of us in Wisconsin for that fact.
Political Fodder
Jan. 15th, 2013 at 12:41 am
As a Wisconsinite and a solidarity singer I can tell you the question should not be what is wrong with Wisconsinites, the question should be what was wrong with the recall elections. The answer is a whole lot.
Ingrid Buxton
Jan. 16th, 2013 at 10:53 am
The state is now so jerrymandered there is no way the house and senate will be Democrat for many many years. All we can do is vote in a Dem for Gov to block all their idiotic Koch inspired laws. The ones they dont pass before 2014 that is. They still have to take away women’s reproductive rights. But they got 2 years to do that and are hard at work on it right now.
Karen Bunn
Jan. 14th, 2013 at 4:27 pm
Next time they should each show up with a gun. Surely no one in that administration is against the 2nd Amendment.
Dorie Mae
Jan. 14th, 2013 at 4:32 pm
It’s comforting to know that in “Fitzwalkerstan” the police are on the job seven days a week. You just never know when those dangerous 69 year olds are going to act up! Even Jasper did his best to help, but was outnumbered.
sarah mangan
Jan. 14th, 2013 at 4:49 pm
I think having now lived in Wisconsin for several years that there is a lack of civil education in the schools ,so these people don’t even know their rights as Americans. They are so scared of not having a job that they will go allong with anything, as long as they don’t have to actually think about it.The elderly are so scared of not being taken care of that they seem to have forgotten that the young need to have living wages in order to have a way to do that.This state seems to be run like a feudal kingdom,and everyone is scared to death of making the royalty mad because there are no laws to protect them,there are they just aren’t being enforced because the police are scared they will be treated the same way as the teachers.It is so sad.I remember America what happened?
Churchlady
Jan. 14th, 2013 at 6:36 pm
Reports from “the front” before the recall were very powerful. The Senate did change hands – Walker no longer has his lapdogs in control – and people, esp. in communities of color are rallying to fight these people now and at the polls in 2014. Not everyone is scared – many are doing GREAT work to overturn this GOP dominance.
Take a deep breath and wade in, too. It’s the ONLY thing that matters now.
Shiva (Moderator)
Jan. 14th, 2013 at 6:57 pm
Oh no, he got his majority back in the 2012 election. If Im wrong someone can correct me but his Dem majority was very short lived
Wisconsin hates itself
djchefron
Jan. 14th, 2013 at 7:04 pm
In the Senate
Republicans – 18
Democrats – 15
legis.wisconsin.gov/Pages...
In the Assembly
Republicans – 59
Democrats – 39
legis.wisconsin.gov/Pages...
Johnny Kayoss
Jan. 15th, 2013 at 7:39 am
It’s not that WI hates itself, it is that it uses voting machines programmed by Command Central, a private company located in the same strip mall in MN as Michelle Bachman’s campaign and was founded by a programmer who was forced to leave her former job for refusing to take an ethics examination.
Yes, I am saying that the elections in WI are rigged, (and may have been for over a decade) and there is a mounting pile of evidence that backs me up on this. Unfortunately, the DPW refuses to be loud about this because they use the same system at times too (see the Barrett election for the recall primaries).
Gary S
Jan. 14th, 2013 at 5:04 pm
Well, what do you expect? You keep handing more and more power to the government, believing that no one would ever abuse that power, then you’re shocked when they do! Remember, any power you give to YOUR politicians, you also give to the opposition when they rise to power.
Think carefully about that.
Shiva (Moderator)
Jan. 14th, 2013 at 5:07 pm
I would say
“any power we give to OUR politicians, we also give to the opposition when they rise to power.”
“We keep handing more and more power to the government, believing that no one would ever abuse that power, then we are shocked when they do!
However the government you are complaining about is the state government that most of the right wants to give more power too. Personally given the state of the Koch states, I dont want a thing given to the states
Evermore Jones
Jan. 14th, 2013 at 5:14 pm
Hey guys, between this and the paul ryan story on the home page I’m beginning to think the rethugs think that protesting is a bigger crime than rape. Thoughts?
Terri
Jan. 14th, 2013 at 5:40 pm
Agree because in their mind, protesting is against their power. Rape is a win for them because it scares women.
despair
Jan. 14th, 2013 at 5:14 pm
You know what’s riotously funny? These same protestors could have shown up at the capitol armed to the teeth. Just shown up. Not saying anything, not singing, not chalking. And that would have been fine.
Anomaly100
Jan. 14th, 2013 at 5:22 pm
He’s such a dick. I’m sorry, did I type that out loud?
JR
Jan. 14th, 2013 at 5:36 pm
Imagine the reaction if the NRA was funded by the chalk manufacturers, instead of Smith Wesson. Chalkers would be showing up at the Wisonsin state house with 30 chalk stick magazines, and semi-automatic chalkers, while Wayne LaPierre would be thundering about “our constitutionally protected right to chalk”! Conversely, these singers and chalkers need to show up with 9 mm pistols strapped to their hips, while they protest. Scott Walker would never dare to send police after them. If you’re packing, you are free!!!
Frank Furter
Jan. 14th, 2013 at 8:16 pm
I can imagine if the UW students got involved, there would be massive singing and chalking throughout downtown.
Winston Smith
Jan. 14th, 2013 at 10:57 pm
What are the names of the officers? Post them publicly with addresses and see how they like it.
Lenore Lopez
Jan. 14th, 2013 at 11:31 pm
Is Scott Walker personally paying the police their wages or are the taxpayers?
Shiva (Moderator)
Jan. 14th, 2013 at 11:40 pm
No, they are capitol police. Work at the state capitol
Stumptownhero
Jan. 15th, 2013 at 12:09 am
It’s only a matter of time before the Capitol Police have to pay out some damage awards for FALSE ARREST and violating these peacful protesters First Amendment rights. Sadly the victims are going to have to spend thousands to win their day in court.
I wonder what the gun nuts think about this “infringement”?
MTinMO
Jan. 15th, 2013 at 12:21 am
All the right wingers are screaming about Obama “taking away their rights & freedom” when in fact it is the Republicans doing it. They need to start worrying about that, because next it will be them.
Tina
Jan. 15th, 2013 at 7:05 am
Could someone,anyone,please tell me again, just what the heck country I am living in?
Johnny Kayoss
Jan. 15th, 2013 at 7:24 am
Every one of these pigs (it would be a disrespect to law enforcement officers to refer to these law breakers as cops) need to be charged with Treason. If not, we need to replace Ozanne. The whole chain of command as well.
They should be held account to the full extent of the law, and Treason is a Capital offence. That every Capitol “Police” is guilty of. Neuremburg principles apply.
Miriam Ben-Shalom
Jan. 15th, 2013 at 9:20 am
I am a ‘dangerous’ 65 year old teacher at Milwaukee Area
Tech. College. This is horrid. Where does one go to
protest? I am willing to be arrested. I will engage in
non-violent civil disobedience. I will ask for a jury
trial. I can’t begin to express my anger about this.This
is not the America I served in the military to protect.
People need to stop this black boot behavior now.
Eric
Jan. 15th, 2013 at 9:54 am
Wow, they look like the NYPD in training. No lie.
signjay
Jan. 15th, 2013 at 11:42 am
I come from Northern Wisconsin, though I don’t live there anymore. So many of my kin love Walker, and their bellicose , racist, fascist attitudes have found a hero and standard bearer in this tyrant, Il Duce of America’s Dairyland. These are the people whose only concern for the constitution is their right to own as many guns as possible, to “defend” themselves against the gay-Indian-Muslim-feminist conspiracy. These are the people who over the years have sported bumper stickers like “Save a Fish-Spear an Indian”. Sick people, and they vote.
ramses09
Jan. 15th, 2013 at 12:04 pm
Walker is a control freak bottom line, oh, and a cheat.
What a prick he is! Actually, he probably does not even have one, if he does it’s so tiny even he can’t see it. lol
kbj
Jan. 15th, 2013 at 12:21 pm
How did you idiots elect this puppet dictator twice?
Susan Savage
Jan. 15th, 2013 at 1:05 pm
Free speech is OK for corporations but not ordinary citizens who are protesting at their own State Capitol? You can’t have a piece of chalk or a sign but you can bring loaded guns? Singing is a crime? Popular vote is discounted because of gerrymandering? Sounds like we’re now living in Iran or North Korea. What ever happened to government OF, BY, and FOR the PEOPLE?
Civil Rights
Jan. 15th, 2013 at 5:15 pm
Defacing public property is just wrong no matter what you use, Chalk or latex paint. You want to protest and express yourself in writing… Use a sign.
I’ve heard the “we are not taking away your rights” before regarding firearms. That is another discussion.
Just so we are clear, being issued a citation for civil protest is not an arrest. It is in fact a civil process, which means in simple terms you will not go to jail as punishment. If you are found guilty, you will pay a civil forfeiture (money). If you fail to pay, you will get the opportunity to become a guest of the county while you sit in jail working off your monetary sanction. Last time I checked it was worth about 25.00 a day. Guess is it is no fun when someone allegedly tramples your rights now is it. Or wait is it just you being too sensitive in that you get to exercise your right under the first but I don’t under the second….
Just Sayin…
Shiva (Moderator)
Jan. 15th, 2013 at 5:45 pm
Really? they took your guns away?
MKEgal
Jan. 15th, 2013 at 5:57 pm
I agree that people whose conduct tends to create a disturbance (such as the people singing loudly at the Capitol, so other people have difficulty working or talking in the building) should at least be ticketed, if not arrested, for disorderly conduct. But it should be done on the spot, and arrest only after being told to lower their voices, then being ticketed, if they don’t stop. (So they have 3 chances, 3 strikes.)
People holding signs or writing with chalk are probably not being disorderly, & it’s certainly not a crime. Get a civil rights lawyer & go after the officers & department.
LookingForward
Jan. 15th, 2013 at 6:54 pm
Who made singing against Wisconsin law? Who would introduce such a ridiculous bill an pass it and pay law enforcement to serve citations? So instead of speeders they watch out for singers?
Mike
Jan. 15th, 2013 at 7:25 pm
Now I’m not an attorney, but I believe a case could be made that several persons being cited, but not prosecuted, could be a class. That class is having their first amendment rights repressed by continual harassment by law enforcement. In addition this action would constitute a prior restraint on others expressing in similar manner.
Dice
Jan. 16th, 2013 at 1:07 am
My father, Chief Robert Hamele, was the first chief of the WI Capitol Police. He died last week, and we laid him to rest this afternoon.
In the 1980s, during protests over the investments held in South Africa by the UW and state investment funds, the Governor’s office was taken over and occupied. My Dad, while he likely did not agree with what the protestors were saying, basically told them they could not stay in the office but found them another room nearby where they could spend the night and continue their protest without citing or arresting anybody.
I’m glad my Dad did not hear or read about Chief David Irwin and his palace guard before he passed. It would have broken his heart to see the department he built from scratch used to deny peoples’ rights instead of facilitating them.
The Capitol Police, along with the Columbia County Sheriff and the Portage WI PD, provided an honor guard for the funeral.
Dice
Jan. 16th, 2013 at 1:11 am
Sorry, should be:
My father, Robert Hamele, was the first chief of the WI Capitol Police. He died last week, and we laid him to rest this afternoon.
In the 1980s, during protests over the investments held in South Africa by the UW and state investment funds, the Governor’s office was taken over and occupied. My Dad, while he likely did not agree with what the protestors were saying, basically told them they could not stay in the office but found them another room nearby where they could spend the night and continue their protest without citing or arresting anybody.
I’m glad my Dad did not hear or read about Chief David Irwin and his palace guard before he passed. It would have broken his heart to see the department he built from scratch used to deny peoples’ rights instead of facilitating them.
The Capitol Police, along with the Columbia County Sheriff and the Portage WI PD, provided an honor guard for the funeral.