As I previously reported, Wisconsin Governor Scott Walker's Department of Administration (DOA) has decided to deal with ongoing daily protests in the State Capitol by rewriting the Administrative Code that governs access to the building. This is in response to a string of embarrassing losses in court after they issued over 125 citations to people singing or holding signs and banners. The DOA has yet to see even one of their tickets successfully prosecuted.
The DOA has been working with the Republican Attorney General's office since December, 2012 to alter the code. They plan to unveil their "Emergency" changes to that code on March 19th. That happens to be the same day their homework is due in federal court in response to a lawsuit filed by the ACLU of Wisconsin on behalf of a University of Wisconsin professor who says his rights have been violated by the department's inconsistent and confusing enforcement of the current access rules.
The Solidarity Sing Along, a weekday noon-hour musical protest that just celebrated its two-year anniversary on March 11th, is the main target of the Attorney General and the Walker Administration. The current Chief of the Capitol Police has been attempting a crack down on the singers since last summer, but has been unsuccessful in chasing the dedicated crooners off the Capitol grounds despite issuing many dozens of citations.
The singers gather in the rotunda, or outside near the Capitol, every weekday at noon to sing one hour of songs supporting labor rights, environmental causes, first amendment rights, and social justice causes.
Usually, changes to Wisconsin's Administrative Code require public notice, hearings, and publication before they take effect. Exemptions are provided in cases where "preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures."
It's hard to imagine how the DOA will justify, after two years without any significant issues, that the singing citizens suddenly pose an immediate threat to public safety, but the truth is they don't have to justify it. Their motives have nothing to do with public safety or the rule of law. They're simply embarrassed that people are in the building spotlighting their corruption every day. It makes the lobbyists uncomfortable and less likely to open their wallets.
It's doubtful the new rules will result in court rulings favorable to their side, but they don't care. Their strategy is to simply harass anyone who dissents, anyone who voices opposition. Changing the rules is like pushing a reset button. They get to start over, which means more tickets, more hassle, more legal fees incurred by the singers.
Good luck with that, Walker. Today was Sing Along #600. It was held outside in a cold rain. About 30 people came. These are not people who are going to back off without a fight.
Oh, and the movement is growing...http://www.youtube.com/... (WARNING: Do not try playing a banjo or tuba inside the Capitol. Very dangerous.)
UPDATE: Even though the DOA plans to release the new version of the administrative code on March 19th (probably as part of their response to the ACLU's lawsuit) it's not clear exactly when the new code and related access rules will be effective. One source tells me that the DOA does have some hurdles to jump even when implementing emergency rules. At this point it looks as if the first time the singers will be singing indoors under the new rules is March 25th. If so, there will probably be a much larger crowd than usual that day and plenty of media coverage.