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Judge Markson Finds Capitol Rules Unconstitutional

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Judge Markson Finds Capitol Rules Unconstitutional

Postby SquirrelyJ » Wed Feb 05, 2014 6:36 pm

Judge Markson issued a written ruling dismissing charges against Michael Crute and others who were arrested last summer in Walker's failed Capitol Crackdown. Markson found the now-defunct emergency rules issued by the DOA under Administrative Code 2 section 2.14(2)(vm)(5) unconstitutional on its face.

Approximately 400 open charges are expected to be dismissed following this decision.

Congratulations to Jeff Scott Olson, Michael Crute, and everyone who has participated in and supported those of us who continue to exercise our 1st, 4th, and 14th Amendment rights at the WI State Capitol!

Crute and Olson press release:

http://wcmcoop.com/2014/02/05/judge-mar ... s-charges/

Markson written decision:

http://www.dailykos.com/story/2014/02/0 ... howAll=yes
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby jman111 » Wed Feb 05, 2014 6:59 pm

The state never amended the rule to conform to the preliminary injunction. If the state wished to penalize citizens for speaking and assembling without a permit, it was required to do so under a rule that is constitutional.

Love it.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby jman111 » Wed Feb 05, 2014 7:01 pm

Finally, there is a fundamental problem with the state’s position that the rule can survive as long as the state follows its interpretation of the federal court’s preliminary injunction. It is this: people should be able to know, by reading the law, what limits the state has set on their right to free expression, and whether their conduct will be considered unlawful and subject to penalty. People should not have to wonder how the agency charged with enforcing the rules will decide to interpret or apply them.

(my emphasis)
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby Lily » Wed Feb 05, 2014 10:17 pm

jman111 wrote:
The state never amended the rule to conform to the preliminary injunction. If the state wished to penalize citizens for speaking and assembling without a permit, it was required to do so under a rule that is constitutional.

Love it.


Wisconsin citizens have a right to speak and assemble without a permit. BITE IT FITZWALKERSTAN. If you can't take the heat get the heck out of the kitchen.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby rabble » Thu Feb 06, 2014 9:51 am

I'm glad for the decisions and all that but the Walkerites knew from the start that it wasn't going to fly. It was just an harassment tactic which in my opinion only partially succeeded because some of the people they pissed off had the motivation and time to take it through the courts. The primary goal was to instill fear. And they did.

Can't wait to see their next excuse for the use of intimidating thuggish behavior.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby wack wack » Thu Feb 06, 2014 10:13 am

rabble wrote:I'm glad for the decisions and all that but the Walkerites knew from the start that it wasn't going to fly. It was just an harassment tactic which in my opinion only partially succeeded because some of the people they pissed off had the motivation and time to take it through the courts. The primary goal was to instill fear. And they did.

Can't wait to see their next excuse for the use of intimidating thuggish behavior.


Don't forget: come 2016, the narrative will be that Walker crushed the continuing opposition; the fact that Walker et al. were subsequently crushed in court will be completely lost.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby Francis Di Domizio » Thu Feb 06, 2014 11:15 am

wack wack wrote:Don't forget: come 2016, the narrative will be that Walker crushed the continuing opposition; the fact that Walker et al. were subsequently crushed in court will be completely lost.


This

Winning this particular legal battle isn't going to light a fire in anyone's underoos that weren't already blazing to begin with. Hell, I wouldn't be shocked to see Walker use it himself: "I'm trying to fight these thugs, but the liberal Dane County judges are bought by the unions"
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby Henry Vilas » Fri Feb 07, 2014 11:31 am

In a follow-up "moot ruling," Markson slams the Walker administration (again).

As if ruling against the Gov. Scott Walker administration on constitutional grounds wasn’t enough, the judge who threw out 29 tickets against singers protesting at the state Capitol Wednesday also took a whack at the state for altering citations in cases where in which police issued the wrong charges.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby Henry Vilas » Tue Feb 18, 2014 10:50 am

It looks likely that more citations will be dismissed in other Dane County courts.

In what promises to be another blow to the Walker Administration’s crackdown on Capitol protesters, a Dane County judge on Friday told a state prosecutor that he needs to come up with a justification for pursuing tickets against singalong participants.

Otherwise, Circuit Judge Frank Remington wrote, he’s likely to follow the lead of fellow Judge John Markson, who in a decision in the case against singer Michael Crute two weeks ago threw out 29 tickets on constitutional grounds.

“My predilection is to apply the holding in Crute to the cases (in his court),” Remington wrote in the letter to Assistant Attorney General Brandon Flugaur.

He gave Flugaur until Feb. 28 to “show cause why” the seven cases should not be dismissed.

According to attorney Patricia Hammel, Circuit Judge Maryann Sumi also plans a Feb. 28 ruling on whether or not to dismiss several cases.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby rabble » Tue Feb 18, 2014 12:06 pm

That might be a good talking point for the next election, if Burke can get it condensed down to ten or twelve easily understood syllables.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby Henry Vilas » Wed Feb 26, 2014 10:46 am

Since the old rules have been adjudicated as unconstitutionally broad violations of the rights to assemble, speak and petition our government for grievences, the Walker administration is attempting to rewrite them.

Here are some examples:
They set a noise limit on 85 decibels for any event — about the level of traffic, or a window air conditioner — and a penalty of up to $500 for violating the threshold.

Additionally, signs are limited to 28 inches unless the holder gets written approval from the Department of Adminstration.

And the rules also give police the authority to deny events for which participants have given notice, just like they can deny permits, which the ACLU says violates the terms of the federal court agreement that has allowed the sing-along to proceed unimpeded since October after months of hard-line police enforcement.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby minicat » Wed Feb 26, 2014 11:52 am

I hope the Capitol Police are preparing to arrest groups of schoolchildren, then, because they are likely to be louder than 85 db.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby Henry Vilas » Wed Feb 26, 2014 1:08 pm

minicat wrote:I hope the Capitol Police are preparing to arrest groups of schoolchildren, then, because they are likely to be louder than 85 db.

They will just arrest their teacher.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby rabble » Wed Feb 26, 2014 1:24 pm

Henry Vilas wrote:
minicat wrote:I hope the Capitol Police are preparing to arrest groups of schoolchildren, then, because they are likely to be louder than 85 db.

They will just arrest their teacher.

I don't think you guys understand how selective enforcement works. First they have to check the teacher's background and party affiliation.
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Re: Judge Markson Finds Capitol Rules Unconstitutional

Postby Francis Di Domizio » Wed Feb 26, 2014 1:52 pm

rabble wrote:
Henry Vilas wrote:
minicat wrote:I hope the Capitol Police are preparing to arrest groups of schoolchildren, then, because they are likely to be louder than 85 db.

They will just arrest their teacher.

I don't think you guys understand how selective enforcement works. First they have to check the teacher's background and party affiliation.


Rabble, are you implying that a teacher from Oconomowoc is less like to be arrested then a teacher from Milwaukee?
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