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Since July 24, State Capitol Police Chief David Erwin has been ordering the daily mass arrests of singers in the capitol rotunda, issuing over 300 citations for "unlawful assembly." In a 40-page ruling in mid-July, a federal judge threw out the Walker administration's rules that groups larger than four require a permit to assemble in public spaces. Judge Conley also wrote in detail about how the Wisconsin state capitol has traditionally been used as a public forum for the people to meet and peaceably air their grievances to their government without fear of arrest or intimidation. Article 1, Section 4, of the Wisconsin State Constitution prioritizes the rights of free speech and free assembly as fundamental rights of every citizen of the state. By arresting nonviolent dissenters for exercising their constitutional rights, Chief Erwin has betrayed the law enforcement oath, failing to uphold the constitution.
Since Judge Conley isn't ruling until January 2014 on new restrictions that forbid groups larger than 20 from assembling without a permit, Chief Erwin is using the lack of judicial precedent to arbitrarily arrest any participant in the Solidarity Singalong. Arrestees have included a sitting city alder, a school board member, two firefighers, teenagers, grandmothers, teachers, journalists, mothers with small children, and many others. On August 26th, two brothers, 25-year-old CJ and 22-year-old Damon Terrell, were both violently arrested in a shocking display of police brutality previously unseen in the state capitol. Even local TV stations have dedicated editorial time to criticizing the Capitol Police Department for "overkill."
This video clearly shows police arresting CJ Terrell for singing. He sits down and refuses to cooperate with an illegal arrest, asking instead for his citation to be issued in the rotunda rather than going through the process of being handcuffed and processed in the capitol basement. His younger brother, Damon, was taking pictures and observing when Capitol Police advanced on him. In the video, you can see him backing away with his hands up before four officers tackle him to the ground without provocation. One officer claimed he was injured while arresting Damon, and Damon is being tentatively charged with felony battery of an officer. At the time of this writing, Damon is still being held in Dane County Jail without bond. While some local media chose to only get the DoA's account of what happened, several eyewitness accounts, including my own, attest that Damon's arresting officer got a small cut on his arm from a reporter's watch as he lunged after Damon, whom he decided to blame for the small injury. Through his brutal means of enforcement, Erwin has failed the oath he and his department swore to uphold.
Chief Erwin has also directly contradicted Department of Administration policy when it comes to the arrests of singers who don't have a permit. When asked in December of 2011 whether or not violators of the permit policy would be arrested, former DoA spokeswoman Jocelyn Webster said, "There's a fundamental misunderstanding of this policy if there was a belief arrests were going to stem from this policy." She was also quoted in a different report saying, "No one is going to be arrested for not being in compliance with the permit policy. It's kind of funny that anybody even thinks that they would be. The standard by which law enforcement will take law enforcement action remains the same." By violating the policy of the agency that oversees his department, Chief Erwin has violated the law enforcement oath, refusing to hold himself or his deputies accountable for their actions.
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http://readersupportednews.org/opinion2/287-124/19108-the-wisconsin-state-capitol-police-should-be-abolished
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