The Wisconsin Department of Administration ("DOA") has the authority to manage and
Capitol under Wis. Admin. Code ch. Adm. 2. Defendant Mike Huebsch is the
Secretary of the
delegated the issuance of permits to conduct activities in the Capitol, as
well as other
state properties, to the Division of State Capitol Police. Defendant Charles Tubbswas the Chief of the Wisconsin State Capitol Police. Defendants Chris Weiss, Steven B. Mael,
and James Brooks were officers
in the Wisconsin State Capitol Police.
From March 23, 2011, through March 27, 2011, the Plaintiffs were issued a number of
citations by the Defendant police officers for holding signs bearing political content while
standing on the first floor of the Capitol rotunda.
The initial lawsuit challenging attempts to restrict access to protesters and the
On March 1, 2011, approximately three weeks before the Plaintiffs were given thecitations that are at issue in the present case, a number of organizations filed a motion for
temporary injunction (without a corresponding complaint) challenging the constitutionality of the
new policies the DOA had issued to control access to the Capitol. (Lazar's Fourth Aff. Ex.
Transcript from March 3, 2011, oral ruling in
Wisconsin State Employees Union, et al. v. State ofWisconsin, et al.,
Dane County Circuit Court Case No. 11-CV-0990, hereinafter referred to as
"WSEU v, Wisconsin").
In that case, it was undisputed that the Capitol, or at least parts of it, was
government property that, notwithstanding being an "office building," was also a place were the
public could assemble to exercise their rights to free speech.
After lengthy testimony, Hon. John Albert ruled from the bench. Judge Albert found that
the State and the DOA had waived its permitting process because the demonstration grew so fast.