Who's Unintimidated? A Tale of Two Books

Many of you who've read previous posts in this blog know that I participate as often as I can in the Solidarity Sing Along, which has been singing songs of protest at the Wisconsin State Capitol every weekday from noon to 1 since March 11, 2011 (toward the end of that little uprising we had going on at the time). And many of you are no doubt aware that our ignominious governor, Scott Walker, has presidential aspirations, and like many such hopefuls he has written a book (with the help of a ghostwriter) titled "Unintimidated: A Governor's Story and a Nation's Challenge."

According to the Wisconsin Gazette:

Gov. Scott Walker’s new book isn't exactly a tell-all. In fact, it glosses over or leaves out many of the most important pieces in the story related to his successful drive to destroy public unions and his subsequent recall battle. ...

"I've never met anyone who wants to be president more," said U.S. Rep. Mark Pocan, a Democrat from Madison who served in the state Assembly during the union fight. “We knew the book was coming. We know he’s traveling all over the country. It would be nice if he put even a portion of that energy into creating jobs in Wisconsin."

In fact, Walker is seldom even in Wisconsin, and when he is, he keeps his appearances brief and well guarded, lest he should suffer the indignity of being confronted by his singing detractors. Walker and the state Department of Administration have gone to great lengths to silence the singing and stifle dissent, all to no avail. As we like to sing, "Until that day when justice holds sway, we're not going away!"

During July and August of this year, more than three hundred arrests were made by the Capitol Police: 350 citations were issued, and 16 criminal charges were filed. Those targeted were not only participants but even just observers and those photographing the sing alongs. Journalists, senior citizens, and teenagers were among the arrested. Handcuffs were used as well as "pain compliance" techniques, although the charges amounted to little more than traffic citations.

Arrest of CJ Terrell. Photo by Erin Proctor

The Progressive describes two of the arrests which were especially violent:

[The Capitol Police] used pain compliance on CJ Terrell to make him leave the rotunda after he was told he had been identified as a participant in an unlawful event. CJ was charged with obstruction and resisting arrest and released from jail a $701 bail later in the afternoon.

At the same time CJ was being arrested, Capitol Police tackled and drove to the ground his brother Damon, who was there to photograph arrests. Damon was charged with felony battery of a police officer and taken to jail.

Rather than discouraging participation, the violent crackdown induced more Wisconsinites to come to the capitol to show their support for the sing along. The day after the Terrell brothers were arrested, more than three hundred filled the capitol rotunda.

Last month, Walker "threw in the towel" in the words of Matthew Rothschild of The Progressive.

His administration settled a lawsuit with the ACLU of Wisconsin. As part of the agreement, protesters no longer need to have a permit to protest in the state capitol. All they have to do is notify the administration. Nor do they have to assume any liability, as they were required to do before.

In response to all the intimidation tactics and in anticipation of Walker's soon-to-be published work of fiction, some of the thoroughly uncowed singing patriots have put together a photographic account of the Solidarity Sing Along, entitled "Unintimidated: Wisconsin Sings Truth to Power," which is due to be published at the same time as the governor's. Whereas Walker's book oozes gubernatorial delusions and presidential pipe dreams, from the pages of this book emanate the people's aspirations: for truth, fairness, and transparency, for responsive government of, by, and for the people.

Photo by Michael Matheson

Several extremely talented inveterate citizen photojournalists have photographed every single one of the Solidarity Sing Alongs, so there were literally thousands of photos to choose from. Ryan Wherley, a frequent SSA participant who has from time to time contributed to this blog, has supplied the text that accompanies the photographic account of the longest-running singing protest in history. Proceeds from sales of the book will go to the First Amendment Protection Fund to help defray court costs for the many who have been arrested standing up for free speech in the Wisconsin State Capitol. Don't miss this opportunity to get this extraordinary account of the Solidarity Sing Along and to support free speech and freedom of assembly at the same time.

So, you tell me, who's unintimidated in Wisconsin, and who's been doing the intimidating?

Guest Post: Zoltán Grossman: An Even Better Circus

Guest post by Zoltán Grossman
Zoltán Grossman is a Professor of Geography and Native Studies at The Evergreen State College and a civilian supporter of Veterans for Peace who was attending the Vets for Peace Convention this week in Madison and is on the board of GI Voice/Coffee Strong. He was arrested at the Wisconsin State Capitol during the Solidarity Sing Along on Thursday, August 8, 2013.

I was arrested for singing Thursday at the Wisconsin State Capitol. I joined the daily Solidarity Singalong in the Rotunda at noon, on a break from attending the Veterans for Peace Convention. The police declared the Singalong an “unlawful assembly” because it had more than 20 people, then marched in to arbitrarily arrest people. I had not intended to get arrested.

Zoltán Grossman being arrested by the WI State Capitol Police.
Photo by Jenna Pope

I was singing a bit, but then just observed and took video and photos of the Capitol Police arresting citizens for expressing their views. Then the Police came to me, saying that they had seen me singing, and handcuffed me behind my back. They took me to the basement for processing, along with many others. I saw old friends Sue Pastor (who continued singing) and Jo Vukelich (who loudly objected to being searched by a male cop).

The Capitol cops said they’d send me to Dane County Jail for processing, because I was from out of state, along with a Vietnam veteran from Iowa, John Jadryev. The cops asserted that we had "No Ties" to Wisconsin, so I explained I’d lived here 25 years and edited an atlas of Wisconsin history. The hearts of most Capitol cops didn’t seem to be in their assigned tasks; one of them loosened our handcuffs a bit and allowed us to sit together.

When he asked my religion for the booking form, I identified myself as "both Jewish and Catholic, but being in handcuffs today I feel more Jewish." I told another cop that I’d just been to Circus World, but that this mass arrest for singing was an even better circus. He replied, "You got the full Wisconsin experience. Have you been to the State Fair for cream puffs?"

John and I were transported to Dane County Jail, after the squad car was momentarily swamped by protesters, making the officers really nervous. We were booked again, and began talking with the other inmates being booked. It was a scene right out of Alice’s Restaurant. One guy who worked as a stagehand said that he had missed his court date for an OWI offense, and asked what we were in for. "Singing," we said. "Really? Power to the people, dude," he replied. Another inmate said, "Yeah, Walker’s a douche."

One of the Capitol cops talked about the new snitzy uniforms they’d been issued, with a stripe down the leg, which one of the DeForest cops called "militaristic." We were held in Holding Cell 2 for two hours as we awaited processing, mostly talking with each other about Iowa, Wisconsin, and European history. We listened to the hard-luck stories of other inmates, which made our situation seem extremely minor.

When we got out, we were pleased that legal observers had spent two hours waiting for us, and letting us know our rights. The experience was no big deal personally, but it showed how low democracy in Wisconsin has fallen in two short years.

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If you'd like to help, you can contritube to the First Amendment Protection Fund, which helps arrestees cover court costs. Many thanks!

Guest Post: The Solidarity Sing Along and the Right of Unregulated Association

Guest post by Edward Kuharski
In response to the suggestion that Solidarity Sing Along participants' refusal to compromise or negotiate likens them to their adversaries:

The participants in the Solidarity Sing Along are a diverse and ever-changing group of individuals exercising our right of unregulated association as well as free speech—as individuals. Ideologies vary amongst the participants and are individual matters as well. There is no organization that is able to act on behalf of anyone, neither to compromise or to negotiate.

As we are irreducibly unique and radically free individuals, I fail to see any correspondence to our adversaries. They are highly ideological, funded and directed by outside entities that have no skin in Wisconsin's game, only a desire to leverage access through our public officials to pillage our resources. What possible compromise or negotiation could be had with such intransigent operatives? I personally don't believe in negotiating with terrorists, domestic or foreign. And compromising in matters of fundamental rights is an oxymoron. Either they are respected by government or they aren't. They aren't suitable for bargaining or rationing or kettling.

These intruders must be stopped. And we have no right to trade away future generations' birthright to a free and open society, an economy that works for everyone, and the dignity and security that those foundational structures make possible.

This crappy regime has actually compromised and negotiated itself into a legal and public relations corner, and it is striking out because it has had serial failure in its efforts to enclose the public's right to address their government and their right to use their public forum without regulation or interference, as has been the practice for 96 years.

All in all, the people are prevailing and I expect that to continue. I love that this model is spreading to other states such as Texas, Florida, North Carolina, and Michigan.

Makes me want to sing my heart out.

Guest Post: Heroes of the Day

Guest post by Ryan Wherley

Photo by Pam Robson

Closing down the building singing truth to power for an hour, after consecutive weekday noon-hour Solidarity Sing Along #624, Tuesday, July 30, 2013, day #4 of the illegal mass arrests of peaceably assembled singers and sign holders. Thirty more brave heroes were arrested today, and after being taken to the Capitol basement in cuffs, were threatened that they wouldn't be processed until they stopped singing, which has become the norm.

So they did the only logical thing: they started singing and didn't stop for an hour and fifteen minutes, even though they were all still handcuffed and their songbooks had been confiscated as "evidence" of their participation in the unlawfully declared "Unlawful" Assembly.


Video courtesy of Leslie Amsterdam
Around 5, I ascended the wide marble steps up to the first floor and recited Article 1, Section 4, of the Wisconsin State Constitution:

The right of the people, peaceably to assemble, to consult for the common good and to petition the government, or any department thereof, shall never be abridged.

I had made the decision today to read off the names of the courageous freedom fighters who have had their rights violated and been arrested singing out for our rights over the past four days of the Crackdown, reading many names more than once. I wanted the Capitol Police and all passersby to know these are real people, with families and jobs and friends and an extraordinary amount of courage and determination.

As I progressed through the list, an amazing thing happened. As I paused after finishing up with the names of those arrested through Friday, a man who had entered the Rotunda minutes earlier and taken a seat on a bench in the outer ring along with his two children, stood up and yelled, "Heroes!!" I was taken aback, made eye contact and began to read off the list of those arrested for civil disobedience today. Bill Dunn ... "Hero!" Jerry McDonough ... "Hero!" Dennis Andersen ... "Hero!" Paul Sopko Jr. ... "Hero!" Craig Spaulding ... "Hero!" Jackson Foote ... "Hero!"

On and on it went, with him delivering the same response to each and every one of the 25 names I read off. I finished, and he slowly walked off with his kids. I will probably never know who this man was, but he left a powerful impact on me that I can never thank him enough for. I'm in tears just thinking about such an incredible moment of empowering beauty. I can only hope he realized and felt how much that meant to me ... and to the heroes by proxy.

I didn't think I'd even make it through "We Shall Overcome" after I started choking up almost as soon as I began. Fortunately, I was joined almost immediately by Mary Watrud shortly after I began singing, and a young gentleman walked underneath on the ground floor, giving us a solidarity fist on his way by, which Mary and I were more than happy to return. Minutes later, he came up to us smiling from behind Fighting Bob's bust and stood beside us along the first floor balustrade.

After we finished our song, he asked if he'd be arrested if he joined in. I answered, "Not today, you're all good." How sad and telling that such a question should even have to be legitimately asked in the People's House. He asked me what part I sang and he confirmed that he was a baritone like me. We passed him a songbook and he joyously harmonized for the next 40 minutes with Mary, Gloria Marquardt, and myself, finally thanking us and going along his way during "How Can I Keep From Singing?"

Frieda Schowalter, who was arrested and forced to humiliatingly and painfully limp to the elevator after having her crutch confiscated by the Palace Guard last Thursday, joined us for "Solidarity Forever," and we left the building ringing with our voices.

The Solidarity Sing Along will return to peaceably assemble and sing their hearts out tomorrow, brave individuals staying to risk arrest yet again in the face of fascism. Yet again, millions around the country will be singing in Solidarity with them from afar. Like clockwork, the singing will start up, the police will respond, and the proud and peaceful citizens will lift their voices to heights once deemed unfathomable just three years ago. Heroes of the day.

Forever Forward, Wisconsin Winter Soldiers.

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You can help arrestees by contributing to and taking every opportunity to share the link for the First Amendment Protection Fund. We will be needing major funds to cover the court costs for all of these arrests! Our citizens being arrested are paying a great enough price without adding a financial burden on top. Many thanks!

Guest Post: Singing from the Soul Under the Solidari-tree

Guest post by Ryan Wherley
I was lucky enough to have a late, extended lunch today that afforded me the opportunity to make it down to the Capitol for today's outdoor Solidarity Sing Along for about the final half hour. I could already hear the singing and instrumentalists as I got out of my car two blocks away and ran all the way to the Square.

As soon as I got within seeing distance, I saw an amazingly beautiful sight: hundreds of people gathered and singing near the Solidari-tree on the Capitol lawn, easily the most people I've seen there for an SSA since the gut-wrenching night of the Recall election. I found it to be an excellent karmic sign that they had just started my favorite song from the book, "I Don't Want Your Millions, Mister," as I bound across the street to join the peaceably assembled Winter Soldiers.

Looking around and seeing so many friends and faces that I hadn't seen in months, plus scores of people I'd never seen before showing up from around the state to stand shoulder to shoulder in song, was absolutely beautiful. We didn't let the Tea Party instigators affect what we were doing, and the entire gathering just went about our business, joyously and respectfully, as we always do.

I'm so grateful that Daithi Wolfe heeded my request to play "How Can I Keep From Singing?" Hearing nearly 300 people and dozens of Learning Curve musicians soulfully unleashing that tune was an unforgettable moment, as that song has come to define the spirit of the Solidarity Sing Along for me.

I don't know how many more opportunities I'll have to participate in the SSA, singing songs of labor, resistance, peace, justice, Wisconsin and our struggle to save our state, so I'm not taking any of these rare occasions for granted. After attending hundreds of Sing Alongs during what was the most difficult stretch of my life, it developed a healing power over me that never fails to lift my spirits. Being able to stand and contribute my voice for just half an hour in support of the people who are bravely standing up to the heavy-handed police tactics of the Walker regime, risking arrest for expressing their rights, certainly won't change anything in the big picture. But being able to bear witness to such an incredible moment in the Movement's history gave me hope and provided me with the inspiration I need to keep telling the stories of those on the front lines who simply refuse to stop fighting for what is right and just.

"The real emergency is my governEr's austerity plan
and the appalling suppression of 1st Amendment rights"

It kills me to not be there with them, staring fascism in the face as it assuredly drags one peaceful citizen away in handcuffs after another when the Solidarity Sing Along goes inside again tomorrow. But I will continue to show up every day after work and sing with my entire being until the building closes, taking every opportunity to remind the Fitzwalkerstanis that no matter what they try to do to us, we'll be here until Wisconsin gets better.

Goddamn, I love the Sing Along. No matter how many people show up tomorrow, and I'm hoping it will be hundreds upon hundreds more, know that you are singing for millions of people around the country and we've got your backs. Peace, love and Solidarity, my friends.

Guest Post: The Story of My Arrest Wednesday by the Capitol Police

Guest post by Linda Roberson
In July of 2013, I officially became a senior citizen, celebrating birthday number 66 and receiving my first Social Security check after nearly 50 years in the work force and still counting. I also was arrested for the first time, for singing a song titled “We Are A Gentle Angry People” in the Wisconsin State Capitol building over the noon hour.

The convention has developed in Madison over the past two-plus years that people who oppose the present administration’s union busting tactics, or rape of our natural resources with the country’s largest open-pit iron ore mine, or gutting of Wisconsin’s historically excellent public school system, or trampling of women’s reproductive rights, or any of a host of other atrocities perpetrated on this great state by Governor Scott Walker and his legislative cronies, gather at the noon hour (when the Capitol building is not open for business) and peacefully sing songs of opposition to the repressive Walker regime.

I have lived in Wisconsin since 1969—essentially all of my adult life—and I am horrified at Walker’s systematic destruction of the Wisconsin infrastructure that persuaded me to choose to build my career and bring up my family here. Thus, when I can—though I travel frequently and am a business owner, wife, mother, and grandmother so have many demands on my time—I have enjoyed the opportunity to sing peacefully for an hour with people of like mind, to remind the Governor that while he may have the power now to do what he will, he does not have the people of Wisconsin on his side.

I do not belong to any group, nor (to my knowledge) is there any group to which I could belong, associated with the singing. Rather, the singing is a practice that grew spontaneously out of the 2011 uprising and has continued every week day at noon since that time without organization or leadership.

On July 24, I finished with my last morning commitment at work at a little after noon and decided to stroll up to the Capitol building and sing for half an hour or so, intending to return to my office in time for a 1:00 telephone conference. I arrived at the rotunda at about 12:20. Apparently the Capitol Police had made an announcement that the group there constituted an unlawful assembly but I did not arrive in time to hear that announcement. The Police had also posted a sandwich board in the center of the rotunda (in violation of the DOA administrative rule on the size of signs) stating that the assembly was unlawful.

I looked at the situation carefully. As far as I could tell, none of the requirements for “unlawful assembly” under DOA Adm. Ch. 2.14 were met. The group was relatively small, and got smaller as people departed, intimidated by the police presence. Entrances and exits to the building and to the rotunda were fully accessible. There was no disruption of business because the Capitol offices are closed during the noon hour. About 30 people were standing in a circle and singing protest songs. I found myself a place in front of a pillar so I was not blocking any egress to the rotunda and joined in.

The Capitol Police Converge on Linda. Photo by Leslie Amsterdam.

After approximately five minutes, I was surrounded by four Capitol Police officers. They separated me from the people I was standing with. One stood on either side of me and two attempted to block cameras from recording what was to ensue. It is intimidating when a lone middle-aged woman is surrounded by uniformed, armed cops. One of them asked me – respectfully – to leave. I asked why he thought the group constituted an “unlawful” assembly since as far as I could tell it did not. They all declined to answer. They asked me again to leave. I asked what I was doing that would cause them to evict me from the building. They declined to answer. They asked if I was going to leave and I said I was not.

They then handcuffed me (fortunately, loosely – I did not have marks on my wrists as so many others did). I asked what I was being charged with. They declined to answer. An officer took each of my arms and they escorted me out of the rotunda. I asked if I could use the railing on the stairway going down to the booking area; they refused to let me, and fortunately I did not fall. I asked for my water bottle (I have very limited saliva production as a result of radiation therapy for cancer some years ago) and they declined to give it to me despite repeated requests, though Officer Miller did try to offer me a drink from the bottle at one point. He was also courteous in that he explained to me what he was going to do and what would happen next.

My mug shot was taken, I was thoroughly patted down by two officers, and I was required to give not only my name and address but also identifying information such as eye and hair color, height and weight. I was asked these questions by multiple officials multiple times. Eventually I was given a pink ticket that said “no permit.” I asked the officer what I had done specifically to violate any law or administrative rule and he said, “This is not the time to discuss that.” My handcuffs were removed and I was permitted to retrieve my water bottle and leave the booking area.

I was never informed, despite repeated requests, about what exactly I was doing that they thought I should not have been doing, or what provision of the administrative code I had ostensibly violated. I had the clear impression that the arresting and booking officers had no knowledge or understanding of the law and were simply—in some cases reluctantly—following orders.

I wanted to file a complaint but could not find an officer who would give me a complaint form and the office where such forms are routinely available and are to be turned in was closed and locked. (The following day I filled out a complaint form and left it at my State Representative’s office since the police office was still [or again] closed.)

I went up to the rotunda and started to sing again.

Which Side Are You On? An Open Letter to the Democratic Lawmakers of Wisconsin

Dear Democratic Lawmakers of Wisconsin,
I'm writing to urge you to do whatever you can to strongly support the exercise of free speech in the State Capitol. The arrests of citizens this past week was a shameful display altogether contrary to the Wisconsin way and a terrible deterrent to citizens petitioning their government, which is their right. I was happy to see Senators Cullen and Jauch and Representatives Taylor, Sargent, Hesselbein, Pope, and Kolste present in the rotunda at noon on Thursday. Support from our elected officials is essential.

I see that Senator Risser and Representative Taylor have requested a meeting with DOA Secretary Huebsch. Please request to be involved in that meeting, if it ever takes place, and advocate for a peaceful and reasonable solution to the escalating conflict.

Given that participants in the Solidarity Sing Along routinely go outside, regardless of the weather, when there is a permitted event in the rotunda, and that the sing along takes place during nonworking hours, some understanding should be possible. It does not make sense for participants to get a permit, in part because the Sing Along is an activity—after more than two years, it is a tradition! It is not an organized group. The participants are peaceful citizens who believe that our right to free speech should never be abridged, and we honor and respect the rights of others to use the space as well, regardless of how the DOA and the media spin it.

I myself received a citation for my participation in the Solidarity Sing Along on October 31, 2012, and my trial has been postponed several times now (it's currently scheduled for next month). Being ticketed for singing over the noon hour in the rotunda, which was built precisely for the purpose of peaceable assembly, the right to which is enshrined in both our state and federal constitutions, is beyond ridiculous, not to mention being a complete waste of taxpayer money and the courts' time and resources.

The increased aggression from the Capitol Police is very alarming. We need our elected officials to step up and speak out. Please do all you can on our behalf.

Respectfully submitted,
Mary Ray Worley

How Can We Keep from Singing?!?!

Guest post by Ryan Wherley
Scott Walker and Mike Huebsch made a HUGE mistake. They should have just let us be, shouting at the top of our lungs, a few dozen strong and begging people to wake up and take action. Things are not only as bad as they were when hundreds of thousands of people took to the streets in Solidarity in 2011; they are significantly worse, as the GOP quietly ramped up their attacks while their "reforms" from the past two years are now on the books and wreaking havoc on our state's citizens.

I have between waiting for 14 months for them to make the egregious overreach against the rights of the people of this state that finally drove people to stand up and say, “NO FUCKING MORE." Well, it happened.

Photo from Overpass Light Brigade

You started arresting peacefully assembled citizens for singing and being and holding a sign; working journalists; veterans quietly holding the American flag; women coming off major surgery while denying them their necessary crutches to get around without pain; senior citizens, including a brave married couple of octogenarians. You cowardly targeted select individuals for "enforcement" from your perch high above the ground floor because you don't like how often and how truthfully and forcefully they speak and sing truth to power. Well... one could understatedly say you may have crossed the line one too many times. You may have just reawakened the sleeping giant in Wisconsin, and I say bring it on.


Video: Rebecca Kemble
After rushing up to the Capitol for ten minutes on my lunch break, I walked into that glorious building today at 11:58. It was sheer electricity mixed with nervous tension, as everyone knew what was about to go down after 22 people were arrested on Wednesday by a rabid horde of fifty officers summoned from the Capitol Police, State Patrol and DNR. Hundreds upon hundreds of citizens sang out in defiance as the LRAD was brought out and yet another illegal Unlawful Assembly was called. Virtually nobody left, everyone risking arrest... and the beautiful singing only intensified.

It felt like the Uprising of February 2011 all over again, with one major difference. Two years ago, we were a disparate group of individuals marching for a similar cause, but unknown to each other. But now, we're friends and family. Everywhere I looked were people who've stood alongside each other on the front lines in the fight against a tyrannical leadership for the past 29 months. If people were afraid, they didn't show it, because they knew their brothers and sisters surrounding them had their backs.

They should have just left us to our own devices. They should have let 15 of us exercise our First Amendment Rights by singing for an hour. Instead, I think they may have just sparked the new Uprising, this one with endless rhythmic chants replaced by endless harmonic songs. Hell yea. Feel the thunder.

Athough my new job and life circumstances prevent me from getting to the noon hour Solidarity Sing Along these days, I still have an hour or so after work every night before the building closes. As long as this soulless, unconstitutional and outrageously fascist crackdown on peaceful expression of dissent continues, I will continue to show up and sing as loudly, proudly and powerfully as I'm physically capable of mustering every single day. Every night they lock that building down, I want them to hear my voice echoing off the soaring marble dome as a reminder that we will not be silenced, we're still singing, we shall not be moved and we're sure as hell not going away. You're welcome to join me. I hope the Capitol Police like my voice by now, because they're going to keep hearing a lot of it until Walker calls off the dogs.


Video: Leslie Amsterdam
To the nearly fifty individuals who have been arrested as peaceful dissidents, some multiple times, for standing up for the rights of all of us in the past two days in Madison, you are all my heroes. Someday we will be victorious. After all, how can we keep from singing?!?



Solidarity, Winter Soldiers. Forever Forward!

Singing Truth to Pissed-Off Power

If you are unfamiliar with what transpired yesterday at the Wisconsin State Capitol, here is a firsthand account from Giles Goat Boy on Daily Kos with lots of photos and videos. About 25 arrests were made.

As I was getting ready this morning, I was thinking about my friends who were arrested yesterday and those who would be arrested today and grieving for the erosion of our rights, our freedom of speech, in what was once a bastion of openness to and respect for dissent. It was for times like these that the Wisconsin State Constitution was crafted. It may not have the force or the respect that it should have, but our right to free speech is even more firmly ensconced in our state constitution than it is in the U.S. Constitution. It is a comfort to have this passage memorized:

Article I, section 4: The right of the people peaceably to assemble, to consult for the common good, to petition the government or any department thereof shall NEVER be abridged.

I made two signs to bring with me: "NEVER means NEVER" and "What part of NEVER do you not understand?"

Photo courtesy of Leslie Amsterdam

When I got there I was greeted by old friends I hadn't seen for weeks, not since before I came down with pneumonia a few weeks ago. The building was already a hive of activity. There were well over a hundred people there at noon, and at the peak there were more than three hundred or so I think. It was an odd combination of family reunion and preparing for confrontation.

My friend Lars was standing in the middle of the rotunda with a gag over his mouth to signify the loss of freedom of speech. Former marine that he is, he cuts a powerful figure, standing defiantly in the center of the rotunda. He was later arrested, and while handcuffing him his flag fell to the floor. As they hauled him away, the officers stepped on it. Think about that. Let it sink in. They walked over the American flag while arresting a veteran.

Video courtesy of Leslie Amsterdam

It was not more than five or so minutes into the noon hour that you could hear that an announcement was being made, although what was being said was altogether unintelligible because people were singing loudly (bless them!). Then they brought their little sandwich board into the center of the rotunda.

I had thought I might leave once an unlawful assembly was announced, but I was situated toward the outer part of the rotunda, behind Senators Bob Jauch and Tim Cullen, who were alternately talking to each other and—get this—singing! As a matter of fact, there were quite a few state legislators present: In addition to Senators Jauch and Cullen, Representatives Chris Taylor, Melissa Sargent, Dianne Hesselbein, Sondy Pope, and Debra Kolste—unsurprisingly, they're all Democrats!

Since I was safely positioned behind the senators, it just didn't seem likely that the police would arrest me, although if they did, I was prepared. In fact, it seemed like the police were targeting individuals, and they never even came near the part of the Rotunda I was in, as far as I could tell. It was very hard to see, especially because the Rotunda was so crowded and everyone else was standing up, whereas I was seated on my scoot. But I hear tell the feeling was quite different today. The Capitol Police were more aggressive, using more officers per arrest, and many people's wrists were cut or rubbed raw by the twist ties. But it also seemed that there were fewer arrests.

Four people were taken to jail, I hear tell. And one of them was arrested right in front of me. Here I was feeling all safely cocooned behind the senators, and then all of a sudden they seemed to just disappear. There was a woman standing right in front of me, and the next thing I knew she was surrounded by cops. They removed her backpack and fastened the twist ties around her wrists. The next thing I saw was that she went limp, so they had to drag her away, which amounts to resisting arrest.

So tomorrow is Friday, which usually means that the sing along is outside, on the Carroll St. side of the Capitol, across from Grace Church. There's not likely to be any police interference tomorrow, so it will be a good day for us to unwind and just enjoy singing with our peeps. Then we—and they—can gear up for next week. Please consider coming to join us. You're free to leave if/when an unlawful assembly is declared, but your presence and your witness helps a lot.

You can also help by donating to the First Amendment Protection Fund, which goes toward defraying legal expenses. And please share the link so that others know how to help too.

The last word is really just this: we have drawn the line. We're singing truth to power, because we have to, no matter how much it irritates them. We can't let them continue to decimate our once-great state without even a note of protest. If we were silent, we could not live with ourselves. So we will not be silent, and we will not submissively hand over our rights that are so clearly spelled out in the state and federal constitutions. This is far, far, far from over. And we are not. going. away.



Update: It is my understanding that there were 29 arrests made today: 26 no permits and three misdemeanors, so there were actually more today than yesterday.

Shall Never Be Abridged

On Sunday, the Wisconsin State Journal featured an article by Nico Savidge with the headline "Tighter rules for Capitol protests not unlike many other states'." On seeing this headline, my first reaction naturally was "Oh, well then, that makes it okay." Not. The headline in Monday's Pierce County Herald (Ellsworth, Wisconsin) read "Protesters at the State Capitol have it great compared to other statehouses." Be sure to tell that to my buddy Will.


Will Gruber being arrested for disorderly conduct on Monday, September 24, 2012, as he was leaving the Solidarity Sing Along
at the Wisconsin State Capitol. Photo by Leslie Amsterdam.

Tighter rules on protests inside the Wisconsin State Capitol have angered demonstrators and raised civil liberties concerns. But the state is in good company when it comes to regulating speech—especially loud or highly visible speech—in the seat of state government.

Good company?!?! You're kidding, right? That would be like hearing from your doctor that, like you, half the people on your block have cancer, so, since you're in such good company, no worries! Or, like you, half the people at your workplace are losing their jobs, so at least you're not alone, right?

I have no idea where the "especially loud or highly visible speech" comes in, as this nicety is not addressed elsewhere in the article.

Wisconsin Department of Administration spokeswoman Stephanie Marquis said the results of the [State Journal] survey show that Wisconsin's requirements are reasonable and "much more generous" than those in other states.

This is kind of like saying that since the restrictions in your cell block are so much looser than those in the one next door, you should quit complaining. Notice also that Marquis was commenting on the State Journal's survey before it was published. It's enough to make one wonder where DOA public relations ends and the Wisconsin State Journal begins.

And this nugget of wisdom from Ms. Marquis: "The permitting process is there to make sure that everyone has a voice, and that everyone can use the Capitol." Thank you so much for caring that everyone has a voice and that everyone can use the Capitol. However, it's not "the permitting process" that does that, Ms. Marquis. The U.S. Constitution and the Wisconsin state constitution—they do that.

Soon after Erwin took over as chief, however, he said he would enforce the permit requirement. Erwin has lived up to that promise, with Capitol police issuing 23 citations for violations of Capitol rules regarding signs and permits in just one week earlier this month.

Au contraire, Chief Erwin has not lived up to that promise. Please correct me if I'm wrong, but the majority of the citations issued have not mentioned the lack of a permit. For the most part, they have to do with "obstruction," although obstruction of what is not altogether clear. More to the point, the Capitol's singing citizens continue singing, every weekday at noon. So far, the Solidarity Sing Along has obtained not a single permit. And since Erwin's crackdown, our numbers have expanded as concerns about infringement of the right to free speech have grown.

Chief Erwin has said, "There is a time and place for free speech, and we reserve the right to regulate that a little bit. We just have to keep it civil and people don't need to be threatened."

No, your job, Chief Erwin, is not to regulate our free speech, not even "a little bit." You see, as soon as you do that, it isn't free anymore. Your job is to protect our right to free speech. And if anyone is doing a piss-poor job of "keeping it civil and making sure people don't feel threatened," it's the Capitol Police, not the singing citizens in the Rotunda.

As of this writing there have been 467 consecutive weekday Solidarity Sing Alongs at the State Capitol. Whenever other groups have wanted to use the Rotunda, the Sing Along has graciously taken itself outside, even in the most inclement weather, rather than restrict or interfere with others' access. But to hear Erwin and Marquis, you'd think it was the singing citizens who are making things difficult at the Capitol.

A little reminder for Nico Savidge, the State Journal, Chief Erwin, and Ms. Marquis:

Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Amendment to the U.S. Constitution is generally understood as a guarantee of the right to free speech for every U.S. citizen. To "abridge" here means to diminish, to curtail, to reduce in extent. There is no caveat that says it's okay to "regulate that a little bit." Because of the First Amendment, the right to free speech in this country is unassailable, undiminishable, unabridgable. It is sacrosanct. Without it, we are merely cogs in the great corporate machine that is consuming us all. This is not about a minor inconvenience. This is about something absolutely fundamental to what it means to be a U.S. citizen. It's worth fighting for, and some brave and great souls have said—and demonstrated—that it's worth dying for.


Jason Louise Huberty, who has received several citations thus far, holds a banner in the State Capitol on Friday, September 21, 2012. Lisa Wells, his partner, who has also received multiple citations, stands next to him with a sign that says "2nd Floor,
1st Amendment." The banner hangs just above a bust of
progressive hero Robert "Fighting Bob" La Follette. Standing next to it is Dawn Henke, the disabled veteran who collapsed as the Capitol Police attempted to arrest her on September 14, 2012. Photo by Jenna Pope.
Moreover, Wisconsin isn't just another state, and the Wisconsin State Capitol isn't just another statehouse. Our state has a celebrated history of being a bastion of progressivism, a beacon in the dark night of assaults on civil rights. Our state constitution reaffirms and strengthens the rights guaranteed in the U.S. Bill of Rights.

The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged. (Article 4, Section 1, emphasis added!)

Furthermore, the National Register of Historic Places has this to say about the Wisconsin State Capitol:

Whereas some statehouses are maintained apart from the urban fabric, the Wisconsin Capitol Rotunda functions, both literally and symbolically, as a city center and is fully utilized as a public space to which all have claim.

Just because civil rights, and specifically free speech, are eroding all over the country does not mean that we should be content for them to erode here in Wisconsin. Those who acted to attach the First Amendment to the U.S. Constitution and those who framed the Wisconsin State Constitution well understood that free speech is absolutely essential and fundamental to a free people.

"What Were You Arrested For, Kid?"

I shake my head every time I think of Wisconsin Capitol Police Chief Erwin's heavy-handed crackdown on the singing citizens in the Capitol. Before Erwin began arbitrarily handing out citations, we were a small, stalwart, ragtag bunch. I couldn't make it every weekday, so for a while I came once a week; then when my schedule eased up a bit, I came two or three times a week.

My main motivation was to bolster my resolve in light of the disheartening results of the recall. Especially for the months of June and July, I felt like if I didn't keep singing, I might succumb to a full-blown case of political malaise and election fatigue. Every time we sang Holly Near's "We Are Gentle, Angry People," I knew that in truth we were singing for our lives, for our hearts to be uplifted, for our courage and resolve to return, for our focus to shift to new ways of resisting the Walker regime.

Enter newbie Chief "The-military-prepares-you-to-be-a-great-leader" Erwin and his crackdown. The right-wing Wisconsin Reporter quoted him on September 10, the day before the eleventh anniversary of the 9/11 attacks: "And so we have a group of people that come here, and last week they were holding signs and they are part of this group that, for lack of a better word, are terrorizing people at this Capitol."

"Terrorizing people"? Really? Chief Erwin, we're holding signs and banners and singing. And you call that "terrorizing"? It's a pity you lack a better word. We'd be happy to supply you with a few: citizens, constituents, Wisconsinites, singers.

A few of us have been handcuffed, arrested, issued citations, sent to jail; some were visited by the Capitol Police at home or at work; others found citations in their mailboxes. One of us collapsed as five police officers converged on her as she left the building. Members of the press and an ACLU observer have been harassed and threatened by the Capitol Police.

On September 12 several Wisconsin lawmakers sent a letter to DOA Secretary Mike Heubsch, asserting that "the Capitol police's response to individuals peacefully protesting is now verging on ridiculous." And yesterday the Madison Professional Police Officers Association (MPPOA) and the Dane County Deputy Sheriffs Association (DCDSA) issued a press release:

We have been watching with alarm the recent developments at the Wisconsin State Capitol. In recent weeks, the Department of Administration (DOA) and the leadership within the Capitol Police have commenced enforcement action against peaceful protesters coming to the Capitol. Officers have been ordered to arrest and cite protesters whose only offense is the silent carrying of a sign. Other protesters have been cited for gathering for the “Solidarity Sing-along,” a non-violent group of citizens who sing every day over the noon hour. The Solidarity Singers have been particularly cognizant of the needs of other groups who also want to utilize the Capitol, and frequently relocate outside the Capitol to be respectful of those needs. They are now being cited for assembly at the Capitol without a permit.

Today Chief Erwin whined his response: "It's unfortunate that these associations would issue a statement about Capitol Police actions without ever contacting us. Our officers would never judge another police department’s enforcement without knowing the facts of the situation."

It's difficult to feel much sympathy if Chief Erwin believes his voice isn't being heard and his input isn't being sought. One of the singing citizens posted this today on Facebook in response to Erwin's complaint:

The WPPOA (Wisconsin Professional Protest Organizers Association) issued the following response to Chief Erwin's reply to the MPPOA's criticism:

"It's unfortunate that the new Chief would issue multiple statements about Citizen actions without ever contacting one of them (and ignoring multiple Citizen requests to meet with him). These Citizens would never judge any Capitol Police officer, including the Chief, except by their words and actions towards us. The facts in the present situation are beyond dispute. He is a complete asshole. Complete."

Well now, I have to confess, I'm still grateful to the chief for revitalizing our daily citizen sing along. Whereas before I was content to show up two or three days a week to console myself with song, now I can't bear to miss a day of singing for free speech in the land of the free. My hackles are up. "You can stand me up at the gates of hell, but I won't back down."

What you see here is an up-close look at the sign on the front of my scoot, along with my Chief Erwin mask, and my fist raised in solidarity. Above that is a heart balloon that was released accidentally today. The offender has already received a citation for an unpermitted "Display and Decoration (Release of balloon)" 2.07(2). Two Capitol Police officers were kind enough to deliver the citations in person to the woman's home. Photo by Leslie Amsterdam

I stand in solidarity with my ticketed friends. Those citations belong to all of us, because we are all doing the same thing. We are, after all, singing about solidarity every day. The idea is not just to sing it, but do it. If you'd like to stand in solidarity with us, there are two things you can do:

1. Donate to the Legal Defense Fund (hosted by the Madison Infoshop), which since 1997 has been used to support those who have had their rights violated. Checks can be made to "Legal Defense Fund," c/o Madison Infoshop, 1019 Williamson St. #B, Madison WI 53703. Please put "Capitol Protest" in the memo line. For more information, call 608-262-9036.

2. Join us on Friday from 5 to 6pm on the steps of the Dane County Courthouse for the Capitol Citation Speak-Out and Fundraiser Rally. The rally will feature speakers from the ACLU of Wisconsin and the National Lawyers Guild. We also hope to hear from some of those who were unconstitutionally cited and, of course, you, should you choose to make your voice heard!

I continue to wait for the knock on the door and look for a registered letter containing a pink citation or two in the mail. So far, nothing—even though I have done the same as my friends who have been arrested, cited, and chased down in the Capitol, at home, and at work.

But I'm ready. Bring it. In my head, I can hear Arlo Guthrie's voice asking: "What were you arrested for, kid?" And I said, "Singin'."

Erwin's Campaign of Intimidation: It's Not Working!

I'm waiting for my doorbell to ring. My camera battery is all charged up, and the camera is sitting by the front door, just in case I should need to videotape anyone who happens to pay me a visit.

Yesterday I went to the Wisconsin State Capitol at noon for the Solidarity Sing Along, as I frequently do. There were a good number of us there, all of them my friends. (If you've been to the Solidarity Sing Along, then you're a friend of mine, to put a little twist on one of my favorite songs.) Lisa and Jason were there, as were Brandon and Bart, along with sixty or so others, all doing pretty much the same thing for an hour: holding signs and singing our lefty liberal bleeding hearts out.

Yesterday afternoon, three hours and twenty minutes after the Sing Along ended, the Capitol police showed up at Lisa and Jason's house and issued them both two citations for obstructing access and holding signs over a railing in the Capitol. About an hour later, Brandon was stopped as he was walking through the Capitol. Apparently, the Capitol Police had paid him a visit at home too, but he wasn't there. How lucky for them that he just happened to be passing through! He was brought downstairs to the Capitol Police Station, where he was issued a citation.

According to Dane101, Tuesday morning the Capitol Police showed up at Bart's workplace to issue him two citations for obstructing access and for holding a sign in the Capitol the previous day.

What the heck? People's homes and workplaces? Really, Chief Erwin? Last week citations were issued johnny-on-the-spot by ten or so officers, replete with handcuffs, in the People's House, in full view of witnesses and cameras. Apparently that didn't quite do the trick for Chief Erwin. So this week, the Capitol Police ranged beyond their usual bounds—in several respects—going after people at their homes and workplaces.

Twelve News asked the new police chief why no one was arrested Friday after two days of enforcement. He said it's a matter of resources. "We went right into protection mode, safety, preserve the peace, and that's what we moved into. Sometimes we do enforcement, and sometimes we just protect and serve. That's what we did today." Chief Erwin says no one should draw a conclusion that they won't make more arrests in the future. —WISN Milwaukee, emphasis added

Why go to all this effort to issue a few measly citations, going to people's homes and places of work? What point is Chief Erwin trying to make? God knows I'm not drawing parallels here, just noting some similarity (with apologies to St. Matthew): "Every day we stood in the Capitol Rotunda singing, and you did not arrest us." Is he too ashamed to issue these nefarious citations in the full light of day?

Chief Erwin, if you're worried about publicity, you should be. The whole world is watching what happens in the great state of Wisconsin. To get your shiny new job, did you make the mistake of promising your boss that you could rid the Capitol of our daily presence? If that's what you're on about, it's not working. After yesterday's news of four more citations being issued and visits paid to participants' homes, more than 140 showed up to help safeguard free speech in the People's House, more than twice as many as yesterday. As my friends are fond of saying, "Screw us and we multiply."



Today, the Madison Chapter of the National Lawyers Guild issued another press release:

The Madison, Wisconsin chapter of the National Lawyers’ Guild (NLG) condemns the Capitol Police’s continuing arrests of citizens at the Wisconsin State Capitol. After the rule used by police to arrest people last week was interpreted not to include holding signs in a circuit court case, police today cited protesters for draping banners over railings inside the capitol rotunda and holding an illegal rally without a permit, although these activities have been going on for months without incident. It has become impossible to tell what conduct is allowed or prohibited in the Capitol Rotunda, and repeated arrests of select individuals are designed to stifle dissent against state policies, say Guild members.

Your bullying, Chief Erwin, isn't working. We're holding our ground, right there in the People's House, because we're sure of our rights under the U.S. and Wisconsin state constitutions. Our permit is safely ensconced under glass on the first floor of the Rotunda. And we're not just safeguarding the free speech of lefty liberals. Whenever other groups have scheduled events at noon on weekdays in the Capitol, we have moved the Sing Along outside. We are happy to share. We freely and gratefully acknowledge that the People's House belongs to all the people of Wisconsin.

Chief Erwin, your palace guard may come pay us a visit, but don't expect us to open the door unless we have a video camera running, because we know a lot of people who are very interested in what you're up to. Even right here at my doorstep, the whole world is still watching!

Thank you, Chief Erwin!

Thanks to Chief Erwin and his saber rattling, more than two hundred sign-wielding singers showed up today to sing in the People's House.



As we have often done, we began by reading Article 1, Section 4, of the Wisconsin state constitution:



State Rep. Chris Taylor showed up and told us that she met with Chief Erwin and someone from the Department of Administration this morning. After they refused to give her specific information on what behavior is and isn't acceptable in the Capitol building, they walked out of the meeting.

Rep. Peter Barca today posted a letter Rep. Taylor sent to Chief Erwin after the meeting regarding her still-unanswered questions:

When I asked about the specific conditions you were considering in determining whether an individual needed a permit or when making an arrest, you stated that these determinations were being made on a “case-by-case basis” and refused to articulate specific factors that would be considered. Instead, you and Ms. Coomer [from the DOA] recommended that anyone considering holding a sign call the Capitol police to inquire whether a permit would be needed. This gives me grave concern that the public is not being provided adequate notice about what conduct you are prohibiting and under what specific legal authority you are acting. Further, this subjective manner of making permitting and arrest determinations can easily lead to abuse, with the result being that constitutionally protected political speech is being improperly silenced.

Rep. Taylor also expressed gratitude that there are still courts that will act to protect citizens' freedom of speech. She held up a copy of this week's court ruling by Dane County Judge Frank Remington stating that § Adm. 2.07(2), prohibiting displays (under which the recent citations were issued), doesn't apply to handheld signs, but rather only to freestanding exhibits.

Photo by Karen Kinsley
The atmosphere today was boisterous and jovial—it's always great to see so many of our friends gathered together in the People's House. But there was also a serious side to our signs and our singing and our presence. We highly value our right to free speech, and we're willing to defend it when it's threatened. The Capitol police have a duty to uphold the law, the law that guarantees that "the right of the people peaceably to assemble, to consult for the common good, to petition the government, or any department thereof, shall never be abridged."


So thank you again, Chief Erwin, for providing us with this occasion to sing with our friends in the People's House, for reminding us of how precious our rights to free speech and free assembly are. Thank you for the opportunity to remind you, Governor Walker, and the people of Wisconsin that we're still here. We're still exercising our right to free speech, assembly, and petition. And we're not going away anytime soon.
# # #Don't miss the Progressive's take on today's triumphant sing along.

Paying the Price for Free Speech

I have half-joked for decades that one of the items on my bucket list is to be arrested for civil disobedience. The civil rights movement and the anti-war protests happened while I was safely ensconced in junior high and high school. I got to college in time to see one lone streaker torpedo across campus. There I was, already a dyed-in-the-wool folkie, just in time to wave the glory days of folk music good-bye. I felt cheated.

Civil disobedience is not our problem. Our problem is civil obedience. Our problem is that people all over the world have obeyed the dictates of leaders . . . and millions have been killed because of this obedience. . . . Our problem is that people are obedient all over the world in the face of poverty and starvation and stupidity, and war, and cruelty. Our problem is that people are obedient while the jails are full of petty thieves . . . [and] the grand thieves are running the country. That’s our problem. —Howard Zinn

Hah! Little did I know that my timing was not so bad after all. Here I am—yes, a little worn around the edges—smack-dab in the middle of the Wisconsin Uprising, singing my heart out with the Solidarity Sing Along as many times a week as I can. There are some days I can feel the resonance so strongly that I begin to suspect that this is the moment I was born for and have been preparing for since those disappointingly quiet days in college.

The Solidarity Sing Along

began the day after an illegal vote was taken in the Wisconsin State Senate to pass a bill destroying the rights of working people. Participants in the spontaneous event understood that their voices were no longer being heard or acknowledged through the formal political structures of the state. They were determined to not be silenced, however, and have continued to voice their opinions on the political issues of the day every single weekday for nearly eighteen months. —Rebecca Kemble, The Progressive Magazine

And now there's serious trouble afoot. The new chief of the Capitol Police, David Erwin, is cracking down on free speech in the Capitol. Twelve practitioners of free speech have been arrested arrests have been made so far for holding signs without a permit.

If you have to ask permission from the government to protest the government, you don't really have the right to protest the government!!! The federal and state constitutions are all the permits we need. —sign seen in the capitol this week

So Friday, Sept. 7, at noon we're singing, again, for free speech, for our friends who have been arrested and fined, for our rights and yours, for the rights of our children. We're singing because freedom of speech is absolutely fundamental to democracy. Without it we are no more than cogs in the machine—no voice, no power, no access.

An unjust law is itself a species of violence. Arrest for its breach is more so. —Mahatma Gandhi

Most of us will likely gather inside the rotunda, but a few may also gather outside under the tree on Carroll Street (south of the Lady Forward statue) as we have done on Fridays since June. Please come join us! Bring a friend! We're asking for as much participation from our friends and fellow citizens as possible. Free speech needs you.

Attorneys affiliated with the Madison National Lawyers Guild stand ready to defend anyone who suffers arrest as the result of over-zealous enforcement of the Capitol access policy. Anyone who does suffer such an arrest should not argue with officers or even converse with them about their protest actions. Instead, protesters should do nothing more than ask officers why they are being arrested, ask what the charges are, immediately demand to speak to an attorney, and, if arraigned, plead not guilty. If possible, the protesters should notify someone who is not being arrested that they are being placed in custody so that this individual can contact the protest coordinator of the Madison National Lawyers Guild at 608-352-0138. The coordinator will then attempt to find legal representation for the person who has been arrested. —Madison chapter of the National Lawyers Guild

As you did in February and March last year, come prepared to resist provocation and intimidation peaceably. It's critically important to our cause that our conduct be above reproach.

When it gets down to having to use violence, then you are playing the system's game. The establishment will irritate you: pull your beard, flick your face to make you fight. Because once they've got you violent, then they know how to handle you. The only thing they don't know how to handle is non-violence and humor." —John Lennon

We're also hoping for a large turnout on Monday. And we'll continue every weekday at noon until Wisconsin gets better. (For news on whether we're singing inside or out, check the Solidarity Sing Along Facebook page). We're in this for the long haul. We're not going away.

We are gentle, angry people, and we are singing, singing for our lives. —Holly Near