Legislature oversteps with new rules
Let’s start with a stipulation: Not all of the inappropriate behavior that takes place in the Wisconsin state Legislature is committed by lawmakers. Some spectators, especially during the last two years, have also shown poor manners and bad form.
People who shout “Liar!” from the gallery as the governor gives a State of the State address are being not just disrespectful but disruptive and deserve to be kicked out.
But new rules recently passed by the state Assembly and state Senate go beyond preserving decorum and ensuring order. They impede the ability of citizens to participate in their democracy and offer fresh proof, if any were needed, that the Legislature feels no need to follow the rules it has put in place for others.
A provision in the open meetings law passed by the Legislature in 1977 directs all state and local governmental bodies in Wisconsin to “make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting,” so long as this does not cause disruption.
Last month, after closed-door meetings involving leaders of both parties, the Assembly and Senate unveiled new rules of conduct, which majority Republicans passed over nearly unanimous Democratic opposition. The Assembly rules formalized what had been posted guidelines, barring visitors from using “audio or video devices to record, photograph, film, videotape, or in any way depict the proceedings on or about the Assembly floor.”
The Senate also passed new rules for spectators in the gallery and meeting rooms.
Taking a photo from the gallery to document the grade-school field trip? Forbidden. Unobtrusively recording a legislative session of particular interest? Yer outta here! Taking notes on a laptop? What do you think this is, a classroom?
The rules, which also include a ban on reading newspapers “or other printed materials,” eating food, displaying signs or wearing hats, are so sweeping that legislative spokespeople are stressing that exceptions can be made and discretion will be exercised.
No, a Muslim woman with a veil or Sikh man wearing a turban are not necessarily going to be tossed out on their well-covered ears. A mother feeding Cheerios to her hungry 2-year-old may be able to avoid the long arm of the law. An elderly man with a hearing aid probably won’t be asked to turn that electronic device off.
But a citizen who turns on a tape recorder or video camera to make a record of what his elected representatives are doing—rights the Legislature says citizens may exercise before every other public body in the state—is clearly in violation.
This isn’t the first time the Legislature has set itself apart from the rules it has created for others.
A special exemption lets members of the same political party meet in secret, even if they constitute a majority and can determine legislative outcomes. Lawmakers have also exempted themselves from the records retention rules in place for all other governmental officials. Village department heads must retain their official correspondence for years, but lawmakers can legally delete emails and shred letters whenever they want.
Such exclusions breed distrust and erode confidence in government, just as bans on taking photos or using recording devices convey fear and insecurity.
And what makes it especially ironic is that, for the most part, these banned devices would capture lawmakers behaving professionally and honorably, as is usually the case—at least when they are meeting in public.
Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (www.wisfoic.org), a nonprofit group dedicated to open government. Bill Lueders, a reporter with the Wisconsin Center for Investigative Journalism, is the group’s president.
Feb 4, 2013 at 8:44 a.m.
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Our VOICE that counts is our vote at the ballot box during election times.
Our voice of discontent at the Capital -- either in Madison or in Washington -- is our 'objection OR support' of a legislative matter.
More often than not, that voice at the Capital or in Washington is purely intended to be disruptive.
Go vote and accept the results.
Feb 2, 2013 at 2:04 p.m.
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Bowgal
I agree, but I don't think it is water coming from the duck.
Feb 2, 2013 at 10:54 a.m.
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Wislady, looks like fear has run out of intelligent thought and has resorted to typical left wing slander. Water off a duck, consider the source.
Feb 1, 2013 at 2:41 p.m.
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Must be some drunks on these comment boards by the looks of what's below.
Feb 1, 2013 at 2:10 p.m.
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wislady, fearandrhetoric4dummies has not used your real name (unless your real name is Darlene Winklady) or your username in his comments in this thread. You have quite an imagination as to what constitutes libel.
Feb 1, 2013 at 9:05 a.m.
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fearandrhetoric4dummies
Grow up, even Darlene Wink got probation.
For you to continue your attempt to libel me with your insinuation that I have done something illegal, is contrary to the rules of posting comments online.
You started this little game of name calling, months ago. Why you get away with it, is beyond me.
If this continues, you should be blocked from the comment sections.
Jan 31, 2013 at 9:33 p.m.
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Tears Darlene, truth hurt?
Jan 31, 2013 at 9:31 p.m.
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Yeah Bill teachers and other protesters were deflecting from.......THE FACT that they nver were or have been the reasons for the state budget shortfall? Yet are being shouldered with the burden of bailing the state out of the crisis because of ideologues from the other Tribe like you? Blame everything on the people that excersise their first amendment rights by assembling in protest of dirty politicians that mean to slash their pay and benefits to better serve their donors or shall we say tribal Chiefs?
I find it funny that Conservatives will fight and die for the second amendment, even if they are misinterpreting it yet they ridicule those who fight for what they believe in with protest not firearms. I guess conservatives only love parts of the constitution, not the first amendment if its against the traditions of your tribe. Not the fourth amendment because your tribe has decided that snooping on our phone calls is more important because they want you to be afraid of Arabs. Let freedom ring!!
Jan 31, 2013 at 9:26 p.m.
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To the previous commenter....
Your continuation of name calling, clearly indicates you are the adult form of the "schoolyard bully".
Jan 31, 2013 at 9:09 p.m.
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Darlene Winklady of the "Soros Stalkers Tribe" shal we speak of all of your tribe members that are sponsoored by the Koch Brothers and are slaves to ALEC?..........you dont want to have that conversation.
When its our tribe, they have honor and respect and are the angels of society. When its the other tribe, they are dirty hippies who just want welfare and to sit around do drugs all day. Dont you ever get tired of the same old blather? Prolly not. Jeepers, so freaking old. No points, ever.
All this seems to be is.......we must have ORDA!!! The more I see the right wing "freedom defenders" defend their freedom and deplore others, the less I am surprised that the extremist wing of Right wing politics is facism.
Jan 31, 2013 at 8:12 p.m.
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WCLO's Tim Bremel had a good discussion on this today. It even had right-wing Republican Tim saying if this is the Republican Party then he is a Democrat on this one. There is hope for the guy :)
And of course wislady approves of the rules to hide things that the Republicans do not want recorded such as the following that a caller to Bremel's show pointed out:
http://www.todaystmj4.com/features/iteam...
Jan 31, 2013 at 7:27 p.m.
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Obfuscate: to be evasive, unclear, or confusing. (I searched for the word "obfusticate", but it seems that isn't really a word. The dictionaries redirect to "obfuscate". I can only assume that is what MooShoo really meant, but in his haste to deflect by denigration, he must have ignored his spellchecker.)
Obfuscate does seems like a good definition for describing the actions of most of the "protesters" at the capitol last year.
"Tribal" also would describe theose protesters well. If and when their "tribe" wins an election so that they can control the legislature, I'm sure they'll have a new-found appreciation for these new rules, should the Tea Party or some other group try to follow the fine examples of orderly and respectable protest set in the Capitol last year.
Jan 31, 2013 at 5:01 p.m.
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Wisconsin Center for Investigative Journalism, gets major funding from Open Society, and the founder is....George Soros.
http://www.opensocietyfoundations.org/ab...
Jan 31, 2013 at 3:44 p.m.
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Bill is of the "My tribe" ilk.
Sad.
Jan 31, 2013 at 3:41 p.m.
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The writer is confused. He's either confused about the difference between our Republic and a Democracy or he's confused about what we have here in this country. The folks in that gallery have no legitimate voice in what occurs on the floor below beyond the ballet box. They may observe what happens and record it with pen and paper. We have a Republic which in our case includes representative Democracy. Our representatives make and debate the laws, not the members of the "peanut" gallery. The legislature is well within its rights and duties to regulate the decorum in the gallery. If the observers want to make statements, sing songs and yell "Liar", they can go out to the Rotunda, the proper place for their demonstrations.
Jan 31, 2013 at 2:27 p.m.
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Are we really OK with our legislators putting themselves, and their respective bodies of "our government" above the law?
I'm not.
What gives them the authority to create rules that let them thumb their collective noses at existing law, and the people who elected them?
Apathy?
Indifference?
My "tribe" (thanks Foth) did it so I'm OK with it?
The Oligarchs are winning people, they want to shut us out completely, and they are well on their way.
Jan 31, 2013 at 1:40 p.m.
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Doesn't Wisconsin Eye record all the proceedings when the Legislature is in session?
Perhaps if the behavior of visitors changes for the better, rules can be relaxed. How about "earning" some privileges back?
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