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Tuesday, November 22, 2011

Political Free Speech Activity Information for Janesville, WI

If you are involved or have any questions about gathering signatures for recall Walker/Kleefisch petitions in Janesville, please check out this information produced by Janesville City Manager's office and Janesville City Attorney's office upon my request.

 "With various staff members receiving questions from the public regarding the use of public property for recall election petitions drives and other political activities, the City Manager’s Office and the City Attorney’s Office would like to share the following information. Should you receive any questions from a citizen, please use the information below as a guide. If you have questions not addressed in this information, please contact the Attorney’s Office at 755-3155 or the City Manager’s Office at 755-3177 for clarification.

1.    Signing or collecting recall petition signatures is considered a political free speech activity and is protected by the Bill of Rights. By law, political free speech activities are generally allowed on public property, but not on all public property.

2.    Citizens may sign and collect petition signatures on certain public property, such as city parks; city-owned terrace areas; sidewalks; public parking lots; or outdoor public building areas (such as in front of the Police Services building or in front of the Municipal Building).

3.    While political free speech activities are allowed on public property, individuals may not disrupt normal business. They may not block a sidewalk; block ingress or egress to driveways or buildings; litter; engage in disorderly conduct or fight. The police non-emergency number (757-2244) should be called if these disorderly activities are taking place.

4.    The City of Janesville does not allow political free speech activities inside city-owned buildings. Also, the Hedberg Library does not allow political free speech activities anywhere on its premises.


UPDATE: 4.    The City of Janesville, including Hedberg Public Library, does not allow political free speech activities inside city-owned buildings. Political free speech activities may take place outside of buildings provided the activity does not disrupt normal business.

5.    The City of Janesville is not the governing authority for recall elections. Individuals looking for information on the recall petition process should contact the Government Accountability Board, as they are responsible for the operation of recall elections. http://gab.wi.gov/ 608-266-8005

6.    The City of Janesville does not have petitions available for individuals to sign. Individuals looking to sign a recall petition should perform a google search to find information or contact the political organization involved in the recall.

7.    Political free speech activities are not a right on private property and may only occur on private property with permission of the private property's owner, tenant or lessee. If activities are taking place without permission and after being asked to leave, any unwelcome person would be considered to be trespassing. The police non-emergency number (757-2244) should be called if someone is trespassing."

2 comments:

  1. Since when does Janesville City law supersede Wisconsin Statues and rights guaranteed by US Constitution?

    I am not a lawyer but Janesville is telling the world that their laws are more powerful. What kind of nonsense is this?


    The First Amendment (Amendment I) to the United States Constitution

    The Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.



    Wisconsin State Statues

    Article XIII, §12
    Recall of elective officers. Section 12. [As created Nov. 1926 and amended April 1981] The qualified electors of the state, of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer after the first year of the term for which the incumbent was elected, by filing a petition with the filing officer with whom the nomination petition to the office in the primary is filed, demanding the recall of the incumbent.


    Article I, §3
    Free speech; libel. Section 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press.


    Article I, §4
    Right to assemble and petition. Section 4. 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.

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