Wisconsin Freedom of Information Council

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January: Gun permit secrecy shields law’s impact

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Dave ZweifelWisconsin citizens who obtain a simple permit now have the right to carry concealed weapons, in most public places. According to the governor and the majority of state legislators, that’s going to make the state a safer place.

Unfortunately, though, we’ll never know for sure.

That’s because the Legislature saw fit to exempt the permitting process from Wisconsin’s long-standing open records law. Not even law enforcement officials are allowed to routinely access the list of people who have been granted concealed carry permits.

That perplexes Doug Pettit, the village of Oregon’s police chief and legislative representative for the Wisconsin Chiefs of Police Association, who tried in vain this year to get the records opened for inspection.

“I would think that the sponsors of this law would want to show proof to the public that the sky isn’t falling because of concealed carry,” he said. “If no one can access records, how will we ever know?”

Concealed carry advocates argue that making permit records public opens the door for criminals and other miscreants to pick their targets. But the secrecy built into the new law will make it much more difficult to analyze just how concealed carry is impacting the state.

According to a running tally from the Violence Policy Center, a Washington nonprofit that tracks gun deaths, at least 300 people, including 11 police officers, have been killed by concealed carry permit holders since 2007. The center believes that figure is low because it must rely on newspaper stories that only sometimes contain such information.

Jeri Bonavia, executive director of the Wisconsin Anti - Violence Effort, said there have been “troubling trends in some of the states that early on made permit records available.” The National Rifle Association and other pro-gun groups moved to get states that allowed openness to close the records and lobbied other states, including Wisconsin, to deny access to these records.

“If legislators and Gov. Walker are so proud of this new law,” Bonavia said, “you’d think they would want to proudly show off the results, proving we’re all much safer now.”

Late last month the New York Times studied the track record of concealed carry in North Carolina, one of the few states that allows access to these records. It found that of the roughly 250,000 North Carolinians with concealed carry permits, more than 2,400 of them had been convicted of felonies or misdemeanors, excluding traffic-related crimes. Ten of them committed murder or manslaughter. All but two of the killers used a gun.

Additionally, nearly 900 permit holders had been convicted of drunken driving, a potentially lethal situation for a police officer making an arrest of someone carrying a concealed weapon.

Wisconsin’s law does require the Attorney General’s office to submit an annual statistical report each March that tallies how many permits were applied for, issued, denied, suspended and revoked. But information on who has gotten a permit can only be made public in connection with a prosecution in which the person’s status as a licensee is deemed relevant.

And that falls far short of giving the public adequate data to keep tabs on how the new law is working.

Is the state conducting adequate background checks before issuing permits? Are all the rules of the new law being followed?

More importantly, does allowing citizens to carry concealed weapons actually deter crime, as its supporters have long insisted, or does the new law cause even more public safety problems?

We will never be able to answer such questions as long as Wisconsin keeps these records secret.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council, a nonprofit group dedicated to open government. Dave Zweifel, a former council president, is editor emeritus at The Capital Times.

 

Wisconsin Freedom of Information Council decries arrests for filming Legislature

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For immediate release 
Contact: Bill Lueders, (608) 669-4712

The Wisconsin Freedom of Information Council is deeply concerned about the arrests of citizens for filming the Wisconsin Legislature, a right expressly afforded by the state's Open Meetings Law.

"These arrests appear to violate the spirit and the letter of the Open Meetings Law which, ironically enough, was passed by the Wisconsin state Legislature," said Bill Lueders, Council president. "We see no reason that exercising a right guaranteed by state law should lead to people being issued citations or hauled off to jail."

According to a report published by the Milwaukee Journal Sentinel, a dozen protesters were arrested Tuesday for filming and holding up signs in the Assembly gallery. Nine were issued citations for disorderly conduct, while three were jailed for bail jumping, the paper reported. The bail-jumping arrests occurred because the three were previously cited for filming the Legislature and released on condition that they obey state administrative rules.

In June, police intervened to stop a young man from videotaping a committee meeting. According to an account by Wisconsin Democracy Campaign executive director Mike McCabe, who witnessed this event, "The man was causing no disturbance; in fact, he said not a word. But still his behavior could not be tolerated. Not one, not two, not three but four uniformed and armed police officers were summoned to handle this breach of peace."

Additionally, there were incidents in September and again last week in which protesters have been removed from the Legislature and cited because they were silently filming the proceedings.

Section 19.90 of the state's Open Meetings Law, which dates to 1977, states in its entirety: "Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting. This section does not permit recording, filming or photographing such a meeting in a manner that interferes with the conduct of the meeting or the rights of the participants."

"Just because the Legislature can violate the Open Meetings Law doesn't mean it should," said Lueders, referring to the Supreme Court ruling this June that essentially exempted the state Legislature from the Open Meetings Law. "This is a law that has served the state well, helping to build trust between government officials and the governed. It deserves more respect."

The Legislature has cited its own rules, specifically Assembly Rule 26, as prohibiting filming from the gallery. Protesters have received citations that cite Department of Administration administrative codes. The Council questions whether these rules should be used to bar conduct expressly protected by the Open Meetings Law.

Said Lueders, "We call on the state Legislature, as well as the Department of Administration and the Capitol police, to obey the law in place for all other state and local governmental bodies and allow citizens to unobtrusively film legislative proceedings."

The Wisconsin Freedom of Information Council is a statewide group that works to protect public access to meetings and records. Its sponsor organizations include the Wisconsin Newspaper Association, the Wisconsin Broadcasters Association, the Wisconsin Associated Press, Wisconsin News Photographers and the Society of Professional Journalists. 

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Last Updated on Thursday, 27 October 2011 12:40
 

Letter to Chief Flynn regarding the arrests of photojournalists in Milwaukee

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November 11, 2011


Chief Edward Flynn
Milwaukee Police Department
951 North James Lovell Street
Milwaukee, WI 53233

Re: Recent Photojournalists' Arrests

Dear Chief Flynn:

The Wisconsin Freedom of Information Council ("WFOIC") writes this letter to express its concern about the Department's recent arrests of photojournalists performing their duties in Milwaukee, including Clinton Fillinger on September 19, 2011, and Kristyna Wentz-Graff on November 2, 2011.

The WFOIC is an organization that "seeks to safeguard access to information that citizens must have to act responsibly in a free and democratic society." It is currently composed of about 25 board members with a variety of interests and backgrounds, including media, law, and public members with an interest in open government. The WFOIC is also tasked by state law (Wisconsin SCR 61.02) with designating a media coordinator for each state judicial district.

We understand you have already received numerous communications from other organizations objecting to the above arrests, including the Wisconsin Broadcasters Association, the Society of Professional Journalists, the Radio Television Digital News Asssciation, the Wisconsin News Photographers Association, and the National Press Photographers Association.

With this letter, WFOIC joins the concerns these organizations have previously expressed over these incidents. We question whether the arrests were necessary, or even justified. And we are troubled by some of the statements made by the Milwaukee Police Department subsequent to the arrests, such as the disputed claim that Ms. Wentz-Graff was not following police orders.

The WFOIC firmly believes that government that is open and shares information is rewarded with greater public trust and more informed citizen participation in government. The Wisconsin Legislature has concurred, with its findings in the Wisconsin Open Records and Open Meetings laws that an informed electorate is necessary to the very functioning of democracy. Wis. Stat. 19.31, 19.81.

These worthy goals are undermined when representatives of government - in this case, the Department's officers-arrest journalists lawfully performing their duties and attempting to collect information about public events. Events such as these risk chilling individuals from exercising their First Amendment rights and attempting to obtain information about government and newsworthy events. And perhaps most importantly for the Department, arrests such as these reduce trust and public confidence in the Department.

We join prior commentators for their appreciation of the Department and the work officers to do keep the public safe under often challenging and even life-threatening circumstances. However, the circumstances under which Mr. Fillinger and Ms. Wentz-Graff were arrested were not challenging or lifethreatening, and we hope the Department will take steps to ensure that arrests of journalists lawfully doing their jobs do not occur again.

We concur with the Wisconsin News Photographers Association that the Department sit down with concerned media organizations to amicably discuss these concerns and what steps can be taken to avoid them in the future. We are happy to participate in any such meeting or would be glad to offer any other assistance as the Department works toward a better relationship with the media and respect for the rights of journalists and others exercising their First Amendment rights.

Thank you.

Sincerely,
Wisconsin Freedom of Information Council

Bill Lueders, President
Christa Westerberg, Vice President

Last Updated on Friday, 11 November 2011 11:51