Bills to curb riots bring questions about free speech

MADISON - The state for the first time would define riots in the law and crack down on them, under three bills that came before lawmakers Thursday.

The bills would make it a misdemeanor to block streets in a riot, make it a felony to participate in a violent riot and to do so while armed. They drew questions from Democrats, free speech advocates and at least one GOP lawmaker about whether they could lead to charges against peaceful protesters.

Rep. John Spiros (R-Marshfield), a former police officer, said his bills are not intended to suppress peaceful protests but rather to ensure that demonstrations remain non-violent.

“I’m looking at how do we keep everybody safe,” Spiros said.

The legislation follows two nights of violent unrest last year in Milwaukee following a fatal police shooting in the Sherman Park neighborhood.

Throughout the riots last year, at least six squad cars were damaged, at least four officers injured and two teens were wounded in separate shootings. The unrest caused an estimated at $5.8 million in damages and led to criminal charges against suspects for arson and looting.

Sgt. Timothy Gauerke, a spokesman for the Milwaukee Police Department, declined comment on the bills as did a spokeswoman for Mayor Tom Barrett.

The legislation is opposed by the American Civil Liberties Union of Wisconsin but supported by several law enforcement groups, including the Wisconsin Chiefs of Police Association and the Badger State Sheriffs’ Association.

One of the Spiros bills, Assembly Bill 395, would define riot as a group of three or more people that either “constitutes a clear and present danger of property damage

or personal injury” or threatens to do so. Those who participate in such a riot would be guilty of a felony.

Several critics at the hearing Thursday say the bills are vague and wondered what would happen in cases where a group was protesting and someone in the group made a threat or acted violently. Rep. Chris Taylor (DMadison), an attorney, noted that she frequently attends peaceful demonstrations.

But, “if one person commits an act of violence or threatens to do so, then I’m in a riot,” Taylor said. “In a big group, oftentimes you don’t know who’s doing what.”

Matthew Rothschild, the executive director of the Wisconsin Democracy Campaign, said that it was already a crime for demonstrators to harm another person, damage property or refuse to comply with police requests to disperse.

“We really don’t need more criminal statutes that cover essentially the same ground,” Rothschild said.

Rep. Jeremy Thiesfeldt (R-Fond du Lac) said he approved of the bill’s goals but echoed some of the Democratic concerns, saying he had “some qualms” about the legislation as drafted.

Spiros stressed he didn’t want to affect lawabiding protesters.

“If we need to take a look at that … I’m more than willing to do that,” he said.

In addition, Assembly Bill 396 would make it a misdemeanor to block streets during a riot and Assembly Bill 397 would make it a felony to participate in a riot while carrying a firearm or other deadly weapon.

Mike Crivello, president of the Milwaukee Police Association, said his union sees value in the package.

“These bills are essentially toward facilitating law and order when it moves beyond — when it moves beyond — lawful assembly,” Crivello said. “Riots are extremely dangerous for everyone present.”

Crivello said the bills clarify the rules of engagement for police officers during disturbances. He said police officers worry about the presence of guns in riots and about the possibility that unruly crowds could block streets to keep emergency vehicles from reaching affected areas.

“Blocking emergency response vehicles is a tactic of rioters,” Crivello said.