Madison 5 Awarded $10,000 Judgement Against City of Madison/Madison PD

For immediate release:

On September 18, 2010 five law abiding Wisconsin residents were peacefully
having dinner at a Culver's Restaurant in Madison, Wisconsin. These 5
individuals, who were legally openly carrying as provided by Wisconsin law had
finished their dinner and were preparing to leave the restaurant when they were
unlawfully detained by a mass of Madison police officers.

Despite the absence of reasonable suspicion or probable cause of any crime or
violation, Madison police illegally demanded identification from the men under
the threat of arrest if they did not comply. 2 individuals who chose not to
comply with the illegal action of the Madison police were subsequently arrested
and cited for obstruction. 2 days later those unlawfully issued citations were
rescinded and all 5 men, even those who complied with the officers illegal
demands were issued citations for disorderly conduct.

On May 5th of 2011, the frivolous disorderly conduct charges against all 5 men
were dropped.

Wisconsin Carry, Inc. a non-profit corporation dedicated to protecting and
advancing the right of Wisconsinites to carry in the manner of their choosing,
open or concealed, filed a federal lawsuit against the City of Madison and the 5
Madison Police officers who participated in the unlawful detainment and
treatment of these 5 individuals. A copy of that lawsuit is available here:

http://www.wisconsincarry.org/pdf/Madison5/lawsuit.pdf

Today a judgment of $10,000 against the City of Madison and 5 Madison police
offers was agreed to by Wisconsin Carry, Inc. and our 5 co-plaintiffs. This
judgment will be entered into the record of the Federal District Court, Western
Wisconsin.

A copy of the judgment agreement can be viewed here:

http://www.wisconsincarry.org/pdf/Madison5/Doc_10_Acceptance_of_OOJ.pdf

Wisconsin Carry will continue to employ and "all of the above" approach to advancing and protecting the right to carry in the manner of one's choosing in Wisconsin. Included in those methods are lawsuits, grass roots legislative activism, public education/awareness, free concealed weapon license training, and every other effective measure.


Carry On,

Nik Clark
Chairman/President - Wisconsin Carry, Inc.
www.wisconsincarry.org
nik@wisconsincarry.org
www.facebook.com/groups/wisconsincarry
www.youtube.com/wisconsincarry
www.twitter.com/wisconsincarry

WCI Files 2nd Suit Against MPD

From Wisconsin Carry, Inc -

Greetings in Freedom,

Wisconsin Carry has filed a second lawsuit in response to the "Madison 5" Culvers incident from last fall.

To Recap:

On Saturday, September 18, 2010, five (5) members of WCI met for dinner at a Culvers Restaurant in Madison, Wisconsin. Each of these individuals was openly carrying a handgun when they arrived at the restaurant, entered the restaurant and ordered and ate their meals. At or about the time that the WCI members finished their meal and left the restaurant, a woman in her car observed them openly carrying handguns and called 911 to report it to the City of Madison Police Department. The 911 caller informed the dispatcher that she didn't know if it was an emergency, the men were doing nothing wrong and appeared totally relaxed, weren't threatening anyone and the restaurant was full of people but they each had sidearms and she didn't know if that was legal.

Upon being informed by the 911 dispatcher that open-carry is legal the woman stated "then there is no problem and its not an emergency". The dispatcher then suggests that if the woman is concerned or disturbed then it becomes a problem and the woman says "no they weren't threatening anybody or acting threatening". When the dispatcher informs the caller they are sending officers she says "well I feel bad then because they weren't doing anything wrong"

Listen to the 911 call here:  http://www.wisconsincarry.org/video/Madison5-911.wav

As these WCI members left the restaurant, they were accosted by eight(8) City of Madison police officers, who demanded that they produce identification, and threatened that if they did not do so, they would be arrested. From the time that these WCI members arrived at the restaurant up to and including the time that the police officers confronted them and demanded that they produce identification or face arrest, none of the WCI members violated any law, nor were they involved in any violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, nor did they through their conduct cause or provoke any disturbance.

Wisconsin law does not allow officers to arrest for merely refusing to provide ID. 2 days later, Madison Police admitted the error in arresting and charging our members with obstruction, rescinded those tickets and instead, despite there being no disturbance, and no laws broken, issued disorderly conduct charges to all 5 of our members.

Wisconsin Carry filed our first federal lawsuit against the Madison Police Department 10 days after the original incident to challenge the Madison Police Departments unconstitutional policy of arresting law-abiding OC'ers if a call/complaint comes in.  That lawsuit remains in front of the Federal Court in Madison.

This second lawsuit is being filed as the disorderly conduct charges against the Madison 5 were dropped this past spring.  In this lawsuit WCI seeks damages on behalf of the Madison 5 for the unlawful detainment/arrest including legal costs associated with preparing for the defense of the unlawfully issued disorderly conduct citations.

A copy of this lawsuit can be viewed here:

http://www.wisconsincarry.org/pdf/Madison5/Doc_1_Complaint.pdf

Wisconsin Carry, a 100% volunteer non-profit corporation, will continue to use the federal court system to seek remedy for and deter instances where the rights of law-abiding Wisconsin residents who carry in the manner of their choosing, open or concealed (as of Nov. 1st when the new concealed carry law goes into effect)are violated.

Carry On,

Nik Clark
Chairman/President - Wisconsin Carry, Inc.
www.wisconsincarry.org
nik@wisconsincarry.org
www.youtube.com/wisconsincarry
www.twitter.com/wisconsincarry
facebook:  Search "Wisconsin Carry"

Charges Dropped Against Madison 5

For immediate release: 

Last fall five Wisconsin Carry members were peacefully enjoying dinner at a Madison area Culvers restaurant. Like thousands of Wisconsin residents, they carry a sidearm for self-defense as a daily practice in the only manner currently provided by Wisconsin law. After a 911 caller inquired as to the legality of open-carry, Madison police arrived en masse and illegally demanded identification from all five. Two members who politely declined to provide ID were wrongfully cited for obstruction of justice. (Wisconsin, a free state, does not require you produce identification when you have done nothing wrong.) Those citations were rescinded 2 days later and all 5 were mailed citations for disorderly conduct despite no evidence of a disturbance. Details of that initial incident are available on Wisconsin Carry's websitewww.wisconsincarry.org. Click on the "Sept. 23rd 2010" blog heading for details including the audio of the 911 call. 

Wisconsin Carry filed a federal civil lawsuit against the City of Madison and Police Chief Noble Wray on September 29, 2010. That lawsuit can be viewed here: http://www.wisconsincarry.org/pdf/Ma...nComplaint.pdf

Wisconsin Carry also retained, on behalf of our members, notable defense attorney Chris Van Wagner, principal of the Madison law firm Van Wagner & Wood http://www.vanwagnerwood.com/ to contest the wrongfully issued disorderly conduct citations. 

Today, Wisconsin Carry is pleased to announce that Attorney Van Wagner has informed us that all of the charges against the "Madison 5" have been dismissed. According to Attorney Van Wagner "The Madison City Attorney agreed after a full review of the police investigation and 911 call that there was absolutely no disturbance created by our members and that the disorderly conduct citations were inappropriate". Van Wagner also added that "The ONLY disturbance created on that Saturday evening was by a mass of uniformed Madison police officers and squads arriving to investigate law-abiding citizens having dinner" 

Questions about this incident and subsequent actions by Wisconsin Carry and our attorney may be directed to Wisconsin Carry or Attorney Chris Van Wagner. Wisconsin Carry will shortly be filing a second civil lawsuit against Madison Police Chief Noble Wray and the City of Madison to obtain damages on behalf of our members for their wrongful detainment and costs associated with disposing of the citations. 

Wisconsin Carry, Inc. is a non-profit organization dedicated to the preservation and advancement of the ability of law-abiding Wisconsin residents to legally carry in the manner of their choosing (open or concealed). 

Carry On, 
Nik Clark Chairman/President - Wisconsin Carry, Inc. nik@wisconsincarry.org www.wisconsincarry.org

 (bold emphasis mine)

This is good news indeed.

Locked & Loaded

A pretty decent profile of an OCer down in Madison.  Decently researched and well written.

Of course PSH ensue.

 One thing for sure — let a few folks go nutso or a couple of gunfights erupt in a bar and you will see a rapid change in the public attitude toward weapons, concealed or open, and soon after laws would be changed.

Just like in those 48 other states that allow CCW...

(h/t to The Duck)

WCI vs MPD

The suit has been filed, full email can be read after the jump (it's long)  A copy of the full suit can be read here.

Wisconsin Eye

WCI President Nik Clark and MPD Chief Noble Wray do some talking.

I can see why the Chief has his job, he seems like the touchy-feely kind of guy.  I guess if somebody calls you in for OCing in a shirt they think is ugly, you'll get nailed with a DC charge.

I'm also glad I'm not a member of M&I bank.  Not for the gun thing, but no hats? Really?

Madison 5 Update

From WCI:

We plan to file the federal lawsuit against Madison tomorrow.


In addition to WCI as an organization, our attorneys have suggested that our case has better standing if we add some individual WCI members as plaintiff's.

Because of the memo that the Madison Police Department issued, our attorneys maintain that there has been a chilling effect on the ability of WCI members to exercise their right to carry in Madison for fear of police harassment/unlawful detainment.

If you live or work in Madison and are concerned about getting detained/unlawfully searched/firearm seized during a non-consensual stop, please contact me asap.

Being added as a plaintiff means that you would be listed on the official complaint. You would not need to speak to media at all (in fact we would prefer you do not) but you may at some point be deposed during the lawsuit so that we can prove that Madison's unconstitutional policy of detaining people merely because they are OC'ing is infringing on people's right to carry.

Please send me an email asap if you live or work in Madison and are reluctant to carry their for fear of unlawful police contact.


Nik Clark
Chairman/President - Wisconsin Carry, Inc.
nik@wisconincarry.org

Madison 5 911 call

WCI has gotten the audio from the 911 call in regards to the event through a Freedom of Information request.

Click Here For Audio

So really it doesn't seem like the dispatcher is at too much fault. (The AG didn't pass anything, he just expressed his opinion on the meaning of the state's constitution.)

The responding officers on the other hand...

New Press Release from WCI

About the Madison 5.  It's long, so I'm putting it after the jump.

Madison 5 Update

This was posted earlier today on the OC Forum:

Wisconsin Carry, Inc. is filing a federal lawsuit against the Madison Police Department.

We are fast-tracking this lawsuit.

Before the incident at Culvers we were already preparing to file another lawsuit in the next week or two for a previous incident with a different municipality from this past summer. As such, in consideration of those legal costs, we could use some contributions specifically for the "Madison 5" lawsuit.

If you would like to contribute to fund specifically the lawsuit for the "Madison 5" Culvers incident there is a you may contribute via our website.

www.wisconsincarry.org

Contributions from the donate button on the homepage will go specifically towards the federal lawsuit and also the attorney that will be retained if need be on behalf of the "Madison 5" to fight their unlawful DC charges.

Donations may be mailed to:

Wisconsin Carry, Inc.

P.O. Box 270403

Milwaukee, WI 53227

Please indicate "Madison 5 lawsuit" on the memo field of the check

Carry On,

Nik Clark

Chairman/President - Wisconsin Carry, Inc.

Wow.

If you live in District 3 in Madison, you may want to elect a new Alder-person.

One of the members on the Wisconsin OC Forum sent a message to the city Alders in regards to the Madison 5, and this is what they got in response:

Have a good time staying at home. While legal, it's inappropriate and aggressive to pack your little pistols in public places. We won't miss you or the childish displays of constitutional freedoms.

Lauren Cnare 

 District 3 Alder

Just Wow.

Her contact information can be found here.

The hole deepens...

From the OC Forum a couple hours ago:

For Immediate Release:  Sep 22, 2010
For More Information Contact: Joel DeSpain (608)266-4897

OPEN CARRY & THE MPD


New Charges To Be Issued Regarding Culver's Incident


The Madison Police Department (MPD) has conducted a review of an incident that took place this past Saturday night at Culver's Frozen Custard restaurant, 4301 East Towne Blvd. Based upon the further investigation, Chief Noble Wray has concluded the appropriate charge for all 5 armed individuals is Disorderly Conduct (DC). Accordingly, DC citations will be issued, and Obstructing a Peace Officer tickets given to two will be rescinded.

Officers were dispatched to the restaurant around 6:50 p.m. after a 62-year old Madison woman called 911. She had just observed several men with handguns in holsters enter the crowded Culver's restaurant. In her initial statement to officers, she stated" I didn't know what the law was, and I thought I should at least call so the police can come and check it out cause I didn't want to be that one person that saw guns and didn't call, and then have something terrible happen". In a follow-up interview with detectives, she further stated that she thought it was very odd that these individuals with guns would be at a family place. She noted she felt somewhat "rattled" and also "felt uneasy" about the subjects having the handguns at the family restaurant. She went on to say that they all appeared calm, but noted "people who shoot up restaurants also look calm before it happens." She did state that she was very concerned that if she didn't make the call and something did happen, she would feel horrible.

The MPD made contact Saturday night with the five men who were openly carrying handguns. Upon officers' requests, three of five produced identification so that officers could determine they were not convicted criminals. Two of five refused to produce identification and were issued Obstructing a Peace Officer citations. It was determined they were not felons and handguns were returned.

The officers were faced with an ambiguous situation. When responding to investigate suspicious - or potentially dangerous - circumstances, police must:


• Preserve or Restore Order and Public Safety.


• Investigate whether a crime had been committed, was being committed, or was about to be committed.


• Protect the Constitutional Rights of those involved.

The complainant's statement clearly reveals that she recognized the potential for violence from these armed men, and it was this fear that motivated her call to police. On the basis of this fact, the MPD will be rescinding the 2 obstructing citations. They were issued in error. Instead, citations for City Ordinance DC will be given to those who engaged in the behavior that led to the need for police to be called.

The DC statute does not require an actual disturbance take place, only that conduct in question is of a type that tends to cause or provoke a disturbance

Chief Wray wants to make clear: It is the department's wish that concerned citizens call 911 when they see armed subjects.


Following Saturday's incident, he sent an internal memo to all officers:

MPD officers regularly are dispatched to reports of individuals who are armed with firearms. When responding to these incidents, officers should:

• Approach the suspect using the proper tactical response. The individual should be contacted, controlled, and frisked for weapons if appropriate. Officers should separate the suspect from any weapons in his/her possession during the encounter.

• Officers should conduct a thorough investigation to determine whether any violations of state statute or city ordinance have occurred. Some of the relevant offenses to consider include:

• Carrying a Concealed Weapon (§941.23)
• Disorderly Conduct (§947.01)
• Carrying a Firearm in Public Building (§941.235)
• Carrying Handgun Where Alcohol Beverages May be Sold and Consumed (§941.237)
• Being a Felon in Possession of a Firearm (§941.29)
• Safe Use and Transportation of Firearms (§167.31)
• Possession of Short-Barreled Shotgun or Short-Barreled Rifle (§941.28)
• Gun-free School Zones (§948.605)
• Possession of a Dangerous Weapon by a Person Under 18 (§948.60)
• Endangering Safety by Use of Dangerous Weapon (§941.20)

• Officers should verify that the firearm is not stolen, and attempt to verify that the person possessing the firearm is not legally barred from doing so (as a felon, due to an injunction, etc.). However, someone who has been detained is not legally obligated to provide identification to officers if no criminal ordinance violations have occurred. A person who refuses to provide identification should not be arrested for obstructing; however, if probable cause for another offense exists the suspect should be arrested for that offense and can then be identified during the citation or booking process.

• When responding to incidents involving subjects openly carrying firearms in public places, officers should investigate to determine whether the suspect's actions caused or were likely to cause a disturbance. The primary factors to be considered include the location, time of day and witness/bystander perceptions. Remember that the disorderly conduct statute does not require that an actual disturbance take place, only that the conduct in question be of a type that tends to cause or provoke a disturbance.

• It is my expectation that MPD officers encountering individuals who are armed with firearms in public places will take a pro-enforcement approach. If the investigation shows probable cause for a violation, the suspect should be arrested or cited.

(Official Release from the City of Madison)

This of course flies directly in the face of Van Hollen's memo last year.  Best of luck to the MPD?

Another Article

From the Wisconsin State Journal about Saturday's event.  Actually decently written and rather unbiased.

OC Update/roundup

A little more about Saturday's confrontation with Madison PD.

Journal Sentinel and Wisconsin State Journal articles, as well as a story from WISN. (Looks to be primarily about the return trip the next day, the computer at work is missing it's flash player for some reason...)


A more in depth play by play from WCI on the OC Forum.


Madison PD internal newsletter from 2004 showing the officers should have known they were in the wrong (right side, first page, 3/4s down about...)-

However, Wisconsin law currently does not allow officers to arrest citizens simply for failing to identify themselves.

Also a press release from ICarry.org:

ICarry.org - Sept 20, 2010 Breaking News Release: Lessons from Wisconsin's Last Incident of Police Harassment of Citizens Lawfully Carrying Firearms in the Open




On Saturday, September 19th, a group of five responsible firearms owners gathered to share company and conversation at Culvers on Town Blvd in Madison, Wisconsin. Approximately eight Madison police officers approached the firearms owners who were enjoying food and discussion with one another.


Demanding identification of the gun owners, officers used intimidation and coercion in attempts to force the citizens to provide ID. State law does not allow officers to demand ID in circumstances like this, and Madison PD’s very own “legal updates” explains exactly why refusing to provide ID is not “obstructing.”


http://www.cityofmadison.com/police/...Summer2004.pdf


Despite this well-known aspect of law, at least two of the law-abiding firearms owners were arrested and cited with “obstructing” charges for not providing ID. All of the citizens were harassed in public, intimidated and coerced, and inconvenienced and humiliated by the disrespectful, diminishing, and suppressive behavior of Madison police officers.


ICarry.org would first like to thank Wisconsin Carry, Inc. for its steadfast resolve to protect citizens’ rights in Wisconsin. ICarry.org is committed to supporting Wisconsin Carry, Inc. and all responsible firearms owners in the state.


The vast majority of officers are well-trained to respect the rights of citizens openly carrying firearms. Over the past few years in Wisconsin, a great deal of education has been provided for police, and police throughout the state have been exhibiting exemplary performance. There have been only a select few isolated incidents of failure of training or behavioral problems with police.


ICarry.org would like to see this incident be the last. It’s time to accept and embrace the lawful practice of open carry. There is no need to discriminate or profile against open carriers – they should be afforded the same level of dignity and respect as all other peaceful citizens. Like police officers, they too carry a sidearm only for self-protection.

 (note: date should be Saturday, September 18th)



Photo from the incident (from the OC Forum)



Audio from the event here or here.



Rumor is that a 60+ year old woman, possibly a customer, called them in saying something to the extent of "I don't know if it's legal or not, but there's a bunch of guys with guns, and I would just hate to have not called if something bad were to happen."

Not a big deal really, however, as has happened several times in the past, the dispatcher has not simply told the caller that it is legal, and maybe had a squad drive past, but instead dispatched officers, who then unlawfully detained and charged individuals.  Poor practice by MPD.

From how it all sounds, WCI's got a cut and dry case, with plenty to back it up.  I'm glad I'm a member.

Avast! Madison Police Overstepping Their Bounds

The following press release was sent out a couple hours ago by Wisconsin Carry Inc.:

Saturday night at approximately 7:30 pm 5 Wisconsin Carry members were peaceably dining at a Culvers in Madison.


8 Madison Police officers arrived and demanded ID from our members. As Wisconsin is not a police-state, Wisconsin law does not require you to provide identification to an officer unless you are operating a motor vehicle.

2 Wisconsin Carry members, in consideration of their legal rights politely declined to provide ID and were handcuffed, detained, and issued citations for obstruction.

Wisconsin Case-Law clearly states that refusing to give your name is not grounds for obstruction.

"No law allows officers to arrest for obstruction on a person s refusal to give his orher name. Mere silence is insufficient to constitute obstruction." Henes v. Morrissey,194 Wis. 2d 339, 533 N.W.2d 802 (1995).

Wisconsin Carry filed suit against the Racine Police Department on January 8th 2010 for unlawfully arresting one of our members, Frank Hannon-Rock, on obstruction charges for refusing to provide ID. Wisconsin Carry obtained a $10,000 judgement against Racine in that case where the Racine City Attorney explains to the Racine City council that the officers did not have the authority to arrest Mr. Hannon-Rock.

audio of that encounter is available here:

http://www.youtube.com/wisconsincarry#p/a/u/1/PuiO8tixuKY

Wisconsin Carry will be taking action against the Madison Police Department and the officers who illegally detained, handcuffed, searched, and cited our members.

Wisconsin Carry, Inc. is a non-profit Wisconsin corporation dedicated to the protection and expansion of the right of law-abiding Wisconsinites to carry in the manner of their choosing. www.wisconsincarry.org

Nik Clark
Chairman/President - Wisconsin Carry, Inc.

I'll try to keep track of this one.