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News (Media Awareness Project) - US WI: Police Arrest Masel at UW
Title:US WI: Police Arrest Masel at UW
Published On:2006-07-01
Source:Wisconsin State Journal (WI)
Fetched On:2008-01-14 01:07:46
POLICE ARREST MASEL AT UW

UW-Madison Police arrested Ben Masel, an activist and potential U.S.
Senate candidate, around 11 p.m. Thursday at the Memorial Union
Terrace while he collected signatures to place his name on the 2006
ballot.

The police pepper-sprayed Masel before arresting him and issued him
citations for disorderly conduct, resisting a police officer and
trespassing, and remaining after noticed to leave, all misdemeanors,
said UW-Madison Police Lt. Bill Larson.

This is not the first time Masel has run into trouble with
authorities. One incident involved Masel winning a $95,000 settlement
from Sauk County after police arrested him during the 2000 Weedstock
festival.

"I'll definitely be seeking charges," Masel said. "It's not a settled
issue."

Around 10 p.m., Masel said, two, younger Memorial Union managers
approached him and said he couldn't solicit signatures on the
property, and asked him to leave. Masel said he "politely declined"
and said he is allowed to collect signatures on public grounds. He
said he carried a few clipboards and a large white sign throughout the
evening.

When the two Memorial Union managers returned a few minutes later,
they said they would call the police if he didn't leave.

Officers John McCaughtry and Michael Mansavage arrived a few minutes
later around 11 p.m. and asked Masel for his identification.

Details of the following confrontation differ, depending on the
source. However, officers used pepper spray on Masel in the eyes
before placing him under arrest.

Masel claimed he never struggled with the officers.

"If they had said something along the lines of 'Mr. Masel, you're
under arrest,' I would have put my hands behind my back and complied,"
he said.

Mayor Dave Cieslewicz, who was at the terrace, said he didn't see
Masel disturbing anyone.

"I didn't feel Ben was causing any disruptions," Cieslewicz said. "I
certainly didn't feel he was disrupting my evening at all. I didn't
see a reason to remove him from the terrace."

Roger Vogts, assistant facilities director for the Wisconsin Union,
which includes Memorial Union and Union South, said Memorial Union has
a policy that doesn't allow people to hand out free literature,
collect signatures or various similar activities in specific areas of
Memorial Union.

"One of the areas that you're not allowed to do those activities (is)
the Terrace," Vogts said. "We don't want people coming in, going table
to table, bothering people."

This policy also applies to other food service areas at Memorial
Union.

People can however collect signatures in the main lobby or in front of
the building facing the street, Vogts said. This is considered a good
alternative location because many people walk through the main lobby
to get to the Terrace, he said.

Jeff Scott Olson, Masel's attorney, said his client is innocent of any
violations.

"If there is any administrative rule that prevents him from doing what
he was doing, it's probably unconstitutional," Olson said.

Masel's court date is July 24, at which time he will appeal the
citations. For the time being, he and Olson will attempt to reach an
understanding with the university that will allow him to collect
signatures before his court date.

Masel said he has 1,300 signatures, 700 shy of the 2,000 requirement
to place his name on the 2006 ballot. The deadline is July 11.
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