MASEL TURNED DOWN AGAIN ON MAYORS PROTEST;

He Files For New Permit Under Obscure City Law

After three hours of procedural confusion, antagonistic exchanges and
rancorous cross-examinations of witnesses, the recently convened
Administrative Review Board voted to uphold a city panel's decision to deny
activist Ben Masel's use of the 200 block of Martin Luther King Jr.
Boulevard during the annual meeting of the U.S. Conference of Mayors in June.

Masel said after the meeting that he would appeal the board's decision to
the City Council.

Assistant City Attorney Lara Mainella said, however, that city ordinances
do not provide for an appeal to the council. "His next step would be
circuit court," Mainella said. Masel said today that his appeal to the
council is on the agenda for Tuesday's meeting, but just in case that would
be denied, he has found a backup plan.

"I was searching the online ordinances last night," Masel said today, "and
I found this ordinance for a use permit for the land right in front of
Monona Terrace."

That small strip of land leading from Wilson Street to Monona Terrace is
called Olin Terrace, and an ordinance has been on the books for years that
allows groups to use the terrace.

Masel went to the City Clerk's Office this morning and asked for such a
permit for June 14-18, from 9 a.m. to 9 p.m. His request said there would
be between 15 and 51 people gathered at the site to hold signs, distribute
handbills and make speeches. "Exact space needs within the Olin Terrace are
flexible, subject to orderly pedestrian flow, etc.," his request said.

Masel also said three "peace marshals will be designated, who will
cooperate with city of Madison police for any crowd control as may be
required."

There was no immediate word on the city's response to Masel's latest
request, although the city seems intent on keeping Masel and his band of
marijuana supporters away from the U.S. Conference of Mayors convention at
Monona Terrace.

This is only the second time in recent years that the Administrative Review
Board has met to review an appeal of a city Street Use Staff decision, and
the inexperience of the panel, which included two members appointed just
last week, showed Wednesday night. Although the group elected officers and
voted to observe Robert's Parliamentary Rules of Order, procedure was often
haphazard.

Paul Kasuda was the only member of the five-member committee to decline to
cast a vote, and he did so because of the imprecise manner in which the
meeting was conducted.

"I abstained because process is important," he said after the meeting.

Masel, a longtime community activist and organizer of Weedstock and other
events, submitted an application more than a year ago to hold a
demonstration June 14-15 on the 100 and 200 blocks of Martin Luther King
Jr. Boulevard. The Conference of Mayors meeting, which is expected to draw
hundreds of mayors from around the country, will be held June 14-18.

In April, the city's Street Use Staff Team granted Masel use of the 100
block of the boulevard, but, citing security concerns, declined use of the
200 block.

Members of the Administrative Review Board were clearly not prepared for
long proceedings, which lasted from 5 to 8 p.m. Godwin Amegashie, citing a
need to get home, threatened several times to leave the meeting, and
Assistant Attorney Mainella was prevented from introducing some documents
into evidence so that the panel could wrap up its work.

Amegashie also expressed his frustration that the review board was forced
to rely on "he said, she said" testimony because the Street Use Staff Team
does not, according to Lamberty, keep minutes of its meetings.

"If the minutes were there we wouldn't be going through this exercise,"
Amegashie said.

Ald. Tom Powell, who served as a witness for Masel and urged the board to
uphold his appeal, said that the lack of these minutes and other procedural
missteps by the city would play out in Masel's favor in court.

"If you vote against Mr. Masel's permit, I hope he does take it to court,"
Powell said. "I can't help but think he'd win."