Legal Issue with Occupy Easily Solved!

Move it across the street.

So, the full court press is on to get rid of Occupy/Homeless Tent City. The City Attorney’s office just sent out this memo.

Subject: Legal Issue With Resolution on Extension of Occupy; Legistar 26073

Our office saw the form of the resolution late yesterday.

The permit to occupy the site is issued under Wisconsin Administrative Code chapter DHS 178. Here is a link to that chapter:

http://docs.legis.wisconsin.gov/code/admin_code/dhs/178.pdf

DHS sec. 178.03(4) defines campground as a grouping of “camping units.” “Camping units” means a portable device used as “temporary dwelling.” DHS sec. 178.03(17) defines a “temporary dwelling” as a dwelling occupied no more than 4 continuous months in a 12 month period.

As of April 30, the dwellings at Occupy Madison will no longer qualify for a temporary camping permit. We think it unlikely that any request for a permit could be approved under this definition.

Michael P. May
City Attorney

As usual, finding a way to say no instead of a way to say yes.

I have a questions. If this is true, Soglin probably knew, so why did he spend all that time calling activists and homeless people tea party members and selfish reactionaries; and arguing that it the Occupy site costs money when the fiscal note clearly says it doesn’t; and telling the homeless to come back from where they came from; and using silly lifeboat analogies leading people to ask which people he thinks are worth of saving? He could have simply said, the state won’t let me, my hands are tied.

I hate to state the obvious, cuz it makes people so crazy, but the site across the street is available and not being used and has no immediate plans, no neighbors, is closer to everything for the residents and a supportive alder. And, there is always Central Park, or Union Corners temporarily.

2 COMMENTS

  1. Many of the tents have been empty anyway, and I know of no government tally on the occupied ones. So any single 4 month occupied tent should probably be removed. Any tent with occasional occupants is good for infinity.

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