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Wednesday, January 04, 2012

Ind. Gov't. - "I can't let somebody filter who gets to talk to me, and let those who are paid to represent positions be free to talk to me and other people can't."

Here is the complete quote:

Rep. Ed DeLaney, D-Indianapolis, said he's decided he will not meet with any lobbyist until this rule is rescinded.

"I cannot allow some groups to be favored over others," he said. "I can't let somebody filter who gets to talk to me, and let those who are paid to represent positions be free to talk to me and other people can't."

It is from Mary Beth Schneider's comprehensive story today in the Indianapolis Star, headed: "Statehouse rules limit access to Indiana lawmakers." More from the lengthy story:
Want to take an issue to the Indiana General Assembly when lawmakers return to work today? Get in line.

Literally.

Under new policies announced by the state, access will be limited to about 3,000 people. Sort of.

And members of the general public will have to enter only through the east entrance -- except for all the people who don't.

Those folks include not just government employees, but lobbyists, reporters, anyone attending a special event such as a school tour or today's prayer day, anyone with an appointment or court hearing, and anyone whom a legislator has told State Police to let in, such as people the lawmaker wants to testify for a bill.

Those with state-issued ID badges can enter anywhere; those without them but with the pre-approved access must go to the west entrance.

Everyone else? Get in line at the east entrance and hope there's room. Doors open at 7:30 a.m. today, with the House and Senate going into session at 1:30 p.m. * * *

Critics ... say it is aimed at one thing: Stifling the labor union protests that filled the Statehouse last year and are expected to be even more clamorous this session as the legislature debates the so-called "right to work" issue. The law, which is the top priority of Gov. Mitch Daniels and the GOP legislative leaders, would ban companies and unions from negotiating contracts that require non-members to pay fees.

[State administration officials] Bursten, Wynkoop and Greeson pointed to last year's protests as highlighting the need for rules on the number of people in the Statehouse and what they can do inside.

"Until last year, this wasn't an issue," Bursten said. * * *

The Government Affairs Society of Indiana -- which lobbies for lobbyists -- sent its members a memo saying lobbyists without state-issued ID badges can still enter through the west entrance, avoiding any lines at the east entrance. They will have to go through the metal detectors as does anyone without the ID badge, but "the officers will have a list of all lobbyists, and you will be allowed entry to the building," the memo stated.

Treating lobbyists differently from the rest of the public "smacks of closed government," [Julia Vaughn, who lobbies on public access and government issues for Common Cause/Indiana] said. "You don't need to have a legislator's blessing to show up at the Statehouse and offer your point of view."

Getting people to come to the Statehouse "is a tough sell already," she said, "and believe you me, it's going to be impossible if we cannot guarantee people they cannot get in the building."

Niki Kelly's story today in the Fort Wayne Journal Gazette addresses all the "nuts and bolts" isssues:
INDIANAPOLIS – Gov. Mitch Daniels’ administration has set up a three-tiered Statehouse security policy that seems to favor some Indiana citizens over others for entry into the Capitol building.

Those in the first two levels – including employees, lobbyists, credentialed media and those on special lists to testify or attend scheduled events – receive priority. Regular citizens must stand in line and hope there is room in the building, according to clarifications about the policy issued Tuesday.

It is just one part of a Statehouse security crackdown that is causing concern. On Tuesday, Indiana State Police told one college student to throw out her can of Dr Pepper from her lunch bag. Officials later said cans are no longer allowed because they are “potentially dangerous,” but then pointed out that cans are available for purchase inside the building.

Also Tuesday, new signs set aside use of one of four elevators exclusively for elected/appointed officials and staff. * * *

Julia Vaughn, director of Common Cause Indiana – a nonpartisan group aimed at citizen participation in the political process – said the changes are offensive and ill-conceived, even suggesting someone might sue.

“It smacks in the face of open government. It takes the people’s house away from the people,” she said. “What problems were there last year? It’s a big hassle but I saw no safety problems. It’s Hoosiers’ right to be there and be loud as long as they are peaceable.

“That’s part of democracy. Sometimes democracy gets loud and messy.”

State officials unveiled the new policies, including a new 3,000-person occupancy cap, on Friday.

They get their first test today – the start of the legislative session – because union protesters are expected to be out in force against the proposed right-to-work bill.

Last year there were sustained protests for several weeks.

In response, Greeson came up with the 3,000-person limit – there has never been a documented occupancy limit before – for the 217,000-square-foot building with massive stairways and 12 exits.

Much of the criticism is not with the 3,000 number, but more that some Hoosiers are given special access.

The first-tier consists of about 1,500 Statehouse badge holders. This group largely consists of state employees and lawmakers, but it also includes a small number of credentialed media who have offices in the building; and 254 lobbyists who paid $100 for passes to avoid security and assorted contractors. The Journal Gazette has one of these passes.

People in this group is always counted as being in the building even if they aren’t present, automatically reducing the 3,000 limit by 1,500.

The next group includes about 200 people a day who are visitors attending scheduled Statehouse events, such as awards presentations; attorneys appearing before supreme and appellate courts and school tours.

Wynkoop said an unknown number of additional people can be put on a special list with preferred status by legislators to visit the building, testify on bills at public hearings, attend a session to be honored or meet with lawmakers.

It is unclear how many this tier could hold on a daily basis because legislators have never kept such lists before.

Whatever number of people not taken up in the 3,000 limit from the first two tiers will be available for citizens standing outside at a separate entrance hoping to gain access.

This includes citizens not on a special list to testify, people wanting to visit the historic building, someone who wants to hear a Supreme Court oral argument or other activity in the building.

Last year, Wynkoop said the building rarely hit the 3,000 limit, so he doesn’t expect it to be a problem very often.

State Police officers will now be posted at previously-unmanned exits to try to count those who leave, but officials conceded the numbers won’t be exact.

Some state lawmakers offered harsh reaction to the new limits, while others are waiting to see how it works.

“It is a tradition for Hoosiers to come to the Statehouse to testify, rally, support, oppose – participate in our constitutional government,” said Rep. Win Moses, D-Fort Wayne. “This is the worst attempt to suppress opposition in Indiana history.”

He noted that legislators have never before kept daily lists of citizens visiting the Statehouse and doesn’t think it will be possible to sign up ahead of time for fast-moving committee hearings. He also said some legislators might not want to put people on a list who oppose their bills.

ILB: In short, it looks like all the "what about" questions asked in this Dec. 30th ILB entry have been addressed in the latest version of the administration's policy -- those have been carved out as exceptions to the policy, leaving the new restrictions applicable only to citizens coming to the Statehouse to petition their government.

[More] "New rules at Statehouse under scrutiny: Critics question constitutionality of new measures," a story today by CNHI's Maureen Hayden in the Logansport Pharos-Tribune. A quote:

Ken Falk, the legal director of the American Civil Liberties Union in Indiana, said the new rules raise issues about limits on free-speech rights that are protected by the Constitution and upheld by court rulings.

“There a lot of questions about how the rules were made and how they'll be enforced,” Falk said. “We're looking into it.” * * *

Falk said the courts have allowed government units to impose limits on free speech, but the limits must be “narrowly tailored” and must be applied in a “content-neutral” way.

That means the rules must be applied to all Statehouse visitors, Falk said, and not just the ones that might be voicing opposition to bills supported by the Republican-controlled Legislature.

"New Indiana Statehouse security rules limit protesters, signs, canned drinks," is the headline to this story by Eric Bradner in the Evansville Courier & Press. Some quotes:
INDIANAPOLIS — Staffers, journalists and 254 registered lobbyists. School groups and sports teams, organizations that have scheduled events and individuals that lawmakers have lined up to testify on their bills.

They all qualify for preferred access to the Statehouse under new security policies — including a maximum capacity of 3,000 people — that Gov. Mitch Daniels’ administration has announced just before Wednesday’s start of the Indiana General Assembly’s 2012 session.

Those who don’t make the cut: Hundreds of pro-labor protesters who could to pack the Statehouse each day to oppose the “right to work” measure that Daniels and majority Republican legislative leaders intend to push.

They’ll join other members of the public who have two options. They can convince a lawmaker to add them to a guest list counted as part of that 3,000 before others are admitted in, or they can stand in line at the one Statehouse entrance that is open to all — until the cap is reached.

Controversy over the new rules bubbled up Tuesday, just before the start of a session where the debate over “right to work” — which allows workers to opt out of paying union dues — will start immediately.

A tweet this morning:
nkellyatJG Niki Kelly: A few union folks have already made it in the heavily-guarded Statehouse. It's weird to see police at every entrance & a bomb-sniffing dog.
Another:
marybschneider Mary Beth Schneider: More police than I recall ever seeing anywhere. Are hoosier citIzens really that frightening?

Like an armed camp at statehouse. More state police than I've ever seen. What assignments were they pulled from for this?

Posted by Marcia Oddi on January 4, 2012 08:28 AM
Posted to Indiana Government