Case dropped against Capitol protester - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

Case dropped against Capitol protester

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MADISON (WKOW) -- The citation against a Capitol protester was dismissed Friday.

Jason Huberty received a citation for displaying a banner during a demonstration at the Capitol in September.

Huberty was in court on Thursday and Friday. After Thursday's hearing, the Department of Administration said the ruling by Dane County Circuit Judge Julie Genovese affirmed that state law requires anyone conducting a demonstration at the Capitol must first get a permit.

"Conducting" is the key word here. During the hearing Friday, Genovese defined "conduct" as involving an element of leadership. Huberty's attorney, Bob Jambois, says the state could not prove his client was leading the demonstration and so the case was dismissed.

The Department of Administration says it will now work with the Department of Justice, who is representing the State, to review citations issued to other Capitol protesters to ensure they meet the guideline provided by Judge Genovese. Officials say some citations may be dismissed in the future, while other cases may be strengthened by the court's ruling.

Jambois says his client had three other citations dismissed previously. He says he's aware of many other citations against Capitol protesters that have also been dismissed.

The Department of Administration says the permit requirement for demonstrations has been part of the state's administrative code since 1979.

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