Trespassing is illegal without section 6(a)(b)

Yesterday, I was asked, "What is my angle?" when putting forward changes to ordinances that have been in the books for years. Without hesitation, I explained my reasoning. Becoming an alder was primarily motivated by the needs of the unsheltered population. At the beginning of my term, a list of ordinances and policies that targeted the unsheltered population surfaced. I couldn't understand why we have an ordinance declaring homelessness a protected class while using regulations to criminalize not having housing.

Ordinances are often a moment in time, a reflection of the views of those who have the energy and resources to raise their voices. Sometimes, our collective voices are a tool that allows us to express outrage over injustices or to elevate the power of the community and the will of the people! But sometimes, our collective voices are used for fear-mongering with the intent to cast a shadow over others. It is easier to see people as less than human when we strip them of their humanity. We let fear overrule logic and place ourselves at the mercy of people who use their time to propagate misinformation.

FACT: Trespassing is illegal without section 6(a)(b)

The Wisconsin Court of Appeals held that "a police officer may serve as an agent of an owner or occupant to give notice of a trespass.",State v. Horn, 377 N.W.2d 176, 182 (Wis. Ct. App. 1985).

• Thus, pursuant to State v. Horn, even if it is the case that trespassers must receive notice that they cannot trespass, police officers may deliver that notice to enforce trespassing ordinances.

Therefore, Section 2 of the Trespassing Ordinance covers any trespassing regardless of whether the person is sleeping, signing, or standing!

"It shall be unlawful for any person to enter or remain on any property of another or to enter or remain in any building of another after having been notified by the owner or occupant not to enter or remain on such premises."

• However, we are suggesting to update Section 2 to read: "It shall be unlawful for any person to enter or remain on any property of another or to enter or remain in any building of another after having been notified by the owner or occupant or an individual authorized by the owner or occupant not to enter or remain on such premises."

FACTS:

• Sleeping in a doorway - The ordinance for that is 24.07 - OBSTRUCTION OF BUILDINGS.
• Sleeping on a sidewalk? The ordinance for that is 10.23 - OBSTRUCTION OF STREETS AND SIDEWALKS.

FACT: MPD has handled thousands of trespassing cases over the past five years; 6(a) was used four times, and 2 citations could have been written under section 2.

From https://www.cityofmadison.com/police/newsroom/incidentreports/

FACT: MPD will respond but response times won't change

I do not doubt that MPD trains its officers to treat everyone with dignity and respect. Some officers work with outreach to keep the unsheltered population safe. As you have seen above, MPD has the tools to keep you and your property safe. Removing 6(a)(b) will remain the same response time; they will respond depending on their workload and priorities. You called them, and they will show up! If you report trespassing, they have the authority today to ask people on your behalf to move along.

FACT: Homelessness is a protected class in Madison, Wi

We have an opportunity to find alignment with the city's values and a responsibility to change the conversation. Please don't stand on the sidelines when people use derogatory names or create hyperbolic scenarios based on irrational fears. You have the power to change the conversation!

As for the Panhandling Ordinance, check out this blog for information.

Special Thanks: I discussed the changes to these Ordinances with Staff from the police department, including Chief Barnes and the city legal team. Thank you all for your research, conversation, and teamwork!