Kissick, Michael v. Huebsch, Michael et al

Filing 12

ORDER that plaintiff is to promptly file proof of service of the summons, complaint, motion and support documents. Upon receipt of proof, the court will schedule a conference to set deadlines for plaintiff's motion for preliminary injunction. Signed by District Judge William M. Conley on 2/14/13. (rep)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN MICHAEL KISSICK, Plaintiff, ORDER v. 13-cv-99-wmc MICHAEL HUEBSCH, in his official capacity as Secretary of the Wisconsin Department of Administration, and DAVID ERWIN, in his official Capacity as the Chief of the Wisconsin Capitol Police, Defendants. On February 11, 2013, plaintiff Michael Kissick filed this lawsuit asserting claims under the First and Fourteenth Amendments stemming from allegations that: (1) defendant Michael Huebsch, in his capacity as Secretary of the Wisconsin Department of Administration, has developed a State Facilities Access Policy that requires a permit for “[a]ny performance, ceremony, presentation, meeting or rally” in the Capitol, but not for tourist activities, visits with elected officials, or passage to legislative, executive or judicial chambers or offices; (2) the Policy allows the Department to charge an “advance payment” for law enforcement expenses as a condition for granting any permit; (3) in September 2012, defendant David Erwin, Chief of the Capitol Police, began enforcing the permit requirement and issuing citations against various protestors in the Capitol; and (4) the fear being issued a ticket has caused plaintiff Michael Kissick to refrain from protesting at the capitol. (See dkt. #1, ¶¶ 9-34.) 1 With his complaint, plaintiff also filed a motion for preliminary injunction. (Dkt. #2.) Accordingly, IT IS ORDERED that: (1) Plaintiff promptly file proof of service of the summons, complaint, motion and support documents; and (2) Upon receipt of proof, the court will schedule a short scheduling conference to set appropriate deadlines for consideration of plaintiff’s motion for a preliminary injunction. Entered this 14th day of February, 2013. BY THE COURT: /s/ __________________________________ WILLIAM M. CONLEY District Judge 2