Pubdate: Sat, 01 Jul 2006
Source: Baraboo Republic (WI)
Copyright: 2006 Baraboo News Republic
Contact: http://www.wiscnews.com/speakup/form.php?pub=bnr
Website: http://www.wiscnews.com/bnr/
Details: http://www.mapinc.org/media/1002
Author: Dj Slater
Note: Reporter Gena Kittner contributed to this article.
Cited: UW Police http://www.uwpd.wisc.edu/contacts.html
Cited: Wisconsin Union http://www.union.wisc.edu/staffdirectory/
Bookmark: http://www.mapinc.org/people/Ben+Masel (Ben Masel)

WEEDSTOCK ORGANIZER PEPPERSPRAYED, ARRESTED

MADISON - UW-Madison Police arrested Ben Masel, an activist and
potential U.S. Senate candidate, around 11 p.m. Thursday at the
Memorial Union Terrace while he collected signatures to place his name
on the 2006 ballot.

Masel, who the police pepper-sprayed before arresting him, received
citations for disorderly conduct, resisting a police officer and
trespassing, and remaining after noticed to leave, all misdemeanors,
said UW-Madison Police Lt. Bill Larson.

This is not the first time Masel has run into trouble with the
authorities. His record of court appearances date back to 1982,
however, some of those cases ended in his favor. One incident involved
Masel winning a $95,000 settlement from Sauk County after police
arrested him at during the 2000 Weedstock festival.

"I'll definitely be seeking charges," Masel said. "It's not a settled
issue."

Around 10 p.m., Masel said, two Memorial Union managers approached him
and said he couldn't solicit signatures on the property and asked him
to leave. Masel said he "politely declined" and said he is allowed to
collect signatures on public grounds. He said he carried a few
clipboards and a large white sign throughout the night. The managers
asked him to leave again a few minutes later and said they'd call
police if he didn't.

Officers John McCaughtry and Michael Mansavage arrived around 11 p.m.
They pepper sprayed Masel in the eyes before placing him under arrest.
Masel claimed he never struggled with the officers.

"If they had said something along the lines of 'Mr. Masel, you're
under arrest,' I would have put my hands behind my back and compiled,"
he said.

Mayor Dave Cieslewicz, who was at the terrace, said he didn't see
Masel disturbing anyone.

"I didn't feel Ben was causing any disruptions," Cieslewicz said. "I
certainly didn't feel he was disrupting my evening at all. I didn't
see a reason to remove him from the terrace."

Roger Vogts, assistant facilities director for the Wisconsin Union,
which includes the Memorial Union and Union South, said the
administration has a policy that doesn't allow people to hand out free
literature, collect signatures or various similar activities in
specific areas of Memorial Union.

"We don't want people coming in, going table to table, bothering
people," Vogts said. This policy also applies to other food service
areas at the Memorial Union. People can collect signatures in the main
lobby or in front of the building facing the street, Vogts said.

Jeff Scott Olson, Masel's attorney, said Masel is innocent of any
violations.

"If there is any administrative rule that prevents him from doing what
he was doing, it's probably unconstitutional," Olson said.

Masel's court date is July 24, at which time he will appeal the
citations. For the time being, he and Olson will attempt to reach an
understanding with the university that will allow him to collect
signatures before his court date.

Masel said he has 1,300 signatures, 700 shy of the 2,000 requirement
to place his name on the 2006 ballot. The deadline is July 11.
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MAP posted-by: Richard Lake