Update: Can't use the restrooms at Hastings Park unless you are unarmed
Hay all
After contacting the Sauk county sheriff and the Baraboo city sheriff both of which stated that Haskins park is not within their enforcement jurisdiction and both denying to grant our request to use the restrooms while OCing, I ended up contacting the county park who referred my email to the Village Attorney for West Baraboo, who also denied our request to use the facilities while OCing, as the email below states, so, it looks like in order to use the restrooms we will have to take our firearm to the car unload it and encase it, then when your finished go back to your car and do the reverse.
I did get permission to use the pavilion though. but, as you will read below he is not issuing a formal opinion, his impression is that the pavilion is not classified as a public building since it is not enclosed, and further states that his impression is limited to this specific circumstance and does not imply that open carry would be allowed on other public property, for example, school grounds, even outside the walls of a school building.
I've included the emails from the Attorney below. Even with the requirement of having to take our firearms to our vehicles, we will still carry on, with only a few minor adjustments. Sorry all, I tried; they just wouldn't allow us to circumvent the law on this one.
Dear Mr. Marso,
I am one of the attorneys for the Village of West Baraboo. Mary Klingenmeyer forwarded your request for permission for attendees at the “Open Carry” day at Haskins Park to enter the park restrooms with their firearms. I have reviewed the Village ordinances and state statutes on this issue.
State law and the village code or ordinances prohibit the possession of firearms in “public buildings.” It appears that you recognize that the term public building includes the public restrooms at the park. I have confirmed that the state statutes and village ordinances define public buildings to include every building owned by the village, the county, the school district, and the state itself.
You have requested that the village waive this prohibition or grant your group permission to do what is prohibited by state and village law. You refer to permission granted by other municipalities. I am not familiar with those decisions, their ordinances, or the reasons for their decisions. However, I can speak to the state and West Baraboo laws. Neither, the village board, the village clerk nor other village officials have the right to grant permission to act contrary to the law. Therefore, the village is unable to grant your request even if it were inclined to do so. In order to do so, the village would have to amend its ordinances to either remove the restriction entirely or allow for some discretion to waive the requirement. Even if the village amended its ordinance, it could not waive the restrictions under state law.
I hope this answers your request. If you have questions, please call or email me.
Sincerely,
Mark J. Steichen
Boardman, Suhr, Curry & Field, LLP
1 S. Pinckney Street
P.O. Box 927
Madison, Wisconsin 53701-0927
(608) 283-1767
(608) 327-1467 (direct fax)
msteichen@boardmanlawfirm.com
Follow up email to Attorney Steichen
Attorney Steichen
Mary stated that since the pavilion is not enclosed that we should be able to use it. What is your position on using the pavilion?
Don Marso
His reply
Mr. Marso,
I agree with Mary. While I have not looked closed at this issue and am not issuing a formal opinion, my impression is that the pavilion is not classified as a public building since it is not enclosed. However, my impression is limited to this specific circumstance and does not imply that open carry would be allowed on other public property, for example, school grounds, even outside the walls of a school building.
Mark J. Steichen
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