(Updated) Wisconsin law enforcement clash with pro-Palestinian Madison protestors

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Tensions escalated quickly Wednesday morning in Madison as pro-Palestinian protesters engaging in illegal activities clashed with law enforcement officers trying to enforce state law and campus policy, according to Marc Lovicott, spokesperson UW Madison Police.

Several law enforcement agencies responded Wednesday, Lovicott said.

The University of Wisconsin Police Department was assisted by the Wisconsin State Patrol, Dane County Sheriff’s Office and Madison Police Department, according to Lovicott.

Nearly three-dozen arrests were made Wednesday, according to Madison Police. One of those arrests included a UW-Madison professor, the Daily Cardinal, UW’s student newspaper managing editor posted to X.

“After multiple warnings this morning and in recent days that camping is not allowed per state law and campus policy, our department and surrounding agencies cleared the encampments.”

As of 1 p.m. CDT on Wednesday, four law enforcement officers are reporting injuries, according to police.

During an interview with the Anti-Defamation League’s Midwest Regional Director on Tuesday, David Goldenberg said, “encampments and anti-Israel protests like these have become platforms to fan the flames of anti-semitism.”

“This is the latest example of the disgusting behavior of some protesters. We have been in touch with Jewish community leaders on campus and will continue to support Jewish students any way possible,” Goldenberg added.

According to Lovicott, police moved in shortly before 7 a.m. Wednesday offering several warnings to protesters, then dismantling most of the tents.

“We were able to remove most of the tents. Overall, the group was in compliance,” Lovicott said, noting one tent remained as authorities left this morning.

“We did what we needed to do so the protesters would be in compliance with state law and campus policy,” he said.

Madison Attorney Skyler Croy was on campus during Wednesday’s escalation.

“It’s obviously unfortunate when things have to get physical to the point where law enforcement has to be called,” Croy said.

“I am very happy the University of Wisconsin decided to take action and enforce the laws,” Croy added.

Wisconsin Assembly Speaker Robin Vos agreed with Croy in a post to X.

“Good move. Thank you @uwchancellor  for doing the right thing by enforcing campus policies and standing up to the unruly mob,” Vos Tweeted Wednesday.

Democrats disagreed.

Despite protesters forming a circle around law enforcement officers trying to enforce the law, and protestors performing a ‘Heil Hitler’ salute at Jewish students, one Wisconsin democrat called that ‘peaceful.’

“I stand with the UW-Madison student organizers who established an encampment on campus. Chancellor Mnookin calling in a police force to dismantle the peaceful encampment early this morning was an unnecessary escalation that flies in the face of the values the university claims to uphold. Both encampments are places of learning, solidarity, and joy,” said Democrat Wisconsin Rep. Ryan Clancy.

As previously reported, the encampments were in violation of Wisconsin Statutes, university policy and potential violations of Title VI of the Civil Rights Act.

A school or college violates Title VI if it allows a “racially hostile environment.” A hostile environment exists where there is conduct (e.g., physical, verbal, graphic, or written) that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges provided by a school or college.

In the case where Jewish students were walking to/from class and verbally assaulted with ‘Heil Hitler’ raises questions about the university’s liability in a Title VI action.

The Real Story on May 1

According to Croy, the real story is that the tents are likely going back up.

“I have a feeling some of these tents are going back up, although there will be some people inevitably deterred,” Croy said around 9 a.m. Wednesday.

About an hour later (at or around 10 a.m. CDT), Croy posted a video to X, formerly known as Twitter of the tents going back up.

As of 10:54 a.m. CDT on Wednesday, Croy said eight tents returned to the encampment.

University of Wisconsin – Madison woman and gender studies professor Sami Schalk was among the protesters who were arrested Wednesday.

The Wisconsin Law Journal reached out to Schalk, but she was not available for comment.

On X, formerly known as Twitter, Schalk Tweeted Wednesday:

“I’m home. I’m significantly bruised, in a lot of pain & my shoulder is sprained. I’ve been told to return to the hospital if certain things happen which might be signs of internal damage, esp from the strangulation which you can see briefly in the video here.”

Meanwhile, across the state line in Illinois, Northwestern University officials have struck a deal with the protesters.

In exchange for removal of the encampment, Northwestern must build a house for Muslim student activities and to fundraise for scholarships going to Palestinian undergraduates.

According to Croy, that deal is in violation of federal law.

“You just can’t go get scholarships based on ethnicity because they rioted it and demanded it,” Croy said, noting a federal complaint has been filed by WILL against Northwestern University.

On Wednesday, The Wisconsin Institute for Law & Liberty (WILL) filed a federal Title VI complaint against Northwestern University on behalf of the Young America’s Foundation, which has an active chapter on the University’s campus.

The complaint documents the University’s plan to offer nearly $1.9 million in scholarship funds, faculty positions, and student-organization space to Palestinian students and staff.

As a recipient of federal funds, Northwestern University is subject to Title VI of the Civil Rights Act of 1964, which prohibits discrimination “on the grounds of race, color, or national origin.” 

“Our message to Northwestern University and any other university is simple: if you do this, we will take legal action. The Constitution and federal law are clear, and this agreement concocted with radical pro-Hamas protestors is illegal,” said WILL Deputy Counsel, Dan Lennington.

Northwestern University officials could not be reached for comment prior to publication.

As previously reported by the Wisconsin Law Journal, on April 29, 2024, Madison protesters allegedly performed a ‘Heil Hitler’ salute at University of Wisconsin‘s Jewish students while violating Wis. Statutes by pitching tents on university grounds. The protesters were filmed chanting, “there is only one solution,‘ in what a Milwaukee attorney called “Fairly ominous.”

“I know these kids are ignorant but calling others ‘fascists’ and then chanting about a ‘solution’ to the presence of Jews is fairly ominous, WILL Director and Attorney Rick Essenberg posted to X, formerly known as Twitter, on Monday.

Adolf Hitler’s “final solution” included the extermination of more than 6 million Jews.

WILL attorney Skylar Croy said he spoke to several Jewish students on Madison’s campus on April 29 who are considering filing police reports after pro-Palestinian protesters allegedly performed a “Heil Hitler” salute to them on Monday.

During an interview with University of Wisconsin – Madison’s police officials Tuesday, a spokesperson for the Department confirmed an active police investigation is ongoing regarding protester(s) performing the ‘heil Hitler’ salute to Jewish student(s).’

“Our officers were approached yesterday by a (student) saying that (someone performed a ‘Heil Hitler’ salute at them). We are actively investigating to identify that individual (protester),” said Marc Lovicott, spokesperson UW Madison Police.

“We take allegations like this extremely seriously. Actions like that have no place on our campus. As soon as the report was made to us, we took immediate action,” Lovicott added.

A copy of the police report was not immediately available due to the nature of the ongoing investigation.

In the interim, the ACLU Wisconsin issued a statement Monday noting the importance of freedom of speech and peaceful assembly.

“Freedom of speech and peaceful assembly must not be undermined in places of learning and discovery. The next few hours, days and weeks will reveal whether the Wisconsin Idea still lives and if free speech and First Amendment protections for all of us are valued,” said Melinda Brennan, ACLU Wisconsin executive director.

While hate speech is protected speech under the constitution, the ACLU and University of Wisconsin are ignoring state law, according to multiple attorneys.

“There is not a First Amendment right to set up a tent encampment and occupy the courtyard in the middle of a public university,” Croy said.

Chapter UWS 18 specifies what is expressly prohibited on university lands. This includes the tents in which protesters erected on campus.

University of Wisconsin-Madison officials issued a statement Monday confirming the tents are illegal.

“Several tents were erected throughout the day in clear violation of Chapter 18 of the UW System Administrative Code. This provision of state law was enacted by the legislature and includes limits on the types of activities permitted on campus.”

Throughout the day, university leaders warned demonstrators that any kind of camping on campus was illegal, reported CBS58.

CBS58 also reported as of 10 p.m. Monday night, roughly 200 demonstrators were still on campus with about 25 tents set up.

The protesters’ demands included a message to local law enforcement.

“Get cops off campus” – the protesters demand.

Additional demands included not sharing information with the police, university officials or the news media.

As universities in Virginia and Indiana restored law and order, the University of Wisconsin-Madison has agreed to negotiate with the allegedly lawbreaking protesters.

WILL Attorney Dan Lennington also posted to X on April 29.

“By refusing to enforce a neutral state law, (the UW Chancellor is) allowing protesters to argue they are not breaking the law. On the other hand, she’s opening up Jewish students to racial harassment, which she has a duty to investigate under Title VI,” Lennington wrote.

“When @UWMadison refuses to enforce state law, they owe the public an explanation. Non-neutral enforcement of state law suggests the government is not being neutral towards the speech. That’s a problem,” Lennington added.

As a protest erupted on the campus of Virginia Commonwealth University in Richmond on Monday, the Virginia State police restored law and order.

Indiana State police also took a firm stance in restoring peace and quickly quashed a protest.

University of Wisconsin streets were also lined with antisemitic messages.

University officials and lawmakers have condemned the messages.

John Lucas, a University of Wisconsin communications official, said, “I can say that UW-Madison condemns anti-semitism in all of its forms and works to support our community of Jewish Badgers.”

State Rep. Lisa Subeck said Tuesday, “Anti-semitism has no place on our University of Wisconsin campuses, and together, we must condemn these messages. The university has an obligation to ensure the safety of Jewish students and should act accordingly to make it clear anti-Semitism will not be tolerated.”

As previously reported by the Wisconsin Law Journal, protests on college campus have erupted across the Midwest and entire country. Also as previously reported by the Wisconsin Law Journal, hate crimes in Wisconsin based on race or religion have nearly tripled in the past three years.

A spokesperson for the Milwaukee Jewish Federation said, “(We)  support the university’s messages reminding the community about the importance of peaceful and respectful protest while exercising our first amendment rights.”

This story has been updated.