
Police in riot gear use tear gas and pepper spray to disperse a crowd after a peaceful protest May 30 evolved into vandalism and looting on State Street. City Council members are now proposing to ban the use of tear gas, mace and less-lethal projectiles to control unruly crowds.
In the wake of clashes between Madison police and protesters following the death of George Floyd, City Council members are proposing police be banned from using tear gas, mace and devices that fire less-lethal projectiles such as bean bags or sponge-tipped rounds to control unruly crowds.
Interim Police Chief Vic Wahl said the department opposes sudden moves to prohibit non-lethal measures but welcomes study of the police response to protests and alternative ways to deescalate situations and control a large-scale, violent crowd.
Recent moves to remove police school resource officers from Madison schools and the new council proposals, particularly those that could be enacted with no time for thorough study, show that “right now, there’s no room for reasonable, fact-based discussion on topics that have to do with police,” Wahl said, adding that quick decisions to hamstring police could complicate the ongoing search for a permanent police chief.
Ald. Max Prestigiacomo, who represents the campus-area 8th District, plans to introduce an ordinance Tuesday that would prohibit use of the forceful crowd-control measures in Madison. The limitations would also apply to any officers employed by another law enforcement agency responding to a request for help from Madison.
Prestigiacomo is also proposing an ordinance that would prohibit the Police Department from obtaining equipment and supplies through a federal program that allows law enforcement agencies to acquire military gear, which can range from armored vehicles and night-vision equipment to flashlights, respirator masks and first-aid kits.
Separately, Alds. Patrick Heck, 2nd District; Shiva Bidar, 5th District; and Keith Furman, 19th District, are offering a resolution requesting a study of alternatives to tear gas and prohibiting the use of tear gas, starting Nov. 17.
The proposals will be considered by city committees and decided by the council at a later date.
Mayor Satya Rhodes-Conway declined to comment on the proposals but said she’s asked the City Attorney’s Office and Public Safety Review Committee to review the department’s use-of-force policies.
“There is a legitimate conversation to be had about what methods are appropriate under what circumstances, but it has to be done in a thoughtful and comprehensive way,” the mayor said. “Chief Wahl has also requested that the Quattrone Center, at the University of Pennsylvania law school, do an independent review of MPD’s response to the events of late May. That review will be an excellent resource to inform any public policy response.”
Prestigiacomo and Furman could not be reached Thursday.
Confrontation, violence
In the early evening of May 30, five days after Floyd died in police custody in Minneapolis, Madison erupted in protests just like other cities across the country. Madison police and other officers began using tear gas and pepper spray to disperse protesters on State Street after some in the crowd looted Goodman’s Jewelers and were throwing rocks, water bottles and soda bottles at police officers in riot gear.
The following night, hundreds of protesters clashed with police Downtown after a city-imposed curfew failed to prevent a repeat of the chaos that followed peaceful demonstrations the day before.
On June 1, another protest was peaceful with no visible police presence until about 1 a.m. when a group of about 400 to 500 protesters camped at the intersection of State Street and Capitol Square. A group peeled off and began looting State Street stores, prompting police to form a line and march down the street, throwing tear gas at the looters and using pepper spray on a few of them.
Wahl has told the council that 19 officers were injured in the early days of the protests, none seriously.
Wahl called Prestigiacomo’s proposed ordinance impractical and unrealistic.
“It doesn’t reflect any understanding of the tools we need to do our job to deal with a large-scale, violent crowd,” he said. “What would you have us do? There isn’t anything other than leaving. We’d be very concerned.”
As less lethal options, the department has tasers, shotguns that fire bean bags and launchers that fire sponge-tipped rounds at 40 mph.
Prestigiacomo’s other proposal would prohibit the Madison Police Department from obtaining any property from the federal Defense Logistics Agency under the National Defense Authorization Act’s 1033 Program.
The proposal, Wahl said, is “shortsighted” and doesn’t seem to understand the equipment they receive and how the city saves hundreds of thousands of dollars on items “absolutely critical to do our job.”
The program, he said, has allowed the department to acquire a supply of N95 face masks in recent years that have been invaluable during the COVID-19 pandemic, mundane things like flashlights, and some big-ticket items such as robotics that allow police to minimize the risk of direct encounters. Many think of big armored vehicles, but the department has long done away with the military vehicle it acquired under the program and replaced it with a civilian model, he said.
Second resolution targets tear gas
The resolution by Heck, Bidar and Furman says the council “is committed to support deescalation alternatives to the use of tear gas” and calls for prohibiting the use or purchase of tear gas by Madison police or any other city department beginning Nov. 17.
The proposal asks the Police Department to submit a study by Oct. 20 that includes a history of its tear gas usage from 1990 and explores alternatives.
The resolution focuses on the weapon used by police that has caused the greatest concern and gives the department time to study options, Heck said.
“We are reacting to the events of May and June when tear gas was used,” Heck said. “We’re also concerned about how those events unfolded and are not necessarily convinced the use of tear gas was appropriate. We want to understand the choices that were made, the options available and what options available they had considered.”
Bidar added, “We heard very strongly from many people, including people in the medical field, that the use of tear gas has very negative impacts.”
The resolution asks for a study and delays a ban until the fall because “we want to give the Police Department the opportunity to consider options,” Heck said. “We want to explore all de-escalation techniques fully and no longer rely on tear gas.”
Wahl said he supports doing a study and the topics are “perfect for discussion” but he was concerned that the resolution already has a date to ban the use of tear gas before the study has started.
The council has already moved to block the police from acquiring certain weapons, voting on June 16 to deny the department’s request for $50,000 to purchase less-lethal weapons including projectile launchers that were used on crowds after local protests turned violent.
Prestigiacomo, who proposed the amendment to prevent funding the launchers, said then that “less lethal” does not always mean non-lethal, and that the department violated its own policies by using the sponge projectiles as a crowd-control measure.
Police protests: How Madison answered the police killing of George Floyd
Protester confronts officer, May 30

A participant in one of the recent Madison protests confronts a member of the Wisconsin State Patrol.
Madison protest turns destructive, May 30

Protests that ended up on State Street and the Capitol Square in Madison turned destructive Saturday, May, 30, 2020. STEVE APPS, STATE JOURNAL
Police spray protesters, May 30

Police in riot gear used tear gas and pepper spray against protesters May 30 during a destructive night on State Street.
Effects of tear gas, May 30

Sierrena Taylor, 22, is sprayed with milk after getting hit by tear gas that Madison police threw into a crowd of protesters on the 100 block of State Street Saturday.
Medical station, May 30

An improvised medical station near the Veterans Museum on the squarer. Protests that ended up on State Street and the Capitol Square in Madison turned destructive Saturday, May, 30, 2020. STEVE APPS, STATE JOURNAL
Standoff with police, May 30

Madison police and Wisconsin State Patrol officers stand off with protesters at the top of State Street May 30. Two police oversight measures being considered by the city of Madison may conflict with some powers of the Police and Fire Commission, the commission's attorney says.
Protesters meet police, May 30

Police and protesters meet at the top of State Street on the first day of the recent protests. Protests that ended up on State Street and the Capitol Square in Madison turned destructive May 30.
Madison protest turns destructive, May 30

Wisconsin State Patrol officers and a Madison police officer in full riot gear fire off tear gas to disperse protesters on the 100 block of State Street May 30. The Madison Public Safety Review Committee on Wednesday committed to studying the police department's funding and policies for responding to protests.
Mayor condemns violence, May 30

Speaking on the steps of the City-County Building Saturday, Mayor Satya Rhodes-Conway said she supports the peaceful protesters but condemned the violence that followed.
Protests May 30, 2020

Police Police and protest meet at the top of State Street on the first day of the recent protest. Protests that ended up on State Street and the Capitol Square in Madison turned destructive Saturday, May, 30, 2020. STEVE APPS, STATE JOURNAL
State Street press conference, May 31

Madison Mayor Satya Rhodes-Conway and acting Chief of Police Vic Wahl address Sunday the violence and looting that took place along State Street on Saturday after a peaceful protest over the death of George Floyd had ended.
Protests against police, May 31

Protesters clash with police officers on Capitol Square in Madison, Wis., Sunday, May 31, 2020. AMBER ARNOLD, STATE JOURNAL
Second night of protests in Madison, May 31

Health officials have said mass gatherings, such as this protest on State Street and Capitol Square Sunday, can contribute to the spread of COVID-19.
Cleanup after damage Downtown June 1

Silvestre Mendez is reflected in a remaining pane of glass in the front window of Rising Son's Deli on State Street, where he is employed. The first pane was broken Sunday night. Cleanup continued Monday for State Street businesses that were damaged during the second night of protests in Downtown Madison.
Cleanup after latest damage Downtown, June 1

Badger Liquor, billed as "Madison's happiest corner," was fully boarded up after the weekend protests.
Disrupting traffic, June 1

Protesters circling around other protesters on the closed John Nolan Drive. Several hundred protesters marched through the streets of Madison, Wisconsin and blocked all six lanes of John Nolan Dr Monday, June, 1, 2020 as part of what they say will be a week of action against police brutality and "white supremacy." STEVE APPS, STATE JOURNAL
John Nolen Drive shut down, June 1

Protesters walk from John Nolen Drive to the Madison police station carrying a "Community control over police" sign June 1.
John Nolen Drive shut down, June 1

Protesters dance to the "Cupid Shuffle" while blocking off traffic on John Nolen Drive.
Outside police building, June 1

Hundreds of protesters gather outside of the Madison Police Department building, having marched there after shutting John Nolen Drive down for nearly six hours.
Agitators spark violence, June 2

A lone protester approaches a line of police in full riot gear on State Street early Tuesday morning. Police waited until around 1:10 a.m. — after the looting and window breaking started — before making an appearance. The police were followed by members of the National Guard.
Agitators spark violence, June 2

A group of young women exit Shoo, a shoe store on State Street, around 1 a.m. Tuesday.
Businesses boarded up, June 2

Businesses are boarded up, including Teddywedgers on State Street, after riots broke out on State Street and Capitol Square the previous night, in Madison, Wis., Tuesday, June 2, 2020. AMBER ARNOLD, STATE JOURNAL
Clean-up of property damage, June 2

Exterior of the Wisconsin Veterans Museum after riots broke out downtown the previous night, in Madison, Wis., Tuesday, June 2, 2020. AMBER ARNOLD, STATE JOURNAL
Painting murals, June 2

Local artist Mike Lroy spray paints a mural on the boarded up exterior of Tutto Pasta on State Street in Madison, Wis., Tuesday, June 2, 2020. AMBER ARNOLD, STATE JOURNAL
Braving the rain, June 2

Youth organizers amp up protesters on the Capitol Square in Madison during an entirely peaceful nighttime demonstration June 2. Despite a downpour in the early evening, protesters stuck it out and weathered intermittent rain throughout their roughly six hours at the Capitol.
Lighting candles, June 3

Protesters light candles outside the state Capitol Wednesday at a memorial for black people killed by police.
Speaking to crowd, June 3

Jada Sayles, a college junior and one of the organizers of Wednesday's protest, addressed a crowd of hundreds of people at the top of State Street.
Registering to vote, June 4

Protest organizers Adam Parent, 23, right, and Yeshua Musa, 28, help people register to vote at Thursday's demonstration at the Capitol.
Alter to those lost, June 5

Protests continued for the seventh night Friday, June 5, 2020 at James Madison Park in Madison Wisconsin. They were celebrating Breonna Taylor and other who was killed by police. with an altar near the waters edge. STEVE APPS, STATE JOURNAL.
Happy birthday to Breonna, June 5

Protesters sing "Happy Birthday" to Breonna Taylor on the seventh night of demonstrations against police killings of black people. Taylor was killed in her home by police in Louisville, Ky.
AACC Black Lives Matter Solidarity March, June 7

Marchers make their way up State Street toward the state Capitol during a Black Lives Matter Solidarity March organized by the African American Council of Churches in Madison, Wis., Sunday, June 7, 2020. AMBER ARNOLD, STATE JOURNAL
AACC Black Lives Matter Solidarity March, June 7

Dr. Marcus Allen, pastor at Mt. Zion Baptist Church and president of the African American Council of Churches, speaks at the beginning of a Black Lives Matter Solidarity March organized by the AACC in Madison, Wis., Sunday, June 7, 2020. AMBER ARNOLD, STATE JOURNAL
Taking a knee, June 8

A group of about 100 public defenders and private defense attorneys took a knee outside the Dane County Courthouse Monday for nearly 9 minutes to symbolize the amount of time former Minneapolis police officer Derek Chauvin had his knee on the neck of George Floyd before Floyd died.
Defund police, June 8

Without city permission, protesters painted "DEFUND POLICE" in giant letters on Martin Luther King Jr. Boulevard Monday night. The street leads from the Madison Municipal Building and City-County Building to the Wisconsin State Capitol.
Youths fueling nighttime protests, June 8

Protesters gather in front of the Madison Municipal Building as they listen to youth organizers speak. Madison's youth have been a driving force of the nighttime protests against George Floyd's death.
Closure note, June 16

Sign on the boarded up front door of Fontana Sports. Businesses along State Street in Madison continue to face difficulties with COVID-19, and the violent protest downtown. The businesses were photographed Tuesday, June, 16, 2020. STEVE APPS, STATE JOURNAL
Blocking traffic, June 17

Blocking both sides of traffic, protesters march down Park Street in Madison Wednesday evening to stand against racism and police brutality.
Glow in the dark march, June 17

Protesters march down Park Street in Madison Wednesday evening to stand against racism and police brutality.
Juneteenth rally at Olin Park, June 19

(From left) Isaida Zimmerman, left, and Kit Swimm make t-shirts during a Juneteenth rally at Olin Park in Madison, Wis., Friday, June 19, 2020. AMBER ARNOLD, STATE JOURNAL
Boarded-up State Street, June 22

Pedestrians on State Street walk past closed and boarded-up businesses Monday.
Confronting driver, June 23

A protester uses a loudspeaker Tuesday to confront a woman sitting in her car as a group blocks traffic along Blair Street.
Madison protesters, June 23

Protesters shut down the intersection of East Washington Avenue and Blair Street on Tuesday. A few protesters and one motorist were injured during clashes.
Protesters block intersection, June 23

A few hundred protesters block traffic at an intersection an intersection near Capitol Square in Madison, Wis. Tuesday night. A few organizers stand on top of a tow truck. Protesters tore down statues of the state's "Forward" statue, and one of Union Civil War Col. Hans Christian Heg, assaulted a state senator and set a small fire in a city building Downtown on Tuesday night after the arrest of a Black activist earlier in the day. EMILY HAMER, STATE JOURNAL
Heg statue toppled, June 23

Two protesters carry a leg from a statue of Hans Christian Heg, a Union Civil War colonel who fought for the end of slavery, during demonstrations Tuesday night.
Forward statue topped, June 23

Wisconsin's "Forward" statue lies in the street on Capitol Square after it was pulled down by protesters on June 23.
Empty statue pedestal, June 24

An empty pedestal where the statue of famed abolitionist Col. Hans Christian Heg stood. Scenes from around the State Capitol Wednesday, June, 24, 2020 the morning after protesters tore down statues of Forward and a Union Civil War colonel. Protesters also assaulted a state senator and damaged the Capitol Tuesday night after the arrest of a Black activist earlier in the day. STEVE APPS, STATE JOURNAL
Protecting the Capitol, June 24

Troy Richardson, left, and Corey Rockweiler with Daniels Construction board up street-level windows Wednesday near the West Washington entrance to the state Capitol after protesters caused damage the night before.
Police supporters get opposition, July 2

Supporters of the Madison Police Department face opposition Thursday from Black Lives Matter supporters objecting to their efforts to place signs over protest markings on the exterior of the Wisconsin Veterans Museum. During several contentious exchanges, a group in favor of defunding police departments argued with those who say their message is, "Without peace there can be no justice."
BLM demonstration, July 4

Supporters of the Black Lives Matter movement form a circle around Black participants as part of an exercise during a demonstration on E. Washington Ave. in Madison, Wis. Saturday, July 4, 2020. JOHN HART, STATE JOURNAL