Madison Wisconsin Plans to charge a $5 cover charge to access State Street this year for Halloween. Is it LEGAL to do this? Can the city really charge for access to a pedestrian throughfare? Can they really say that one must pay to use a public sidewalk, to gain entrence to a public street, to patronize a variety of public stores? This seems contrary to the right of Freedom of Assembly and wrong on various other levels
If you have a legal background and have any idea about the ground the city could possible be standing on I would love to hear what that might be. Otherwise I'm looking for more backing on why this might be illegal. Thanks In Advance.
2006-07-27 04:36:23 · 3 answers · asked by hkyplayer11 1 in Politics & Government ➔ Law & Ethics
There are two separate answers to yoru question, and the answer varies based on the situation.
I am not an expert on Wisconsin laws, so I could be wrong about any of this. Check with a Wisconsin lawyer to get a correct answer.
If the street is closed for a special event, it is no longer a public street. In cases like this, they can charge for admission to the special event. Note that the laws on how you use the street (such as driving laws) may differ when the street is closed like this. This is how most parades work and are legal, when the vehciles in the parades would not normally be allowed on public streets.
The second situation is if the street is not closed but is still being used as a public street. In most states, tolls are allowed to be charged for any use of a street. We nromally see tolls for cars, but if a car can be charged a toll to use a street, pedestrains could certainly also be charged a toll. I know that there are bridges where pedestrians get charged tolls for crossing, as well as the cars do, so I assume it could be done on a street too.
2006-07-27 07:05:53 · answer #1 · answered by Steve R 3 · 0⤊ 0⤋
I don't think they could set up a permanent cover charge to enter a street, but they probably have more leeway if it's a special festival. The businesses probably don't mind; they're likely getting much more business than on a typical day. If you live or work on the street, they'll probably let you in without paying.
I don't have a legal background, but I can't imagine this would be worth any of your time, effort, or money to pursue.
2006-07-27 04:52:08 · answer #2 · answered by rainfingers 4 · 0⤊ 0⤋
If it's for a special event.. yes they can. It's like a cover charge for a bar.. same deal.
2006-07-27 05:22:26 · answer #3 · answered by Imani 5 · 0⤊ 0⤋