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      MADISON, Wis. (AP) - A judge weighing whether state officials
overstepped their bounds by restricting protesters' access to the
state Capitol nearly ordered all the demonstrators out on moments'
notice Wednesday evening before state and union attorneys talked
him out of it.


      Dane County Circuit Judge John Albert has been listening to two
days of testimony on whether he should make a temporary court order
ensuring full public access to the building permanent. He is
expected to rule on the matter Thursday.


      He told the packed courtroom shortly after 6 p.m. that he wanted
to test the state Department of Administration's contention that
building access would return to normal quickly if the protesters
who have spent the last two weeks sleeping overnight in the rotunda
left. He presented a draft order that would have forced anyone who
was still in the Capitol after its regular 6 p.m. closing time to
be out by 8 p.m. and said he planned to have DOA officials hand one
to each protester.


      "It's worth a try," a weary-sounding Albert said as he
massaged his temples. "They should be out of the Capitol because
it's closed to business."


      The order would have given the 100 or so protesters still
camping out in the Capitol only minutes' notice and potentially set
up confrontations with the multiple police agencies that have been
guarding the building.


      Assistant Attorney General Steven Means, who is representing the
DOA, urged Albert not to do it. He said the order wouldn't be fair
because the protesters didn't get a chance to be heard. Union
attorney Peg Lautenschlager pointed out that the protesters may not
take the order seriously because she contends the DOA has ignored
the temporary court order to fully open the building.


      "If you do the order, I don't know how people in the building
will react," she said.


      Albert reluctantly relented and decided to resume the hearing
Thursday afternoon.


      The protesters are among tens of thousands of others who
demonstrated in and around the Capitol for two weeks against
Republican Gov. Scott Walker's plan to strip most public workers of
nearly all their collective bargaining rights. They've had free run
of most of the building and the grounds for days, staging massive
rallies, pounding bongo drums and spending the nights on the
Capitol's floor on air mattresses and in sleeping bags. They even
set up their own makeshift day care center in the building's north
wing.


      The DOA announced Friday that everyone had to be out by 4 p.m.
Sunday so crews could finally clean the building. Agency Secretary
Mike Huebsch testified Wednesday that protesters jammed the Capitol
at 4 p.m. that day hoping to get arrested, going so far as to write
their attorneys' phone numbers in marker on their arms.


      Huebsch said he decided not to have police remove the protesters
by force because he wanted to avoid confrontations between
protesters and police. Those still in the Capitol were allowed to
stay overnight, but many left after they realized they weren't
going to be arrested.


      About 200 people stayed overnight into Monday. That morning, the
DOA imposed tougher access restrictions. Police limited public
access to only one entrance, allowing in only those who had
appointments with lawmakers or other specific business. Anyone else
could enter one by one and only when someone left the building.


      The restrictions have had an immediate effect on the
demonstration. Dozens of die-hard protesters are still pounding
away on their bongos and staying overnight on the ground floor, but
the Capitol's corridors and stairways are clear again and the noise
isn't quite as loud.


      Huebsch said police have overlooked multiple violations by
protesters, allowing them to tape posters to the walls and use
amplifiers in the building during rallies.


      But he said the state can't continue to pay for the army of
officers the DOA brought in from around the state to guard the
building, noting that law enforcement costs are already approaching
$5 million. He also said the protesters' constant noise made it
impossible for Capitol workers to get their work done.


      State Sen. Glenn Grothman, R-West Bend, said protesters cornered
him outside a locked Capitol entrance on Tuesday, shouting
"Shame!" as he banged on windows and doors to get inside. He
testified Wednesday that he thinks the protesters are abnormal.


      "Normal people don't sit cross-legged on the floor and bang on
drums," he said in court. "It's an uncivil situation."


      Huebsch said he believes access could return to normal quickly
if the overnight campers would leave.


      "These restrictions are meant to be short-term," he said.


      Curtailing the demonstrations is the last thing Democrats and
unions want. The protests have been one of their most effective
weapons against the bill, helping them drawing national attention
to the debate.


      Three unions won a temporary court order Tuesday to keep the
Capitol completely open during normal business hours. The DOA
didn't change its policies, however. Agency officials said they
believe the building is open.

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A judge weighing whether state officials
overstepped their bounds by restricting protesters' access to the
state Capitol nearly ordered all the demonstrators out on moments'
notice Wednesday evening before state and union attorneys talked
him out of it.

Wis. judge nearly orders protesters out of Capitol

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