SETTLEMENT AGREEMENT This Settlement Agreement (the Agreement), by and between Michael Kissick and Sheila Shigley (the

plaintiffs), and Michael Huebsch, David Erwin and the Wisconsin Department of Administration (DOA) (the defendants), is effective upon execution on October __, 2013 (the plaintiffs and defendants are each referred to as a party or, collectively, as the parties to this Agreement). WHEREAS, DOA is authorized by statute to permit the use of state facilities under its management authority, including the Wisconsin State Capitol; WHEREAS, as part of its management authority, DOA promulgated Wis. Admin. Code Adm 2 (Adm 2) in 1979 and published Access Policies which outline the permit system for the use of state facilities in 2011, which were subsequently modified; WHEREAS, on February 11, 2013, plaintiff Kissick filed an action in federal court entitled Kissick v. Huebsch, et al., Western District Case No. 13-C-99 (hereinafter the Kissick action), challenging the constitutionality of the permit system for access to the State Capitol Building in Madison, Wisconsin; WHEREAS, on April 11, 2013, emergency rules were issued which contained amendments to Adm 2; WHEREAS, the Court in the Kissick action held a hearing on plaintiff Kissicks motion for preliminary injunction on April 17, 2013; WHEREAS, on July 8, 2013, the Court in the Kissick action issued a partial preliminary injunction; WHEREAS, on July 29, 2013, an amended complaint was filed in the Kissick action adding plaintiff Shigley; WHEREAS, on September 18, 2013, the parties mediated the Kissick action before Magistrate Judge Peter Oppeneer and agreed to certain Capitol Access Settlement Terms in Principle which were signed by all parties; and WHEREAS, in recognition of the uncertainty, expense and time involved in litigation, the parties have agreed to the resolution, compromise and settlement of their differences. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DOA has the authority to manage and operate the Wisconsin State Capitol Building as managing authority under Wis. Admin. Code Adm ch. 2 (Adm 2) in accordance with state and federal law. Wis. Stats. 16.845 provide that DOA, as managing authority, may create a permit system for use of state facilities, including the Wisconsin State Capitol Building.

2. DOA agrees to amend the existing Adm 2 and/or the Access Policy to reflect the principles outlined below and memorialized in the Capitol Access Settlement Terms in Principle. DOA will promulgate new rules with revisions, additions and amendments that will, include, but not be limited to, insuring that Adm 2 is consistent with this Agreement. DOA will take all reasonable steps to see that the revisions to Adm 2 and the Access Policy are promptly effectuated. Nothing in this Agreement shall be interpreted or applied as limiting the scope of DOAs authority to enact other rules. 3. Adm 2 and the Access Policy will be amended to provide that events consisting of fewer than 12 participants need not obtain a permit for or give notice of an event in the interior spaces of the Wisconsin State Capitol Building, unless the nature of the activity or the equipment to be used requires a permit (e.g., the use of sound amplification systems or musical instruments). Adm 2 and the Access Policy will be amended to provide that events consisting of 12 or more participants must either: 1) obtain a permit as set forth under the Access Policy and Rules, or 2) give notice, as described below, for an event. Adm 2 and the Access Policy will be revised to delete the current definition of rally. 4. DOA will establish a notice system allowing groups of 12 or more to use the State facilities managed by DOA without a permit under Adm 2 and the Access Policy. This notice system will not supersede the permit system under Adm 2 and the Access Policy, but rather, will be an additional means by which people may use certain State facilities. An event that has been properly noticed will not require a permit and will not be deemed an unlawful event, absent a violation of another section of the Access Policy or of state law. 5. In order to provide DOA and/or the Capitol Police with valid notice under the notice system, an individual must give notice (in person, by telephone if practical, by email, or on a form supplied by DOA or on a computer system, if available) no less than two (2) business days and no more than ten (10) business days before the planned event. Each notice will be effective for no more than five (5) cumulative days of an event, if it so specifies. Any individual or group may give notices for consecutive events, which will be placed on the schedule, absent any violation of the Access Policy or state law, as set forth above. There is no limitation on how many proper notices an individual or group may provide to DOA. 6. The notice for an event must include details regarding the event, including a general description of the type of event sufficient for Capitol Police to recognize the event when it arrives (e.g., there will be people singing,), whether there will be displays or other materials required or brought into the building, estimated number of attendees, approximate duration of the event (including start and finish time), date, time and contact information for one (1) or more people who can be contacted if the event is not placed on the schedule or if the noticed event is removed due to a validly permitted event or a DOA-led tour group. (See paragraph 8, below). 7. Notices of events will be placed on the Capitol Schedule (currently listed on the Home Page of DOAs website) and will remain listed so long as there are no conflicts with the other rules, policies or other events. 8. The DOA may give a validly issued permiteven one applied for after a notice is givenprecedence over a noticed event to prevent conflicting uses, if necessary. The DOA may also give precedence over a noticed event to DOA-led tour groupseven those scheduled after a notice is given to prevent conflicting uses, if necessary. If a noticed event is supplanted to 2

any extent by a validly issued permit or a DOA-led tour group, the noticed event contact persons will be informed that their noticed event is no longer scheduled, or has been assigned to an alternative location, if possible. Participation in a previously-noticed event which has been superseded by the granting of a permit or tour event may be deemed unlawful and citations or arrests may be issued for participation in that unlawful event after a warning has been given. 9. Events inside the Wisconsin State Capitol Rotunda without a notice or permit of less than 12 people will not be declared unlawful solely based on their lack of notice or permit. Events without a notice or permit of 12 or more people may be declared unlawful solely based on their lack of notice or permit and citations or arrests may be made in conjunction with that declaration. 10. Before any arrest or citation may be issued for participation in or conducting of an unlawful assembly, individuals will be warned that the event is unlawful and will be given an opportunity to desist in participating in the event and a chance to leave the vicinity. A failure to desist or to leave the vicinity will subject the individual(s) to arrest or citation. 11. All other permitting rules and policies will remain in full force and effect subject to revisions to incorporate the changes set forth in this Agreement and the Capitol Access Settlement Terms in Principle. Nothing in this Agreement prevents plaintiffs from challenging those other rules and policies in the future. 12. Nothing in this Agreement prohibits DOA from enforcing existing laws and regulations, including but not limited to those that restrict disruptive noise or other disorderly conduct. 13. Nothing in this Agreement impairs DOAs ability to manage the use of the Wisconsin State Capitol Building and its ability to enforce its rules. Nor does anything in this Agreement impair DOAs ability to revise the rules and policies regarding such use as appropriate to address changing circumstances. 14. DOA will pay to plaintiffs counsel the sum of $88,270.80 as full and final settlement for any attorneys fees and costs incurred in the litigation of the Kissick action. 15. The parties agree that the settlement negotiations and the terms of the Capitol Access Settlement Terms in Principle will be kept confidential and that there will be no public discussion of the terms or the existence of this Agreement until it is signed by all parties. 16. This Settlement Agreement is a full, final, and complete compromise and release of all claims, which have been or could have been pleaded in the above-captioned matter. This settlement is not to be construed as an admission of liability by either party. Upon approval by the Court, this matter will be dismissed with prejudice, however, the Court shall retain jurisdiction solely for the purpose of enforcing the terms of the Agreement. 17. Final and Binding Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior communications, representations or agreements, whether written or oral.

18. Acknowledgments. The parties acknowledge that they have read this Agreement and fully understand the rights, obligations, terms and duties with respect to its contents and are acting upon the advice of competent counsel. 19. The Agreement is governed by and construed in accordance with the laws of the State of Wisconsin. 20. Authority. The undersigned have full authority to enter into and bind the parties to the terms of this Agreement. 21. Execution of Agreement. It is understood this Agreement may be executed in counterparts, each of which will be deemed an original, but which, when taken together, will constitute one and the same Agreement. Signatures transmitted by facsimile or by electronic mail will be effective as originals. IN WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement. ACLU OF WISCONSIN FOUNDATION

Dated: ______________________

By: ________________________________ Laurence J. Dupuis Attorneys for Plaintiffs

LAW OFFICE OF STEVEN PORTER

Dated: ______________________

By: A. Steven Porter Attorneys for Plaintiffs

Dated: ______________________

J.B. VAN HOLLEN Attorney General

By: Maria S. Lazar Daniel P. Lennington Attorneys for Defendants Dated: _______________________ By: Michael Kissick

Dated: _______________________

By: Sheila Shigley

Dated: ______________________

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION By: __________________________________ Secretary Michael Huebsch

Dated: _______________________

By: __________________________________ David M. Erwin, Chief of Police Capitol Police Department