The Cop on My Porch

On December 1st, the Azana Salon and Spa in Brookfield reopens for business. Unless you have been out of the country for the last five weeks, you no doubt know that the salon was the scene of a mass shooting on October 21, 2012. A gunman entered the building and killed three women, including his wife, who was a salon employee. He wounded four other women and then killed himself. The shooter’s wife had recently obtained a temporary restraining order against him after numerous domestic violence incidents including, according to the Milwaukee Journal-Sentinel, an incident where the shooter slashed his wife’s tires in the spa parking lot.

Domestic violence has always been a devilishly difficult crime to prevent or prosecute. Abusers tend to be controlling and manipulative, and the visible physical injuries they inflict often pale by comparison to the emotional injuries. Victims are often psychologically abused and controlled to the point that they may feel responsible for the attacks, and they often stay in their relationships hoping for change in their partners. Abused women—and it is most often women—are afraid to leave their abusers and rightfully so. The time immediately after a woman leaves is the most dangerous time, since the abusers often succumb to rage and the need to control their victims. This may cause them to escalate the violence, and while Zina Houghton’s death is tragic, it is sadly not unusual for a battered woman to die at the hands of her abuser.

This tragedy reminded me of an experience I had last spring. The doorbell rang at 8 o’clock one night, and I flipped on the porch light so as to peer out before opening the door. A uniformed police officer was standing on my porch. This is almost never a good thing.

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Home Rule Begins At Home

In Wisconsin, the Home Rule Amendment to the Wisconsin Constitution grants cities and villages the power to determine their local affairs and government, subject only to the constitution itself and uniform legislative enactments of statewide concern.  The Wisconsin Supreme Court has recognized that the Home Rule Amendment serves not only to empower cities and villages, but also to curtail the power of the state legislature to act within the sphere of local affairs.  Van Gilder v. City of Madison, 267 N.W. 25 (1936).  The job of defining the proper province of constitutional home rule authority (i.e., what constitutes a matter of “local affairs and government” or a matter of “statewide concern”) falls to the courts and, not surprisingly, it is no easy task.  Given the concurrent interest of state and local government in many governmental functions, one may argue that such functions cannot be so classified except by arbitrary reasoning.

Notwithstanding the difficulty in defining its exact reach, local home rule is worth preserving and worth defending. 

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