AG: Restricting group’s access violated state law

FRANKFORT, Ky. (WTVQ) – An anti-poverty group was illegally restricted from going into the Capitol last month, according to the Office of the Attorney General.

In an opinion released Monday, Attorney General Andy Beshear says, by restricting the Kentucky Poor People’s Campaign’s access to the building “based on a rule or policy that has not been promulgated through the administrative regulation process,” the Kentucky Finance and Administration Cabinet and the Kentucky State Police broke state law.

The Kentucky Poor People’s Campaign held a series of demonstrations at the Capitol in May and June. The group was allowed access to the Capitol building but then were told by troopers only two demonstrators could enter the building at a time.

The Kentucky State Police commissioner responded to complaints by the group about the restriction, saying the policy had nothing to do with the group’s message but was based “upon general crowd-control training” and “unlawful acts by the protesters.”

“KSP has since indicated that it implemented the new policy or protocol as a security measure in direct response to the Poor People’s Campaign’s conduct in allegedly blocking traffic around the Capitol building,” Beshear says in his opinion.

He says, while Kentucky State Police and the Finance Cabinet do have the authority to “respond to imminent threats,” this case did not meet that criteria.

Beshear goes on to say: “The Poor People’s Campaign scheduled its events on the Capitol grounds a week apart. Therefore, there was ample time for the Finance Cabinet and/or the KSP to avail themselves of the procedures for emergency administrative regulations.”