The legitimate state interest in safeguarding public safety is not advanced by charging advance fees for groups of such small size. The state cannot demonstrate that a group of four persons will of necessity require the assignment of any extra security at all.Prof. Fallone's stuff at the MULS faculty blog has been invaluable.
It does not bode well for those provisions of Governor Scott Walker's administrative rules — which prohibit beets, the vegetable, and helium balloons (which merit three separate mentions) from the Wisconsin State Capitol facilities — that serve no legitimate state interest.
Failure to demonstrate the latter spells death by constitution.