ORDINANCE "ILLEGAL, UNENFORCEABLE" YET COPS WRITE TIX
CITY ATTORNEY STILL PROSECUTES, MUNICIPAL COURTS STILL CONVICT VIOLATORS OF VOIDED TAVERN ORDINANCE
Special to the Readers of www.milwaukeeworld.com
By Michael Horne
and the MilwaukeeWorld Hound Dog Team
Milwaukee City Attorney Grant F. Langley [Marquette '70] sent a letter on January 9th, 2006 to the Common Council and the Chief of Police ruling that Section 90-27-2, Milwaukee Code of Ordinances was "neither legal nor enforceable." However, the police still write tickets, the city attorney continues to prosecute and the municipal court still renders guilty verdicts for Class "B" Tavern licensees who keep the doors to their establishments open after 10 p.m., the MilwaukeeWorld Hound Dog Team has learned.
Four citations for the non-offense were issued subsequent to Langley's forgettable letter:
Case 06076513 Robert F. Smith, Rain Nightclub, 906 S. Barclay St.
Case 07111077, Karen A. Miller, Rhino's, 7964 W. Appleton Ave.
Case 07117185, Mary T. Regano, Roman Coin, 1004 E. Brady St.
Case 07123197, Joshua Neureuther Old German Beer Hall, 1009 N. Old World Third St.
With the exception of Smith, whose citation was dismissed, the other three were found guilty between December 12th, 2007 and March 11th, 2008 in the courts of Judge Derek Mosely, [Marquette '95] Branch 2 (Rhino's), and Judge Valarie A. Hill [U of Akron, '91] (Regano's, Beer Hall). A total of $656 in fines was issued in connection with the cases.
The violations of the law by the Police, the City Attorney and the Municipal Court Judges came to light when the MilwaukeeWorld Hound Dog started digging for a bone for his readers to chew on. He thought he was barking up the wrong tree as he researched Brady Street files on the municipal court website, until the Regano case gave him something to chew on. The Hound's dogged pursuit of the story was rewarded when he located a copy of his December, 2005 post in which Milwaukeeworld exclusively broke the story that the city attorney would no longer prosecute such cases. The post, "Open and Shut Case: City Attorney Closes the Window on Prosecuting Open Door Cases" recounted the department's unwillingness to prosecute in the case of City of Milwaukee v. Daniel Fitzgibbons, Case 05087040. Fitzgibbons, owner of Fitzgibbons Pub, 1127 N. Water St., argued his bar should not have been cited for the infraction since the city permitted taverns with openable facades to allow them to remain open after the mandated 10 p.m. closure. The city moved "to dismiss the above stated case, with prejudice based upon prosecutorial discretion," after the court was presented a video by this writer showing many taverns operating with their facades open after 10 p.m. [See original post below.--Ed.]
As the city attorney mentioned in his letter to the council and police chief of 2006, "Indeed, we have been presented with video tapes that very clearly demonstrated extreme amounts of noise and debaucherous behavior which can be heard and are evident from anyone passing by on the public way. All the while the front door to the premises remains tightly closed in strict conformance with the current ordinance. ... Our office stands ready and willing to work with the Common Council in an effort to draft legislation that will be both legal and enforceable." But until such legislation is drafted and signed into law, the police department has no business writing these tickets, the city attorney has no business prosecuting them and the municipal court judges have no business finding the defendants guilty. And they wonder why we don't respect rule of law these days? Why should we when our own city starts acting like the federal government does?
REGANO'S WOES
Regano's, also known as the "Roman Coin," has been a Brady Street fixture since 1958 and is in its second generation of family ownership. It is a noble building, and one of the workingman's palaces designed by architect Otto Strack for Captain Fred Pabst in 1890. It enjoys a tightly knit, multi-generational clientele ranging from the retired elderly to the members of the Milwaukee Bike Polo Club, [Motto: "Like Sex at the Circus"] which calls it home.
When the Hound Dog barked out the news that she had been illegally ticketed, owner Mary T. "Teri" Regano said police had come to the tavern on October 5th, 2007 at 1:35 p.m. and found the door slightly ajar due to a floor fan being wedged in it. The police, called by a disputatious neighbor, left Regano with the door citation and one for violating a noise ordinance (that charge was dismissed). Regano pleaded no contest through her lawyer, John Germanotta, and paid a $200 fine.
"But it wasn't just the fine," she lamented to the MilwaukeeWorld Hound Dog, "I also had to pay my lawyer $1,000. And now I'll have a special letter on my record when my license comes up at the end of June. I know they're not going to deny my license for this, but it is a nuisance."
Former municipal Judge David Halbrooks, now an attorney in private practice who represented the defendant in the Fitzgibbons case had no direct comment when the Hound Dog came scratching on his door. But the Hound Dog was able to sniff out from Halbrooks a sense that Regano and the other three individuals prosecuted should be able to recover their costs, fines and attorney fees for the illegal prosecutions, recover the costs and fees of filing a claim against the city for the same, and should have their records expunged of the violations.
--Michael Horne
========
The MilwaukeeWorld Hound Dog is a trademark of milwaukeeworld publishing llc and is not affiliated with the Pulitzer or any other prizes.
The Original Post from December 23rd, 2005:
a milwaukeeworld.com exclusive
(c) 2005 By Michael Horne
Tavern owners can ring in the New Year with open doors, since City Attorney Grant Langley will apparently not fight a challenge to the constitutionality of Section 90-27-2 of the Milwaukee Code of Ordinances. The section requires Class "B" premises -- taverns, to the rest of us -- to close their doors after 10 p.m.
The ordinance, dating to 1988, was enacted by the Common Council in response to neighborhood complaints of noise emanating from taverns after 10 p.m.
Since that time a number of taverns have beem built featuring "garage door" type facades that open entirely to the street, rendering the ordinance "arbitrary and irrational," according to a court document.
Langley wrote a letter to Anna M. Ruzinski, Deputy Inspector of Police on December 12th, 2005 saying, "under the circumstances, we believe it would be appropriate for the Milwaukee Police Department (MPD) to discontinue enforcing this ordinance until our review of this matter is completed."
It is highly unusual for the City Attorney to ask the police to stop enforcing a law while a case is in progress.
This is good news for Daniel Fitzgibbons, the owner of Fitzgibbons Pub, 1127 N. Water Street. Fitgibbons and his longtime bartender, Joan Shafer, were issued citations for having the 42-inch wide door of the tavern open after 10 p.m., even though neighboring taverns, and many others in the city with the "garage door" style facades were allowed to operate with the apertures open. The citation carried a $343 fine, and perhaps even more importantly, a notation in the files of the Milwaukee Police Department Licuense Investigation Unit, run by Sgt. Chet Ulickey.
Fitzgibbons, an old friend of mine, told me about the tickets, and we discussed the obvious unfairness of the law which allowed the garage door taverns to be entirely open to the street, while punishing him and others similarly situated with conventional walls, windows and doors.
I suggested that he bring his case, "City of Milwaukee v. Daniel Fitzgibbons, Milwaukee Municipal Court Case No. 05087040," to Attorney David Halbrooks, a former Milwaukee Assistant City Attorney and former Municipal Judge.
Halbrooks took the case, and filed a challenge to the constitutionality of the ordinance with the Milwaukee Municipal Court.
Then, one weekend evening, after 10 p.m., on a tour of several east side and downtown establishments equipped with the garage-style doors, I videotaped numerous instances of loud noise emanating from the clubs in question.
I went to Fitzgibbons, accompanied by Halbrooks, and showed him the tape.
The tape then made its way to the city attorney's office, where it apparently did its job, judging from Langley's letter.
The case is to come before Hon. James A. Gramling Jr. on January 13th at 1:30 p.m. at which time Asssistant City Attorney Hazel Mosely will move "to dismiss the above stated case, with prejudice based upon prosecutorial discretion."
Mosely then gave the city attorney's office a face-saving (and self-serving) rationale for her motion, saying, "In the interest of justice the City would like time to evaluate the subject ordinance. Dismissing this action is in the public interest and the defendants will not be harmed in any way by such dismissal on the merits."
Even Attorney General Peg A. Lautenschlager, no stranger to taverns, has decided to dodge the case.
In a letter to Milwaukee Municipal Court dated December 19, 2005, Michael R. Bauer, Assistant Attorney General, said "we have decided not to appear in this matter at this time. The attorney general may seek to appear if the issue of the constitutionality of a statute or ordinance is raised on appeal."
The city issued about 45 citations under the law, with some of them, including Fitgibbons' being multiple violations.
Although the law will not likely be prosecuted again*, the city will surely be hearing from tavern owners who received tickets seeking to clear their records.
[*Guess we got that one wrong, eh? -- Ed.]
Special to the Readers of www.milwaukeeworld.com
By Michael Horne
and the MilwaukeeWorld Hound Dog Team
Milwaukee City Attorney Grant F. Langley [Marquette '70] sent a letter on January 9th, 2006 to the Common Council and the Chief of Police ruling that Section 90-27-2, Milwaukee Code of Ordinances was "neither legal nor enforceable." However, the police still write tickets, the city attorney continues to prosecute and the municipal court still renders guilty verdicts for Class "B" Tavern licensees who keep the doors to their establishments open after 10 p.m., the MilwaukeeWorld Hound Dog Team has learned.
Four citations for the non-offense were issued subsequent to Langley's forgettable letter:
Case 06076513 Robert F. Smith, Rain Nightclub, 906 S. Barclay St.
Case 07111077, Karen A. Miller, Rhino's, 7964 W. Appleton Ave.
Case 07117185, Mary T. Regano, Roman Coin, 1004 E. Brady St.
Case 07123197, Joshua Neureuther Old German Beer Hall, 1009 N. Old World Third St.
With the exception of Smith, whose citation was dismissed, the other three were found guilty between December 12th, 2007 and March 11th, 2008 in the courts of Judge Derek Mosely, [Marquette '95] Branch 2 (Rhino's), and Judge Valarie A. Hill [U of Akron, '91] (Regano's, Beer Hall). A total of $656 in fines was issued in connection with the cases.
The violations of the law by the Police, the City Attorney and the Municipal Court Judges came to light when the MilwaukeeWorld Hound Dog started digging for a bone for his readers to chew on. He thought he was barking up the wrong tree as he researched Brady Street files on the municipal court website, until the Regano case gave him something to chew on. The Hound's dogged pursuit of the story was rewarded when he located a copy of his December, 2005 post in which Milwaukeeworld exclusively broke the story that the city attorney would no longer prosecute such cases. The post, "Open and Shut Case: City Attorney Closes the Window on Prosecuting Open Door Cases" recounted the department's unwillingness to prosecute in the case of City of Milwaukee v. Daniel Fitzgibbons, Case 05087040. Fitzgibbons, owner of Fitzgibbons Pub, 1127 N. Water St., argued his bar should not have been cited for the infraction since the city permitted taverns with openable facades to allow them to remain open after the mandated 10 p.m. closure. The city moved "to dismiss the above stated case, with prejudice based upon prosecutorial discretion," after the court was presented a video by this writer showing many taverns operating with their facades open after 10 p.m. [See original post below.--Ed.]
As the city attorney mentioned in his letter to the council and police chief of 2006, "Indeed, we have been presented with video tapes that very clearly demonstrated extreme amounts of noise and debaucherous behavior which can be heard and are evident from anyone passing by on the public way. All the while the front door to the premises remains tightly closed in strict conformance with the current ordinance. ... Our office stands ready and willing to work with the Common Council in an effort to draft legislation that will be both legal and enforceable." But until such legislation is drafted and signed into law, the police department has no business writing these tickets, the city attorney has no business prosecuting them and the municipal court judges have no business finding the defendants guilty. And they wonder why we don't respect rule of law these days? Why should we when our own city starts acting like the federal government does?
REGANO'S WOES
When the Hound Dog barked out the news that she had been illegally ticketed, owner Mary T. "Teri" Regano said police had come to the tavern on October 5th, 2007 at 1:35 p.m. and found the door slightly ajar due to a floor fan being wedged in it. The police, called by a disputatious neighbor, left Regano with the door citation and one for violating a noise ordinance (that charge was dismissed). Regano pleaded no contest through her lawyer, John Germanotta, and paid a $200 fine.
"But it wasn't just the fine," she lamented to the MilwaukeeWorld Hound Dog, "I also had to pay my lawyer $1,000. And now I'll have a special letter on my record when my license comes up at the end of June. I know they're not going to deny my license for this, but it is a nuisance."
Former municipal Judge David Halbrooks, now an attorney in private practice who represented the defendant in the Fitzgibbons case had no direct comment when the Hound Dog came scratching on his door. But the Hound Dog was able to sniff out from Halbrooks a sense that Regano and the other three individuals prosecuted should be able to recover their costs, fines and attorney fees for the illegal prosecutions, recover the costs and fees of filing a claim against the city for the same, and should have their records expunged of the violations.
--Michael Horne
========
The MilwaukeeWorld Hound Dog is a trademark of milwaukeeworld publishing llc and is not affiliated with the Pulitzer or any other prizes.
The Original Post from December 23rd, 2005:
OPEN AND SHUT CASE
City Attorney Closes the Window on Prosecuting Open Door Violations
a milwaukeeworld.com exclusive
(c) 2005 By Michael Horne
Tavern owners can ring in the New Year with open doors, since City Attorney Grant Langley will apparently not fight a challenge to the constitutionality of Section 90-27-2 of the Milwaukee Code of Ordinances. The section requires Class "B" premises -- taverns, to the rest of us -- to close their doors after 10 p.m.
The ordinance, dating to 1988, was enacted by the Common Council in response to neighborhood complaints of noise emanating from taverns after 10 p.m.
Since that time a number of taverns have beem built featuring "garage door" type facades that open entirely to the street, rendering the ordinance "arbitrary and irrational," according to a court document.
Langley wrote a letter to Anna M. Ruzinski, Deputy Inspector of Police on December 12th, 2005 saying, "under the circumstances, we believe it would be appropriate for the Milwaukee Police Department (MPD) to discontinue enforcing this ordinance until our review of this matter is completed."
It is highly unusual for the City Attorney to ask the police to stop enforcing a law while a case is in progress.
This is good news for Daniel Fitzgibbons, the owner of Fitzgibbons Pub, 1127 N. Water Street. Fitgibbons and his longtime bartender, Joan Shafer, were issued citations for having the 42-inch wide door of the tavern open after 10 p.m., even though neighboring taverns, and many others in the city with the "garage door" style facades were allowed to operate with the apertures open. The citation carried a $343 fine, and perhaps even more importantly, a notation in the files of the Milwaukee Police Department Licuense Investigation Unit, run by Sgt. Chet Ulickey.
Fitzgibbons, an old friend of mine, told me about the tickets, and we discussed the obvious unfairness of the law which allowed the garage door taverns to be entirely open to the street, while punishing him and others similarly situated with conventional walls, windows and doors.
I suggested that he bring his case, "City of Milwaukee v. Daniel Fitzgibbons, Milwaukee Municipal Court Case No. 05087040," to Attorney David Halbrooks, a former Milwaukee Assistant City Attorney and former Municipal Judge.
Halbrooks took the case, and filed a challenge to the constitutionality of the ordinance with the Milwaukee Municipal Court.
Then, one weekend evening, after 10 p.m., on a tour of several east side and downtown establishments equipped with the garage-style doors, I videotaped numerous instances of loud noise emanating from the clubs in question.
I went to Fitzgibbons, accompanied by Halbrooks, and showed him the tape.
The tape then made its way to the city attorney's office, where it apparently did its job, judging from Langley's letter.
The case is to come before Hon. James A. Gramling Jr. on January 13th at 1:30 p.m. at which time Asssistant City Attorney Hazel Mosely will move "to dismiss the above stated case, with prejudice based upon prosecutorial discretion."
Mosely then gave the city attorney's office a face-saving (and self-serving) rationale for her motion, saying, "In the interest of justice the City would like time to evaluate the subject ordinance. Dismissing this action is in the public interest and the defendants will not be harmed in any way by such dismissal on the merits."
Even Attorney General Peg A. Lautenschlager, no stranger to taverns, has decided to dodge the case.
In a letter to Milwaukee Municipal Court dated December 19, 2005, Michael R. Bauer, Assistant Attorney General, said "we have decided not to appear in this matter at this time. The attorney general may seek to appear if the issue of the constitutionality of a statute or ordinance is raised on appeal."
The city issued about 45 citations under the law, with some of them, including Fitgibbons' being multiple violations.
Although the law will not likely be prosecuted again*, the city will surely be hearing from tavern owners who received tickets seeking to clear their records.
[*Guess we got that one wrong, eh? -- Ed.]
posted by Michael Horne @ 3:02 PM
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1 Comments:
It looks Pedro Colon missed a viable issue in the City Attorney election.
How could the incumbent allow his staff to prosecute an ordinance which he (Langley) had established should be ignored? Does this reflect impotent leadership or mutiny?
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