Mayor McBride's August 13 statement was revised on August 14 with two changes. One, the revision makes it more clear that picketing is not permitted at individual private residences. Two, the statement removes the protest hours of 12:00 pm to 8:00 pm.
For almost three months, Wauwatosa has been the site of continuing protests. Protesting is a right guaranteed by the First Amendment to the U.S. Constitution. The City of Wauwatosa has always supported and protected peaceful protests. Nevertheless, the U.S. Supreme Court has made it clear that that right is subject to limitations: protests must be peaceful, and communities may impose “time, place, and manner” restrictions on them. Though many protests in Wauwatosa have been peaceful, increasingly some activities have violated Wauwatosa ordinances and state laws.
When violations have occurred, the Wauwatosa Police Department (WPD) has made arrests and issued citations, but, exercising forbearance, it has not enforced City ordinances in full measure. From this point forward, however, to ensure that protests remain peaceful and within the bounds of the law, all Wauwatosa ordinances will be enforced, including (but not limited to) the following:
- Discharging fireworks without a permit from the Wauwatosa Common Council
- Protesting on private property (residence or business) without the owner’s permission
- Picketing at individual private residences
- Trespassing inside private businesses
- Obstructing or blocking traffic
- Failure to disperse an unlawful assembly (as defined by § 947.06 of the Wisconsin Statutes: three or more people, when there is a reasonable belief that injury or damage will occur)
Depending on the incident, violators might be subject to arrest or liable for forfeitures of up to $5,000.
The stricter enforcement of our laws is intended to restore order and civility in our community.
The City will continue to allow protesters to march on sidewalks or in streets if marchers do not obstruct car or pedestrian traffic or otherwise violate local ordinances. For some protest activities, however, organizers will be required to obtain a special event permit. Permits will not be granted for activity on private property without the property owner’s permission. Details of the permits will be considered on a case-by-case basis. Failure to comply with these “time, place, and manner” restrictions could result in arrests or the issuance of legal citations. Failure to obtain a permit when required could result in a forfeiture of up to $1,000 plus any costs associated with the event, such as staff time, barricades, clean up, and more.
The Wauwatosa Common Council and I have heard the calls for change and we take them seriously. It is our goal to be a model for meaningful change. In recent weeks, the Common Council has banned the use of chokeholds in Wauwatosa, directed the WPD to purchase body cameras, adopted the Metropolitan Milwaukee Association of Commerce (MMAC) pledge to create a more diverse workforce, and scheduled implicit bias training for City staff and elected officials. More change will come. Change is needed to bring about equity and to overcome the Milwaukee area’s legacy of racism. Peaceful protests can help bring about such change. Unlawful conduct will not.
The Common Council and I are constrained by state law from accomplishing all the changes asked of us. Some members of the Wisconsin Legislature have either criticized our efforts or ignored our calls for reform. State legislators have the unique ability to enact reforms in Madison. I call on our state leaders to work with us to create the lasting change we need to correct the inequities in Milwaukee and surrounding communities. The time to do so is now.
