Wauwatosa, WI — The legal outcome of dozens of curfew citations issued during a 2020 emergency order in Wauwatosa remains uncertain, weeks after a judge ruled the curfew illegal. In early July, Milwaukee County Circuit Judge Glenn Yamahiro found the curfew, instated by Mayor Dennis McBride amid protests against a local police officer, violated state laws regarding emergency declarations.
The curfew was initially decreed on Sept. 30, 2020, following protests over the actions of former Wauwatosa police officer Joseph Mensah. The mayor issued the order unilaterally, without the approval or consultation of Wauwatosa’s Common Council, the local governing authority. This action, plaintiffs Erik Fanning, Dana McCormick, and their attorney, Kate Knowlton argued, breached state statute which dictates that only the local governing body has the authority to declare an emergency.
The judgment has opened the door for individuals fined during the curfew period to contest their citations. However, the city’s response to the order and how it will address the issued citations is still developing. According to city records, out of 61 recorded citations related to the curfew enforcement, only 13 have been dismissed.
Attorney Kimberley Motley has been actively involved, seeking to have these citations overturned. Despite the ruling, the dismissal of the remaining charges is pending further legal review and is entangled with ongoing court proceedings, as noted by Wauwatosa Municipal Judge Krista LaFave.
Meanwhile, legal representatives for McBride and the city, from Wirth + Baynard, filed for reconsideration on the day of Judge Yamahiro’s decision, a move quickly countered by an objection from the opposing legal team. The ongoing legal tussle underscores the complexity and continued contentiousness of the curfew’s implications.
According to city communications manager Eva Ennamorato, the records showed discrepancies in the number of citations issued, initially stated to be 68 but later corrected to 61. The status of these citations varies: 32 are paused, 16 resulted in guilty findings with significantly reduced fines, but only eight fines have been paid.
Plaintiff Erik Fanning, whose own citation was dismissed, expressed hope for a broader resolution, advocating for all tickets issued under the curfew to be voided and removed from records. Fanning emphasized the disproportionate impact of the citations on Black community members in Milwaukee and called for a reevaluation of the events under the lens of civil rights.
The local statutes in question include Wisconsin State Statute 323.11, which frames the powers of local government units during emergencies, and Statute 323.14(4)(b), outlining emergency powers when governing bodies cannot convene in a timely manner.
As the legal processes unfold, the broader implications of the ruling on emergency governance, civil rights, and community-police relations remain significant points of public and legal debate. The resolution of these citations will likely influence future protocols for managing public safety and civil rights during emergency situations.