Fate of Wauwatosa citations remains unclear despite judge ruling 2020 curfew was illegal

The fate of citations issued to at least 61 people during Wauwatosa's emergency curfew order in October 2020 remains unclear two weeks since a Wisconsin judge's decision that declared the curfew violated state statute.

Here's what to know.

Judge decided in early July that Wauwatosa, mayor violated state statute issuing emergency curfew

Milwaukee County Circuit Judge Glenn Yamahiro granted the summary judgment motion by plaintiffs Erik Fanning and Dana McCormick and attorney Kate Knowlton July 5 in a lawsuit they brought upon Mayor Dennis McBride and Wauwatosa.

That means the judge found no facts to dispute in the plaintiffs' claim that the citywide curfew McBride and the city of Wauwatosa enforced in the wake of protests against former Wauwatosa police officer Joseph Mensah in October 2020 violated state statute.

State statute says the local governing body has the power to declare an emergency, and the plaintiffs' summary judgment argued that the mayor violated that by acting alone. He drafted and signed the Proclamation of Emergency on Sept. 30 without knowledge, input or approval of Wauwatosa's Common Council, the local governing body.

What does the order mean for citations?

Knowlton says the judge's order means anyone who was fined for violating the curfew can argue their citation be void, she told the Journal Sentinel July 9.

Nearly 70 people were arrested at the time, and only 13 of 61 documented citations have been dismissed, according to city records.

Attorney Kimberley Motley fought to get the tickets thrown out in the months that followed the arrests in 2020.

But even after the latest judge order this month, the citations remain. Their future will depend on the circuit court's ultimate judgment and other cases still pending in courts, according to Wauwatosa Municipal Judge Krista LaFave.

Attorneys with Wirth + Baynard, which represents McBride and the city, are trying to fight that decision. They filed a motion for reconsideration the same day as Yamahiro's order, online court records show. An objection to that motion was filed July 9.

Motley, who represented more than 60 people in a lawsuit, is appealing a jury's decision that Wauwatosa police didn't violate protesters' privacy with a "target list."

How many people received citations for violating Wauwatosa curfew in October 2020?

According to records provided July 15 by the city, 61 citations were issued for violating the citywide curfew from Oct. 7-12. That differs from the previous numbers provided that 68 individuals faced fines for violating a citywide curfew from Oct. 7-12.

City communications manager Eva Ennamorato said it's not clear why there's a discrepancy in the numbers but would look into it.

Here's the status of 61 citations:

• 32 citations are "stayed," or on pause.
• 13 citations have been dismissed.
• 16 citations had guilty findings. Their fines were reduced from $1,321 to $313. Eight of the guilty citations have been paid; seven have not been paid; and one citation recipient received no fine.

Plaintiff in lawsuit says he hopes all tickets get expunged

Now that the curfew has been ruled illegal, Fanning, a plaintiff in the curfew lawsuit, said he would like to see all tickets pardoned, dismissed, refunded and expunged from people's records.

His own citation was already dismissed. He also said he hasn't suffered anywhere near how much those whose citations have loomed over their heads for years, especially Black Milwaukee residents, who he said he believes were issued the brunt of the citations.

Fanning believes the events and decisions of those days in October, including the people's claims of civil rights violations, should be reexamined under the ruling that the curfew was unconstitutional.

"When everything from that point forward is considered part of an illegal order, that changes everything," he said.

What are the two state statutes?

Here are the state statutes a judge agreed the Wauwatosa curfew violated:

• Wisconsin State Statute 323.11 : " Declaration by local government : The governing body of any local unit of government may declare, by ordinance or resolution, an emergency existing within the local unit of government whenever conditions arise by reason of a riot or civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other critical systems of the local unit of government.
• Wisconsin State Statute 323.14(4)(b): " Powers During an Emergency: If, because of the emergency conditions, the governing body of the local unit of government is unable to meet promptly, the chief executive officer or acting chief executive officer of any local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under par. (a) or s. 323.11 that appear necessary and expedient. The proclamation shall be subject to ratification, alteration, modification, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation."

Contact the reporter at Bfogarty@gannett.com

This article originally appeared on Milwaukee Journal Sentinel: Fate of Wauwatosa citations remains unclear despite judge ruling 2020 curfew was illegal