Milwaukee Will Drop Private Security Licensing Requirement

Milwaukee City Hall. Photo by Jeramey Jannene.

The City of Milwaukee’s attempt to impose new licensing requirements for private security personnel is at a standstill following a lawsuit brought by six local business owners.

Undeterred, City Attorney Evan Goyke remains “very confident” in the effort to improve citywide security practices and pledges to work with the Common Council on a long-term solution.

“I do believe the city council was right in taking some action,” Goyke said, specifically referencing an August 2023 incident during which a gas station security guard fatally shot a resident in the Garden Homes neighborhood.

The guard, William Pinkin, was convicted of a felony in 1989 and subsequently barred from possessing a gun. The business’s license was revoked in October 2023.

“That person was not licensed, would not be licensed, could not be licensed,” said Goyke in an interview.

“Multiple events — especially the incident on Teutonia Avenue — warrants a public response and a policy response. I think everyone went into the effort with good intentions to solve a real, actual serious problem.”

In response to the fatal shooting and other security-involved incidents across the city, the Milwaukee Common Council voted unanimously in March to approve an ordinance mandating thorough background checks for security guards. The legislation, led by Alderwoman Andrea Pratt, also required all hired security to be licensed, bonded and insured.

“What the council was trying to do is to get more information and have more teeth on who the security personnel were, and ensuring that when a business says they’ll have security that they will be actually professional licensed security,” Gokye said.

Although city officials gave the ordinance a stamp of approval, a handful of business owners and security personnel raised objections, alleging that the plan was overly vague.

Attorneys Emil Ovbiagele and Samantha Huddleston Baker on April 3 filed a complaint on behalf of the group, which includes Brandon Miller, Always Towing and limited liability companies associated with Revel Bar, Court MVP, Mr. B’s Lounge, and Legends Cocktail Lounge, respectively.

In a brief, the plaintiffs accused the city of overreaching its authority, noting that the ordinance is unlawfully more stringent than state law.

“Cities are creatures of state legislature that have no inherent right to self-government beyond the powers expressly granted to them,” the plaintiffs wrote, specifically highlighting a 2015 law that “limits and preempts local governments from enacting new occupational licensing schemes or imposing new licensing requirements for occupations.”

The court granted an injunction on April 10, effectively suspending the enforcement of the ordinance. As of mid-June, the suspension is permanent.

Ovbiagele filed on June 17 for summary judgement, which would have resolved the lawsuit before trial. Shortly thereafter, without filing a response, the city agreed to rescind the ordinance and suspend its enforcement citywide, Ovbiagele said in an email.

Judge Brittany Grayson dismissed the case on July 1.

Another complicating factor, according to Goyke, was the timing of the case, which was filed just prior to his April 16 swearing in as city attorney.

As the case progressed, Goyke said it became clear that the city might find more success with a different approach. “We came to the conclusion that our argument — that this ordinance was not preempted by state law, or that the council had the authority to invoke this ordinance — was not the strongest position.”

Despite the setback, Goyke said he supports the council’s effort and is confident in future attempts to implement similar requirements.

“We’re kind of standing ready and we’ll be working with the council in the days and weeks and months ahead to get that ordinance correct and correctly fashioned.”

For more information on the ordinance, see Urban Milwaukee’s prior coverage.