Effort To Ban Guns From Area Around RNC Fails

Milwaukee City Hall. Photo by Jeramey Jannene.

You can’t bring a tennis ball, but you will be able to bring AR-15 into the “soft zone” security perimeter around the Republican National Convention.

Alderman Robert Bauman‘s proposal to have the city attempt to supersede state statute and prohibit the weapons failed Friday morning during a special meeting of the Public Safety & Health Committee.

“I think we need to at least demonstrate that we the city are willing to fight to protect our residents, employees and businesses,” said the downtown alderman.

He said if the city lost in court, it could at least show that it tried.

Bauman doesn’t believe that it was the intention of state legislators to block the city from restricting possession of weapons during a National Special Security Event.

The Secret Service, an arm of the federal government, is expected to block possession of firearms within the “hard zone,” a smaller secured area around Fiserv Forum and the Baird Center that will require credentials to enter.

But the city is unable to restrict firearms in the wider “soft zone” that will encompass much of Westown and include the likely free speech zone at Pere Marquette Park. It will, however, prohibit a variety of other items, including tennis balls, gas masks, lumber, fireworks, human waste, locks, umbrellas, tape, coolers and canned goods.

Bauman attempted to add firearms to the list, only to see the committee shoot it down. Only Peter Burgelis voted for his proposal. Bauman said he doesn’t intend to push the issue on the council floor.

City Attorney Evan Goyke and deputy city attorney Mary Schanning oppose Bauman’s proposal because of the risks.

“We would garner a lawsuit, probably from a gun lobby group,” said Schanning.

She said the group would request a temporary restraining order and a judge could end up blocking the entire RNC ordinance, resulting in less protection than the current state.

“The hope would be that a court would fast track this, but there is no guarantee of this,” said Schanning of actually hearing the case.

A separate lawsuit from the American Civil Liberties Union of Wisconsin on behalf of the Coalition to March on the RNC was filed earlier this week.

Ald. Scott Spiker, the committee chair, raised the specter that if the ordinance was upheld, it could invite its own protest. “I’ve had teens, oppositional defiance is a real thing,” he said.

Milwaukee Police Department captain Timothy Gauerke said it is possible that “constitutional carriers” could be motivated to attend.

But he said under any scenario, the city retained its right to arrest people waved the firearm around or pointed it. “If you are indeed waving a firearm around, that would be a violation of state law,” he said. “Having just the gun slung or holstered in and of itself is not a violation of the law.”

Spiker opposed Bauman’s proposal. “It’s clear by the letter of the law that is is illegal, and in general governments shouldn’t do illegal stuff.”

Joining Spiker in voting against the proposal were Sharlen P. Moore and José G. Pérez. Ald. Lamont Westmoreland abstained.

The Secret Service conducted a security briefing Thursday morning.

Zoning, Human Waste Changes Approved

There were other changes endorsed Friday. The city would suspend portions of the zoning code to enable businesses to get expedited permits for new signage or parking.

Department of Neighborhood Services Commissioner Jezamil Arroyo-Vega said she would maintain control of the issuance of any permits, but that appeals to the Board of Zoning Appeals would not necessary during a multi-week window in July. “We have three dedicated plan examiners,” said Arroyo-Vega of the review process. She said other plan examiners would be able to handle other requests.

Spiker successfully added an item to the list of prohibited items: human waste. There are no prohibitions in state law that would deny the city to right to block an individual from carrying their own waste or that from any other individual.

Gas maks, but not those used to prevent viral infections, were also added to the prohibited items list.

The full council will review the changes on June 11.

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Related Legislation: File 240174