Proposal Would Make Attending Street Takeovers Illegal

A Milwaukee Police Department SUV in downtown Milwaukee. Photo by Jeramey Jannene.

Want to watch a street takeover? The Milwaukee Common Council wants to make it one of the most expensive shows in town.

The Public Safety & Health Committee unanimously endorsed adoption of a new ordinance Thursday that would establish a $500 to $1,000 citation for spectating one of the takeovers.

The Milwaukee Police Department (MPD) has had limited success in making arrests at street takeovers due to the scale of the events and the danger of intervening quickly without sufficient manpower. Coordinated on social media or private messaging platforms, a handful of drivers will begin doing donuts and other reckless maneuvers at an intersection while more than 100 onlookers assemble, often filming the event and shooting off fireworks.

The idea of ticketing spectators was first floated in early June before being delayed. Last week, Mayor Cavalier Johnson chastised the council for allowing the concept to “languish.”

But public safety committee chair Scott Spiker and Common Council President José G. Pérez said they were ensuring the proposal was well-crafted and wouldn’t be abused or plagued by loopholes.

“I want to thank the City Attorney’s Office for their due diligence, and the [Legislative Reference Bureau] for giving us several things to consider,” said Pérez on Thursday.

The final proposal, which will go before the Common Council in two weeks, includes exemptions and an expanded definition of what a spectator is. It builds on legislation Pérez and then-alderwoman Chantia Lewis crafted in 2018 to crack down on drag racing.

“Look at what we have now,” said Spiker, promoting the thought that went into the proposal. “This is a much more nuanced file. It takes care of some legal enforceability concerns.”

To be cited, the spectator must be “knowing present for the prupose of viewing, encouraging, recording or otherwise attending a racing event or street takeover as it occurs or while preparations are underway.” Pérez said it was important to avoid ensnaring people who may be passing by.

An explicit exemption is also included for individuals “present at a lawful parade, protest or assembly authorized by permit or otherwise protected by law.” The clause, said Pérez, is intended to avoid any future abuse where citations are issued to individuals at a valid 1st Amendment protest.

“When President Pérez said we wanted to get it right, that was one of the things we wanted to get right,” said Spiker in answering a question from Alderperson JoCasta Zamarripa.

Pérez said he was previously contacted by unamed Congressional members with concerns about the vague nature of the proposal.

The committee’s endorsement came after it spent more than an hour discussing how MPD could adjust its response to street takeovers and what the public should expect.

Spiker and his colleagues pushed the department to explore “making an example of” one of the takeovers and crack down heavily. Pérez expressed dismay that he didn’t think anyone was arrested after an early July takeover in his district.

Whether or not any of the policing strategies work, Spiker joked that he has another proposal that he’s sure will: winter. Cold weather is expected to slow down the events, at least for a few months.

Deputy District Attorney Ann Lopez said if individuals can be caught, the DA’s office is prepared to charge them with appropriate evidence presented. “There is a range of charges that could be, possibly both felony and misdemeanor,” she said.

MPD Chief of Staff Heather Hough said the department needs help from the public in identifying where and when takeovers are happening and who is involved. “The expectation for the public is to provide us with information,” she said.

But MPD and the District Attorney’s Office did have one success to report after several takeovers were held on Labor Day weekend: one individual, who drives a distinctive vehicle, was arrested after a takeover and charged with two felonies. Hough said several other individuals were issued citations.

“When we are responding to those situations, our objective is to disrupt this activity,” said Assistant Chief Steven Johnson.

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