PHOTO: Courtesy of WLUK
GREEN BAY, WI (WTAQ-WLUK) – A settlement appears to have been reached with one of the two remaining plaintiffs suing the City of Green Bay over its use of microphones surveillance and audio recording inside the hallways of City Hall.
The city will pay Tony Theisen $100,000 in the settlement, according to a statement sent from the law firm representing Theisen, who is a former Green Bay council member.
Green Bay’s city council discussed the lawsuit in closed session at the end of its meeting Tuesday night. When the council returned to open session, it approved moving forward as discussed in closed session.
A judge overseeing the federal lawsuit will still need to sign off on the deal.
City Attorney Joanne Bungert told FOX 11 the city could not comment on a potential settlement.
The city admitted in February 2023 to installing the microphones before December 2021 to pair with security cameras.
In Wisconsin, it is illegal to record a private conversation without at least one party consenting to the recording and there being a reasonable expectation of privacy.
The original plaintiffs in the lawsuit, the Wisconsin State Senate, State Sen. Andre Jacque, Jane Doe – who was later identified as Janet Angus, and Theisen, contend there is an expectation of privacy in the hallways of city hall. City officials have denied there is that expectation.
Theisen issued the following statement:
Our democracy is at risk when government officials secretly audio record their citizens’ private conversations. I directly fought against this danger after Mayor Genrich recorded my confidential conversation in direct violation of the United States Constitution. In September 2022, while I attended a meeting of the Common Council in Green Bay City Hall, Mayor Genrich secretly recorded a confidential conversation I had with other Green Bay residents at the meeting. Although my $100,000 settlement with the City of Green Bay will not compensate this unamerican invasion of my privacy, I feel vindicated by the agreement to end my case, because the federal court held that an alleged ‘general concern for public safety is not a lawful basis for the continuous and ongoing interception of private conversations under both the Wisconsin and United States Constitutions.’ I hope this outcome sends a clear message that invasions of privacy won’t be ignored and that those responsible for undermining civil rights will be held accountable. I also expect my settlement to encourage other Green Bay citizens to speak out against the secret audio surveillance devices implemented by Mayor Genrich.
A settlement has not been reached with Jacque. Angus no longer appears to be part of the lawsuit.
Angus appeared to have been the person to discover there was audio surveillance in City Hall and requested details of audio surveillance equipment a few months before Alderperson Chris Wery publicly revealed the use of microphones at a council meeting. That announcement came a few weeks before the city’s mayoral election.
The Wisconsin State Senate was dismissed as a plaintiff in February.
Senate Majority Leader Devin LeMahieu issued the following statement:
We are delighted that the City has done right by Mr. Theisen after having grievously invaded his privacy by secretly recording his private conversations with fellow citizens. Unfortunately, there are likely thousands more Theisens out there who were wronged. We hope this result encourages other Green Bay citizens to come forward.
Shortly after the lawsuit was filed in February 2023, a judge entered a temporary order to halt the use of audio recording at City Hall. Days later, the city council voted to ban the use of audio surveillance at City Hall.
Meanwhile, the West Allis Police Department, upon referral from the Green Bay Police Department and Brown County District Attorney, is conducting a separate criminal investigation to determine if installation and operation of the devices broke any law.
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