PHOTO: Courtesy of WLUK
GREEN BAY, WI (WTAQ-WLUK) — A Brown County judge has granted a temporary restraining order to turn off audio recording devices in the hallways of Green Bay’s city hall.
The Thursday morning ruling from Judge Marc Hammer means conversations in the first and second floor hallways of Green Bay City Hall are not being recorded for the first time in about 15 months.
However, the order is only temporary and attorneys for the city indicate they plan to appeal so the microphones can be turned back on.
There are two different ongoing efforts to keep these microphones off permanently. One is through the lawsuit filed last week by the State Senate and three individuals: State Sen. Andre Jacque, former alderperson Tony Theisen, and an unidentified attorney. The other is through the city council, which could pass a policy at its meeting on Tuesday after the parks committee unanimously approved the measure Wednesday night.
During the nearly one-hour court hearing, Judge Hammer asked a lot of questions that many others have been pondering since learning microphones were installed without city council approval or knowledge.
“In the building of government, where you’d think the people have the right to speak, they have to go outside or find an office to speak? How can that be?” questioned Hammer.
“If you want to have a private conversation there are places where you can clearly do that,” said Ted Waskowski, an outside attorney representing the City of Green Bay and Mayor Eric Genrich.
Waskowski said three incidents prompted the microphones to be put in. Each incident supposedly involved members of the public verbally assaulting either a city employee or a member of the media.
Judge Hammer noted two of those three incidents did not happen in the hallways where the microphones were put in.
“Why are we recording in the hallway when really the concerns have been identified by our citizens as occurring in rooms and don’t really involve incidents necessarily of violence but of people yelling at each other?” questioned Hammer.
Waskowski told Hammer the microphones were put in to capture loud incidents and not conversations held at a normal level.
Waskowski says one of the incidents that happened inside of the clerk’s office likely would have been picked up by the microphone in the hallway.
There was also question in court of who knew about the microphones and for how long.
The city has said about 800 city employees were emailed when microphones were put in. However, no signs were placed in the hallways where recording was happening until the issue was publicly brought up a few weeks ago.
“I don’t know how you deter anyone by secretly recording them and not letting them know that they are recording them,” said Attorney Ryan Walsh, representing the plaintiffs.
The attorneys for the city and mayor argued the plaintiffs knew about the audio recording devices since mid-September, which is beyond the timeframe allowed for notice under law.
“I’m concerned there was some type of underhandedness or strategy in waiting until after the city primary and before the city election to dirty up the mayor. That is unfortunate,” said Judge Hammer. “That is extremely disappointing quite frankly, to use a fundamental right that our people have as a political tool is unfortunate.”
Judge Hammer still granted the restraining order, ordering the microphones be turned off immediately and any recordings stay sealed until the court says otherwise.
“They should at least have the opportunity to engage in a private conversation with the person they are sitting next to without fear that somebody is going to hear them or use it against them,” said Hammer.
Mayor Genrich was not at the hearing, despite being a defendant along with the city.
The manager of Genrich’s re-election campaign released a statement from the mayor:
“I agree with Judge Hammer that the actions of Wisconsin Republicans are political and suspiciously timed. These MAGA Republicans who are aligned with my opponent are making our residents and city staff less safe by prioritizing politics over safety.”
“The truth is that hallway cameras like this have been in place at City buildings for a decade or more as public safety measures supported by the Green Bay Police.”
“As Mayor, I’m proud of the significant progress our City has made over the last four years and will always prioritize making progress for the working families of Green Bay over politics as usual.”
The city council and mayor’s office are nonpartisan positions by state law.
So far, Randy Scannell is the only city council member who says he is ok with the microphones at city hall. At least eight of the twelve council members have publicly said they are against the audio surveillance.
Alderperson Melinda Eck said after court that some council members will pursue a policy to remove audio recording devices from all city buildings. Microphones are also in the lobbies of the police department and the bus station, along with inside the city’s buses.
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