Wisconsin Watch Archives - Wisconsin Watch http://wisconsinwatch.org/tag/wisconsin-watch/ Nonprofit, nonpartisan news about Wisconsin Tue, 15 Aug 2023 04:24:35 +0000 en-US hourly 1 https://wisconsinwatch.org/wp-content/uploads/2021/02/cropped-WCIJ_IconOnly_FullColor_RGB-1-140x140.png Wisconsin Watch Archives - Wisconsin Watch http://wisconsinwatch.org/tag/wisconsin-watch/ 32 32 116458784 Wisconsin Democrats on ‘veto watch’ after Tony Evers blocks 10 bills https://wisconsinwatch.org/2023/08/wisconsin-democrats-on-veto-watch-after-tony-evers-blocks-10-bills/ Fri, 11 Aug 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1281389

Republicans don’t control two-thirds of the Assembly, but they only need two-thirds of those present on a session day to override the governor’s veto.

Wisconsin Democrats on ‘veto watch’ after Tony Evers blocks 10 bills is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Story highlights
  • Democrats are on “veto watch” now that Gov. Tony Evers has vetoed his first 10 bills of the session.
  • Republicans don’t have the two-thirds majority in the Assembly needed to override a veto, but they only need two-thirds of members present on a given session day. Democrats are worried Republicans could call a snap vote with Democrats absent.
  • The Legislative Reference Bureau has written a memo explaining the Legislature has ultimate authority over the veto override process within the few limits set by the state constitution.

Gov. Tony Evers found himself in familiar territory last week, issuing his first 10 vetoes of the legislative session.

Only this time, instead of putting the legislation to bed, as a veto has done for decades in Wisconsin, the governor’s pen triggered a “veto watch” among Democratic lawmakers.

“Our caucus has determined protecting Gov. Evers’ veto to be a top priority,” Assembly Minority Leader Greta Neubauer, D-Racine, told Wisconsin Watch, adding that Democratic lawmakers are “remaining extremely vigilant and will do so throughout the session to ensure that we are able to uphold (the governor’s) vetoes and prevent Wisconsin from moving backwards.”

Wisconsin Assembly Minority Leader Greta Neubauer, D-Racine, has put her members on ‘veto watch.’ She says she worries Republicans could try to override a veto if three or more Democrats are absent. She is seen here at Gov. Tony Evers’ State of the State address on Jan. 24, 2023, in Madison, Wis. (Drake White-Bergey / Wisconsin Watch)

But why do Democrats need to be on alert when Republicans control fewer than 66 seats in the Assembly — the two-thirds supermajority needed to override a veto?

The answer: The Wisconsin Constitution says that to successfully override a veto, lawmakers only need support from two-thirds of members who are present on a given day — not two-thirds of all Assembly members. So if just three Democratic lawmakers were absent on a given day, Assembly Republicans could have a two-thirds majority and would be able to undo Evers’ vetoes.

It’s been a record 38 years since the Legislature has overridden a veto, a failure that “in recent decades has made the governor’s veto power practically invincible,” according to a January 2023 memo on the veto override process from the nonpartisan Legislative Reference Bureau.

How do vetoes work in Wisconsin?

When lawmakers send a bill to the governor for a final signature, the governor has six days, excluding Sunday, to veto it or it becomes law. Once the governor vetoes a bill, it first returns to the chamber where it originated. In the Assembly, Republicans control 64 of 99 seats. In the state Senate, they control 22 of 33 seats. The Assembly can vote on a veto override for the same bill multiple times during a session, whereas the Senate may only vote for one on the same bill once, according to the LRB.

Evers has vetoed bills passed by the GOP-controlled Legislature at a record-breaking clip in recent years. During the 2021-22 legislative session, he struck down 126 bills sent to his desk, or 32% of all bills sent to his desk, the most by any governor in a single session in Wisconsin history. Other governors have vetoed on average 3.7% of bills they receive, the LRB reported.

Four of the bills Evers vetoed last week would have made changes to Wisconsin’s unemployment insurance system. Another would have prevented state agencies and local governments from restricting the sale of gas-powered vehicles.

But with such slim margins this session, the governor’s veto doesn’t feel invincible to Democrats, and lawmakers are planning accordingly in an attempt to avoid being caught off guard by a surprise vote scheduled by their Republican colleagues. To prepare for a potential surprise override vote, Assembly Democrats are slated to receive a briefing from the LRB on the veto override process this fall, Neubauer spokesperson Sidney Litke told Wisconsin Watch.

When could a veto override take place? 

Veto votes may take place at any time during a regularly scheduled floor session. Those periods include Sept. 12-15, Sept. 18-21, Oct. 10-13, Oct. 16-19, Nov. 7-10, Nov. 13-16 and in 2024 on Jan. 16-19, Jan. 22-25, Feb. 13-16, Feb. 19-22, March 12-14 and April 11, 16-18. 

Next year on May 14 and 15 any vetoes that have not been overridden are automatically placed on the calendar for what is known as a “veto review floorperiod.”

“All of our members have made this commitment to be in Madison for every scheduled session day,” Neubauer said.

And now that there are vetoes available to be scheduled for an override vote, the Democratic leader said all 35 of her caucus members will also be in Madison on all skeletal session days — procedural sessions usually involving only a few members that are required to maintain established floor schedules on session days when the full body doesn’t actually meet.

Evers is also conscious that his veto authority is protected by the slimmest of margins.

“After the last election I met with all the legislators on the Democratic side and said, ‘You can’t be sick this year.’ And so far that’s worked out,” the governor told Wisconsin Watch earlier this summer in Oshkosh. He added, “We are well prepared to ensure that we keep the margins where they should be. Obviously, the Republicans have a large number of people in the Legislature, but the Democrats will always be there.”

Both Evers and Neubauer said they have not discussed with Republicans an informal deal to avoid a surprise override vote.

Assembly Speaker Robin Vos, R-Rochester, through a spokesperson, didn’t respond to a question about whether he would schedule an override vote if Democratic lawmakers were absent and Republicans had a two-thirds majority on a given day. Senate Majority Leader Devin LeMahieu, R-Oostburg, through a spokesperson, didn’t respond to a question about whether he would support an override effort that had been approved by Assembly Republicans using procedural tactics.

Why would a veto override matter? 

Neubauer cautioned that a snap override attempt could harm the Legislature as an institution.

“People … have an understanding of the ways in which the rules have been changed in the Legislature — through the gerrymander and otherwise — to further consolidate Republicans’ power,” she said. “And I don’t think that an unscheduled veto override attempt would reflect well on our democracy and on the institution.”

She continued, “That being said, we just have to be as prepared as possible.”

Senate Minority Leader Melissa Agard, D-Madison, echoed Neubauer, likening a surprise override vote to other recent Republican “over stretches,” including lame duck legislation in 2018 that sought to weaken Evers and Attorney General Josh Kaul, Republicans’ decision to gerrymander the state’s voting maps to insulate their majorities and the attempt to submit fake presidential electors to Congress after the 2020 election.

“These types of parlor tricks are not true governing,” Agard told Wisconsin Watch. “They aren’t in the best interest of our state.”

Wisconsin Senate Minority Leader Melissa Agard, D-Madison, likened a veto override attempt with enough Democrats absent to gerrymandering or the fake presidential electors scheme. She is seen here during a state Senate session on June 28, 2023, in the Wisconsin State Capitol in Madison, Wis. (Drake White-Bergey / Wisconsin Watch)

Could courts play a role? 

A Republican veto override would leave little recourse for Democrats.

Even with liberals taking control of the Wisconsin Supreme Court last week, Democrats could face a tough path to reversing any potential surprise overrides via the courts.

Aside from what’s in the constitution, the Legislature sets the rules for override process. There are no statutes governing the process and the Legislature can change or enforce the rules however it wants, according to the LRB memo.

The state Supreme Court stated in 1983 that “if the Legislature fails to follow self-adopted procedural rules in enacting legislation, and such rules are not mandated by the constitution, courts will not intervene to declare the legislation invalid.”

The LRB concluded in its memo that the courts have no role in overseeing the veto override process.

“The veto override process is an internal, procedural matter created and governed by the Legislature alone. The Legislature adopts rules that regulate the process, and courts may not adjudicate the application or interpretation of the rules,” LRB director Rick Champagne wrote. “The veto override process is in every way a self-determined legislative process.”

Neubauer said Democrats are prepared to prevent it from getting that far.

“Our caucus is very clear that this is one of our top priorities for this session,” she said. “We’ve discussed it countless times and we are in very close communication with every member of the caucus and will be throughout the session to make sure that we’re doing what we need to do. And people will make real sacrifices — time with their family, vacation, time in their districts — in order to make sure that we are doing everything in our power to protect the veto.”

Wisconsin Watch reporter Jacob Resneck contributed to this report.

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

Wisconsin Democrats on ‘veto watch’ after Tony Evers blocks 10 bills is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Milwaukee residents fear more flooding due to planned I-94 expansion   https://wisconsinwatch.org/2023/08/milwaukee-residents-fear-more-flooding-due-to-planned-i-94-expansion/ Thu, 10 Aug 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1281353

Two extra highway lanes will add 29 acres of asphalt next to Near West Side Milwaukee neighborhoods that already face flood risks.

Milwaukee residents fear more flooding due to planned I-94 expansion   is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Click here for highlights from the story.
  • The Wisconsin Department of Transportation plans to spend about $1.2 billion to add two lanes to a 3.5-mile segment of the I-94 East-West Freeway corridor in Milwaukee, aiming to repair the road and ease congestion. 
  • Residents worry the addition of about 29 acres of asphalt will increase flows of stormwater into surrounding flood-vulnerable neighborhoods. 
  • The Wisconsin Department of Transportation acknowledges the extra pavement will increase stormwater runoff. The department doesn’t plan to analyze precise effects on runoff until the final design phases of a project expected to break ground in 2025. 
  • More than 20% of households near the corridor lack a car, and expansion opponents point to volumes of research showing that widening highways can actually increase traffic volume. 

Janet Haas two decades ago saw potential in a field of thistle, grass and bushes that Milwaukee County had neglected: Valley Park, nestled between the Menomonee River to the west and homes in one of Milwaukee’s most racially diverse neighborhoods to the east. 

This piece is part of a collaboration that includes the Institute for Nonprofit News, Borderless, Ensia, Grist, Planet Detroit, Sahan Journal and Wisconsin Watch, as well as the Guardian and Inside Climate News. The project was supported by the Joyce Foundation.

“The county doesn’t have any money, and they haven’t had any money for years,” said Haas, 65, who has lived most of her life in the Near West Side neighborhood, called The Valley or Piggsville. “One day I just decided that the thistles were as tall as I was, and I wasn’t going to take it anymore.”

That meant persuading her mom and a friend to join her in pulling weeds and planting bushes and flowers in the park. The Milwaukee Metropolitan Sewerage District built the park as part of a multi-million dollar project to protect the neighborhood from flooding – but, Haas said, it fell into disrepair after its completion in 2001.

Valley Park is now a meticulously maintained community gathering spot — complete with walking and biking trails, a play structure and shade trees. Residents take pride in the tidy park — evidenced by their weekly cleanup events, such as a June 22nd gathering of about a dozen neighbors.  

“We all know each other, we look out for each other,” said Moses Mcknight, a resident of 17 years, as children and adults moved mulch and watered flowers in the park. “We like to fix things up, and keep it that way.” 

But neighbors at the Thursday evening cleanup worry that a $1.2 billion plan to widen the Interstate 94 East-West Freeway corridor will disrupt their gatherings and undo progress.

I-94’s six lanes stretch above the Menomonee River and run south of Valley Park — carrying commuters between downtown Milwaukee and the city’s western suburbs in Waukesha County. Backed by Democratic Gov. Tony Evers, the Wisconsin Department of Transportation plans to add two lanes to a 3.5-mile segment of the highway. 

A view of Milwaukee’s Valley Park looking southwest towards American Family Field. Local residents worry that a $1.2 billion plan to widen the Interstate 94 East-West Freeway corridor will undo progress in beautifying the park. (Pat A. Robinson for Wisconsin Watch)

Valley Park sits in the middle of the planned expansion. Aside from increasing noise and air  pollution as more cars zip down a wider highway, residents worry the addition of about 29 acres of asphalt — the equivalent of more than twenty football fields — will increase flows of stormwater into The Valley and surrounding flood-vulnerable neighborhoods. 

The state transportation department acknowledges the extra pavement will increase stormwater runoff, but it says it won’t analyze precise effects on runoff until the final design phases of a project expected to break ground in 2025. 

“Who’s going to benefit? Because it’s not going to be us,” Haas said. “The soil is going to be crummier and more polluted. We worked on this park, why should we give it back?”

The transportation department declined to be interviewed for this story. In an unsigned statement emailed by a spokesperson, the department wrote, in part: “We work to avoid or minimize the impacts of infrastructure improvements to the natural and human environment while delivering projects efficiently.”

Flood-prone neighborhoods at center of I-94 expansion

Evers and the Wisconsin Department of Transportation want to expand the interstate to decrease traffic congestion and high crash rates, and repair aging infrastructure in what Evers has called one of the state’s “most congested and dangerous roads.” 

Menomonee Valley Partners, a nonprofit dedicated to redeveloping the Menomonee River Valley, has praised the state’s decision to proceed with the project.

On the right is a map showing census tracts in the city of Milwaukee considered most exposed to flooding, based upon the portion of road area and number of residential units impacted by flooding. The map on the left shows overall vulnerability to flooding across the city of Milwaukee, factoring in demographic risks related to housing, socioeconomic status and public health. (Courtesy of Milwaukee Flood and Health Vulnerability Assessment)

But more than 20% of households near the corridor lack a car, and expansion opponents point to volumes of research showing that widening highways can actually increase traffic volume. They say the expansion will disproportionately disrupt Milwaukee’s Near West Side neighborhoods that the highway shaped six decades ago.  

The expansion cuts through some of Milwaukee’s most flood-vulnerable areas. 

The Valley, Merrill Park and other neighborhoods north of I-94 face “high” vulnerability to flooding, according to recent mapping by the environmental advocacy nonprofit Groundwork Milwaukee, The New School Urban Systems Lab and other partners. Neighborhoods just south of the highway — including parts of the Mitchell Park, National Park and Clarke Square neighborhoods — face “very high” flood vulnerabilities, the research shows. 

A sign marks the boundary of the Valley Park neighborhood on Milwaukee’s Near West Side. The neighborhood sits in the middle of Wisconsin’s planned $1.2 billion widening of a 3.5-mile stretch of Interstate 94. Residents worry the addition of about 29 acres of asphalt will increase flows of stormwater into the neighborhood and surrounding flood-vulnerable communities. (Pat A. Robinson for Wisconsin Watch).

The analysis indexes flood vulnerability according to impacts on health, such as how many people lack health insurance and face certain chronic diseases; socioeconomics, including age, income and racial demographics; and housing, including the age of housing stock and portion of households lacking a car.

According to the report, The Valley faces a “medium” flood exposure level, or how likely it is to flood during heavy rainfall. But many surrounding neighborhoods — including Merrill Park to the east and parts of neighborhoods along the Menomonee south of I-94 —  face a “high” risk. The analysis doesn’t consider how the I-94 expansion might affect flooding.

With roughly as many white residents as people of color — mainly Black, Latino and Asian Americans, The Valley is among Milwaukee’s most diverse neighborhoods. Residents of color make up larger majorities in other flood-vulnerable neighborhoods touched by the expansion. Those include Merrill Park (54% Black, 19% Hispanic or Latino) and National Park (7% Black, 73% Hispanic or Latino), according to an analysis of 2020 census data by Marquette Law School research fellow John Johnson. 

Institute for Nonprofit News collaboration partners report that cities throughout the Great Lakes region are experiencing crises resulting from intense rainfall, archaic wastewater systems, crumbling infrastructure and segregated housing, creating a perfect storm of flooding vulnerability and environmental injustice. Rural areas, Indigenous communities and ecosystems in the Great Lakes also face great risk from flooding, endangering hard-fought gains in environmental restoration and community development.

Runoff analysis to come late in project

Understanding precisely how much the I-94 expansion will affect those neighborhoods requires a detailed runoff analysis, said Lawrence Hoffman, senior manager of GIS and Data Services for Groundwork USA, who helped lead the vulnerability mapping project. 

In its Supplemental Environmental Impact Statement published in 2022, the state transportation department acknowledged that adding acres of impermeable pavement will increase stormwater runoff, but said “the water that would be collected from I-94 would be treated better than it is today.” 

The department said it won’t calculate the “quality and quantity” of the runoff — and finalize solutions to address it, such as retention basins or grass-lined ditches — until the project’s final design phase. 

That’s too late to offer such critical information — and long after the project’s public comment period, which closed in January, said Cheryl Nenn, a riverkeeper for Milwaukee Riverkeeper, a self-described “science-based advocacy organization working for swimmable, fishable rivers” around Milwaukee. The state transportation department plans to include feedback from the public comment period in a final Environmental Impact Statement, expected to be released this year.

The Wisconsin Department of Transportation plans to expand a 3.5-mile segment of the Interstate 94 East-West Freeway corridor in Milwaukee. Many residents have pushed back, arguing it would benefit suburban commuters at the expense of Milwaukee residents. (Jonmaesha Beltran / Wisconsin Watch)

“It is frustrating, because they acknowledge there’s pollution, they acknowledge that there’s a litany of different things they can do to minimize that — or ameliorate those impacts, but they don’t commit to anything,” she said. 

Milwaukee has strict local rules for minimizing runoff from new projects and redevelopments, but the I-94 expansion, as a state project, isn’t bound by them, Nenn added. That includes a rule that developments above a certain size can’t generate additional runoff. 

“There’s been a lot of really serious work to deal with flood management in the watershed, and that work continues,” Nenn said. “This type of a project is going to make it harder for us to achieve our goals for clean rivers.”

Milwaukee seeks to address stormwater runoff 

The sewerage district has poured hundreds of millions of dollars into flood control along  watersheds, with a goal of reducing sewage overflows and basement backups to zero by 2035. That includes along the Menomonee River, which runs parallel to I-94 before turning south and crossing beneath the highway at Valley Park. The Wisconsin Department of Natural Resources lists the river as “impaired” due to its high levels of phosphorus, E. coli, polychlorinated biphenyls and other issues. 

The district saw more than 2.1 billion gallons of wastewater discharged in 2020 alone, data show. And a single overflow in 2022 released 750 million gallons of untreated wastewater into local waters. But those volumes remain far below the billions of annual gallons discharged in past decades, including when residents of The Valley and surrounding neighborhoods faced disastrous flooding.   

Peggy Falsetti, 75, has lived in The Valley for 48 years and recalls a time when children would play in standing water as the Menomonee River surged over its banks. 

Ann Bowe, center, speaks with young volunteers about upcoming plans for cleaning up Valley Park in Milwaukee’s Near West Side. Bowe, the park’s volunteer master naturalist, worries about how the planned $1.2 billion widening of a stretch of Interstate 94 will affect neighborhood children. (Pat A. Robinson for Wisconsin Watch)

“I remember waking up one morning and the water was all the way up to 39th Street,” she said.

After flooding in 1997 and 1998 damaged about 130 homes around The Valley, the sewerage district spent $12 million to build Valley Park. The department constructed a levee and floodwall where the park meets the Menomonee to protect local homes — one of several projects to curb the Menomonee’s flooding. 

Residents say the Valley Park project has worked to limit runoff. But they worry that widening the highway that looms overhead will reverse some of that progress. No one in the neighborhood will lose their home to the I-94 widening, but the roadway will grow closer to where residents live and play.

Neighborhood concerns about the project stretch beyond flooding. 

While taking a break from guiding neighborhood children through their park upkeep duties, Valley Park’s volunteer master naturalist, Ann Bowe, worried about how the expansion will affect the health of local children. Living near highways — and pollution from cars — can worsen heart and lung disease in kids and teens, according to the American Lung Association. 

“It’s bad enough that we have the freeways that we have here,” Bowe said, gesturing to the road. “But why are we going to spend, what, five years probably building more?”

Milwaukee residents fear more flooding due to planned I-94 expansion   is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Oshkosh police cite ‘Marsy’s Law’ to withhold names of officers who shot suspects https://wisconsinwatch.org/2023/08/oshkosh-police-marsys-law-withhold-names-of-officers-who-shot-suspects/ Tue, 08 Aug 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1281272

Some police agencies across the country have used the voter-approved constitutional amendment that broadens victim privacy to shield officers who use force.

Oshkosh police cite ‘Marsy’s Law’ to withhold names of officers who shot suspects is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup.

An Oshkosh police officer shot and wounded a suicidal 34-year-old man two blocks from the man’s house this summer after authorities say he pointed a hunting rifle at them.

Benson Thao’s identity was splashed in news stories across the region in the weeks after the June 29 shooting, in which the Winnebago County district attorney announced the police officer was legally justified in firing his service rifle.

Yet the identity of the officer and some of the others involved in the incident remain withheld from the public — even in court documents.

Oshkosh police shot and wounded a suicidal man with a hunting rifle at a public dock. The officers who used force had their names withheld in charging documents and redacted from the district attorney’s legal memo that justified their actions.

The reason for breaking a longstanding norm in Wisconsin law enforcement transparency?

Police and prosecutors say the officers were victims for having a gun pointed at them and Marsy’s Law, a constitutional amendment passed by voters in 2020 to protect victims’ privacy rights, includes law enforcement.

It’s the latest example of a national trend in which more than a dozen states have passed nearly identical amendments leading some law enforcement agencies to withhold identities of witnesses and officers in police shootings, a practice civil liberties advocates say erodes police accountability. 

In Columbus, Ohio, police officers involved in fatal shootings have had their identities withheld and even their faces obscured in edited body camera footage released after city attorneys cited privacy for police officers under Marsy’s Law. 

In Florida, the state’s highest court is weighing a legal challenge brought by the police union to prevent the city from releasing the names of officers who shot and killed suspects, arguing the officers are victims and should be afforded privacy. 

Civil libertarians point to similar episodes in South Dakota and North Dakota that were reported before Wisconsin voters approved Marsy’s Law at the urging of a lobbying effort funded almost entirely by a tech billionaire.

DAs diverge on release of key information

Portage County District Attorney Cass Cousins. (Courtesy of Portage County District Attorney’s office)

A similar nonfatal shooting by Stevens Point police in April played out quite differently than the Oshkosh incident. Police shot and wounded an armed man after he allegedly opened fire on officers who had surrounded him in his home’s detached garage. 

Initially, the names of the police officers were withheld in charging documents against Nicholas E. Meyer, the wounded 41-year-old who faces attempted murder charges.

But Portage County District Attorney Cass Cousins released the names of the two officers — Alexander Beach and Zachary Gartmann — in a press release announcing that he had cleared their use of deadly force.

“There is nothing specifically in the statute that says these names must be kept confidential,” Cousins told Wisconsin Watch. “I think there’s always gonna be a tension between transparency and victim rights.”

Sometimes the names of police officers are released while the investigation is underway.

In Grand Chute, town police Lt. Russ Blahnik was named less than 24 hours after he shot a 34-year-old fugitive twice in the leg on Aug. 1. The Outagamie Sheriff’s Office said Pierce Don Lee Folkerts ignored commands to drop what later proved to be a replica pistol after leading police on a foot chase through an apartment complex. He’s expected to survive.

Uncertainty in applying Marsy’s Law

The difference in disclosure standards can be traced to uncertainty among police and prosecutors on how to fairly apply Marsy’s Law — a constitutional amendment approved by nearly 75% of Wisconsin voters that broadens the definition of a crime victim and strengthens privacy protections that critics say comes at the expense of the rights of criminal defendants.

Oshkosh Police Chief Dean Smith said voters have made clear they want victims of crime, including police officers who shoot suspects, to have their privacy protected. (Joe Sienkiewicz / Oshkosh Northwestern/USA TODAY NETWORK-Wisconsin)

Oshkosh Police Chief Dean Smith said law enforcement officials are keeping with a national trend to afford more privacy to victims — including their own police officers acting in the line of duty.

“The voters have said this is what they want,” Smith told Wisconsin Watch. “And this is a piece of that.”

But civil rights groups argue the constitutional amendment question on the ballot was simplistic and didn’t fully explain the implications of the law. 

“Who in their right mind would be opposed to expanding victims rights?” said Margo Kirchner, executive director of the Wisconsin Justice Initiative, a public interest lawyer group that unsuccessfully challenged the constitutional amendment in court. “And that one question just leaves out so much information on what it does to defendants’ rights, what it does to the rights of the public to know about police shootings.”

Wisconsin’s constitutional amendment made it through the Republican-controlled Legislature with bipartisan support including an endorsement from Democratic Attorney General Josh Kaul. The 64-word question went to voters with no mention of changing standards for transparency in police shootings.

A foreseeable problem

Critics in the legal community say the complications created by Marsy’s Law were clear but crime victims’ rights are an untouchable third rail in politics.

“A lot of people knew that this was a problem coming,” said Ed Fallone, an associate law professor at Marquette University Law School who ran unsuccessfully for Wisconsin Supreme Court in 2013 and 2020. “And unfortunately, if you were an elected official or candidate for office, like myself, the smart thing to do from a vote-getting standpoint was to just keep your mouth shut.”

Oshkosh’s police chief pointed to the Winnebago County district attorney’s decision to withhold the names of the officers in deference to privacy concerns under Marsy’s Law. Still, he admitted it can cause frustration among some members of the public.

“This is a difficult thing,” Smith said. “I don’t know if when Marsy’s Law was enshrined within our Constitution, if there was a consideration of all the areas that this could touch.”

Winnebago County District Attorney Eric Sparr — a longtime prosecutor who began his career in the office in 2005 — said other than juveniles or victims of certain sensitive offenses like rape or domestic violence, it has long been standard for prosecutors to identify police, suspects and even witnesses in court filings.

“Once Marsy’s Law hit, we shifted right away and pulled all victim names from public documents,” Sparr told Wisconsin Watch.

That can include police officers that deploy lethal force. Sparr said he understands public concerns about loss of transparency but it’s a tough call and local prosecutors are left trying to interpret victims’ privacy rights, which he says are “annoyingly poorly defined” and left up to interpretation.

“There’s not a lot of guidance as far as implementation,” Sparr said. “Department of Justice has made some efforts to interpret and share their interpretations so there can be as much uniformity as possible around the state, but it’s just inherently difficult when the language and the amendment was really very general.”

The state Department of Justice referred Wisconsin Watch to a 2021 advisory from its Office of Open Government that discusses balancing victims’ privacy requirements with disclosure responsibility under the public records laws.

“Authorities cannot create a bright-line rule or policy to withhold all victim records and information,” it said. “Authorities must still apply the public records law balancing test to each and every record, on a case-by-case basis, to determine whether to release the records or information.”

Kaul declined to comment. But he did release a statement this spring on the third anniversary of the constitutional amendment.

“Ensuring that the rights of crime victims are respected both makes Wisconsin safer and is an important part of achieving justice,” Kaul wrote in a statement posted on the Marsy’s Law for All foundation’s website. “I’m proud of the excellent work the Wisconsin Department of Justice does to stand up for victims in Wisconsin.”

The department’s Division of Criminal Investigation (DCI) investigates many police shootings in response to a 2014 law requiring outside agencies to assist such investigations. It continues to release the names of police officers in case files posted on its website.

But it has allowed local authorities to interpret the complex and competing responsibilities. In the case of the Oshkosh police shooting, it deferred to that city’s police department’s interpretation of officer privacy in a press release.

Fallone, who chaired the Milwaukee Fire and Police Commission for two years until stepping down in July, said Marsy’s Law allows some police departments to backslide on transparency.

“It’s in the eye of the beholder,” Fallone said. “And I’m not surprised that some police departments and prosecutors define the victimhood of police broadly and other departments define it narrowly.”

Marsy’s Law doesn’t shield disclosure in Milwaukee

In Milwaukee, only one of the officers in a pair of police shootings on Cinco de Mayo that wounded two people has been identified in public documents. Milwaukee Police Officer Andrew L. Langer’s last name was included in charging documents against a teenager who allegedly fired an illegally modified pistol that fired rapidly like a machine gun.

Milwaukee police officials confirmed there is only one Langer on the force. He was also one of at least nine officers named in a lawsuit brought by a man who was clubbed, pepper sprayed and tased by several Milwaukee officers in a violent 2018 confrontation in which he fought off several officers. The incident attracted significant publicity and public scrutiny after being captured by bystanders and recorded on police body cameras.

The Milwaukee Common Council recently paid a $175,000 settlement after the civilian sued alleging excessive police force.

A Milwaukee Police Department spokesperson said it doesn’t publicly release the names of officers involved in shootings. But Fallone credits its police chief for not interpreting Marsy’s Law as a barrier against disclosure of officers in court records, public records requests or by members of the police commission. 

He said it’s important that the identities of officers involved in use of force be known so they can later be held accountable — which doesn’t always happen.

“Residents are still upset about officers who have kind of moved around and never really faced any consequences for their actions,” he said.

No charges were filed in an unrelated Cinco de Mayo shooting after the Milwaukee County District Attorney’s investigation found a 22-year-old Greenfield resident — whose name was not released — had been defending himself in a chaotic scene in which he exchanged gunfire with subjects in a car and legally owned the weapon.

The district attorney said MPD’s use of force remains under investigation in both May 5 nonfatal shootings. But in cases that aren’t prosecuted it remains unclear whether an officer’s name would be released.

Winnebago County District Attorney Eric Sparr, photographed in his Oshkosh office on July 18, 2023, has agreed with Oshkosh police not to release the names of officers involved in recent police use of force incidents, citing the victim rights protections in Marsy’s Law. (Jacob Resneck / Wisconsin Watch)

Winnebago DA: Police aren’t automatically victims

In Shawano County in 2022, a police officer shot and killed 46-year-old Lucas Christenson in his home after he threatened his wife and her son with a shotgun. Shawano Police Officer Jeff Buettner fired 11 times — striking Christenson twice — as the man trained the gun on his wife and then aimed it at the officer.

Sparr conducted the legal review of the death of Christenson — who had mounted an independent challenge for county sheriff in 2014 — in response to a request by the Shawano County district attorney.

The sheriff’s office — which investigated the shooting in conjunction with state investigators — didn’t directly release the name of the police officer but did release Sparr’s full report, which identified everyone in the Nov. 19, 2022, incident aside from the dead man’s wife.

“We do a memo to law enforcement that does have those names,” Sparr said. “What they choose to do with that, ultimately is up to them.”

The decision to publicly name the officer who fired the deadly shots in that report contrasts with the recent withholding of key officer names involved in nonfatal police shootings in Oshkosh. 

Sparr said it’s a judgment call he has to make on a case-by-case basis.

“I don’t know if we were ever truly faced with the question explicitly of whether that officer or those officers were victims,” Sparr said. 

He said the person whose life was most threatened in that incident was the man’s estranged wife — whose name was withheld — not responding officers.

“The main person at least who was endangered in that one was someone else, not law enforcement,” Sparr added. “And so I guess I wasn’t, in that case, really thinking of them as victims.”

In another incident from this year, an Oshkosh police officer fired on a wanted suspect as he allegedly drove a car toward the officer. In that case the officer’s name remains blacked out in a legal memo and withheld in charging documents obtained by Wisconsin Watch.

Montrael Clark, the 44-year-old suspect who survived a gunshot to the forehead is identified in charging documents and faces felony charges of reckless endangerment.

An Oshkosh police officer that shot a man in the head after he allegedly drove toward officers is identified as “Victim 2” in charging documents. In both shootings, Oshkosh police have not released body camera footage cited by the district attorney to justify deadly force.

If the case goes to trial, the facts of the case will be presented to a jury.

“And then clearly, names are coming out, people have to testify,” Sparr said. “There’s no way around it at that point.”

Fallone said taking police officers’ claim of victim privacy to the extreme, means normal scrutiny is made difficult.

“The day-to-day work of being a police officer could pretty much be construed by some in their own opinion as falling under Marsy’s Law,” Fallone said, “which makes any sort of public oversight and transparency and even some cases of discipline, quite difficult.”

In Dane County, the district attorney’s office hasn’t named officers in two recent press releases announcing it had ruled their use of force justified. But their names were released by the state DCI whose agents investigated the shootings.

The last time District Attorney Ismael Ozanne named officers who used force was in a March 2022 press release clearing Madison police officers who had tased a suicidal man in November 2021 after he shot himself with his own gun.

Ozanne did not respond to requests for comment about his office’s policy. 

Background to constitutional amendment

Marsy’s Law has been approved by voters in ballot measures in at least 14 states, though it has been overturned in Montana and Pennsylvania over questions of its conflict with the U.S. Constitution.

The movement to adopt the constitutional amendment was self-funded by tech billionaire Henry Nicholas III. The law is named after his sister who was killed by an ex-boyfriend in the early 1980s. 

In 2020 Wisconsin became the latest state to enshrine the law in its constitution after a $1.5 million legislative lobbying effort that at one point employed five registered lobbyists. 

Marsy’s Law for Wisconsin — which was funded entirely by Nicholas’ national organization — spent nearly $4.5 million to sway voters to support the constitutional amendment.

Wisconsin Justice Initiative tried to organize opposition but was outspent by a ballot measure that enjoyed support from both major parties.

“They had this single issue and a lot of money,” Kirchner recalled from the 2020 campaign. “They had ads on the air telling people to vote yes, there was nobody in response who could afford television ads.”

A legal challenge claimed that the ballot question was too simplistic. When the group won in Dane County Circuit Court, Wisconsin Justice Initiative publicly urged Kaul not to defend the amendment considering the well-publicized challenges in implementing it in other states.

“They could have decided to not appeal and just let Marsy’s Law fall — and they chose not to,” she said. “So Josh Kaul’s office chose to fight for the validity of the amendment.”

The Wisconsin Supreme Court ultimately decided to uphold Marsy’s Law. But the 6-1 decision was fractured with five separate decisions applying different legal reasoning. For now it’s the law of the land with the criminal justice system left to sort it out.

The 64-word ballot question to amend the Wisconsin State Constitution to add victim rights made no mention of its effect on police transparency in cases where law enforcement officers claim privacy rights as crime victims. The Wisconsin Supreme Court voted 6-1 to uphold the amendment after a lower court ruled the question was too vague.

Legal challenges to Marsy’s Law continue

There is another challenge pending in the Court of Appeals, including a contempt order against a prosecutor who allowed both victims to hear each other’s testimony in a battery case. Courts routinely sequester witnesses so their testimony can’t be influenced by others, but Marsy’s Law guarantees victims the right to attend every hearing and stage of a trial.

Marsy’s Law for Wisconsin’s state director Nela Kalpic said since 2020 there have been multiple incidents where law enforcement fired shots and the names of those officers have been released. She said she was not familiar with the Winnebago County examples, but acknowledged a potential need to clarify how the law should be fairly applied.

“It is appropriate going forward that state and local policymakers and courts work out the application of the law over time,” she said.

For critics like Fallone, the two-time Supreme Court candidate, the constitutional amendment that “sailed through with minimal scrutiny” has left just these sorts of complexities for the criminal justice system to untangle. It won’t be easy.

“Once you amend the Constitution to put something in there,” he said, “you kind of have to live with it.”

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

Oshkosh police cite ‘Marsy’s Law’ to withhold names of officers who shot suspects is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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How alcoholism derailed former Wisconsin running back Montee Ball’s football career https://wisconsinwatch.org/2023/08/how-alcoholism-derailed-former-wisconsin-running-back-montee-balls-football-career/ Thu, 03 Aug 2023 15:13:14 +0000 https://wisconsinwatch.org/?p=1281053

The former Badger offers a cautionary tale to University of Wisconsin-Madison students about the dangers of booze.

How alcoholism derailed former Wisconsin running back Montee Ball’s football career is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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At the peak of his powers, Montee Ball was a star running back for the Wisconsin Badgers; a Heisman finalist in 2011 who was setting records and getting drafted by the Denver Broncos. Yet, along the way, Ball succumbed to a vice all too familiar to Wisconsin: alcohol. 

Ball got cut from the Broncos and then the Patriots and was arrested for domestic violence driven by his alcoholism. Since reaching those lows, Ball has published a memoir and worked in alcohol-addiction support and outreach programs. He visited his alma mater in March to speak to current Badgers. 

Ball was introduced to football at an early age. Football took a toll on his body, which meant turning to alcohol at an early age. 

“There is this medication out there that will help me to relieve some stress. That’s when the seed was planted, right there in high school,” Ball said.

Ball’s collegiate career brought him and his family to Wisconsin, home to a drinking culture that was tough to fight. 

“The drinking culture here was a cultural shock. We all know where this school is ranked when it comes to partying. Coming onto campus wide eyed, ready to hit the ground running, I did not prepare for those stressors,” Ball said.

The warning signs appeared in his time at the University of Wisconsin-Madison, but Ball neglected them. 

“It was very difficult to see those red flags because I was still having success on the field,” he said.  He covered up his alcoholism by jogging extra miles and skipping meals to prevent noticeable weight gain from consuming alcohol.  

After his storied four-year career as a Badger, Ball’s family was thrilled when the Broncos drafted him in 2013

However, Ball continued to conceal his alcoholism as a professional, sometimes entering training facilities early to shower and use the steam room to rid himself of the smell of alcohol. 

“Just unfortunate that that plan didn’t become a red flag for me in the moment,” he said. “I literally would never sacrifice the bottle for my dream, and I lost my dream.” 

University of Wisconsin running back Montee Ball is shown on November 17, 2012 on Senior Day, his last game in Madison, Wis. (Bflbarlow via Wikimedia Commons, Creative Commons Attribution-Share Alike 3.0)

By 2015, the Broncos cut him from their squad. He joined the New England Patriots’ training squad, but the Patriots released during a dark turn in his life. In February 2016, Ball was arrested after his girlfriend told police he had drunkenly thrown her across their Madison hotel room. A  previous girlfriend later told police that Ball had assaulted her two years earlier. 

Ball said he spent three days in jail while the Broncos beat the Carolina Panthers in Super Bowl 50. An inmate pointed out during the game the life he had thrown away, and Ball could no longer mask his emotions. “I turned around and faced the wall, and I started crying,” he said.

After pleading guilty to two charges of disorderly conduct and one charge of battery, Ball was sentenced to 60 days in jail and 18 months in probation. He was released on bail but later found guilty of bail jumping in Whitewater as he visited a bar when his bail conditions prohibited it.

Ball said his life changed with the birth of his son Maverick. He realized how his actions would directly affect another person. Ball said his parents encouraged him to join therapy. He stressed the importance of acceptance and therapy to the audience. Taking these steps and making these realizations propelled Ball to sobriety and stability.

How alcoholism derailed former Wisconsin running back Montee Ball’s football career is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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1281053
Wisconsin’s ‘death grip with alcohol’ is killing more residents       https://wisconsinwatch.org/2023/08/wisconsins-death-grip-with-alcohol-is-killing-more-residents/ Thu, 03 Aug 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1281052

Excessive alcohol use is taking a heavy toll in a state that celebrates its drinking culture.

Wisconsin’s ‘death grip with alcohol’ is killing more residents       is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Blanketing the wall of an American-style dive bar in Prague: the Milwaukee Brewers, the Tavern League of Wisconsin and the iconic phrase “Drink Wisconsibly.”

Not only does Wisconsin consistently rank among the U.S. states with the highest excessive drinking rates, its high alcohol consumption draws global recognition. 

While many Wisconsinites take pride in this reputation, alcohol is taking lives at unprecedented rates in the state.

In 2020, Wisconsinites died from alcohol-induced causes at a rate nearly 25% higher than the national rate. The rate tripled from 6.7 to 18.5 per 100,000 from 1999 to 2020.

Wisconsin is “locked in this weird death grip with alcohol,” said John Eich, director of the Wisconsin Office of Rural Health. “There’s a cultural level of acceptance of excessive drinking.”

Despite challenges, some are pushing back against permissive drinking laws and culture.   

After a drunk driver killed her son in 2018, Sheila Lockwood started lobbying to reform laws in Illinois, Iowa and Wisconsin. 

“I don’t know what else to do with the pain other than trying to change something,” Lockwood said. “If I can help somebody from going through this, then you just turn your pain into some sort of change.”

Binge drinking inflicts most harm

About 65% of Wisconsin’s adults reported having at least one drink over the previous 30 days — far above the 55% national estimate, according to 2019 federal survey data

But binge drinking inflicts most alcohol-related harm, said Maureen Busalacchi, director of the Wisconsin Alcohol Policy Project, part of the Comprehensive Injury Center at the Medical College of Wisconsin. Binge drinking consists of four to five alcohol servings over two hours. Any alcohol consumed by underaged and pregnant people is excessive, and heavy drinking involves one to two drinks daily, Busalacchi said. 

Maureen Busalacchi, director of the Wisconsin Alcohol Policy Project, gives a presentation at the Wisconsin Public Health Association conference in Middleton, Wis., on May 25, 2023. Focusing solely on individuals rather than communities won’t address the full scope of Wisconsin’s alcohol problem, Busalacchi says. (Coburn Dukehart / Wisconsin Watch)

“While it doesn’t sound like a lot, it definitely raises your risk for all kinds of issues, including cancer, and if you need to drink every day, you probably should talk to somebody,” Busalacchi said. 

About one-third of Wisconsin adults in 2019 reported binge drinking in the previous month, more than any state except for North Dakota.

That thirst has proved deadly. 

Wisconsin experienced 1,077 alcohol-induced deaths in 2020, up from 865 in 2019, a Wisconsin Policy Forum report found. The tally included deaths from poisoning and certain liver, digestive and neurological diseases. It excluded accidents, falls, cancers and suicide. The nearly 25% increase was the biggest one-year jump in two decades. 

Alcohol death trends predated pandemic

The COVID-19 pandemic may have fueled the deadly trend, as people already facing an alcohol use disorder stayed home and drank more, Busalacchi suggested. 

“Maybe health care wasn’t accessible. We’re not sure of all the reasons,” she said. 

But alcohol killed a growing number of Wisconsinites even before the pandemic. From 2000 to 2010, statewide alcohol-induced deaths increased by nearly 27% before more than doubling over the next decade. Nearly two-thirds of the 2010-to-2020 surge predated the pandemic, according to the Wisconsin Policy Forum.  

All age groups experienced more alcohol-induced deaths over the time period. 

Meanwhile, liver disease has increasingly affected younger people, particularly women.

“Normally that was a disease in your 50s and 60s, but we’re seeing it in women in their 30s because of the high-intensity drinking,” Busalacchi said. 

The Wisconsin Policy Forum report highlighted racial disparities in deaths. The alcohol-related death rate for Black Wisconsinites has surged in the last decade. Despite a slight reduction in 2020, the death rate of 15.6 per 100,000 remained among the highest nationwide. American Indian or Alaska Natives in Wisconsin died at a far higher rate than any other race in 2020:  66 per 100,000 people.  

Those figures exclude motor vehicle accidents, where alcohol can factor heavily. 

While Wisconsin has seen a long-term decline in deaths related to drunk driving, a separate Wisconsin Policy Forum report found a near 50% increase — from 52 to 78 — in alcohol-involved crash fatalities during the study period in 2020, relative to 2019. More impaired and reckless driving during the pandemic helped drive the trend, researchers said.  

As of May 1, alcohol was involved in at least 10 of 16 fatal snowmobile crashes in 2023, according to the Wisconsin Department of Natural Resources

County health departments typically rank alcohol abuse in their top three priorities, Busalacchi said.  But initiatives to address the problem remain underfunded. 

The Wisconsin Department of Health Services lacks designated alcohol subject matter experts, says Maggie Northrop, the agency’s Healthy Wisconsin coordinator.

“In Wisconsin, we seem to give up and chuckle at those drunks,” said Eich of the state Office of Rural Health. 

Fury over drunk driving fuels action

The advocacy nonprofit Mothers Against Drunk Driving wants Wisconsin to join 45 other states in a Driver License Compact — helping states exchange data related to license suspensions and traffic violations. Wisconsin’s lack of membership may allow people who drive drunk outside of their home state to face fewer consequences. 

In 2018, Austin Lockwood, 23, was riding in the passenger seat of Eric Labahn’s Chevy Trailblazer in Three Lakes, Wisconsin, where Lockwood was helping Labahn, an Illinois resident, clean a cabin. 

Labahn, who had just turned 21, told police he swerved to avoid a deer before smashing into a tree, killing Lockwood. 

Labahn survived and refused a blood test at the scene, according to media reports. A test hours later showed a blood alcohol concentration of .117, well above the legal limit of .08. 

Labahn faced charges in Wisconsin of homicide by intoxicated use of a vehicle but kept legally driving for a year and a half after the crash.

Since Wisconsin is not in the Driver’s License Compact, Illinois officials were not alerted of the crash and did not suspend his license. 

Labahn surrendered his Illinois license several months later and moved to Wisconsin, which granted him a license, allowing him to drive legally while the case was still pending. 

Wisconsin law requires a one-year license suspension for drivers who refuse a blood alcohol test, but it gave Labahn the right to a hearing on the suspension — and to keep his license ahead of that hearing, which faced delays tied to the homicide case. 

Sheila Lockwood meets with state Rep. Ellen Schutt, R-Clinton, at the Wisconsin State Capitol in Madison, Wis., on April 19, 2023. Lockwood volunteers for Mothers Against Drunk Driving, calling for legislation that aims to limit drunk driving deaths. (Drake White-Bergey / Wisconsin Watch)

“It’s infuriating,” Sheila Lockwood said. “He had no consequences for a year and a half. He went out and partied. He went to Cubs games. He was celebrating his college graduation. And our lives are literally destroyed.”

In October 2019, the driver Eric Labahn was sentenced to three years of initial prison confinement with four additional years of extended supervision. Lockwood believes her efforts to raise awareness — yielding more than 80 victim impact letters sent to the judge — led to the steeper penalty than what the state recommended. 

A month later, Lockwood joined Gov. Tony Evers as he signed Wisconsin Act 31, establishing a mandatory minimum five-year sentence for those convicted of homicide by intoxicated use of a vehicle. The law allows shorter terms “if the court finds a compelling reason and places its reason on the record.” 

Lockwood pushed for a heavier penalty against Labahn. “But nothing would ever be enough. Because it’ll never bring Austin back.”

Little traction on the state level

Wisconsin remains a national outlier in its lax penalties for intoxicated driving — particularly for first and second-time offenders. 

While most states classify a first Operating While Intoxicated charge as a misdemeanor, for instance, Wisconsin considers it a non-criminal charge without jail or prison penalty. First-time offenders in Wisconsin typically face a fine and a driver’s license revocation for six to nine months. 

The state requires interlocking devices for drivers who refuse to take breathalyzer tests at traffic stops and all repeat offenders. The requirements don’t extend to first-time convicted drivers unless their blood alcohol concentration measures .15 or higher.  

A partygoer carries an 18-pack of Busch Light at the Mifflin Street Block party in Madison, Wis. on April 29, 2023. While many Wisconsinites take pride in the state’s reputation as a drinking haven, alcohol is taking lives at unprecedented rates in the state. (Joey Prestley / Wisconsin Watch)

When ignition interlocks are installed, drivers must blow into the mouthpiece, allowing a device to measure their breath alcohol content. The vehicle will not start if the driver’s alcohol content is above 0.02%, below the 0.08% legal limit for blood alcohol concentration. 

Interlocks reduce repeat drunk driving offenses by about 70% while installed, according to the federal Centers for Disease Control and Prevention.

Mothers Against Drunk Driving has spent years urging Wisconsin lawmakers to extend interlock mandates to all first-time offenders and join 34 states and the District of Columbia that require them for all people convicted of drunk driving.  

Evers, a Democrat, proposed such a change in his 2023-25 budget. The Legislature’s Republican-controlled Joint Committee on Finance removed the provision along with hundreds of others before Evers ultimately signed the budget in July

Most alcoholism goes untreated 

For those seeking help with alcohol addiction? Wisconsin has a shortage of treatment providers, and high costs further limit options, said Busalacchi of the Wisconsin Alcohol Policy Project. 

An estimated 80% of Americans with an alcohol use disorder never receive treatment, and 14% of those who don’t seek help cite cost as a barrier, a Recovery Research Institute study found. The most common reason for avoiding treatment: The thinking that “I should be strong enough to handle it on my own.”

The Department of Health Services in February released a state health improvement plan focused on building community-based solutions rather than an individualistic approach. It includes addressing issues that fall outside of the typical domain of public health agencies, such as access to housing, childcare and other resources. Busalacchi said a community approach could help tackle Wisconsin’s alcohol problems. 

Seeking solutions

An example is Operation River Watch, formed to monitor Riverside Park in La Crosse after eight college students between 1997 and 2006 were found to have drowned in the Mississippi River after excessive drinking. Volunteers have prevented further drownings by making sure people don’t enter the park at late hours on Thursday, Friday and Saturday nights. 

The CDC’s community-based recommendations to reduce alcohol consumption include taxing alcohol, limiting the density of alcohol outlets through zoning or licensing policies, using liability laws to prevent sales to underage people and limiting liquor store hours.

Focusing solely on individuals rather than communities won’t address the full scope of Wisconsin’s alcohol problem, Busalacchi said. 

“Population-level approaches work best versus only doing individual things,” she said. “You kind of have to do both, right?”

Wisconsin Watch’s Rachel Hale contributed reporting to this story.

Find treatment for alcohol addiction in Wisconsin 

The Wisconsin Department of Health Services sponsors a Wisconsin Addiction Recovery Helpline, which offers free, confidential, statewide resources for finding substance abuse treatment and recovery services. Call the helpline toll free at 1-833-944-4673. Or dial 2-1-1 or visit 211wisconsin.communityos.org/ for more information. Specialists can refer people to local screening resources to determine next steps. Some people may qualify for treatment vouchers.

A Mental Health America of Wisconsin searchable database can be filtered to show resources related to drug and alcohol recovery. 

Editor’s note: This resource list has been updated.

Wisconsin’s ‘death grip with alcohol’ is killing more residents       is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Hot pursuit: Milwaukee police chases now top 1,000 per year. Some prove deadly. https://wisconsinwatch.org/2023/08/milwaukee-police-chase-pursuit-some-deadly/ Wed, 02 Aug 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1281160

Milwaukee sees a surge in police pursuits in years since loosening policy to target reckless drivers. Critics say the trend makes streets more dangerous.

Hot pursuit: Milwaukee police chases now top 1,000 per year. Some prove deadly. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Click here to read highlights from the story.
  • Milwaukee has seen a 20-fold surge of police chases in the years since it loosened restrictions for pursuits to catch more reckless drivers — reaching nearly three per day in 2022, police department data show. 
  • More pursuits mean more chances of injuries to fleeing suspects, officers and other responders and third parties who become unwittingly involved.
  • From 2007 to 2022 in Milwaukee, fleeing suspects were injured in 13% of pursuits, followed by third parties (4%) and officers (1%).
  • The Milwaukee Police Department says it was important to loosen pursuit rules to catch more reckless drivers. Safety advocates argue the change made streets more dangerous. 
  • The Madison Police Department logged just 20 pursuits in 2022 under a stricter policy, about 2% of Milwaukee’s count.

Correction: A previous version of this story included an incorrect figure for the number of fatal Milwaukee police pursuits in 2023 and incorrect percentages of pursuits ending in injuries from 2007 to 2022.

At 1:06 a.m. on Aug. 1, 2019, Le’Quon McCoy was driving through a North Side Milwaukee intersection when the driver of a stolen Buick Encore ran a flashing red light and crashed into McCoy’s Jeep Renegade. 

The speeding driver, who was fleeing police, hit McCoy’s Jeep so hard that it bounced off a tree on one side of the road and into a parked car on the other side. McCoy, 19, died at the scene.

“He got off work around like 9 or 10 at night. He stopped here to see me,” his mother, Antoinette Broomfield recalled. “He told me he would be to see me the next day, and he was going to drop a friend off at home. And that’s the last time I heard from him.”

The death of McCoy — described as a warm, outgoing, “big teddy bear” with many friends — inflicted a still-unhealed wound, Broomfield said. 

A court sentenced Aaron Fitzgerald, the driver of the stolen Buick, to 10 years in prison and eight years of extended supervision related to McCoy’s death.

But Broomfield’s quest for accountability didn’t end there. She’s suing the city of Milwaukee and four officers who pursued Fitzgerald. Broomfield, whose attorney was present while she spoke to Wisconsin Watch and WPR, said the officers could have averted the tragedy by calling off a high-speed pursuit that spanned residential and commercial streets. 

Broomfield’s lawsuit, filed in March 2022, comes during a 20-fold surge of police chases in the years since Milwaukee loosened restrictions for pursuits — reaching an average of nearly three per day in 2022, according to Milwaukee Police Department records. 

Photos of Le’Quon McCoy rest on the coffee table at Antoinette Broomfield’s apartment in Milwaukee on July 25, 2023. McCoy — described as a warm, outgoing, “big teddy bear” with many friends — was hit and killed by a driver fleeing Milwaukee police in a stolen vehicle in August 2019. His mother says police could have averted the tragedy. (Kayla Wolf for Wisconsin Watch)

The department engaged in 1,028 chases in 2022, up from 50 in 2012, according to data provided through an open records request. The 2021 tally was even higher: 1,078. It eclipsed all years since at least 2002, according to a 2019 Milwaukee Fire and Police Commission report.

The trend unfolds as Milwaukee grapples with a spike of reckless and deadly driving

More pursuits mean more chances of injuries to fleeing suspects, officers and other responders and third parties like McCoy who become unwittingly involved.

In 2022, for example, 132 pursuits injured at least one suspect, and 36 pursuits resulted in at least one third-party injury, data show. Officers faced injuries in five pursuits.

During more than 6,600 pursuits from 2007 to 2022, fleeing suspects were injured in 13% of pursuits, followed by third parties (4%) and officers (1%), according to an analysis of the 2019 Fire and Police Commission report and other data obtained by Wisconsin Watch and WPR. 

The toll of Milwaukee pursuits hasn’t ebbed this year. Four this year were recorded as fatal through June 26, the data show.

“There are good reasons not to permit the escape of dangerous criminals,” Broomfield’s lawsuit says. “But sometimes it is preferable to simply prolonging the danger to innocent motorists and pedestrians that occurs if a pursuit is not terminated.”

Milwaukee police pursuit data incomplete

Milwaukee’s full count of police pursuit casualties is unclear.

For example, although three people died last year when a pursued Toyota Avalon plunged off a bridge and erupted into flames, police records for that crash say it ended in “subject injury,” “violator death” and “third party injury.” One woman was hit and injured as the driver fled police, according to media reports.

Also not logged in the Fire and Police Commission report: instances of injuries occurring just after a pursuit was canceled.

Official police records often paint an incomplete picture of the impact of pursuits, said Jonathan Farris, chief advocate for the Wisconsin-based Pursuit for Change, which seeks to limit police pursuit casualties. Farris lost his son in 2007 when a driver fleeing a Massachusetts State Police trooper crashed into a cab his son was in, killing him and the cab driver.

Milwaukee has seen a 20-fold surge of police chases in the years since it loosened restrictions for pursuits — reaching an average of nearly three per day in 2022, according to Milwaukee Police Department records. Here, a police cruiser drives in the Amani neighborhood on Milwaukee’s North Side in 2018. (Edgar Mendez / Milwaukee Neighborhood News Service)

Farris points to a 2015 USA Today investigation that found the National Highway Traffic Safety Administration significantly undercounted police pursuit deaths over several decades.

“Most of us who have been following this for a fair number of years have seen more than enough examples of pursuits that were not logged,” Farris said.

Milwaukee tightens, then loosens pursuit policy

The Milwaukee Police Department cites a nationwide surge in deadly driving as one of several factors leading to more police pursuits. Milwaukee’s loosened restrictions on pursuits have permitted officers to crack down on reckless driving and vehicle-based crimes in recent years, said Inspector Craig Sarnow, who has spent much of his 24-year department career in roles that monitor and investigate pursuits.  

“I can recall back to my time as a patrol sergeant, when the policy was more restrictive,” he said. “We used to have individuals that would try to bait Milwaukee police officers into getting into pursuits knowing full well that we couldn’t because our policy was so restrictive.”

But safety advocates say Milwaukee’s previous, more restrictive policy — adopted in 2010 under then-Chief Edward Flynn following a string of deadly pursuits — made progress that has since been erased. The policy allowed pursuits in narrower scenarios, generally when an officer had probable cause that a violent felony had occurred or was about to occur — or if someone posed a “clear and immediate threat to the safety of others.” 

Police under Flynn’s policy made fewer arrests related to pursuits compared to before the policy was implemented, but they also saw fewer pursuits ending in injuries.

A collage of photos and messages made by family and friends for Le’Quon McCoy’s funeral hangs on the wall at the Milwaukee apartment of Antoinette Broomfield, his mother, on July 25, 2023. McCoy was hit and killed by a driver fleeing Milwaukee police in a stolen vehicle in August 2019. (Kayla Wolf for Wisconsin Watch)

A policy tweak in 2015 allowed police to pursue a vehicle if the vehicle was involved in a violent felony. That change allowed officers to pursue carjacked vehicles. Pursuits more than doubled that year, compared with 2014.

Milwaukee’s Fire and Police Commission in 2017 ordered Flynn to further loosen the policy, allowing pursuits in reckless driving cases, or when a car was linked to drug dealing. Pursuits in 2018 spiked to 940 from 369 the previous year. The number of pursuits ending in officer, suspect and/or third-party injury also swelled, with instances in each category more than tripling.

The public safety risk of pursuing those suspected of nonviolent crimes outweighs the risk from the violation itself, said Mark Priano, a board member with the advocacy nonprofit PursuitSAFETY. He lost his 15-year-old daughter in 2002 after a teenaged driver fleeing police ran a stop sign and struck the family’s minivan; she died a week later after slipping into a coma, according to media reports.

“These pursuit-related deaths or injuries are not accidents,” Priano said. “This was a planned event that could have been controlled.”

Safety advocates point to Milwaukee as an example of the consequences of rolling back a restrictive pursuit policy, said Geoffrey Alpert, a professor of criminology and criminal justice at the University of South Carolina and an expert in high-risk police activities.

“Cops like to chase. It’s exciting. It’s a fun thing to do,” he said. 

Alpert, who also sits on an advisory board for PursuitSAFETY, described the back-and-forth between Flynn and the Fire and Police Commission over pursuit policies and the ensuing surge in pursuit-related injuries as a “horror story.”

Pursuit reform often follows a cyclical pattern, Alpert said: more restrictive pursuit policies following injuries and deaths prove unpopular within police departments, prompting a return to the previous status quo.

Police call alternatives ‘practically impractical’

Companies are pitching to police a range of technologies aiming to reduce risky pursuits. They include high-tech GPS trackers, tire deflation tools and even a grappling device that might appear Batman-inspired — allowing an officer to entangle a fleeing vehicle to decelerate it.  

Milwaukee police in 2016 started attaching GPS tags to certain cars, allowing for tracking in lieu of a pursuit, but that was later discontinued. Neither that nor other methods worked as well as traditional pursuits, the department says. 

An Arizona Department of Public Safety video shows a sergeant successfully deploying the Grappler Police Bumper, netting a vehicle’s rear tires and bringing it to a safe stop on June 10, 2023, as officers responded to reports of vehicles involved in intersection takeovers.

Before the Fire and Police Commission approved the latest version of Milwaukee’s pursuit policy last summer, one commissioner asked if alternatives existed to catch reckless drivers.

Nicholas DeSiato, the police department’s chief of staff, called nearly all alternatives “practically impractical.”

“They can be effective when appropriate, but it also requires incredible coordination and, sometimes, just dumb luck,” he said. “In terms of a hot pursuit, to effectively combat reckless driving, it’s a necessary tool.”

Priano of PursuitSAFETY acknowledged the need for police pursuits in certain situations. He advocates for restricting them to catch violent felony offenders — while finding other ways to deal with other reckless drivers.

As reckless driving persists, Sarnow doesn’t expect new restrictions on pursuits any time soon. But the department remains open to reviewing alternatives. 

“We’d be remiss if we didn’t revisit these things, because things change right?” Sarnow said. “And we have to make sure that we’re staying on the forefront.”

Fewer pursuits in Madison

Madison, Wisconsin’s second largest city, has limited police pursuits as Milwaukee’s number surges. The Madison Police Department logged just 20 pursuits in 2022, about 2% of Milwaukee’s count, records show.

Madison has just under half of Milwaukee’s population and has logged no more than 27 annual police pursuits since 2016, even amid leadership changes and local reckless driving challenges.

Madison police use a stricter pursuit policy than Milwaukee’s: Officers may initiate pursuits only when they have probable cause that a suspect is committing, has just committed or is about to commit a felony —– similar to Milwaukee’s former policy. A sergeant monitors the chase and can call it off. Additionally, officers must follow many traffic rules — including stopping at red lights and stop signs, Madison Police Chief Shon Barnes said.

The department also uses surveillance cameras and tire-deflating spike strips, Barnes said. If a suspect gets away, officers use detective work to locate them. 

Madison Police Chief Shon Barnes says his department’s safety-focused culture leads to fewer high-speed pursuits. Here, he speaks at a press event for the Wisconsin Coalition for Safe Roads inside the Wisconsin State Capitol on Feb. 21, 2023. (Amena Saleh / Wisconsin Watch)

Barnes, who years ago as a rookie drove his police cruiser through a fence and hit a tree during a pursuit on a rainy day (he was uninjured), said his department’s safety-focused culture leads to fewer pursuits.

“Anyone who thinks a pursuit is out of policy or not safe — if you stop that pursuit, no one will say anything about that,” he said. “Because you’re ultimately responsible for what happens with that vehicle.”

Still, Barnes doesn’t fault Milwaukee for pursuing more cars under its looser policy, suggesting that comparing Madison to Milwaukee is not apples to oranges. 

Milwaukee “may have more criminality, and we’re all dealing with the stolen car epidemic,” he said. “I think they’re trying to get a handle on it, just like we all are, and they’re doing what’s best for their community.”

“I wish it was all a dream”

The judge presiding over Broomfield’s suit has put the trial on indefinite hold, as both her attorneys and the city’s attorneys finish preparations. 

“There are police pursuits virtually every day of the week,” U.S. District Judge J.P. Stadtmueller said while presiding over a May pretrial hearing. “To suggest that each and every one of these cases exposes the officers to liability is very much an open question, at least in the mind of this judge.”

While Broomfield awaits the start of the trial, she’s trying to take care of her mental health, with regular trips to see a counselor. She is also getting support from her church congregation. Still, the pain persists.

Antoinette Broomfield looks through photos of her late son Le’Quon McCoy at her apartment in Milwaukee on July 25, 2023. McCoy was driving through a North Side Milwaukee intersection in 2019 when a driver fleeing police in a stolen Buick crashed into his Jeep, killing him. The officers could have averted the tragedy by calling off a high-speed pursuit that spanned residential and commercial streets, Broomfield says. (Kayla Wolf for Wisconsin Watch)

“My husband ended up passing away from stress from a heart attack from just constantly being in pain and worrying about it,” she said. “My daughter, she’s not the same. She’s different. My son, he’s not the same. … Everybody is grieving.”

“Some days, I don’t even want to get out of bed,” she added. “Some days I just wake up and wish it all was a dream.”

Broomfield wants a more restrictive Milwaukee pursuit policy to prevent other families from feeling similar pain.

Her lawsuit isn’t about money, she said, and she also seeks accountability related to the pursuit that killed her son. 

“I know everybody makes mistakes,” she said through tears. “Why couldn’t I even just get an apology that it happened to my child?”

What happens when a police pursuit crosses jurisdictional boundaries? 

How should Wisconsin law enforcement coordinate when an officer chases a fleeing driver from one jurisdiction into another? The answer can be murky, but the scenario isn’t rare.  

A 2018 USA Today Network-Wisconsin investigation found that Milwaukee’s since-loosened restrictions on police pursuits may have fueled police pursuits and reckless driving in surrounding suburbs as fleeing suspects kept driving across jurisdictional lines. Local police departments also share overlapping jurisdictions with sheriff’s offices and the Wisconsin State Patrol, which allows reckless driving pursuits.

Advocates of stricter police pursuit policies are split on whether state or federal lawmakers should standardize rules for all police departments. Wisconsin has broad “model advisory standards” but nothing binding.

Jonathan Farris, chief advocate for the Wisconsin-based Pursuit for Change was consulted when the Madison Police Department tightened its strict pursuit policy several years ago. He said standardizing rules would prevent confusion between departments. 

“But I don’t see that happening,” he added. “Law enforcement doesn’t want it. And they’ve got a very powerful lobby, and they would lobby against that. Legislators don’t want to mess with that.”

Madison Police Chief Shon Barnes opposes the idea.

“I think local control is better,” he said. “I’m paid by the citizens and taxpayers in Madison, so I have to police and work the way they want. The state government, unless it’s a safety issue, really shouldn’t be intervening in that — and I don’t think they want to as well.”

— Jonah Chester

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

Hot pursuit: Milwaukee police chases now top 1,000 per year. Some prove deadly. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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AI is starting to affect our elections. Wisconsin has yet to take action. https://wisconsinwatch.org/2023/07/ai-elections-wisconsin-artificial-intelligence/ Fri, 28 Jul 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1281016

The state of Washington required political ads to disclose if they use artificial intelligence while others banned deepfake technology in the runup to an election.

AI is starting to affect our elections. Wisconsin has yet to take action. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Reading Time: 6 minutes
Click to read highlights from the story:
  • Artificial intelligence is already being used in novel political ways, from a Republican National Committee video showing fictional images of a dystopian future to a Super PAC skirting campaign coordination rules by using an AI version of a presidential candidate to fundraise.
  • Some states, like Washington, are requiring any political ads to label AI-generated images. Others are banning “deepfake” images in the runup to Election Day.
  • Wisconsin lawmakers are expecting to look deeper into regulating AI, but laws may not be in place in time for the 2024 presidential election cycle.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup.

Heading into the 2024 election, Wisconsin faces a new challenge state lawmakers here have so far failed to address: generative artificial intelligence. 

AI can draft a fundraising email or campaign graphics in seconds, no writing or design skills required. Or, as the Republican National Committee showed in April, it can conjure lifelike videos of China invading Taiwan or migrants crossing the U.S. border made entirely of fictional AI-generated footage.

More recently, a Super PAC supporting a Republican presidential candidate’s bid to make the Milwaukee debate stage on Aug. 23 used an AI-generated video of that candidate to fundraise — which one campaign finance expert called an “innovative” way around campaign finance rules that would otherwise ban a Super PAC and candidate from coordinating on an ad.

Technology and election experts say AI’s applications will both “transform” and threaten elections across the United States. And Wisconsin, a gerrymandered battleground that previously weathered baseless claims of election fraud, may face an acute risk.

Yet Wisconsin lawmakers have not taken official steps to regulate use of the technology in campaigning, even as other states and Congress introduce and begin to implement guardrails.

Rep. Scott Krug, R-Nekoosa, chair of the Assembly Committee on Campaigns and Elections, told Wisconsin Watch he hasn’t “related (AI) too much to elections just yet.”

In the Senate’s Committee on Shared Revenue, Elections and Consumer Protection, “it just hasn’t come up yet,” said Sen. Jeff Smith, D-Brunswick.

Election committee members in both chambers expressed interest in possible remedies but doubt that they could pass protections before the next election cycle.

Rep. Clinton Anderson, D-Beloit, is drafting a bill that would mandate disclosure of AI, sometimes called “synthetic media,” in political ads, something experts call a basic step lawmakers could take to regulate the technology.

“If we wait til 2024, it’s gonna be too late,” Anderson said in an interview. “If we can get this minimum thing done, then maybe we can have a conversation about, ‘What’s the next step?’ ” 

“No matter where you fall politically, I think you should want some transparency in campaigns,” he added.

The Wisconsin Elections Commission declined to comment.

The AI threat: ‘Real creepy real fast’

Several lawmakers said AI repackages old problems in new technology, noting voters have encountered deceptive visuals and targeted advertising before. 

But generative AI makes such content cheaper, easier and faster to produce. New York University’s Brennan Center for Justice notes that Russian-affiliated organizations spent more than $1 million a month in 2016 to produce manipulative political ads that could be created today with AI for a fraction of the cost. 

Dietram Scheufele, who studies science communication and technology policy at the University of Wisconsin-Madison, said that while some of the doomsday predictions about AI are overblown, “we’re definitely entering a new world.” 

The technology, he said, “gets real creepy real fast.”

Scheufele cited a prior study in which researchers morphed candidates’ faces with the participant’s own face in a way that remained undetectable to the participant. They found that people who were politically independent or weakly partisan were more likely to prefer the candidates whose faces had been — unbeknownst to them — morphed with their own. 

“This was done a long time ago before the idea of actually doing all of this in real time became a reality,” Scheufele said. But today, “the threshold for producing this stuff is really, really low.” 

Campaigns could micro-target constituents, crafting uniquely persuasive communications or advertisements by tailoring them to a person’s digital footprint or likeness. Darrell West, who studies technology at the nonpartisan Brookings Institution, calls this “precise message targeting,” writing AI will allow campaigns to better focus on “specific voting blocs with appeals that nudge them around particular policies and partisan opinions.”

AI will also quicken the pace of communications and responses, permitting politicians to “respond instantly to campaign developments,” West wrote. “AI can scan the internet, think about strategy, and come up with a hard-hitting appeal” in minutes, “without having to rely on highly paid consultants or expert videographers.”

And because AI technology is more accessible, it’s not just well-funded campaigns or interest groups that might deploy it in elections. Mekela Panditharatne, counsel for the Brennan Center’s Democracy Program, and Noah Giansiracusa, an assistant professor of mathematics and data science, described several ways outside actors might use the technology to deceive or influence voters.

Aside from using deepfakes to fabricate viral controversies, they could produce legions of social media posts about certain issues “to create the illusion of political agreement or the false impression of widespread belief in dishonest election narratives,” Panditharatne and Giansiracusa wrote. They could “deploy tailored chatbots to customize interactions based on voter characteristics.” 

They could also use AI to target elections administrators, either through deluges of complaints from fake constituents or elaborate phishing schemes.

“There is plenty of past election disinformation in the training data underlying current generative AI tools to render them a potential ticking time bomb for future election disinformation,” Panditharatne and Giansiracusa wrote.

For Scheufele, one major concern is timing. It can take seconds for AI to create a deepfake; it can take days for reporters to debunk it. AI-driven disinformation deployed in the days before an election could sway voters in meaningful ways.

By the time people realized the content was fake, Scheufele said, “the election is over and we have absolutely no constitutional way of relitigating it.”

“This is like making the wrong call in the last minute of the Super Bowl and the Patriots win the Super Bowl, even though they shouldn’t have,” Scheufele said. “They’re still going to be Super Bowl champions on Monday even though we all know that the wrong call was made.”

Guardrails of democracy

In the abstract, every single aspect of AI is “totally manageable,” Scheufele said.

“The problem is we’re dealing with so much in such a short period of time because of how quickly that technology develops,” he said. “We simply don’t have the structures in place at the moment.”

But Wisconsin lawmakers could take initial steps toward boosting transparency. 

In May, Washington state passed a law requiring a clear disclaimer about AI’s use in any political ad. Anderson’s team looked to Washington’s law as a model in drafting a Wisconsin bill.

Rep. Scott Krug, R-Nekoosa, chair of the Assembly elections committee, is open to regulating the use of AI in elections, but legislation may not be ready in time for the 2024 election. (Coburn Dukehart / Wisconsin Watch)

Printed ads with manipulated images will need a disclosure “in letters at least as big as any other letters in the ad,” according to The Spokesman-Review. Manipulated audio must “have an easily understood, spoken warning at the beginning and end of the commercial.” For videos, a text disclosure “must appear for the duration” of the ad.

A similar bill addressing federal elections has been introduced in both chambers of Congress. A March 2020 proposal banning the distribution of deepfakes within 60 days of a federal election and creating criminal penalties went nowhere.

Krug called Washington’s law a “pretty interesting idea.”

“If (an ad is) artificially created, there has to be some sort of a disclaimer,” Krug said.

However, he indicated Republicans may wait to move legislation until after Speaker Robin Vos, R-Rochester, convenes a task force later this year on AI in government.

Sen. Mark Spreitzer, D-Beloit, another elections committee member, noted Wisconsin law already prohibits knowingly making or publishing “a false representation pertaining to a candidate or referendum which is intended or tends to affect voting at an election.”

“I think you could read the plain language of that statute and say that a deepfake would violate it,” he said. “But obviously, whenever you have new technology, I think it’s worth coming back and making explicitly clear that an existing statute is intended to apply to that new technology.”

Just the beginning

Scheufele, Anderson, Spreitzer and Smith all said that Wisconsin should go beyond mandating disclosure of AI in ads.

“The biggest concern is disinformation coming from actors outside of the organized campaigns and political parties,” Spreitzer said. Official entities are easier to regulate, in part because the government already does. 

Additional measures will require a robust global debate, Scheufele said. He likened the urgency of addressing AI to nuclear power. 

“What we never did for nuclear energy is really have a broad public debate about: Should we go there? Should we actually develop nuclear weapons? Should we engage in that arms race?” he said. “For AI, we may still have that opportunity where we really get together and say, ‘Hey, what are the technologies that we’re willing to deploy, that we’re willing to actually make accessible?’ ”

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

Editor’s note: This story was updated to include Noah Giansiracusa as a co-author of the Brennan Center report.

AI is starting to affect our elections. Wisconsin has yet to take action. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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JusticePoint offers incarceration alternatives in Milwaukee. Two judges tried to cancel its contract. https://wisconsinwatch.org/2023/07/justicepoint-offers-incarceration-alternatives-in-milwaukee-two-judges-tried-to-cancel-its-contract/ Thu, 27 Jul 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1280998

This story is part of a collaboration between Wisconsin Watch, Milwaukee Neighborhood News Service and The Appeal.  Four decades ago, a newspaper investigation described Milwaukee’s municipal legal system as “cash register justice.” Thousands of impoverished residents with mental health or substance use issues languished in county jails due to unpaid civil violation fines, costing taxpayers […]

JusticePoint offers incarceration alternatives in Milwaukee. Two judges tried to cancel its contract. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Reading Time: 8 minutes

This story is part of a collaboration between Wisconsin Watch, Milwaukee Neighborhood News Service and The Appeal

Click here to read highlights from the story
  • JusticePoint, Inc. provides assessments, screenings and referrals to treatments or community service for Milwaukee residents facing civil violations such as illegal parking or loitering. It says it has served 11,000 clients in the past eight years. 
  • JusticePoint administers Milwaukee’s Court Alternatives Program, launched in the 1980s as awareness grew about “debtor’s prisons” within the city’s criminal justice system. 
  • Without offering public comment or lining up an alternative provider, Municipal Court officials sought to cancel JusticePoint’s contract in mid-July — apparently due to the organization’s practice of sharing citations with Legal Action of Wisconsin attorneys.
  • JusticePoint sued the city on July 10. A judge’s order allows JusticePoint’s services to continue as the dispute unfolds in court. 

Four decades ago, a newspaper investigation described Milwaukee’s municipal legal system as “cash register justice.” Thousands of impoverished residents with mental health or substance use issues languished in county jails due to unpaid civil violation fines, costing taxpayers hundreds of thousands of dollars. 

Responding to the outcry from The Milwaukee Journal’s 1985 investigation, the city stopped automatically jailing residents who failed to pay civil fines and expanded its Court Alternatives Program. As a result, Milwaukee sent people like Sue Eckhart to court, where they could help low-income residents and those with mental health problems by offering alternatives to incarceration. 

Eckhart has managed the alternatives program for decades, providing assessments, screenings, and referrals to treatments or community service for those facing civil violations, such as illegal parking or loitering.

Since 2015, the program’s vendor, currently JusticePoint, Inc., has served 705 people with mental health issues, 80% of whom resolved their cases without paying a fine, wrote Eckhart, the organization’s program director, in an email to Wisconsin Watch, Milwaukee Neighborhood News Service and The Appeal. The nonprofit says it’s served 11,000 total clients during the last eight years.

Sue Eckhart is the Municipal Court Alternatives director for the nonprofit JusticePoint, Inc., which offers low-income residents who struggle to pay civil fines options for avoiding jail. Services include referring residents to community service or mental health treatment. Eckhart is shown on July 13, 2023. (Jonmaesha Beltran/ Wisconsin Watch)

Although the organizations providing those services changed over time, the core staff — Eckhart and her colleagues — stayed put. But in May, Eckhart suffered a “gut punch” when the city terminated her organization’s contract before it expired in 2024.

Officials provided little explanation as to why and did not line up another vendor to take over what many see as vital work to curb mass incarceration. 

“I never saw that coming at all,” Eckhart said in an interview.

In a last-ditch effort to seek answers, JusticePoint sued the city on July 10 — a day before the city’s cancellation took effect. A Milwaukee County Circuit Court judge quickly granted a temporary restraining order, allowing JusticePoint’s services to continue as the dispute unfolds in court. 

But the prospect of eliminating — and not replacing — JusticePoint’s services has stirred confusion and deep concerns among those serving some of Milwaukee’s most vulnerable residents.

At a time when numerous states and cities are taking steps to reduce pretrial detention, advocates in Milwaukee say attempting to halt the city’s court alternatives program is a step in reverse.

“It is shocking that Milwaukee Municipal Court would suddenly cancel the contract for such an invaluable program,” wrote a coalition of 24 local organizations in May after the Milwaukee Journal Sentinel first reported the city’s plans. They added that the court had provided no information on what would happen to the hundreds of people JusticePoint currently serves. 

One of JusticePoint’s clients is Quintin Walls, a 42-year-old father of six, who owed $100 for a civil violation. He has received services from the organization three times now, starting when he received parking tickets while living in his car. Over the years, the organization connected him to community service to pay off his fines and to resources that led him to secure housing.

The coalition urged the mayor and the city’s Common Council to save the program, but officials say neither has control over the contract. The council funds but does not oversee the program, allocating $487,000 for JusticePoint’s services this year.

Two Municipal Court judges, Phil Chavez and Valarie Hill, recommended terminating the contract before a third judge, Molly Gena, was elected in April, city officials said during a June Common Council subcommittee meeting. It would have been illegal and unenforceable if the council had directed the court to rescind the termination notice, Assistant City Attorney Kathryn Block said at the subcommittee meeting. 

Alderman Jonathan Brostoff, who represents the city’s East Side, called the court’s decision “fishy” and “quite troubling.” 

Brostoff and Alderman Michael Murphy, who represents Milwaukee’s West Side, later told Wisconsin Watch they were concerned about the court’s lack of transparency.

Court officials declined to answer questions from Wisconsin Watch, Milwaukee Neighborhood News Service and The Appeal, citing the pending lawsuit.

A spokesperson for Milwaukee Mayor Cavalier Johnson declined to comment for this story, but added that Johnson “was not involved in any decision-making” regarding the contract.

Nick Sayner, JusticePoint’s co-founder and chief executive officer, said he’s troubled by the lack of transparency from officials.

“The court’s silence and the city’s silence tells you that you should be concerned that there’s something else going on here,” Sayner said.

Quintin Walls, 42, and his 4-year-old son Dupree Walls pose for a portrait at Aurora Sinai Medical Center in Milwaukee on July 5, 2023. JusticePoint, a nonprofit that contracts with the city of Milwaukee, arranged for him to complete community service in lieu of paying a $100 civil fine. Walls received services during a time when he experienced homelessness. He says a social worker helped him find housing. (Jonmaesha Beltran/ Wisconsin Watch)

Judges ‘lost faith’ in JusticePoint

Judges Chavez and Hill told Chief Court Administrator Sheldyn Himle they “lost faith” in JusticePoint over the longstanding practice of sharing citations with attorneys at Legal Action of Wisconsin, a nonprofit that provides free legal services to people with low incomes, according to a May 15 email between Sayner and Himle.

The city attorney’s office had advised JusticePoint to share citations during pilot phases of a program to help people with low incomes find legal representation, Sayner wrote to Himle.  

“It is not clear to me how we were to know we should have ceased this activity prior to receiving your feedback,” Sayner wrote. “Once we were notified by your office to end this activity, we stopped providing that information immediately.”

Sayner also told Himle that JusticePoint hadn’t received broader feedback from the court for several years, but was open to it as long as the program’s principles remained consistent. 

Legal Action of Wisconsin attorneys were not aware of any past issues with sharing citations, said Susan Lund, an attorney with the nonprofit. Her firm receives identical copies of citations through police department open records requests and said she did not know why JusticePoint’s information sharing would be a problem. 

(Legal Action of Wisconsin separately sued the Municipal Court in July, alleging the court failed to record hearings on judgments and case reopenings as required by state law.) 

Nick Sayner, co-founder of JusticePoint, Inc., says his organization was caught off guard by a push to cancel its contract. JusticePoint provides services that help people who owe fines for civil infractions avoid jail. Sayner is shown at an Oct. 16, 2018 meeting for the Legislative Study Committee on Bail and Conditions of Pretrial Release. (Emily Hamer / Wisconsin Watch)

In a May 15 letter, the city’s purchasing department informed Sayner it was terminating JusticePoint’s contract, effective July 11. JusticePoint had not delivered unspecified “possible solutions” following a May 5 meeting, the letter said. 

Eckhart, whose office sits on the second floor of the Municipal Court building, said she was mortified upon learning the news. 

“‘Oh, my God, what are our clients going to do?’” she said she thought. 

The city terminated the contract under a “convenience” clause, rather than for cause, allowing it to be canceled for any reason as long as the city gave JusticePoint 10-days written notice. If it had terminated for cause the city would have had to give JusticePoint 30 days to fix any alleged deficiencies.

“At no point was JusticePoint informed that failure to respond with possible solutions would result in the termination of the contract,” Sayner and fellow co-founder Edward Gordon wrote to the purchasing division.

Plan to replace JusticePoint’s services is unclear 

Speaking at a June subcommittee meeting, Himle said the court planned to continue the Court Alternatives Program without JusticePoint. She did not clearly answer how that would happen without a new contractor. 

“The judges have made some decisions on how to continue as best they can through referrals they may make,” Himle said.

James Gramling, Jr., a retired Municipal Court judge, said in an interview it was unreasonable to expect judges to make such assessments from the bench, particularly in cases unfolding on Zoom.

“The judges seem to think they’re going to be able to identify from the bench people that have addiction, mental health issues and refer them to some agency. Good luck with that — it’s not workable,” Gramling said. 

The Milwaukee Municipal Court building is seen on July 18, 2023. The nonprofit JusticePoint, Inc. runs the city’s Court Alternatives Program, which offers low-income residents who struggle to pay civil fines options for avoiding jail. Two Municipal Court judges sought to cancel JusticePoint’s city contract but provided little public explanation as to why. JusticePoint sued the city, prompting a ruling that has at least temporarily protected its contract. (Jonmaesha Beltran/ Wisconsin Watch)

As a judge, Gramling would assess the needs of defendants and then rely on one of Eckhart’s case workers to perform a full screening outside of the courtroom, Grambling detailed in a letter to the Common Council. Defendants would often be directed to perform community service or receive counseling or treatment. 

“Many thousands of people are processed without individual treatment by the court,” Gramling wrote. “And many of those defendants are disadvantaged members within our community: the poor, those addicted to drugs and alcohol, those suffering from mental health issues.”

Nearly 60% of JusticePoint participants participate in community service. The program’s alcohol and substance abuse program serves more than 90% of participants, as do its mental health services, according to the city budget.  

Gena, the newest of the three Municipal Court judges, said terminating JusticePoint’s contract would make her job “a lot harder.” Speaking at the June meeting, the former Legal Action of Wisconsin managing attorney said she could order people to pay fines but can’t address root causes that will send many people back to court.

“It was indicated that maybe the other judges have a plan — I don’t,” she said. 

JusticePoint’s lawsuit argues termination lacked good cause

In its lawsuit, JusticePoint argues the city violated the Wisconsin Fair Dealership law, which protects “dealers” — typically business owners — whose economic livelihood could be imperiled by “grantors,” who, through a contract, grants dealers the ability to sell or distribute goods or services. The law prohibits a grantor from terminating a relationship with a dealer without good cause, proper notice and the ability to fix any issue at hand. 

“The City seeks to terminate — abruptly, unilaterally, and without good cause — JusticePoint’s relationship with the City,” the lawsuit argues. “Worse yet, the City has not contracted with another vendor to provide these critical services to the people of Milwaukee.”

The Circuit Court granted JusticePoint a temporary restraining order to maintain its contract as the case plays out. A hearing on that order is scheduled for October 5.

‘Thank you for being so kind to me.’ 

Eckhart has collected countless stories of people her colleagues have helped over the decades. She recalled one man who bathed in a pond outside of the Municipal Court building and had racked up many citations while struggling with alcoholism. Eckhart’s team connected him to a treatment service and resolved his tickets.

The Milwaukee Journal published this cartoon by William (Bill) Sanders on April 14, 1987. The newspaper’s mid-1980’s reporting on “debtor’s prisons” in Milwaukee prompted an overhaul that expanded alternatives for low-income people who struggled to pay civil fines.

She said she later saw him with frostbite on his feet during the winter and gave him a pair of heavy socks. He later returned to thank the team. 

“And I’ll never forget that,” Eckhart said.

Then there was Theodora Athans, whose photo appeared in The Milwaukee Journal’s 1985 “Justice Denied” series that revealed how the court created “debtor’s prisons” within the Milwaukee County’s criminal justice system.

Athans lived with schizophrenia and the Milwaukee County Circuit Court found her to be a “danger to herself.”

But Eckhart said her team found Athans housing and the woman later volunteered for the alternatives program.

“Thank you for being so kind to me,” Eckhart recalled Athans later saying when Eckhart visited her while she was sick in the hospital.

“The people we help, I don’t think would get help anywhere else,” Eckhart said, “and that’s the part that bothers me.”

JusticePoint offers incarceration alternatives in Milwaukee. Two judges tried to cancel its contract. is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Misinformation, Disinformation: A guide to sorting fiction from reality https://wisconsinwatch.org/2023/07/misinformation-disinformation-a-guide-to-sorting-fiction-from-reality/ Thu, 20 Jul 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1280866

Social media and deceptive actors are allowing falsehood to spread even faster than the truth, but there are ways to inoculate yourself from information disorder.

Misinformation, Disinformation: A guide to sorting fiction from reality is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Reading Time: 6 minutes

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletter to get our investigative stories and Friday news roundup.

Click to read highlights from the story:
  • Information disorder takes many forms but can be broken down into three categories: misinformation, disinformation and malinformation.
  • Human emotions and worldview make people susceptible to believing and spreading misinformation.
  • People should maintain a healthy media diet with an ever-evolving collection of various sources for local, state and national news, as well as specialized publications for topics like economics or technology.
  • This report is the first in a series from Wisconsin Watch disinformation reporter Phoebe Petrovic done in partnership with the Capital Times, UW-Madison and the National Science Foundation.

A viral TikTok claimed Disney World sought to lower the drinking age to 18. President Biden made outsized claims about job creation. A Twitter user impersonated a pharmaceutical giant announcing insulin is free. Russian agents leaked hacked emails from Hillary Clinton’s campaign. 

Each example reflects a type of what has collectively come to be known as “information disorder,” a term encompassing several kinds of misinformation, disinformation and malinformation that plague society. The various forms include propaganda, lies, conspiracies, rumors, hoaxes, hyper-partisan content, falsehoods and manipulated media, according to those who study the disease.

Journalists and academics around the world have dedicated themselves to examining information disorder. And conservative power brokers have begun to attack those efforts, often accusing them of suppressing free speech.

University of Wisconsin-Madison researchers are leading a National Science Foundation-funded project to safeguard democracy by limiting information disorder’s scope and impact. 

As part of the endeavor, Wisconsin Watch, the Capital Times and Snopes are among the organizations that now have dedicated reporters covering how information disorder infects the body politic and destabilizes democracy — and how we can protect ourselves. 

Everyone is susceptible and could pass it along to others. But knowing what to look for and what to do about it can build resilience.

Here’s a guide to help diagnose information disorder, as well as some potential remedies.

Types of information disorder

The concept of information disorder comes from Claire Wardle, a researcher who co-founded First Draft and now leads the Information Futures Lab at Brown University. She developed the term as an alternative to “fake news,” which at one point referred to the Russian disinformation campaign during the 2016 presidential election, but became co-opted by former President Donald Trump to dismiss legitimate news stories.

Credit: Claire Wardle & Hossein Derakshan

She identifies three major strains of information disorder: 

Misinformation: False or misleading content spread by those who don’t know it’s false or misleading or without intent to cause harm. First Draft notes that as people share disinformation without realizing it’s false, it can become misinformation. Research shows people are more likely to share misinformation that aligns with their worldview or signals their belonging to an in-group.

Disinformation: Deliberately false content designed to deceive or to harm. According to First Draft, three main factors motivate people to make and spread disinformation: money, political influence or desire to cause chaos.

Malinformation: Factual content spread with the intent to cause harm. It’s often private information spread for corporate or personal interest, such as when someone posts intimate photos of an ex-partner online, an act known as revenge porn

What it looks like 

First Draft further breaks down information disorder into seven common forms. 

  1. Fabricated content: Completely false or made up content — videos, photographs, stories — made to deceive or do harm.
  2. Manipulated content: Genuine information or imagery altered to deceive. 
  3. Imposter content: Content such as websites or posts impersonating real organizations or people.
  4. False context: Genuine information shared alongside false contextual information, such as sharing stories that are old or from a different place as if they’re current and related to current events.
  5. Misleading content: Content that may have genuine elements, or a “kernel of truth,” but are framed, recontextualized or reformulated in deceptive ways. 
  6. False connection: Headlines, captions or visual elements that don’t support or accurately represent the content, such as clickbait. 
  7. Satire or parody: Joking content that can dupe people into thinking it’s genuine or serious. This becomes more damaging the further it gets removed from its original source.
Credit: Claire Wardle

Josephine Lukito, a professor at University of Texas at Austin who studies mis- and disinformation on social media, said Russian troll campaigns favored false context and misleading content, often sharing real news stories with sensationalized framing to rile up a particular group. 

She recommends looking for a particular news story on Google to see if something similar appears on other outlets. If it’s a genuine event other news outlets will likely have covered it, too. 

Lukito said disinformation is also increasingly spread through videos and images, such as doctored screenshots purporting to be a news outlet posting a story, which can be harder to fact check.

Other imposter content commonly takes the form of websites or social media accounts, said Mike Wagner, a journalism professor at the University of Wisconsin-Madison. Wagner is the lead investigator for the NSF-funded research project in which Wisconsin Watch and the Capital Times are participating. 

“We’ve had misinformation since we’ve had information, and we’ve had people sharing things that aren’t true since they shared things that are true,” Wagner said.

University of Wisconsin-Madison journalism professor Mike Wagner. (Courtesy of Mike Wagner)

In 2022, after Twitter changed its verification rules to allow anyone to buy a blue check, a tweet purporting to be a pharmaceutical company announcing it had made insulin free went viral. The company’s stock dropped about 4% — although it’s impossible to attribute it solely to the tweet. Months later, the company capped the monthly out-of-pocket price for all consumers. 

Although the person behind the imposter tweet said it was obviously satire, it was effective in part because the blue verification check, username and avatar mimicked the company’s. Other imposters might share other features as well, with only small departures from the real account. The same rules may apply for websites impersonating news outlets or companies, often with a slightly different address being the tell.

Why we’re susceptible

Research shows that our emotions and worldview play a significant role in what information we believe and share.

A headline, Wagner said, can hit “you in an emotional way that makes it hard for you to be motivated to think about why that might be wrong.”

Anxiety, in particular, enhances belief in disinformation and leads to its spread. When people feel uncertainty or fear, they’re more likely to pay attention to information that resonates with their present emotions. 

That also plays into a psychological concept known as cognitive dissonance: the discomfort felt when confronted with information contrary to one’s beliefs. It can lead someone to reject credible information that further threatens those beliefs, instead seeking out comforting, even if false, information.

Even when calm, people tend to believe and share information that supports their worldview, especially if it comes from within their own circles, a phenomenon psychologists refer to as “confirmation bias.”

First Draft compiled several foundational psychological concepts here. They include the “third-person effect,” which means considering others more susceptible to misinformation than oneself, and “fluency,” the tendency to believe information that is easier to process.

Madeline Jalbert, who studies misinformation and social cognition at the University of Washington, said in a webinar that humans assume information is true by default. And we’re more likely to believe misinformation is true when it feels easy to process, such as featuring a clean font and crisp audio quality, when it lacks cues to analyze information carefully and when it meets some of the basic elements we instinctively use to evaluate truth.

The “truth criteria” are:

  1. Compatibility: Whether it’s compatible with other things known to be true.
  2. Coherence: Whether it “makes sense.”
  3. Credibility: Whether it comes from a credible source.
  4. Consensus: Whether other people believe it.
  5. Evidence: Whether it has supporting evidence.

How to protect yourself

“In this digital era, people are both consumers of information and producers of information,” Lukito said.

Because of that, she said, it’s as important to consider what you share as it is to consider what you consume. That means considering the truthfulness or veracity of content before sharing.

University of Texas at Austin journalism professor Josephine Lukito. (Courtesy of Josephine Lukito)

Wagner recommends approaching content with this goal: “Learn the truth.”

Repeating that mantra can help move beyond personal biases, making someone more open to the possibility that their “side” might have flaws and the other side “isn’t the devil,” he said.

It also encourages consideration of the content’s other aspects: the author and their motivations, the source, whether the story supports the headline, whether the cited evidence supports the claim, who is sharing it. The Trust Project, which Wisconsin Watch has joined, developed eight “trust indicators” to consider when reviewing a news story.

“We need to constantly be willing to ask ourselves, ‘Why am I believing this? Does this make sense?’ ” Wagner said.

Lukito recommends having a healthy media diet, an ever-evolving collection of various sources for local, state and national news, as well as specialized publications for topics like economics or technology.

It’s important to distinguish between pieces driven by opinion, speculation or fact, and “absolutely important” that these sources of information have a process for verifying information. And it’s even better if you can seek out some of these sources yourself, rather than only letting a social media algorithm feed you all your information. 

One key technique is “lateral reading,” which involves evaluating a source or content’s credibility by researching their claims on multiple other sites.

We live in a different media ecology than decades prior, one that puts new responsibilities on individuals, Lukito said. 

“This is a new expectation for citizens that we’ve not seen in the past,” she said. It requires energy and labor, but “I certainly think it’s worth it.”

Have you encountered some mis- or disinformation?

Whether online or in real life, we want to hear about it. Wisconsin Watch and the Capital Times will be reporting together and separately on mis- and disinformation in Wisconsin over the coming months, especially with the 2024 presidential election inching closer.

Email tips, questions or feedback to reporters Phoebe Petrovic (disinfo@wisconsinwatch.org) and Erin McGroarty (emcgroarty@captimes.com).

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

Misinformation, Disinformation: A guide to sorting fiction from reality is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Walmart pulls Milwaukee Tool gloves allegedly made by Chinese prisoners https://wisconsinwatch.org/2023/07/walmart-pulls-milwaukee-tool-gloves-allegedly-made-by-chinese-prisoners/ Mon, 17 Jul 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1280737

Walmart, the largest retailer in the United States, is no longer selling Milwaukee Tool-branded gloves on its online marketplace  — responding to allegations that a subcontractor for the Brookfield, Wisconsin-based tool company relied on forced Chinese prison labor.

Walmart pulls Milwaukee Tool gloves allegedly made by Chinese prisoners is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Click here to read highlights from the story
  • Walmart has removed Milwaukee Tool work gloves allegedly made with forced prison labor from the retailer’s third-party platform, blocked future sales and said it does not sell the implicated gloves in its stores or on its website.  
  • The Congressional-Executive Commission on China is investigating Milwaukee Tool’s supply chain practices. Speaking last Tuesday at a commission hearing, U.S. Rep. Chris Smith, a New Jersey Republican, called the findings from the Wisconsin Watch report “very, very damaging.”  

Walmart, the largest retailer in the United States, is no longer selling Milwaukee Tool-branded gloves on its online marketplace  — responding to allegations that a subcontractor for the Brookfield, Wisconsin-based tool company relied on forced Chinese prison labor to manufacture certain models of gloves. 

“We looked into the allegations regarding the gloves in question, and we made a decision to de-list those from the marketplace,” Kathleen McLaughlin, Walmart’s chief sustainability officer, told shareholders during a virtual meeting on May 31, according to a transcript reviewed by Wisconsin Watch.

In a follow up letter to a shareholder, a Walmart official confirmed that the company removed the gloves from its third-party platform, blocked future sales and does not sell the branded gloves in its stores or on its website.

“Walmart does not tolerate involuntary prison labor in its supply chain, even when allowed by local law,” Blair Cromwell, a Walmart spokesperson, told Wisconsin Watch in an email. “Our Standards for Suppliers prohibit it. We find such allegations very concerning and take action to address them.”

The confirmation to shareholders came months after Chinese exile Shi Minglei, who now lives in Minnesota’s Twin Cities, launched a public campaign to pressure Milwaukee Tool to stop sourcing gloves allegedly made under grueling conditions at Chishan Prison in China’s central Hunan Province — and to urge giant retailers such as Walmart, Amazon, and The Home Depot to stop selling the gloves or helping third parties do so. 

Shi alleges her husband, imprisoned human rights activist Cheng Yuan, has been forced to use a sewing machine to produce goods at the prison for up to 12 hours a day. Shi said she could not verify he was making Milwaukee Tool products but said she heard from former prisoners of Milwaukee Tool’s production at the prison. 

Walmart confirmed its removal of the gloves weeks after Wisconsin Watch investigation found additional evidence that Chishan prisoners were paid pennies to make work gloves bearing the iconic brand of Milwaukee Tool, a company with a nearly 100-year history in Wisconsin.

Shi Minglei, the wife of an imprisoned Chinese human rights activist Cheng Yuan, fled to the United States in 2021 and now lives in Minnesota’s Twin Cities. She is calling for Brookfield-Wis.-based Milwaukee Tool to stop sourcing gloves made from forced prison labor in China. A Milwaukee Tool spokesperson says the company has “found no evidence to support” allegations about forced labor. Shi is shown in Minneapolis on Feb. 19, 2023. (Ariana Lindquist for Wisconsin Watch)

A supplier for Milwaukee Tool subcontracted work to the prison, two former prisoners told Wisconsin Watch. A self-identified salesperson of the supplier, Shanghai Select Safety Products, said it manufactured the majority of Milwaukee Tool’s work gloves. And regulatory filings show Shanghai Select was contracted to manufacture “Performance Gloves” for a subsidiary of Milwaukee Tool’s parent company.

Lee Ming-che, a renowned human rights activist who spent nearly five years in Chishan Prison, verified four types of Milwaukee Tool gloves he made while earning the equivalent of about 48 cents a day during 90-plus hour work weeks: Free-Flex, Demolition, Performance and Winter Performance.

Milwaukee Tool has not responded to Wisconsin Watch’s questions about how it investigates allegations of human rights abuses within its supply chain, but it says it has “found no evidence to support the claims being made.”

“Milwaukee Tool regularly conducts a complete and thorough review of our global operations and supply chain,” spokeswoman Kaitlyn Kasper said in an email July 13, adding that the company has “strict policies and procedures in place to ensure that no authorized Milwaukee Tool products are manufactured by using forced labor.”

Wisconsin Watch reporting spurs congressional investigation

The Wisconsin Watch investigation has prompted a bipartisan congressional investigation into Milwaukee Tool’s supply chain practices . 

In a July 10 letter to Milwaukee Tool Group President Steve Richman, U.S. Rep. Chris Smith, R-New Jersey, chair of the Congressional-Executive Commission on China, and U.S. Sen. Jeff Merkley, D-Oregon, commission co-chair, wrote that the use of forced Chinese labor violates international human rights standards, China’s international obligations and U.S. law.  

“We raise these concerns after reading an investigative report by Wisconsin Watch which detailed how political prisoners in Chishan Prison were forced to work against their will, with little pay, to produce gloves for your company,” said the letter, which outlined questions for Milwaukee Tool to answer.

“We understand that Milwaukee Tool may have strongly worded policies against the use of forced labor, as do most every company with global supply chains, but the evidence in this case is very compelling,” the lawmakers wrote. 

U.S. Rep. Chris Smith, R-New Jersey, is the chair of the bicameral Congressional-Executive Commission on China, which is scrutinizing Milwaukee Tool’s supply chain practices after an investigation found evidence that Chinese prisoners were paid pennies to make work gloves bearing the iconic brand of Milwaukee Tool. He is shown here at a July 11, 2023 hearing of the commission. (YouTube screenshot)

Speaking July 11 at a commission hearing called “Corporate Complicity: Subsidizing the PRC’s Human Rights Violations,” Smith called the findings from the Wisconsin Watch report “very, very damaging.”

A senior Department of Homeland Security official said his agency is examining the link between forced prison labor in China and products shipped to the U.S., but he did not specifically mention Milwaukee Tool.

“We have our Homeland Security Investigation agency, including through their presence at our embassy in Beijing, investigate and look into those kinds of issues,” said Under Secretary Robert Silvers, calling a lack of transparency into the Chinese system — and particularly its prisons — a challenge that regulators and “companies who want to do the right thing” must confront. 

Campaign prompts Walmart action

Shi’s campaign targeting Milwaukee Tool and its vendors caught the attention of the Business and Human Rights Resource Centre, an international organization tracking allegations of human rights abuses in the private sector. It urged the companies to respond. 

Also taking notice: Seventh Generation Interfaith, a Milwaukee-based investment coalition that manages $18 billion in assets and focuses on socially responsible investing, according to Christopher Cox, the group’s executive director.

Missouri-based Mercy Investment Services, one group member, engages with Walmart and other companies about preventing human rights abuses in their supply chains. 

Caroline Boden, Mercy’s director of shareholder advocacy, raised the question during the May 31 shareholder’s meeting that prompted McLaughlin of Walmart to confirm that the company had pulled Milwaukee Tool gloves from its marketplace.

Boden welcomed that public confirmation.

“It’s a great way just to raise salient material issues both to the company and to other shareholders,” she told Wisconsin Watch. 

Mixed responses from Amazon, The Home Depot

In May, Shi emailed a link to Wisconsin Watch’s investigation to Amazon CEO Andy Jassy and urged his company to halt sales of the Milwaukee Tool-branded gloves on its marketplace.

An Amazon Executive Customer Relations Team representative confirmed to Shi that Jassy received the letter and that the “corresponding department” would review it as Amazon “takes a serious look at these problems,” according to correspondence Shi shared with Wisconsin Watch.       

An Amazon spokesperson declined to comment to Wisconsin Watch. 

Milwaukee Tool “Demolition” gloves are seen at The Home Depot in Madison, Wis., on Feb. 5, 2023. Two men say they were forced to make “Demolition” gloves and other Milwaukee Tool glove models under grueling conditions while incarcerated at Chishan Prison in China’s central Hunan Province. (Zhen Wang / Wisconsin Watch)

The Home Depot, Milwaukee Tool’s major distributor, said its internal investigation did not substantiate the allegations against Milwaukee Tool.

“When we learned of the allegations against Milwaukee, we immediately investigated them,”  spokesperson Beth Marlowe wrote in an email to Wisconsin Watch. “We have not found any evidence that the Milwaukee gloves sold at The Home Depot are made with forced labor.”

The models of gloves allegedly made with forced prison labor continue to be sold online at Amazon and by The Home Depot.

More scrutiny of big companies 

Boden said her organization will continue to monitor Walmart’s practices and would like Walmart to share details of its internal investigation regarding Milwaukee Tool.

If the company decides to put the gloves back on the market, she wants assurances that they are free from prison labor.

Meanwhile, the Congressional-Executive Commission on China plans to continue scrutinizing Milwaukee Tool. In their July 10 letter, Merkley and Smith told Richman that the commission is “compiling information for future reports and a congressional hearing where we may request your testimony.”

Christen Dobson, senior program manager with the Business and Human Rights Resource Centre, welcomed such scrutiny. 

“We believe it’s important for the company to be transparent,” Dobson said. “It’s a space where there’s a push for greater transparency and accountability related to human rights harms.”

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

Walmart pulls Milwaukee Tool gloves allegedly made by Chinese prisoners is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Wisconsin billionaires quietly bankroll effort to shrink state’s social safety net https://wisconsinwatch.org/2023/07/wisconsin-billionaires-effort-shrink-social-safety-net/ Tue, 11 Jul 2023 11:00:00 +0000 https://wisconsinwatch.org/?p=1280583

A group funded by deep-pocketed GOP donors is pushing to make it harder to vote and to receive unemployment insurance and Medicaid

Wisconsin billionaires quietly bankroll effort to shrink state’s social safety net is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Click here to read highlights from the story
  • The Florida-based Foundation for Government Accountability and its lobbying arm, the Opportunity Solutions Project, has courted Republican lawmakers across the country, including in Wisconsin, to enact more barriers to voting and accessing social programs.
  • Top donors to the organization include wealthy Wisconsin-based conservative groups such as the Bradley Foundation and Ed Uihlein Family Foundation.
  • To help pass legislation, the organization has hired former legislative aides and flown Republican lawmakers to out-of-state “educational” seminars. 

Republican lawmakers held a day of back-to-back public hearings in mid-April for bills that would add restrictions to receiving unemployment insurance payouts, ban local guaranteed income programs and prevent state agencies from automatically renewing low-income health insurance

A lead proponent testifying at the Capitol was a former Republican legislative aide representing a Florida-based advocacy group with no membership and tens of millions of anonymous donations. One Republican lawmaker noted it was the third time that afternoon that Adam Gibbs had spoken in favor of the bills, all which were aimed at dismantling the state’s social safety net.

“Busy day in the Legislature,” replied Gibbs, communications director for the nonprofit Foundation for Government Accountability.

His pitch that April afternoon was succinct: Wisconsin employers struggle to fill jobs because the state’s unemployment insurance benefits — which are among the bottom third of benefits in the nation — are too generous.

“One of the fastest ways that we can deal with Wisconsin’s ongoing workforce shortage is to keep people who are still in the labor market, those recently unemployed, productively engaged in the workforce,” Gibbs told members of the Assembly Committee on Workforce Development and Economic Opportunities.

The committee later voted 10-5 along party lines to advance the four bills that would add barriers to unemployed workers receiving cash payments from the state. The bills sailed through the Republican-controlled Legislature with only that single public hearing.

Once sent to Democratic Gov. Tony Evers’ desk they’ll likely be blocked. Evers has vetoed similar bills in the past and a spokesperson told Wisconsin Watch that “similar if not identical legislation” would face the same fate.

But in Republican-controlled states, FGA and its lobbying arm, Opportunity Solutions Project, have racked up a series of wins. Recently, FGA got national attention for its successful drive to relax child labor restrictions in Iowa and Arkansas. A similar effort supported by the group is pending in the Missouri legislature.

Major Wisconsin Republican benefactors have fueled FGA’s successes. They include the Uihlein family, owners of the Pleasant Prairie-based Uline Industries, and the conservative Lynde and Harry Bradley Foundation of Milwaukee.

Richard W. Graber has served as CEO of the Bradley Foundation since 2016 and two years on the board of directors before that. The Milwaukee-based foundation is a major donor to conservative causes with, according to IRS filings, at least $2.75 million in cash contributions to the FGA between 2013 to 2021. (Angela Peterson / Milwaukee Journal Sentinel)

In Wisconsin — where unemployment remained at a record low of 2.4% in May — the group has pushed bills that would broaden the definition of workplace misconduct to ease unemployment benefit denials as well as empower the Legislature’s budget committee to veto future federal jobless relief. It also opposes Medicaid expansion and supports certain election changes such as purging the names of ineligible voters from election rolls and making it harder for clerks to correct minor mistakes on absentee ballot envelopes.

Opponents of the bills include the left-leaning Main Street Alliance which organizes small businesses for grassroots advocacy on economic and social issues. Interim policy director Shawn Phetteplace said dark money pro-business groups like FGA enjoy privileged access with the Republican leadership setting the agenda.

“There are a lot of ex-Republican operatives,” he said. “And so it’s like you leave the building and go right back in on the other side.”

A Wisconsin Watch analysis of the 2021-22 session found that of the 17 bills passed with Opportunity Solutions Project/FGA support, Evers vetoed all but one. The lobbying group also opposed a Democratic-sponsored bill that would extend Medicaid for eligible women for a full year after childbirth; Republicans refused to schedule a hearing, and the GOP-led budget committee stripped it from the governor’s budget. The group also supported 16 bills that ultimately did not pass both chambers.

FGA and its lobbying arm in recent years have kept a relatively low profile despite collecting millions in funding, hiring at least 115 lobbyists and flying lawmakers, including some from Wisconsin, across the country for educational seminars.

In Wisconsin, Opportunity Solutions Project reported three registered lobbyists — two of them in state — and $106,863 in lobbying expenditures during the 2021-22 session. This year’s numbers aren’t in yet, but a Wisconsin Watch tally puts its lobbying expenditures at nearly $275,000 between 2017 and 2022.

Secret donors seek to influence state policy

Watchdogs that monitor dark money groups say FGA is just the latest example of an advocacy organization bankrolled by a small network of billionaire activists intent on deregulation, dismantling welfare protections and restricting voting rights.

FGA doesn’t disclose its donors. But IRS data tracked by the Center for Media and Democracy, which investigates the influence of money in politics, show some of the largest checks came from foundations tied to conservative causes.

The Ed Uihlein Family Foundation donated $17.85 million between 2014 and 2021, according to tax filings. The Bradley Foundation of Milwaukee gave $2.75 million over a similar period. 

FGA’s lobbying arm isn’t required to disclose its funding sources. Critics call that a loophole in the law, giving donors the ability to secretly influence public policy. 

The IRS says charitable foundations like FGA aren’t supposed to engage in substantial political lobbying. But like other similar groups, it shares office space, staffers and other resources with its lobbying arm. Such arrangements allow donors to make tax deductible donations that ultimately end up being used for lobbying.

David Armiak, research director with the Center for Media and Democracy, called it a “bit of a wild wild west with these groups.”

“There’s just not that much analysis or investigations or audits into these groups to see if this stuff is really legal,” he added.

Gibbs has a business card identifying his employer as the tax-exempt foundation — while also testifying on behalf of Opportunity Solutions Network, the group registered to lobby lawmakers. Until last year, Gibbs had worked in several legislative offices including most recently as the communications director for state Senate Majority Leader Devin LeMahieu, R-Oostburg.

Gibbs told Wisconsin Watch it’s a common practice among charities, including progressive groups, to have both nonprofit and lobbying arms.

“We’re like any of the other ones: NAACP, Sierra Club, all of those types of organizations,” Gibbs said. “We have to file the necessary paperwork with the IRS. But we protect the identity of donors as well, just like all those other organizations do.”

Armiak agreed the issue is bipartisan.

“It’s a problem that exists on both sides of the political spectrum,” he said. “But it’s been exploited because the IRS has been defunded and defanged.”

A review of lobbying records found that Opportunity Solutions Project has focused on public assistance programs, health insurance and election reform. This session, it opposed a rule that would have allowed Wisconsin clerks to correct minor mistakes on absentee ballot envelopes. 

FGA is part of the State Policy Network, a national network of conservative nonprofits. Other network affiliates active in the Badger State include the Wisconsin Institute for Law & Liberty law firm, the Badger Institute, MacIver Institute and Institute for Reforming Government. Armiak said having the same messages and proposals amplified by multiple groups gives them additional weight.

“There are all these different groups, and experts that are calling for one thing, right?” he said. “When in fact, they’re basically the same thing funded by a handful of very wealthy interests.”

Group pays for lawmakers’ travel

At least half a dozen Wisconsin Republican lawmakers have traveled out of state at FGA’s expense for educational seminars. They include Senate President Chris Kapenga, R-Delafield, who reported $800 in in-kind donations from the group to attend a legislative conference last December in Florida. He declined to comment.

Wisconsin Senate President Chris Kapenga, R-Delafield, during a state Senate session on June 7, 2023, in the Wisconsin State Capitol. He reported participating in an FGA-funded two-day visit to Naples, Florida in December 2022 that included a “leadership dinner” with Gov. Ron DeSantis and other lawmakers from around the nation. (Drake White-Bergey / Wisconsin Watch)

In April Sen. Dan Feyen, R-Fond du Lac, Sen. Cory Tomczyk, R-Mosinee, and Rep. Clint Moses, R-Menomonie, traveled to Nashville for a two-day meeting at FGA’s expense. The lawmakers have not yet reported the cost of that three-day trip. 

“It was not a super partisan convention or anything like that,” Moses told Wisconsin Watch. “Just more of a think tank.”

Moses said there were Republican lawmakers from at least a half-dozen Midwestern and Southern states. The thrust of the agenda was cutting Medicaid fraud and making it harder for able-bodied adults to draw benefits rather than return to work.

“There’s a lot of people that are not in the workforce that are on the sidelines and choosing not to go back to work,” Moses said.

He brushed off the fact that unemployment rates have cratered with labor participation higher than pre-pandemic levels.

“I’ve heard that argument: Unemployment rates are at a record low and this and that,” he said. “But we still have, obviously, people that are not working and we still have a huge demand.”

He added that demographic changes that include an aging population combined with declining fertility rates also factor into employers’ struggles to find workers.

Feyen also traveled in December to a two-day FGA “educational” seminar in Naples, Florida, at a value of $1,983. 

Sen. Dan Feyen, R-Fond Du Lac, assistant majority leader in the Senate, on June 7, 2023 in the Wisconsin State Capitol in Madison. He’s reported traveling out-of-state at FGA’s expense to attend “educational meetings” to advance the Florida group’s legislative agenda. He’s co-sponsored several bills to restrict access to unemployment insurance in Wisconsin. (Drake White-Bergey / Wisconsin Watch)

The sessions included presentations by FGA of its legislative agenda in other states and how similar legislation could work in Wisconsin.

“If something’s working successfully in other states, we want to try and replicate that here,” Feyen said. 

Even though Evers vetoed nearly all of the FGA-backed bills, Feyen said he’s not discouraged, having reintroduced three bills relating to unemployment insurance the day after the meeting in Tennessee.

“We’re bringing some of these bills back, hoping that the governor will finally come around,” Feyen said.

Bills face Evers’ veto pen

With unemployment rates at historic lows Democrats question why Republican lawmakers are focused on increasing barriers to unemployment assistance.

“This is a cynical distraction from the work that we should be doing,” Senate Minority Leader Melissa Agard, D-Madison, said. “But thankfully, they’re not becoming law.”

Wisconsin Senate Minority Leader Melissa Agard, D-Madison photographed on June 28, 2023 in the Wisconsin State Capitol, has assailed the FGA-backed legislation to restrict unemployment benefits as out-of-step. Democrats instead have pushed for expanded childcare services, paid family leave and workforce training to tackle the state’s labor challenges. (Drake White-Bergey / Wisconsin Watch)

Civil rights, social welfare and public health advocates said in a May 31 letter the four unemployment bills were rushed through legislative committees without much chance for public comment. Three of the bills received public hearings in separate committee meetings at the same time.

Main Street Alliance, the left-leaning small business advocacy group, was one of the more than two dozen signatories. Phetteplace said pro-business groups like FGA that are awash in dark money claim to advocate for small business employers but are out of step with ordinary people.

“For a long time, you’ve had this sense of identity theft, where you have organizations that claim that they’re speaking on behalf of small business, when really they’re speaking on behalf of their corporate donors,” he said.

Editor’s note: The story and a photo caption were corrected to clarify that the Bradley Foundation is not a family foundation.

The nonprofit Wisconsin Watch (www.WisconsinWatch.org) collaborates with WPR, PBS Wisconsin, other news media and the University of Wisconsin-Madison School of Journalism and Mass Communication. All works created, published, posted or disseminated by Wisconsin Watch do not necessarily reflect the views or opinions of UW-Madison or any of its affiliates.

Wisconsin billionaires quietly bankroll effort to shrink state’s social safety net is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Republican lawmakers reject proposal to help Wisconsin communities access federal grant programs https://wisconsinwatch.org/2023/07/republican-lawmakers-reject-proposal-to-help-wisconsin-communities-access-federal-grant-programs/ Fri, 07 Jul 2023 11:56:06 +0000 https://wisconsinwatch.org/?p=1280508

Gov. Tony Evers signs a budget that excludes his plan to help staff-strapped local governments track and apply for federal infrastructure dollars.

Republican lawmakers reject proposal to help Wisconsin communities access federal grant programs is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Click here to read highlights from the story.
  • Many of Wisconsin’s local governments lack staff capacity to track, apply for and manage grants that could fund infrastructure like upgrading drinking water systems or purchasing electric buses. 
  • Republican lawmakers rejected Gov. Tony Evers’ $960,000 proposal to address that issue, leaving it out of the two-year budget the Democrat signed on Wednesday. 

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Editor’s note: A previous version of the story referenced a grant Cassville obtained through the Bipartisan Infrastructure Law. We removed that reference after learning the village obtained the funding without a formal application, making the information irrelevant to this story.

Wisconsin’s small communities could obtain slices of the billions of federal dollars allocated for infrastructure and renewable energy projects, such as upgrading drinking water systems or purchasing electric buses.

But the Republican-controlled Legislature has rejected a recent proposal to help staff-strapped towns and villages circumvent the greatest barriers for bringing home such funds: the federal government’s time-consuming application and record-keeping requirements.

In his two-year budget proposal, Democratic Gov. Tony Evers pitched the creation of a five-person resource team to help local governments identify and apply for federal and state grants.

“This is a small amount of state money that can help local units of government access large amounts of federal funds,” Milwaukee Rep. Evan Goyke, the ranking Democrat on the state’s budget-writing committee, said during a June hearing. “And what those federal funds can do locally can be transformational, but those locals have to know the opportunity is there and they have to have the technical assistance.”

However, the GOP-controlled Joint Committee on Finance rejected the $960,000 measure along party lines before sending the budget to the full Legislature.

Evers on Wednesday signed the budget, vetoing 51 items from the $99 billion plan mostly authored by Republicans, including scaling back a major income tax cut and extending school funding increases for more than 400 years. But because the state grant team under his original proposal would have created new positions, Evers could not write them back into the budget with his veto pen.

Small communities struggle to manage grants

Wisconsin cities and villages, where the median population is about 1,500, often lack the staff capacity to track, apply for and manage grants.

“Wisconsin is a state of small towns. We need to recognize the limitations,” said Jerry Deschane, executive director of the League of Wisconsin Municipalities. “They simply don’t have a bunch of bodies sitting around waiting to do federal paperwork.”

In southwest Wisconsin, the village of Cassville, population 777, contracts with a local engineering firm for grant administration.

Keevin Williams, who retired as village president earlier this year after 27 years in public service, said grant applications and recordkeeping would be significantly harder to handle without outside assistance. A state team could be of great use to communities lacking that resource, he said.

But even for small municipalities that employ staff with expertise, federal programs aren’t always relevant to their needs.

“Much of the funding at the federal level tends to be for projects that we just don’t have,” said David Carlson, administrator of Lancaster, a city of 3,907.

He pointed to a recently announced program that seeks to increase connectivity in rural areas, funded under the Bipartisan Infrastructure Law, which allocated $550 billion dollars in new spending for water, transportation, energy and broadband internet projects. The rural connectivity program requires proposals to have a regional impact, according to grant criteria.

“Let’s face it, most small communities don’t have transportation projects that have regional impacts,” Carlson said.

Environmental lobbyists who backed the grant resource team found most lawmakers actually supported the proposal and observed a need for it within their own communities. But a majority on the Joint Committee on Finance nonetheless opposed creating additional government staff positions.

“It’s the very communities this was most supposed to help that are going to be most hurt by this rather political decision,” said Jennifer Giegerich, government affairs director with Wisconsin Conservation Voters.

Committee co-chairs Sen. Howard Marklein, R-Spring Green, and Rep. Mark Born, R-Beaver Dam, did not respond to requests for comment.

Ultimately, the communities and states that aggressively invest in staff capacity will be the ones that reap the federal funding, Giegerich said.

“My hope is that in the next year, there’s just gonna be so many opportunities coming down and so many communities in Wisconsin who are not able to take advantage of them, that legislators will see the error of their ways and hopefully include this in our next budget.”

This story is a product of the Mississippi River Basin Ag & Water Desk, an editorially independent reporting network based at the University of Missouri School of Journalism in partnership with Report For America and funded by the Walton Family Foundation. Wisconsin Watch is a member of the network. Sign up for our newsletter to get our news straight to your inbox.

Republican lawmakers reject proposal to help Wisconsin communities access federal grant programs is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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