Milwaukee city attorney 'changes mind' on piece of 'ICE OUT' legislation, delays vote

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MILWAUKEE (CBS 58) -- Milwaukee's Common Council continues passing items from its "ICE OUT MKE" legislative package while others get hit with a roadblock.

On Tuesday, as the Common Council was about to take a vote, the city attorney, according to City Clerk Jim Owczarski, sent word that "he needs more time to decide on its legality and enforceability," therefore, the item could not be voted on at the time.

The legislation, once backed by City Attorney Evan Goyke, relates to law enforcement identification. It looks to prohibit "law enforcement officers, when acting in an official capacity, from wearing masks or face coverings and requires that both agency and individualized identification be worn. It also requires that law enforcement vehicles clearly display agency identification." Undercover officers are exempt, as are face coverings when for "occupational health" and "hazardous conditions" such as bitter cold.

During the Common Council meeting, alders said the city attorney supported the legislation two weeks ago during a Public Safety and Health Committee meeting. That's why District 14 Alderwoman Marina Dimitrijevic said, "This is just alarming news to me... to get a last minute -- I don’t even know if this is an opinion, but a change of opinion, is not the way to do people's business. It's not fair, and it's gotta stop!"

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Alders asked for the city attorney to explain himself, but the city clerk said Goyke indicated that the issue "must be discussed in closed session."

District 3 Alderman Alex Brower said the situation is, "Really frustrating. I think this is coming from a place, from the city attorney's office, of wanting to make a legislation that is as legally enforceable as possible." He said he expects to hear from Goyke shortly about the change in opinion.

Nonetheless, Brower, one of the sponsors, says they will continue to push forward, ideally with help from the city attorney's office.

"I'm going to be arguing to colleagues and to the city attorney, and anyone who will listen pretty much, that we should do everything we can, even if it is entering a gray area where we don't know, can we enforce this, can we not? We should try, because the stakes are so high."

One piece of the "ICE OUT MKE" legislation passed on Tuesday -- a resolution prohibiting the use of city property for civil immigration enforcement activities. 

Additional resolutions are expected to go through the Common Council in the coming weeks.

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