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KENOSHA COUNTY CIRCUIT COURT

Citations dismissed for those who contested emergency curfew violations issued during August 2020 protests

Tickets for curfew violations issued during unrest in Kenosha last August have been dismissed for those who contested them in court, a judge finding they were improperly prosecuted.

Kenosha Circuit Court Judge Jason Rossell on Friday dismissed tickets issued to about two dozen people. He had in July dismissed tickets for three others who were contesting the tickets issued for curfew violations during protests and unrest following the shooting of Jacob Blake by a Kenosha Police officer on Aug. 23, 2020.

According to the American Civil Liberties Union of Wisconsin, 94 people were arrested for violating the curfew that Kenosha County Sheriff David Beth declared from Aug. 23 through Sept. 2. Many of those ticketed spent more than a day in jail after they were arrested. While some of those ticketed likely paid the $200 fine or failed to show up to court, others have contested the arrests.

There is a federal lawsuit challenging the arrests, that suit alleging that the curfew was selectively imposed against people who were protesting the Blake shooting, while counter-protesters and armed militia in the city after curfew were not arrested. Those who had tickets dismissed Friday had asked for a stay in their case until the federal case is decided. The three who were dismissed in July had directly contested the citations in circuit court.

“The crux of the matter surrounds the Kenosha County Sheriff’s authority to declare a curfew,” Rossell states in his opinion issued in July.

The defendants in the case challenged Beth’s ability to declare a curfew under state statute, citing state law that confers that ability on the governor or on local government like a city council or county board.

Rossell stated that he found Beth did have the authority to declare a curfew, but that the tickets were issued citing a violation of a state statute that limits imposition of a curfew to the governor and local government bodies.

“The sheriff was not engaged in activities under (the cited statute) and therefore the citation cannot be sustained and must be dismissed,” Rossell wrote.

A prosecutor argued Friday that because Gov. Tony Evers had declared a state of emergency in the wake of the Blake shooting, the sheriff had authority to issue the curfew as part of that declaration. Rossell disagreed.

The judge said the state could move to reissue tickets under another statute.

Kenosha District Attorney Michael Graveley said Monday that his office is working with the Kenosha Police Department, which he said issued the tickets, in making a decision on whether they will pursue new citations. “We’re in consultation with them to figure out what, if anything, will happen next,” Graveley said.

Defense attorney Deja Vishny, who represented a number of those who appeared virtually for court Friday, said she believes the tickets targeting protesters were unconstitutional, and said they would continue to fight them if they were reissued under a separate statute.

“We don’t believe the citations were constitutional. We don’t believe the sheriff has the ability to declare a curfew unilaterally,” Vishny said. “It violated people’s First Amendment rights and it was enforced in a blatantly discriminatory manner.”

Police officers in riot gear move out from the Kenosha County Courthouse toward protesters gathered at Civic Center Park on Tuesday night, Aug. 25, 2020. A curfew was among the tools used to clear the parks.

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