Hmmm, City digs itself a hole.

Yeah, watch them scramble over the discriminatory bar policies they “support” but did not encourage. This is one of the goofier email strings I’ve been openly given, without request, since I’ve been off the council. Normally, I wouldn’t use this info in this kind of way, but they are sooooooooo wrong (and obnoxious) on this issue. It’s good for people to see how they operate every once in a while. I got so sick of this kind of behavior when I was an alder. And of course, people never saw it, so I looked like the obnoxious one.

So, I asked the mayor about his comments on the bars requiring driver’s licenses or passports as ID, and not allowing State ID’s to be used. This policy of course, has an disparate impact on people of color (over 50% of black males in Wisconsin don’t have driver’s licenses) and of course people with disabilities who can’t drive. The policy itself is discriminatory. The impact is felt heavier by some protected classes than others – it has the impact of discriminating against protected classes based on the way it is written. It’s still discrimination. It’s pretty basic. The mayor pretty much agreed that he’s worried about how it would be implemented.

So, here’s some of the city’s responses, like I said, that were just sent to me, without request.

First of all, I was on Sly’s show yesterday morning and apparently Joel DeSpain was listening and he sent me this:

Greetings,

The MPD did not encourage bars to adopt this. I was asked by a reporter about this situation. I consulted Capt. Carl Gloede, and passed onto the reporter the gist of what Capt. Gloede told me: a couple we bars evidently adopted this policy. Some other bar owners asked us (the MPD) what our thoughts on this were. We (according to Capt. Gloede) told them (the bar owners) they could do this. However, let me repeat, because I heard Brenda Konkel on WTDY say this a short time ago: We did not encourage this. Our interest is keeping underage people out of bars, but it is the bar owners who have made these changes, again, not at our urging.

Regards,
Joel DeSpain

Ok, I get it, they supported it, but not encouraged it.

Meanwhile, in one of the emails that got forwarded to me, we have the city attorney saying that this is indeed a problem.

Mayor:
I am concerned about this new policy, particularly if it was started at the City’s urging. If applied even-handedly, persons with disabilities (blind) would be kept out of bars. I already got a call from a lawyer who is blind asking me if this was a City ordinance.

Obviously, there is also the issue of disparate impact on minorities.

I would like to find out how this came about. Technically, it isn’t our problem because private entities adopted the policy on their own, apparently. But the City was dragged into the lengthy litigation over drink specials a few years ago because that policy was adopted at the urging of the City.

We should talk about what, if anything, the City should do.

I do not intend to respond to Ms. Konkel.

MPMay
City Attorney
Madison, Wisconsin

Although I didn’t see that in the bottom of one of the strings, I did say to Joel DeSpain

I see Roger cc’d on the email, he used to staff the EOC, perhaps he can inform you of the protections in place for public accommodations. I expect there will be complaints and maybe even law suits over this one. Perhaps you want to rethink “supporting” this?

I got a rare response from the usually obstructionist and belligerent Chief Noble Wray.

Brenda I responsible for MPD policy not Asst. City Attorney Allen
Thanks Chief Wray

Laws be damned, I guess. They apparently don’t apply to him.

Joel DeSpain, on the other hand, was a total human being and nice guy, just trying to do his job. Thanks Joel.

We said they (the bar owners) – legally – could do this. The reporter chose the word “support.” If you read the article, there is no direct quote from me.

If you would like to talk to me about this, please call: 266-4897.

I just want to make sure what I have said is being reported accurately.

I have spent most of my life – as a reporter, as a spokesperson, and as a human being – trying to make sure all people are treated equally.

Regards,
Joel

So Chief Wray cut him off at the knees.

All future comments on this issue ref. MPD policy should be directed to me

Ok, so I couldn’t let it go, I had to ask about the black and homeless dumpster diving.

His response:

As I was very clear with you on the Council floor last Tuesday I advised you that I would look into it, I discussed this with Asst. Davenport the next day for follow up. I am out State right now and will get back to you.

If he follows his typical pattern, he’ll demand an in person meeting and refuse to put anything in writing or give me any written information. He’ll bring a bunch of uniformed officers and one “good cop” that I get along with, he’ll try to intimidate me and tell me I just don’t understand policing (I have a degree in Criminal Justice and went to law school) and he will trash the people involved instead of talking about the policy. Then, ultimately, when the “good cop” is unsuccessful in convincing me, he’ll make it clear that he makes the rules. Swell guy. I can’t tell if he just hates me, can’t stand being challenged, or hates women in general, but its clear that women do not rise to top ranks in his department so I conclude it may be a little more of the latter.

There chew on that for a while.

Oh, and for the record, obviously I have no great love for the way the chief operates, but that doesn’t mean there aren’t good people in the police department – sometimes suppressed/oppressed under the para-miliary style of management. I miss Chief Couper and true community policing. Every time I hear the chief talk about trust-based policing I want to barf.