Judge temporarily blocks Milwaukee police's 15-day video release policy from taking effect

A Milwaukee County judge Friday temporarily blocked the city’s recent 15-day video release policy for police shootings and other incidents from taking effect.

The temporary injunction, granted at the request of the union representing Milwaukee’s rank-and-file police officers, will last until at least June 28 – the next scheduled court hearing in the union’s effort to declare the video release policy unlawful.

The union – the Milwaukee Police Association – is arguing in court the city did not properly follow its collective bargaining obligations to meet and confer with union officials prior to implementing a change in policy that affects working conditions. Attorneys with the union said the policy violates officers’ rights to due process, privacy and other concerns.

The city has countered that the policy does not affect working conditions because it only speeds up the time to release footage and contains privacy and safety protections for the officers involved. They characterized it as a public policy issue more appropriate for public debate, rather than closed-door meetings with union officials.

Friday’s hearing were quickly arranged after two nonfatal police shootings occurred on Milwaukee’s south side May 5. The union argued a temporary injunction was necessary until the court could ultimately rule on the collective bargaining issue.

“While the Milwaukee Police Department is not a party to this case, we respect the authority and decision of the Court to issue the injunction of the video review policy today, thereby allowing the Court adequate time to render a thoughtful and legally sound decision,” Heather Hough, the chief of staff for the department, said in a statement.

The ruling was made by Judge Frederick C. Rosa.

Community was excited over new policy

Although the decision is a setback for the city, it’s not clear whether it is a signal that the policy is likely doomed or otherwise. Before making his decision, Rosa said he thought both the city and the union presented compelling arguments that need to be made “more fully” before an ultimate decision is reached about the policy’s validity.

The policy was approved in April by the city’s Fire and Police Commission, one of the oldest and most powerful civilian oversight boards of police departments in the country.

Backed by state law to create policies for the chief of police to implement, the commission spent more than a year crafting a policy requiring police to publicly release footage of critical incidents – police shootings and in-custody deaths, for example – within 15 days. Family of those killed by police are to be given access to the footage within 48 hours.

The move was met by celebration from activists who had pushed the commission to institute a policy that would quicken the release of such footage. At the organizing of the Milwaukee Alliance Against Racist and Political Repression, dozens of Milwaukeeans urged the commission to go through with the changes for months during public comment at their biweekly meetings.

Police had no previous policy on the books

Previously, Milwaukee police had no standard operating procedure governing how footage of critical incidents were released. The department instead operated under a stated goal of releasing footage within 45 days – which was not always met.

There is wide variation in how police release body camera footage of police shootings and similar incidents.

California recently passed a law mandating police release such footage within 45 days, while in North Carolina, body camera footage is not released without the approval of a judge.

Policies from other major police departments in Chicago, Las Vegas, New York and Washington D.C. vary between as little as 72 hours to as long as 60 days.

Judge encourages city to resume 45-day timeline

It is not clear what exactly Friday’s decision means regarding the two police shootings on May 5. Although they were nonfatal, the Police Department confirmed at the time they still applied to the policy approved in April by the Fire and Police Commission.

The Police Department did not immediately have an answer Friday.

Rosa, however, encouraged the city to resume its previous practice of voluntarily releasing footage within a 45-day goal-oriented timeline.

The shootings were reported in the late evening May 15 after crowds had formed in celebration of Cinco de Mayo on the 1200 block of South Cesar Chavez Drive. Police Chief Jeffrey Norman said officers were trying to disperse the crowds when “celebratory” gunshots occurred.

It created a chaotic scene, according to footage captured by bystanders and nearby security cameras.

Police shot and injured a 22-year-old Greenfield man and a 17-year-old Milwaukee boy. Two officers – both men with seven years of service, ages 33 and 40 – were placed on administrative duty, which is routine.

Charges relating to gun possession and recklessly endangering safety were filed against the 17-year-old Friday, the Milwaukee County District Attorney’s Office announced. Charges relating to the 22-year-old were still pending.

Contact Elliot Hughes at [email protected] or 414-704-8958. Follow him on Twitter @elliothughes12.

This article originally appeared on Milwaukee Journal Sentinel: Milwaukee police's 15-day video release policy temporarily blocked