Controversial rights measure approved by County Board

In front of a standing-room-only crowd and with a strong law enforcement presence to keep the peace, a divided  Ozaukee County Board approved a controversial “Protecting the rights of Ozaukee County residents” resolution Tuesday.

The resolution, which was the subject of 90 minutes of comments and debate, was alternately described as an important but straight-forward affirmation of the oath supervisors take to uphold the Constitution; a political ploy to bolster the Republican Party’s influence on the board and in the county; a show of support for people who believe they should not have to abide by laws they deem unconstitutional; and a “Trojan horse” for a Second Amendment Sanctuary resolution opposing gun laws and the enforcement of them.

Specifically, the resolution states “that no agent, employee or official of Ozaukee County in his or her official capacity shall knowingly participate, whether by act or by omission, in conduct that infringes upon any individual’s rights as expressed by the United States Constitution and the Constitution of the State of Wisconsin.”

Supr. David Irish of Cedarburg, a co-sponsor of the resolution, said the measure was drafted in response to concerns from constituents about the erosion of their constitutional rights, adding that it addresses all those rights, not just the ones protected by the Second Amendment.

“This is a constitutional rights resolution, not a constitutional right resolution,” he said. 

Supr. Joshua Haas, the other sponsor of the resolution, said, “This past year has been unprecedented,” adding that for more than a year the freedoms of Wisconsin residents have been curtailed by Covid-19 health regulations such as mask mandates and prohibitions against gatherings.

But Supr. Bruce Ross of Mequon, referring to recent efforts to prevent the County Board from considering issues it has no authority over, such as gerrymandering and state redistricting efforts, said constitutional rights also fall under that category.

“I’m beyond disappointed to debate something today that strains the definition of county business,” he said.

Ross said the county residents he spoke with who support the resolution “expressed a belief that they want the county to shield them from what they believe are the unconstitutional actions of Evers and the president,” he said, referring to Gov. Tony Evers and President Joe Biden.

At one point during the debate, Ross made a motion to postpone a vote indefinitely and instead just have supervisors take the oath of office again. The motion failed by a vote of 16-9.

Supr. Janette Braverman of Mequon called the resolution an attempt to further assert the power of the Republican Party over what should be a nonpartisan board.

“The underlying history and context by which this resolution was brought to the board deeply concerns me,” she said. “It was evident this resolution was pushed by those who support the views of the Republican Party.

“If this resolution passes, my fear is the Republican Party will continue to drive this board. We should not be supporting one party over the other.”

Braverman, the only Black county supervisor, said she would vote against the measure because it is politically motivated and because of “gun violence against people of color.”

Supr. Paul Melotik of Grafton, however, said the resolution does not promote a hidden agenda.

“It’s not a smoke screen as far as I’m concerned,” he said. “I don’t think this is partisan.

“This is about all of our rights, not just one.”

But Supr. Alice Read of Mequon said supporters of the resolution do, in fact, have an agenda, saying the measure is intended to provide “Trojan horse support for the group supporting Second Amendment sanctuaries.”

When the resolution was considered by the Executive Committee on April 6, Haas said he and Irish wanted to introduce a resolution similar to the one approved by the Fredonia Village Board last month — one declaring the village a Second Amendment sanctuary opposed to gun legislation and the enforcement of gun laws — but could not because it didn’t comply with a new county policy. That policy limits items on County Board agendas to those over which supervisors have authority.  

County Administrator Jason Dzwinel said the resolution recommended by the committee and approved Tuesday by the County Board is an adaptation of one adopted by Washington County and represents a compromise between the one favored by Haas and Irish and one that could be considered by the board.

The resolution approved in Fredonia was drafted by the Wisconsin Grandsons of Liberty, a group headquartered in Oak Creek that according to its mission statement believes “the United States is suffering from an excessive, overbearing, out-of-control government at all levels, intolerable taxation (without representation), asinine political correctness that stifles the public discourse and crushes personal excellence, and a disastrous decline into the nightmare of socialism that would physically sicken our founding fathers.”

Tim Dake of the Wisconsin Grandsons of Liberty told the County Board Tuesday that Evers’ Covid-19 heath mandates infringed on citizens’ rights by “punishing them for going to church” and that it is the responsibility of local government to defend those freedoms.

“You’ve seen sheriffs all across the state refuse to enforce government orders, and rightfully so,” he said, presumably referring to mask mandates and prohibitions against gatherings. “This resolution is a start. It’s a line in the sand.”

A Saukville woman who spoke in favor of the resolution said supervisors could gauge support for the measure by the majority of people crowded into the county boardroom gallery who were not wearing masks.

“Look at them,” she said. “They are all packed in this room without masks because they love their freedom.”

A pregnant woman who waited in the hallway until called upon to speak said she is so opposed to the resolution that she decided to attend the meeting even though she risked her health by doing so because so many people standing and sitting shoulder to shoulder were not wearing masks.

Several county residents who spoke said the Constitution is under assault.

“If you vote no, you’re saying you don’t see us, you don’t know us and you’re willing to sit on the sidelines as our beloved Constitution is being assaulted,” Shelly Skorik of Cedar Grove said. 

But Brittany Vulich spoke about how she was participating in a Black Lives Matter rally in Port Washington in summer when counterprotesters armed with rifles and handguns and wearing body armor disrupted the rally and infringed on the rights of those who were there to support the movement.

Vulich said among the counterprotesters were people who are now members of the Patriots of Ozaukee County, which is also a driving force behind the county’s constitutional rights protection resolution.

The recently formed group that reports 284 members refers to them as “modern day Minutemen” on its website.

“We believe we are at a tipping point for our country and there needs to be a counter movement to the very motivated, organized and well-funded efforts of the radical ideologies,” according to the Patriots of Ozaukee County website. “In no way do we condone violence; however, we are in a battle with forces that want to impact our freedoms, rights and pursuit of happiness. Are you ready to jump off the couch and attend a school board meeting or stand in front of a business that is being threatened because of their political beliefs?”

Referring to the county resolution, Vulich called it a “smoke screen and an attempt by supervisors in cahoots with the Patriots to exert influence over the board.”

The board voted 16-9 to adopt the resolution.

Supervisors voting in favor of it were Tom Winker, Haas, Barbara Jobs, Lee Schlenvogt, Donald Clark, Rick Nelson, Dan Becker, David Larson, Tom Grabow, Paul Melotik, Marty Wolf, Donald Korinek, S. Scott Rishel, Christopher Duecker, Irish and Gus “Sandy” Wirth.

Voting against it were Suprs. Tom Richart, Ross, Patrick Marchese, Justin Strom, Rob Holyoke, David Henrichs, Braverman, Read and Natalia Minkel-Dumit.

Supr. Kathy Geracie was not at the meeting.