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Bar Lawsuit: Coloring it WHITE

Posted: September 23, 2015 in The Film

Here is a clip of the City of Racine approving a Bar license for a Minority Bar Tinta / Park 6 in 2007

Even before the business was given a license to operate multiple restrictions were placed on the business.

City of Racine Alderman closed Park 6 and took his license for: Over use of police service, disturbing neighbors, street fights. After taking his license in 2011 the City of Racine also took Thomas Holmes ( Park 6 ) to civil court as a nuisance property.

The racial overtones of the PSLC’s selective enforcement process are made clear in the language used in revocation hearings and the side agreements. Because it is no longer officially acceptable to discriminate on the basis of race, efforts to excise racial populations must be made through coded language and race-blind attributions. Aaron Roussell, Ph.D.

Kenny’s Bar

At the same time Kenny’s Bar was approved for a License to operate a Bar.( 2007 )

No restrictions were place on Kenny’s Bar when it opened.

But having multiple incidents, including several shootings, as well as fights and noise complaints. License continues to be renewed, despite highest call load of any bar in Racine.

Kenny’s Bar remains in business.

JT. Kenny’s owner, Kenneth R. Meyer, was called before the committee after patrons of the bar — some of them underage — were charged in drunken driving incidents that killed two people and seriously injured others

Public Safety and Licensing Committee members had been expecting to hold a due process hearing later this week when they learned Tuesday that the city’s attorney in the case Kenneth E. Rusch, and Meyer, had reached a “side agreement.”

http://journaltimes.com/news/local/kenny-s-may-avoid-due-process-hearing/article_48752670-bbbf-536c-bb50-421a447bbec4.html

Aaron Roussell, Ph.D. states from his report:

Relying on the information I have received and reviewed, based on calls for service, taverns owned by Whites and catering to White clientele had 13% more violent calls than minority owned taverns whose licenses were revoked. It is clear that White taverns with serious violence issues were not subject to license revocation, while those in the downtown core that catered to young minorities were driven out of downtown through revocation and hamstrung by side agreements.

Moreover, and again based on the information I have received and reviewed, the White taverns minority owned taverns had five times the reported complaints as White taverns in terms of noise and crowd calls, but two-thirds of those were determined to be unfounded; conversely, in White taverns, the complaints were founded over 50% of the time. Interestingly, both the license-revoked minority owned taverns and all minority taverns considered together had five times as many unfounded calls as the White taverns.

The extreme discrepancy between founded and unfounded implies differences in perception. The assessment of the desirability for any given tavern’s clientele appears to be based on race. When pressed for how they could tell from which taverns the disturbing crowds had emerged, the City’s witnesses at Ginger’s due process hearing indicated race and youthful clothing as the primary means.

For example, one witness was asked how she could tell where the people that disturbed her at night came from:
A: Ginger’s has a different crowd, a different clientele…. …

Q: Describe for me how you know that they are different

. A: They are younger, they are black, they are Mexican, the way they dress, the way they talk…That is not the clientele from Evelyn’s, not the crowd from Ricky’s, it is not the crowd from Ivanhoe’s…

Q: One of the problems you have with this crowd is that it is predominantly Mexican or—

A: I don’t have a problem with the type of crowd, I have a problem with how loud they are, how obnoxious they are, the screaming, the yelling. If they didn’t do that and would leave the bar like normal people do…
Not only does the City’s witness clearly state that her complaint is based on race, but she also determines that “normal people”—that is, people who are not “black” and “Mexican”—do not comport themselves in such a manner.

“Doth Protest to Much, Methinks”

Posted: September 19, 2015 in The Film
Tags: City of Racine, Racine Bar Lawsuit

1602 play Hamlet by William Shakespeare.It has been used as a figure of speech, in various phrasings, to indicate that a person’s overly frequent or vehement attempts to convince others of something have ironically helped to convince others that the opposite is true, by making the person look insincere and defensive

h. Deposition testimony from Penny Sharp that Mayor Dickert said “These niggers need to go back to Waukegan because they are disturbing the revenue here in Racine from the lake, from our vacationers at the lake.” (Id. at 19-20).

Dickert told 620 WTMJ. Dickert explained that he has proof that slurs were not used.
DECLARATION OF JOHN DICKERT
______________________________________________________________________________
Pursuant to 28 U.S.C. § 1746, John Dickert declares as follows:
1. I am an adult resident of the City of Racine, Wisconsin.
2. I am the Mayor of City of Racine. I have been the Mayor of the City of Racine
since May 19, 2009.
3. I have reviewed the deposition transcript of Penny Sharp. From reviewing that
transcript, I am aware that Penny Sharp claims that sometime in January 2011 at a meeting of the
Democratic Party for the City of Racine held at the Union Hall located at 1840 Sycamore
Avenue, Racine, Wisconsin, I made a racially derogatory statement toward African-Americans
from Waukegan, Illinois (a statement which I am choosing not to repeat for purposes of this
Declaration).
4. I categorically deny ever making any such statement either at that time or any
other time. I do not use the word that Ms. Sharp ascribes to me and would never do so. It is
most definitely not in my vocabulary. I have many friends who are African-American and
personally worked on President Obama’s campaigns. I have worked hard as Mayor of Racine
Case 2:14-cv-00208-JPS Filed 02/23/15 Page 1 of 2 Document 121-2
2
1473785.1
on many initiatives in the City that were intended to improve the lives of minorities in this City
and improve race relations.
5. One example of such initiatives is the Pastoral Program that I created. The
pastoral program is a housing project/partnership with churches in the City of Racine designed to
rehabilitate homes and build new houses near the participating churches. We work with the
churches and local groups like First Choice pre-apprenticeship to train local residents on how to
do basic rehabilitation work. Once the house is rehabilitated or built, it is then sold to a local
first time home buyer, preferably a congregant from the participating churches.
6. Ms. Sharp has a long history of being outspoken against me and supporting my
opponents for the Office of Mayor in every mayoral election, including my current efforts to get
reelected to office. Her dislike for me apparently stems from an interaction I had with her
husband, Scott Sharp, who is a former president of the local union, over a labor contract with the
City. At that time, Mr. Sharp was seeking from me concessions for himself personally in the
contract negotiations. I rebuffed his efforts because I was not negotiating the contract for the
City (that is the role of the City Attorneys’ Office) and his proposal was entirely improper.
7. I find the accusation by Ms. Sharp despicable and reprehensible and believe her
testimony is politically motivated.
I declare under penalty of perjury that the foregoing statements are true and correct.
Executed this 23rd day of February 2015 in Racine, Wisconsin.
/s John Dickert
John Dickert

Who Targeted Thomas Holmes?

Posted: September 16, 2015 in The Film

Who instructed the Racine Police to Target Thomas Holmes?

The City of Racine, i.e City Hall, moved in an action, UNDER THE COLOR OF LAW to close down Park 6. In doing so, one of the chief Actors, Chief Kurt Whalen submitted a complaint, but would not swear to it. Chief Kurt Whalen knew the law, and didn’t want to commit perjury – the City Attorney approved the action anyway, and it the action commenced – despite having a fatal flaw. The gamble was that Thomas Holmes would not see that flaw, and allow the action to proceed. That action was challenged in a court of law, and overturned. NOW we have a situation, where, a number of City of Racine officials CONSPIRED to deprive Thomas Holmes of his property and rights.

On March 08, 2011

RACINE – A Downtown nightclub owner is expected to get his liquor license back after a judge granted a temporary injunction against the city Tuesday.Kenosha Circuit Court Judge Bruce Schroeder granted the temporary injunction

The judge’s final decision on Holmes’ appeal is not expected for at least another two months until both attorneys file their arguments.

http://journaltimes.com/news/local/park-to-get-liquor-license-back/article_09cebcf8-49ec-11e0-beea-001cc4c002e0.html

Bobot, Holmes Attorney said publicly, and in court documents, that he believes the city should not have held the hearing because Racine Police Chief Kurt Wahlen did not file a “sworn” complaint against Holmes to prompt the due process hearing. That wasn’t enough to stop the process, according to city officials.

Was there discussions between the Racine City Alderman and Mayor to instruct the Police Department to begin targeting Thomas Holmes and Park 6 patrons after the Kenosha WI. judge reinstated this liquor license?

Why was the window incident never investigated?

Racine Police Department Emails March 9, 2011

Racine Police Targeting Park 60001

Racine Police Targeting Park 60002

“U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.”

City of Racine officials have acted UNDER THE COLOR OF LAW and applied two standards to liquor license holders, based on race – which is a crime. These Officials have unlawfully deprived people of their rights and property, destroyed businesses and livelihoods.

Bar Lawsuit: HOW TO WHITEWASH A BLACK MAN

Posted: September 14, 2015 in The Film

Letters, emails, news articles: substantiate targeting of a BLACK MAN

On September 21, 2010 the Headlines reads on Racine Post ( A Local Racine WI. News Blog )

“JT readies story on city’s case against Park 6”

Why did the Racine Journal Times Never Publish This Story?

From Racine Post September 21, 2010:

The Journal Times is ready to publish a story tomorrow investigating the city’s case in favor of revoking the liquor license the controversial night club Park 6. NO STORY WAS EVER PUBLISHED

People interviewed for the story say the newspaper acquired emails from city officials talking about Park 6. The emails suggest the city had made up its mind early on about suspending the Sixth Street club’s license instead of revoking.

The story may also focus on email comments made by members of the City Council’s Public Safety and Licensing Committee, including some comments that may be embarrassing in public.

Here are two emails from the City of Racine server.

Alderman Kaplan States ” Where will all the naughty youngsters go next“.

Alderman Helding States: Thanks for the information. I was out observing the area late Saturday. I sure hope most of the women I saw DO NOT wear bikinis. We would probably run out of ticket books writing indecent exposure citations.

Alderman Kaplan email before due process on Park 6 clientele.

Alderman Helding Commenting on Park 6 Clientele

The crux of the article, expected to hit tomorrow, is the city’s case against Park 6’s liquor license. Park 6 owner Thomas Holmes, and his attorney, claim at least half of the city’s claims against the bar can be refuted. For example, two underage drinking tickets tied to the bar were tossed out of municipal court.

DUE PROCESS: Fair treatment through the normal judicial system, especially as a citizen’s entitlement.

Why were these underage drinking tickets tossed out of municipal court? Emails to Chief Wahlan from Charles Weitzel, cc Arthel Howell, David Semtana discussing the underage drinking citations to Thomas Holmes and Park 6.

email referred to in City Attorney Letter0001

email referred to in City Attorney Letter0002

Below is a letter from Holmes’s Attorney Maistelman to Attorney Binger hired by the City of Racine to conduct the due process hearing on Park 6. Also addressed in the letter is City of Racine Attorney Weber.

Letter to City Attorney0001

Letter to City Attorney0002

Letter to City Attorney0003

The city also claimed Park 6 was responsible for fights on Sixth Street early one morning, but Park 6 had closed two hours before the fights occurred. Look for the JT’s investigation to hit tomorrow’s paper.

http://racinepost.blogspot.com/2010/09/jt-readies-story-on-citys-case-against.html

But on September 07, 2010 The Racine Journal Times did write an article on the subject of the Park 6 due process and Alderman Maack explains why there was no due process hearing:

Council OKs Park 6 agreement

Alderman David Maack of the 5th District and who also serves on the committee, said some business owners were afraid to come forward to testify at a due process hearing last month because they feared retribution. That made it difficult for the city to build a case to revoke Holmes’ license. It could make it difficult to get people together to discuss long-term solutions, Maack said.

Maack said members of the committee felt there was hope they could resolve some of the issues on Sixth Street by working out the arrangement with Holmes.

http://journaltimes.com/news/local/council-oks-park-agreement/article_07770ff0-bb03-11df-b900-001cc4c03286.html

But not only Racine City Hall, The Racine Journal Times and the Racine Police Department the Racine Downtown Corp. (DRC) was helping Whitewash The Black Man.

Emails downtown Racine Corp. Bid Board #1

Emails Downtown Racine Corp Bid Board #10002

Even the Neighbors helped the City.

.Emails from H&W to Ald. Jeff Coe

NOTE: There were other e-mails that showed “racial or ethnic bias, as well as other forms of bias,” “Holmes vs City of Racine” but only these are included. There are 350 additional emails yet to be released. There was not any suggestion that anyone involved in these e-mails were disciplined, nor were the e-mails reported or the people who sent them asked to stop. “

They Challenged Corruption and Racism

Posted: September 11, 2015 in The Film

When several minority businesses in the mid sized Midwestern town of Racine, WI realized City Hall was picking a fight with them individually, they banded together and became an unstoppable force.

View the film at http://www.patternorpractice.com

Racine Bar Lawsuit: Racine WI. alike Furguson MO ?

Posted: September 10, 2015 in The Film

Dickert told 620 WTMJ. Dickert explained that he has proof that slurs were not used.

Compare Ferguson MO. Justice Report to Racine WI. Holmes vs City of Racine Discovery of Evidence

From Ferguson Report: November 2008: An e-mail said President Obama would not be president for very long because “what black man holds a steady job for four years.”

From Racine Alderman: . E-mail from Wisneski containing the following joke: “[a] black guy, an illegal alien, a Muslim and a communist walk into a bar. The bartender asks ‘What can I get you Mr. President?’” (Id. at 21).

From Ferguson Report: A December 2011 email included jokes playing on offensive Muslim stereotypes

From Racine Police Chief: Wahlen’s e-mail to Officer Robert Purdy in which he refers to him as “Mumbai Bob” and asks “[a]re you now wearing one of those towels on your head?” (Id. at 21).

From Ferguson Report: October 2011: An email included a photo of a group of topless, dancing black women, seemingly in Africa, with the caption: “Michelle Obama’s High School Reunion.”

From Racine Alderman: E-mail from Helding to Maack in which he stated “Being an official, I feel like I have to restrain on Facebook. Here is my comment on the Gnome. ‘They combine ghetto and trailer trash in a way that hasn’t been seen since Eminem.’” (Id. at 21).

More Racine emails at: https://patternorpractice.com/2015/09/01/new-emails-happy-hunting/

Racine Mayor John Dickert Said:

Mayor Dickert and other city officials who have been sued are now saying they never said those words. They say they never typed the words — and they say they can prove it. “Let’s be clear — what they did as I understand it, they were going to do a search for certain words,” Mayor Dickert said. “To date, according to our attorneys, they have found nothing relevant to those words being utilized in any of the documentation,” Mayor Dickert said. http://fox6now.com/2015/02/24/racist-words-found-hundreds-of-times-on-city-of-racine-computers-so-how-were-they-used-and-by-whom/ Racine mayor calls lawsuit accusing him of targeting minority business owners ‘reprehensible’“The allegations I heard today were not only ugly and vicious but false and insulting,” Dickert told 620 WTMJ.Dickert explained that he has proof that slurs were not used February 19, 2015 http://www.scrippsmedia.com/tmj4/news/Racine-Mayor-calls-racial-lawsuit-reprehensible-292740981.html

Ferguson Mayor James Knowles said:

“This type of behavior will not be tolerated in the Ferguson Police Department or any other department,” Knowles told reporters a few hours after Attorney General Eric Holder slammed the city for a “highly toxic environment” of racism and misconduct. “We must do better not only as a city, but also as a state and country,” said Knowles, who took no questions. Mayor James Knowles said later Wednesday that one police employee had been fired and two others were on administrative pending an investigation of the emails. NBC News

US Attorney General Eric Holder speaks on Fugerson MO.

Holder said the systemic problems in Ferguson went far beyond just the police department. A trove of work emails from not only police but also other city officials revealed “racist comments or gender discrimination, demonstrating grotesque views and images of African Americans in which they were seen as the ‘other,’ called ‘transient’ by public officials and characterized as lacking personal responsibility,” he said.

The Justice Department report further denounced the emails as unequivocally derogatory, dehumanizing and demonstrative of impermissible bias.” It found that none of the officers or court clerk employees who wrote them was ever disciplined. Senior Justice Department officials said some of them, in fact, were still employed by Ferguson. NBC News

RACINE BAR LAWSUIT: CAN’T FIGHT CITY HALL?

Posted: September 9, 2015 in The Film

CAN’T FIGHT CITY HALL?

by Dr. Ken Yorgan
Like hell you can’t! When several minority businesses in the mid sized Midwestern town of Racine, WI realized City Hall was picking a fight with them individually, they banded together and became an unstoppable force.

Encouraged by the emotional support of a few non-minorities, and the faith of a small legal firm that believed in defending civil rights, they challenged corruption and racism that was so entrenched it was unable to recognize its own perversity.

You can’t put a price on justice, but the cost of investigating and organizing a case of this magnitude is measurable. 4.5 million and counting, and another 2 million for the defense. After a year of preparation, the case outgrew the capacity of the Milwaukee firm of Kohler and Hart and the nationally prominent Chicago firm of Segal, McCambridge joined the team.

City aldermen were puzzled by how this ragtag bunch of minority businessmen, (that they had literally run out of business), could bankroll such an effort. It wasn’t easy, one family mortgaged their home, while others scraped together funds from what they earned in relatively meager jobs. Of course this wasn’t anywhere close to enough and faith in the cause on the part of the two dedicated law firms was necessary to get this case filed in federal court.

Failed motions and appeals by the defense litter the path to trial, which is scheduled for mid-November 2015. Judge John P. Stadtmueller of Wisconsin’s Eastern District has patiently reviewed them, then set them aside, diligently pursuing the truth of what transpired in this cold hearted little city.

And it could get worse for the bullies. Attorney Dan Sanders (of Kohler & Hart, a former FBI prosecutor) believes there is a RICO case beyond the civil rights complaint.

Can’t fight City Hall? Well, it turns out, you can. Just show up with the facts, and a few good friends to back you up.

ไม่ต่อสู้ศาลา

โดยดร.เคน Yorgan เหมือนนรก ไม่สามารถ เมื่อธุรกิจชนกลุ่มน้อยต่าง ๆ ในตัวกลางขนาด Midwestern เมืองของ Racine, WI รู้ศาลาว่าการเมืองได้รับการต่อสู้กับพวกเขาแต่ละ พวกเขาแถบด้วยกัน และกลายเป็น กองทัพผ่านพ้น

รับการสนับสนุน โดยการสนับสนุนทางอารมณ์ของกี่ไม่คมิ และความเชื่อของบริษัทกฎหมายเล็ก ๆ ที่เชื่อในสิทธิพลเมืองปกป้อง พวกเขาท้าทายความเสียหาย และเหยียดที่ entrenched ดังนั้นก็สามารถจดจำตัวเอง perversity

คุณไม่สามารถกำหนดราคายุติธรรม แต่เป็นการวัดต้นทุนของการตรวจสอบ และจัดระเบียบกรณีและปัญหาของขนาดนี้ 4.5 ล้านนับ และอีก 2 ล้านสำหรับการป้องกันการ หลังจากปีเตรียม กรณี outgrew กำลังการผลิตของบริษัทมิลวอกีของโคห์เลอร์และฮาร์ท และบริษัทชิคาโกผลงานเด่นของ Segal, McCambridge ร่วมทีม

เมือง aldermen ได้พิศวง โดยวิธีนี้ ragtag พวงของชนกลุ่มน้อยนัก, (ที่พวกเขาได้อย่างแท้จริงทำงานออกของธุรกิจ) สามารถ bankroll ความพยายาม มันไม่ได้ง่าย ครอบครัว mortgaged บ้าน ในขณะที่ผู้อื่นขูดกันเงินจากสิ่งที่พวกเขาได้รับในงานค่อนข้างไม่เพียงพอ แน่นอนนี้ไม่ได้ใกล้เพียงพอ และความเชื่อในสาเหตุในส่วนของบริษัทกฎหมายเฉพาะสองไม่จำเป็นต้องได้รับคดีนี้ในศาลรัฐบาลกลาง

เคลื่อนไหวล้มเหลวและอุทธรณ์ โดยป้องกันการทิ้งขยะทางการทดลอง ซึ่งมีกำหนดการกลางพฤศจิกายน 2015 ผู้พิพากษาจอห์น P. Stadtmueller ย่านตะวันออกของวิสคอนซินได้ทนทานนั้น นั้นตั้งไว้ หมั่นใฝ่หาความจริงของสิ่ง transpired ในเมืองน้อย hearted เย็น

และมันอาจทรุดสำหรับ bullies แซนเดอร์ส์ด่านทนายความ (ของโคห์เลอร์คุ้มค่าฮาร์ท พนักงานอัยการ FBI ที่อดีต) เชื่อว่า มีกรณีเปอร์โตริโกเกินร้อง rights แพ่ง

ไม่สามารถต่อสู้กับศาลาว่าการเมืองหรือไม่ ดี แต่มัน คุณสามารถ เพียงแสดงข้อเท็จจริง และเพื่อนที่ดีไม่กี่คุณสำรอง

Correction : Racine Journal Times Emails – Evidence

Posted: September 8, 2015 in The Film

Correction:

A previous article stated there were 18 email exchanges between the City of Racine and the Racine Journal Times in the Holmes vs City of Racine lawsuit (discovery of evidence). There are actually 20, we apologize for the mistake. In addition there are also 5 emails to the Milwaukee Media, including Jenna Sachs FOX 6 and Cody Holyoke WTMJ (Channel 4)

1/14/14 Email from Greg Helding to Janna Sachs (COR00263959-00263960)

10104/11 Email from Greg Helding to Cody Holyoke (COR00266215)

10/04111 Email from Cody Holyoke to Greg Helding (COR00266215)

10/03/11 Email from Greg Helding to Cody Holyoke (COR00266215)

10103/11 Email from Cody Holyoke to Greg Helding (COR00266216)

12/06/11 Email from Paul Sloth to Aaron Wisneski (WISN00002044)

12/06/11 Email from Aaron Wisneski to Paul Sloth (WISN00002044)

During the discovery process in the civil rights lawsuit Holmes vs City of Racine there were 18 email exchanges between the City of Racine and the newspaper, The Racine Journal Times. These emails have shown up on the list to be used as exhibit evidence at trail. These are not random emails the plaintiffs attorneys have submitted, these emails are exhibit / evidence to be used at the Holmes trail. Plaintiffs have long felt the Racine Journal Times has been working with the City of Racine to close their bars down.

7/11/11 Email from Janice Johnson Martin to Christine Won

01104/12 Email from Paul Sloth to Aron Wisneski et a1. (WISN00002077)

01/04112 Email from Aron Wisneski to Paul Sloth et a1.

06/16/11 Email from Paul Sloth to Aron Wisneski (WISN00002044)

06/16/11 Email from Aron Wisneski to Paul Sloth (WISN00002044)

03/11/11 Email from Aron Wisneski to Paul Sloth (WISN00002012)

03/10/11 Email from Paul Sloth to Aron Wisneski (WISN000020 12)

Email from Aron Wisneski to Christine Won (WISN Email from

Email from Christine Won to Aron Wisneski (WISN00002028)

12/05/13 Email from Greg Helding to Cara Spoto (COR00264204)

12/06/13 Emails from Greg Helding to Cara Spoto (COR00264158)

12/06/13 Email from Cara Spoto to Greg Helding (COR00264158)

12/06/13 Emails from Cara Spoto to Greg Helding (COR00264159)

12/06/13 Emails from Greg Helding to Cara Spoto (COR00264159-COR002641)

01112114 Email from Greg Helding to Cara Spoto (COR00263978)

01112114 Email from Greg Helding to Rob Golub (COR00263978-00263979)

01/29/14 Email from Greg Helding to Cara Spoto (COR00263934)

01/28/14 Email from Cara Spoto to Greg Helding (COR00263934)

Complete list of Exhibits – http://issuu.com/communicatornews/docs/ex7

Bar Lawsuit: Racine Journal Times Emails – Evidence

Posted: September 7, 2015 in The Film