Sunday, April 21, 2019

Holmes vs Wahlen

Dear City of Racine Alderpersons, 
 
How ironic is it that when City of Racine, then under Mayor John 
Dickert, decided to take legal action against a Black Man who owned 
and operated the Park 6 Business, it acted upon an unverified 
complaint submitted by Kurt Wahlen! And that only later, the local 
Circuit Court's prejudiced decision was  overturned in the WI Court of 
Appeals! Holmes v Wahlen, 2012 WI App 123 
 
APPEAL from an order of the circuit court for Racine County: 
BRUCE E. SCHROEDER, Judge.  Affirmed. 
 Before Brown, C.J., Reilly and Gundrum, JJ. 
 
APPEAL from an order of the circuit court for Racine County: 
BRUCE E. SCHROEDER, Judge.  Affirmed. 
 Before Brown, C.J., Reilly and Gundrum, JJ. 
 
¶1 BROWN, C.J.   This case is about a liquor license revocation in 
which the city council acted upon a citizen complaint that was not sworn, as 
required by statute.  This constituted a fundamental error that deprived the 
licensing committee of jurisdiction over the matter.  Therefore, the subsequent 
revocation of the liquor license was invalid.  We affirm the circuit 
court’s order 
vacating the licensing committee’s decision to revoke the liquor license. 
 
¶2 Kurt Wahlen, chief of police in the City of Racine, initiated liquor 
license revocation proceedings against Thomas Holmes, d/b/a Park 6 and 
registered agent for Park 6, LLC, with a citizen’s complaint.  The 
complaint was not “sworn,” as required by WIS. STAT. § 125.12(2)(ag) 
(2009-10).1  Wahlen, “as a 
resident of the Municipality of the city of Racine,” alleged in his 
complaint that 
Holmes’s operation of Park 6 constituted a “disorderly or riotous, indecent or 
improper house,” and “created undesirable neighborhood problems” in 
violation of 
state statutes and municipal ordinances.  The complaint formally presented the 
matter to the city clerk for issuance of a summons and to proceed to a 
due process 
hearing for a determination of whether Holmes’s liquor license should be 
suspended or revoked.  The Public Safety and Licensing Committee held a 
hearing, after which it recommended to the Common Council that Holmes’s 
license be revoked.  The Council voted to revoke Holmes’s license. 
 
Now, here comes a complaint against malfeasant City Attorney Scott 
Letteney, by Harry Wait, and suddenly a verified complaint is 
required! 
 
RACINE — Board of Ethics Chairwoman Mary Wyant decided the complaint 
filed by Harry Wait of the Town of Dover did not meet the board’s 
requirements and will not be accepted by the board for discussion. 
 
"In early March, Wait, a citizens’ rights advocate and member of HOT 
(Honest, Open and Transparent) Government, alleged that City Attorney 
Scott Letteney has “an extensive history of egregious conduct while in 
office, undermining the interest of the people and the City of 
Racine,” and recommended sanctioning and removing Letteney from 
office". 
 
https://journaltimes.com/news/local/govt-and-politics/ethics-board-chairwoman-wait-s-complaint-did-not-meet-requirements/article_87568b69-2d9d-54a8-bbd8-abb6b66c75e1.html 
 
You can't make this up - it is true! City of Racine is a CRIMINAL and 
Discriminatory Organization - acting upon unverified complaints 
against Persons of Color Operating a private business,  while refusing 
unverified complaints against White City Actors. The City of Racine is 
a Terrorist Organization! Which actively discriminates against People 
of Color and fails to respond to bona-fide Citizen Complaints. 
 
Sincerely, 
 
Tim & Cindy

1 comment:

TSE said...

Dear City of Racine Alderpsersons,

Did anyone catch that?

It seems NOT!

But just checking.....

¶1 BROWN, C.J. This case is about a liquor license revocation in
which the city council acted upon a citizen complaint that was not
sworn, as required by statute. This constituted a fundamental error
that deprived the licensing committee of jurisdiction over the matter.
Therefore, the subsequent revocation of the liquor license was
invalid. We affirm the circuit court’s order vacating the licensing
committee’s decision to revoke the liquor license.

The Appeals Court AFFIRMED the local Circuit Court's Action - which
made the egregious conduct of the Common Council even greater!

You spent money to appeal a declared illegal action TWICE!

Sincerely,

Tim & Cindy