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A Year After the El Rey Raids, Fire & Police Commission Drags Its Feet
When will the Commission investigate?

September 17, 2003

On September 18, 2002, armed Milwaukee police officers stormed the El Rey grocery store and tortilla factory during business hours. Pointing guns at employees and customers and shouting orders in English -- which many in the store and factory did not understand -- the police detained dozens of employees, forcing many to sit on a concrete floor in handcuffs for hours.

Why was this raid carried out? Police allege that El Rey was selling antibiotics without prescriptions. “But that doesn’t justify tactics more suitable for a midnight raid on a crack house than a neighborhood grocery store at 9 in the morning,” said Oscar Cervera, director of the Latino advocacy organization, the Federation for Civic Action.

Six weeks after the raid, 25 El Rey employees filed a complaint with the Milwaukee Fire & Police Commission. Yet a year after the raid and more than 10 months after the complaint was filed, the Commission has still not taken any meaningful action. Incredibly, the Commission claims that it lacks the power to investigate.

According to Neifor Acosta, one of the attorneys representing the employees, the Commission has put the burden on the workers to figure out which officer was responsible for which violation. In other words, they insist that people who were terrorized at gunpoint and handcuffed by police shouting in a language many did not understand to provide names, badge numbers and other identifying details. The Commission claims it can’t investigate otherwise. However, Section 62.50(19) of the Wisconsin statutes says the commission shall investigate complaints, and Section 62.50(1m) authorizes the Commission to conduct a review of the Police Department’s policies.

And the Commission is missing the larger point: The decision to conduct a crack-house-style raid was completely improper. It could and should have been handled as a simple licensing violation. In fact, that is precisely what the state Department of Regulation and Licensing suggested. Certainly, it could have been handled in a far less confrontational manner.

It is time for the Fire and Police Commission to take its responsibility to investigate seriously, and to right the wrongs caused by the El Rey raid.

Contacts: Karyn Rotker, ACLU-Wisconsin Foundation, 272-4032, ext. 21,
Oscar Cervera, Federation for Civic Action, 672-8777

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