Milwaukee Settles Case Arising out of Police Suppression of Mexican Independence Day Celebration

March 15, 2004

On March 11, the city of Milwaukee agreed to pay retired Equal Employment Opportunities Commission Administrative Judge Lutecia Gonzalez $50,000 to settle her federal false arrest and police brutality case against the Milwaukee Police Department. Judge Gonzalez' case arose in September 2000, when police ticketed hundreds of community members celebrating Mexican Independence Day for honking horns and waving Mexican flags.

When Judge Gonzalez, a respected Latina leader, demanded that the police explain why they were issuing tickets, she was arrested for obstructing the police. According to Judge Gonzalez, "I felt that I had to find out why the police were suppressing our community's celebration. I was shocked when the police arrested me and treated me the way they did. It was extremely frightening for me and disturbing for our community."

A Milwaukee municipal court judge acquitted Judge Gonzalez of the obstruction charge in January 2001. Judge Gonzalez then filed a civil rights lawsuit alleging that a police officer had arrested her without probable cause, and had used excessive force by pushing her to the ground, putting his knee in her back, and forcing her head to the pavement. On Thursday, a federal court jury said it was deadlocked. The city's settlement offer followed.

Milwaukee civil rights attorney Peter Earle, Judge Gonzalez's principal lawyer, was pleased with the result. "This was not a riot. It was a party, an expression of cultural pride. It was like the 4th of July," Earle said. "The police didn't like Judge Gonzalez's questions about their heavy-handed tactics. This lawsuit shows that the Latino community will not tolerate such police misconduct." ACLU of Wisconsin Executive Director Chris Ahmuty added that "It was important for the ACLU to stand up for Judge Gonzalez's right to criticize questionable police tactics."

The case turned largely on the testimony of Juan Delgado, a 41-year south side resident who witnessed the arrest, and on a videotape of part of the incident made by another man. "Without the videotape and without Juan Delgado, this would have been a nearly impossible case," said trial lawyer Chris Trebatowski. "We thank those witnesses who had the courage to come forward and help hold the police accountable," said ACLU of Wisconsin legal director Larry Dupuis.