A municipal court is still awaiting a final decision in the case of 77-year-old Jim Brownlow, more than a year after the retired librarian was cited for writing “Jan. 6” in chalk outside the Muskego Post Office.
The citation for disorderly conduct carries a maximum penalty of $565.
Both Brownlow and Muskego officials had expected the case to conclude at a Jan. 14 hearing. Instead, Muskego Municipal Court Judge Lisa Warwick asked both sides to submit more information to help clarify some of the legal cases mentioned in Brownlow’s motion to dismiss. That paperwork is due by Jan. 21.
After that, the judge plans to issue a written decision within 30 days.
Cases that Brownlow has cited include Tinker v. Des Moines, a 1969 Supreme Court case that found speech cannot be restricted unless it substantially disrupts the rights of others, and City of Oak Creek v. King, a 1989 Wisconsin Supreme Court case that held that the peaceful expression of views cannot be criminalized.
Brownlow said he wrote the message on Jan. 6 last year as a reference to the 2021 Capitol riot – a reminder, he said, that the attack shouldn’t be forgotten.
He represented himself in court and maintained that his actions were a form of protected speech.
City officials have accused Brownlow of writing additional messages on the sidewalk, including “We almost lost our democracy” and “Remember Jan. 6.” However, Brownlow has denied writing anything other than “Jan. 6.”
City officials argued the chalk created a disturbance on private property, citing public complaints and the cost of removing the messages.
According to police reports, property owner Muskego Partners LLC submitted documentation showing $900 in expenses – $300 for sidewalk cleaning and $600 for administrative work tied to the incident. That included reviewing surveillance footage, working with police and hiring a local painting company to clean the sidewalk.
Police reports also said the property manager told officers that patrons and employees found the messages “concerning.”
Surveillance footage showed Brownlow writing “Jan. 6” on the sidewalk around 7:30 a.m. that day. He was identified by matching the vehicle seen in the footage to his red Ford Maverick.
After declining to speak with police, Brownlow was arrested at his home a month later.
In court filings, Brownlow argued that chalk isn’t disruptive by nature, and using a disorderly conduct ordinance to punish him could discourage people from exercising their free speech rights.
Brownlow told Public Investigator the case has taken a toll on him, requiring repeated court appearances and extensive preparation to defend himself.
“A person has a right to free speech, so I don’t know why I have to keep defending myself,” Brownlow said. “Why am I at jeopardy at this late date for over a year?”
Both Muskego City Attorney Jeff Warchol and the Muskego Police Department declined to comment while the case is pending.
Quinn Clark is a Public Investigator reporter for the Milwaukee Journal Sentinel. She can be emailed at QClark@gannett.com.
This article originally appeared on Milwaukee Journal Sentinel: Muskego man still fighting citation for writing ‘Jan. 6’ in chalk
Reporting by Quinn Clark, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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