Court Rules Milwaukee Residency Requirement Is Legal

A state appeals court ruled Milwaukee’s employee residency requirements trump a state law barring such restrictions.

The 2013-15 state budget contains language that prohibits local governments from enforcing any residency requirements beyond requiring police and firefighters to live within 15 miles of the government unit. Milwaukee officials refused to abide by the law, triggering a lawsuit by the Milwaukee Professional Police Association.

The 1st District Court of Appeals ruled Tuesday that the budget language was designed to target Milwaukee, and doesn’t deal with an issue of statewide concern because it doesn’t affect every municipality uniformly.

The leader of the Milwaukee Police Association called the ruling “unfortunate.” Association President Mike Crivello said that 92 percent of his employees live in the city, but that the rule poses uncertainty for people who moved out after the state lifted the requirement in 2014.

“Tonight, I worry that at the kitchen tables just outside of (the) city of good hard-working city employees, those who have chosen to exercise that right to move out, that conversation will be one of fear — what’s gonna happen to us next because of this,” he said.

The residency rules now require city employees to live within city limits. However, Mayor Tom Barrett told a Milwaukee newspaper that he may allow workers who already live outside of the city to stay.

Editor’s Note: This article was originally an Associated Press story. It has since been updated with reporting by Wisconsin Public Radio.