Green Bay settles audio device lawsuit, ending a year-long legal battle

A year-long legal fight between the city of Green Bay and the Wisconsin state Senate over the use of audio recording devices in city hall is coming to an end. 

The city agreed to a settlement with the state Senate and state Sen. Andre Jacque, R-De Pere, that will end an ongoing lawsuit against the city and Mayor Eric Genrich.

In a statement Thursday, Green Bay said it is still waiting for the settlement to be finalized and signed by all parties before the case is dismissed. 

“The City maintains its actions were lawful and were undertaken with the safety and security of city staff and members of the public in mind,” the statement reads. “With this settlement, the Senate will agree to stop spending state taxpayer dollars to fund further legal actions against the City related to this matter.”

Senate Majority Leader Devin LeMahieu, R-Oostburg, in a statement characterized the city’s use of audio recording devices in public areas of city hall as illegal spying that violated citizens’ rights.

According to LeMahieu’s office, the settlement includes a payment of $200,000 from the City to cover legal fees and requires Genrich to make a public statement saying he will not illegally record residents in city hall again. LeMahieu says the city previously reached a $100,000 settlement agreement with another plaintiff in the case.

“Despite two different courts rulings in the Senate’s favor, and the liberal American Civil Liberties Union condemning his spying, the Mayor still refuses to publicly admit wrongdoing,” LeMahieu said. “Regardless, this settlement guarantees that Mayor Genrich will not continue his snooping on citizens in City Hall carrying out their civic duties like paying taxes and voting.” 

In spring 2021 and summer 2022, the city installed audio recording equipment to existing security cameras in public hallways on the first and second floors of city hall. The devices were installed in response to security concerns at city hall after Green Bay became the target of conspiracy theories around the 2020 presidential election. 

The city has detailed at least three instances, two involving city staff and one involving a local journalist, where they were “verbally assaulted” by members of the public. 

But the city did not install signage with the audio equipment. And the existence of the devices didn’t become widely known to the public until early 2023 when an alder called on the city to remove them during a city council meeting. 

The city installed signage following that meeting, but it was sued shortly after by the state Senate, former Green Bay Alder Anthony Theisen, a then-unnamed “Jane Doe” and Jacque. The plaintiffs argued the use of audio recording devices in city hall was illegal.

The Jane Doe plaintiff was later identified as Janet Angus, a local resident who the city says was involved in incidents that led to the installation of audio recording devices. Angus was eventually removed from the suit.

In March 2023, a Brown County judge ordered the city to stop using the audio devices while the lawsuit played out. Shortly after, the council voted to remove the devices and to destroy the recordings when the lawsuit was resolved.

“This matter was resolved through the local legislative process over a year ago, and while the lawsuit should have ended long ago, the approved settlement will end it now,” the city’s statement reads.

The controversy came during Genrich’s 2023 reelection campaign, in which he framed the lawsuit against the city as political.

“It’s very clear who is behind this politically motivated attack on the city government,” Genrich said at a March 2023 League of Women Voters candidate forum.

Last September, the case moved to federal court. In February, Wisconsin Eastern District Judge William Griesbach ordered the state Senate be removed from the suit due to a lack of standing.

After the settlement was announced Thursday, Jacque released a statement calling it a win for civil liberties.

“I’m pleased to have finally settled the case, which unquestionably creates historic precedent to prevent government spying from ever happening again,” Jacque said. 

State Senate officials said the city has cost Green Bay taxpayers $500,000 in legal fees and settlements, while the city said the state Senate has cost Wisconsin taxpayers more than $800,000 to continue the lawsuit.

Beyond a civil suit, the West Allis Police Department launched an investigation in 2023 to determine if criminal charges should be filed against the mayor or other city officials related to Green Bay’s use of audio recording devices.

As of Friday, no criminal charges have been filed against Genrich. The West Allis Police Department did not immediately respond to a request for comment. 

Fond du Lac County District Attorney Eric Toney is reviewing the case for possible charges. Toney said via email Friday that he had no additional details to share at this time.