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The City of Milwaukee’s recent initiative to enforce new licensing requirements for private security personnel has been halted following a lawsuit filed by six local business owners.
Despite this setback, City Attorney Evan Goyke expressed confidence in the city’s ongoing efforts to enhance security measures. He emphasized the importance of working with the Common Council to develop a long-term solution.
“I believe the city council was justified in taking action,” Goyke stated, referring to a significant incident in August 2023 when a security guard at a gas station fatally shot a resident in the Garden Homes neighborhood.
The security guard, William Pinkin, had a prior felony conviction from 1989, which prohibited him from carrying a firearm. As a result, the business’s license was revoked in October 2023.
“That individual was not licensed, could not be licensed, and should not have been licensed,” Goyke said in an interview.
Goyke pointed to the Teutonia Avenue incident and other security-related issues as justifying the need for public and policy responses. The Milwaukee Common Council unanimously passed an ordinance in March requiring comprehensive background checks for security guards. The legislation, spearheaded by Alderwoman Andrea Pratt, also mandated that all security personnel be licensed, bonded, and insured.
“The council aimed to ensure that businesses employing security personnel hired professionals who were properly licensed,” Goyke explained.
However, some business owners and security personnel opposed the ordinance, arguing that it was overly vague. Attorneys Emil Ovbiagele and Samantha Huddleston Baker filed a complaint on April 3 on behalf of plaintiffs, including Brandon Miller, Always Towing, and companies associated with Revel Bar, Court MVP, Mr. B’s Lounge, and Legends Cocktail Lounge.
The plaintiffs argued that the city exceeded its authority, claiming that the ordinance imposed more stringent requirements than state law permits. They cited a 2015 law that limits local governments from creating new occupational licensing requirements.
The court issued an injunction on April 10, suspending the ordinance’s enforcement. By mid-June, the suspension became permanent. Ovbiagele filed for summary judgment on June 17, which would have resolved the lawsuit before trial. The city subsequently agreed to rescind the ordinance and cease its enforcement. Judge Brittany Grayson dismissed the case on July 1.
Goyke noted that the timing of the lawsuit, filed shortly before his April 16 swearing-in as city attorney, complicated matters. He acknowledged that the city’s legal argument—that the ordinance was not preempted by state law—was not strong.
Despite the legal challenge, Goyke supports the council’s efforts and remains optimistic about future attempts to implement similar security measures. “We are prepared to work with the council to correctly draft a new ordinance,” he concluded.
