[Music] On Wednesday, August 6th, 2025, nonprofit organization Washington Park Neighbors hosted a free public music event at Washington Park in Milwaukee, Wisconsin. Local resident Robert Newhauser, who performs as a clown under the stage name Consternation, attended the event, driving a handmade vehicle and passing out balloon animals to the children at no cost. Event organizers were apparently concerned about Mr. Newhouser's presence at the event and called the police. Deputy Carlton Thomas and Deputy Maxwell Ston of the Milwaukee County Sheriff's Office responded to the call and spoke with event organizer Eric Gutro. The interaction that followed was captured on Deputy Ston's body camera. >> What's up? >> How's it going? >> How's it going? >> Yeah, I got I got a fun gentleman. Um you want to just start out with your You do the element first. >> Yeah. So, uh Joker up there with the uh not street legal vehicle over there. He was riding >> right here. >> Right here. >> Uh he was riding on the path up there. I stopped him. >> Um I'm on the board for this event. >> Okay. >> Um said, >> "Not complaining about anything else, but we can't have you riding through here. There's kids everywhere. You're moving way too fast." >> Superitty with me right off the bat. Well, I'm the waiting for you. Said, "No, that's not the point. You can't be riding up here." >> And then he ripped up the grass when he did a burnout to get away from me. Um, everybody on the board wants him out of here because when he was here last year, a lot of the parents complained about him being around all the kids and having creepy vibes and we're pulling kids out of his line. So, we're just trying to get him out of here. >> Okay. You want him out and not come back. >> He's uh my issue is I tried to have a I've dealt with him in the past. You know, he's always like freedom of speech, freedom of speech. I'm like, first of all, like you said, this isn't a freedom of speech issue. I've never tried to infringe on that. I can't. I'm a park ranger. >> Yeah. this that that's that's not the topic here, >> but he's uh you know, he's just using >> this is a permitted event, right? This is permits pulled and everything like that. >> Well, he's going to say, "I'm not charging. I have a tip box. I'm not asking for." That's that's his angle. Um my issue was I'm trying to have a conversation, especially with the kids. You know, he's like just continuing to get louder and louder, you know, getting upset obviously. Um then he's taking his air pump and he's going like this, you know, like while he's talking. He's like going over kids heads. I'm like, "Hey, at the very least, can you not, you know, do that? Wave it around the kid's heads >> in case a balloon pops in in a kid's face." And >> it's like a spike hanging out. Yeah. I'm not trying to nitpick. >> Right. And I I own a small business in in the Heights here. And he rides by all the time. And even the parents that come in, they're like, "We don't let our kids around him at all. We don't trust him. So, we just want him out of here." >> How do you know this is going on? Does he come here a lot? >> This is his first time here this year. >> Well, I seen him uh two weeks ago. >> Oh, he did come here. Okay. I ignored him cuz he's a just a big hassle. >> Let me ask you this. All these vendors in here, do they all like are they all permitted to be in here? Like >> they're all permitted to be here and they pay to be here. >> Gotcha. >> He doesn't even have vehicle. >> Yeah. >> No. He's like it's not a it's not a vehicle. I was like it's got a motor, right? Cuz he made it plane. It's not even legal. I love my job. >> Gotcha. [Music] Be prepared for dispatch for the vehicles that roll over lane four now. He's just sitting there to distress lane one more time. >> How you doing, sir? >> How are you doing today? >> Good. How are you? >> It's a pretty neat vehicle you got there. >> Thank you. So, I've been told by the person who's holding this event that you're not allowed to be here. >> Why would that be? >> Cuz you're not permitted. It's a permitted event. >> What? Who make It's an open event. >> Mhm. >> And then, by the way, call your supervisor then. >> Call your supervisor because every time I've dealt with this in the past, it ends up you end up calling your supervisor for verification. But I can be here as a buster. I'm not charging for anything. I am not a vendor. And when the woman where Oh, she took off. They were falsely accusing me of damaging a lawn when every one of these vehices 10, you know, 8 to 10,000 lb. This weighs 500 golf carts. There she is. The golf carts weigh more than this. And those are golf cart tires. >> Yeah. >> And I'm running lower PSI than they are. Cuz this thing only weighs 500 lb. >> Why does it got a license plate? >> Oh, that's part of the fender. That's actually part of >> It's a motorcycle though. That's Yeah, it's just a part I use to patch up. There's no relevance to it. The the vehicle it came from was my deceased roommates's car. It's one of the things I kept. >> Oh, okay. So, it's like sentimental. >> It's a sentimental piece. >> Gotcha. Gotcha. >> So, what are you doing here exactly? What are you doing? >> I'm making balloons for the kids. >> Balloons for the kids. >> Yes, you can. >> Huh? >> Yeah. Right. >> Yeah. It's just, you know, I'm a buster. This is actually gone to the Supreme Court. >> Uhhuh. >> And I have every right to be here cuz why? Where is Show me where the gate is. Show me where the ticket master is. >> Yeah. 882, >> you know, it's not a private event >> and so it's not reserved as a private event. This is an open air concert in the public, which means I have every right to be here as a buser. If I wanted to be a street musician playing off just over on the edge of the hill, long as I'm not interfering with that performance, which I'm not, >> right, I'm perfectly fine. Okay. Again, I'm not interfering with anybody else's freedom of speech. They're interfering with mine. I got you. >> Mr. Newhauser argues that he's allowed to be at the park because it's an open event and has freedom of speech as a so-called busker or street performer. Courts have long recognized public parks as quote unquote traditional public forums, which means they receive the highest level of First Amendment protection and have long been recognized as spaces where individuals may freely engage in expressive activity. Despite the broad protection given to expressive activity in public parks, courts have also concluded that certain restrictions on speech can be imposed in these traditional public forums. In particular, as the Supreme Court determined in the 1989 case of Ward versus Rock against racism, municipalities can adopt reasonable rules that regulate the time, place, or manner of speech. These principles framed the Ninth Circuit's decision in the 2009 case of Burger versus City of Seattle, which involved a balloon twisting street performer known as Magic Mike, who challenged a series of regulations governing performers at Seattle Center, a public park and entertainment venue, including the requirement that street performers obtain permits, noting that performance art was protected expression. The court held that the permit requirement and other rules violated the First Amendment and struck them down. Accordingly, a court would likely agree with Mr. Newhauser that as a street performer, he could not be required to obtain a permit to perform at a public event in the park. >> You mind giving me your name? >> Uh when you show me charges. >> I got you. >> I'm I'm sorry. I'm just protecting my rights at this point and these kids need to learn this. So I'd rather use this as a teaching moment. >> Y make sure that >> Okay. You understand that if you've not committed a crime, you do not have to give an officer your identification or identify yourself. >> I will say this. They were mentioning that you're doing burnouts with this thing. >> Distant can't do burnouts. That's what I was told. >> Really? How would you like to drive it? I mean, >> oh, no, no, no. I wouldn't even know how to drive this thing. >> You know what? >> Did you make this? >> Yes. >> This is what I used to teach kids about conservationism. >> No. >> It's a teaching tool. >> Are you from Milwaukee? >> Yeah. >> I live in the neighborhood. >> That's interesting. >> This is my neighborhood. >> This is my park. >> Yep. >> This is the park you go to? >> One of them. I also go down to Southshore Park, which I >> Okay. So, what >> um let me just He He doesn't have a permit, but obviously uh this is a public park and if it's a it's open to anybody. Um I'm going to end recording right now. >> Deputy Ston turns off his camera to call a supervisor and Sergeant Robert Orzala arrives at the park approximately 20 minutes later. >> How you doing? >> Hey, how are you doing? [Music] permit. >> I don't need a permit for this. >> Well, here's the deal. Unfortunately, you do. Since when? >> Supreme Court's actually ruled on this. >> Okay. And you might be right now. I need your information. It's already No, no, no. Whoever's stopping me here and I want the names of all those individuals over there. They were No, I want your report. I want all that. Is that information on your how I get it? >> I have to ask you to stop immediately. Cease and desist making balloons. Okay. Sorry, guys. Okay, kids. The sheriff's department is shutting down freedom of speech. >> Want you to be aware of that. >> This is what the police do. They stab everybody. >> Say what you're trying to hear. >> No, you're going to tell all these kids that you apologize for. From what? >> What was the complaint? No, because now I got a complaint. Another complaint here. >> Why don't you come with us real quick? >> No. How about you bring the conversation over here where the parents are? We're going to do this one of two ways. Okay. Either you're going to go to custody and we'll deal down the jail. >> Oh, wait, wait. They're threatening you with arrest. What is my crime? >> Operating off a roadway. Criminal damage of property. >> What criminal damage? What? What damage property that works? >> Hey, everybody follow me. >> Is he detained? >> No. Apparently, apparently they're detained. >> No. Please grab your cameras. Come along, everybody. >> Is he detained >> or is he free to go >> right now? He's got >> No. Is he detained or is he free to go? You know the law. >> You know the law. Come on, man. This is your job. [Music] >> No, I did not. >> Where's the pro? >> Show me. >> Oh, hey. This the guy that >> you're put your hands behind your back. You are now being detained. >> Why are you touching him? >> He's being detained. for criminal criminal damage to property. >> Again, this >> Yeah, this is Thomas, >> Thomas. >> No, of course not. >> I have to pat you down real quick. >> Oh, feel free. >> Thank you. >> I have two phones in this pocket. Keys in one pocket. Wallet. >> So, phone right here. >> Yeah, that's one phone. >> All right. Put this >> Why are you detaining me? Well, we just explained it. >> We declared criminal damage property. >> There's no criminal damage. Show me the damage. >> Take you over there. >> There's no >> I already got the pictures on my phone. >> There's no damage that tore up the grass. >> It couldn't have. >> The officers place Mr. Newhauser in handcuffs and inform him that he is being detained for operating off roadway and criminal damage to property based on the alleged burnout. Milwaukee County Ordinance 47.10 10 prohibits operating or driving any motor vehicle in a park except on roads, driveways, parking areas, and other areas that have been designated for vehicular travel. Now, because the ordinance defines a quote unquote motor vehicle as any vehicle that is self-propelled, and Mr. Newhauser drove his vehicle on the grass, it is likely that a court would conclude that he violated this ordinance absent any evidence that the area had been officially designated for vehicular travel. Now, as for the damage to property charge, section 943.01 01 of the Wisconsin statutes and Milwaukee County Ordinance 63.046 both prohibit intentionally causing damage to the physical property of another without their consent. In the 1977 case of Beer versus State, the Wisconsin Supreme Court held that to sustain a conviction for damage to property under the state statute, the prosecution must prove beyond a reasonable doubt both that the defendant caused physical damage and that the defendant intended to cause that damage. In Mr. Newhauser's case, he denied performing burnouts or even being able to do so with his vehicle. Now, while a divot in the grass might arguably qualify as quote unquote damage to property, albeit fairly minor damage, he could potentially argue that any such damage was unintentional. Because the statute requires proof that the defendant acted with intent to cause the damage. An absence of intent would be a strong defense, as would a lack of evidence showing actual damage or the argument that someone or something else caused the damage. >> Sir, there's right now it couldn't have. >> It's not that. >> Oh, please don't play this game. has more torque. You >> want to check that side, Rob? >> CVT transmission. >> Or do you want to switch? >> Yeah. >> You want to switch? >> Built it. >> Yes. >> I'll check this side. >> Yes. I created it. >> That's awesome. >> I didn't double lock them either. >> Okay. >> Whatever you guys >> No, I mean >> I'm going to double lock it so it doesn't end up. >> Shame on both of you for doing this, but >> you know, now you got a bunch of very upset parents and kids. >> Congratulations. >> So that's going to get towed if you end up going to jail. What are you >> can I >> don't put me in jail. I mean I'm not I'm What am I doing? Let's >> work through this then. Okay. >> No, I'm going to I want all your information. I want that land on the citation. >> What citation? >> Again, you're operating off roadway. >> Every one of those vehicles up there is operating off roadway. >> You don't have a permit. >> I don't need a permit to be a buser. You >> do need a permit to drive off the road. >> Let me just safety lock these for you. Hey guys, I bring art inspiration to the children. This is how you should be. >> Do you? I'm wearing cuffs right now. I don't think you do. >> Well, you're very com because I'm not the opening wrong and that's that's just it. Your supervisors before have you guys are, you know, nitpicking at me >> in order to make the narrative. >> I wanted you to leave and apparently they were at you were asked to leave. You didn't want to leave >> and because I have a right to be here. Do you understand that? >> If you pulled the permit, you would >> I don't need a permit to for freedom of speech. >> I don't need a permit. I'm giving balloons away. I'm not selling anything. >> Do you understand that? >> I do. >> That's so You do not Everybody else here, >> but you do not You don't They're selling things. >> There's There's people here that don't have permits that aren't selling things. So, >> what are permits do they have? >> You're going to have to pull all that information cuz I don't know. >> Mr. Newhauser argues that he does not need a permit because he's not selling anything. and the officers disagree. According to the Milwaukee County Parks website, a vendor permit is required to operate a food and beverage, retail, recreational, or other serviceoriented concession to collect donations or to host a raffle or silent auction on Milwaukee County Parks property. The website also states that during quote unquote special events in the park, vendors cannot sell unless they are approved by both Milwaukee County Parks and the event organizer. Vendors who make sales on Milwaukee County Parks property without a permit can be fined and their products and equipment can be confiscated. However, the permit requirement only applies to vendors who are selling a product or a service, not to performers like Mr. Newhauser who are not charging money. And as we discussed earlier in this episode, it would likely be unconstitutional for Milwaukee County to require such performers to get a permit. Therefore, a court would likely agree with Mr. Newhouser's assertion that he did not need a permit to give balloons away for free, >> which I'm sure you're going to do because it seems like you're very thorough with all the stuff that you're involved with. >> So, you'll just hold the stuff that you do. >> Just get me out of here so I can get home. Get home and get to my dog. >> You got an ID with you today? >> You have it. >> Is it right here? >> Yeah, that would be right there. Seeing you, you're illegally arresting me detaining me. >> So, that's the plan. Citation and release from >> custody. Yeah. Can you just leave the door open so I can get some smear? Please. Thanks. >> No, I I shouldn't get a citation at all and you know I'm going to fight this. >> You have every right to. >> Yeah. Well, I've also been lied on. So, I expect that county employee to be What burnout? That never happened. >> I'll tell you this. We have a witness who saw you burn out with your your motorized vehicle. >> It is not possible. And the witness is lying. That's that woman in the gray shirt driving the golf cart. >> That's not my witness. >> You're lying to me now. >> I'm not. Then then she got somebody else to to lie. >> Okay. >> Because that that thing does not do a burnout. It cannot it does not have the power for that. If anything, it's a bit underpowered. >> What's wrong with getting a permit? >> First of all, I'm a busker. I don't need one. It's freedom of speech. >> A what? Say it again. >> I'm a busker. B US ker. >> Okay. >> All right. And that's basically a street performer. And that's a covered under the first amendment. You do not need a If I started selling balloons, then I need a permit. >> Yes. Okay. >> And you were not selling. >> No, I was not. I've given them away. I didn't even get a single tip to them. I'm not even concerned about that. >> And I agree with that. >> I didn't even bring my This is my neighborhood. So, I don't bring my tip jar generally up to this park. >> Yeah. And I agree. I didn't see I was there. I didn't see you. I witnessed you not selling any balloons. >> Yes, you are 100% correct. >> So, I've broken the law. >> So, we have the criminal damage property. >> There's no criminal I didn't damage any property. So the turf. So I'll show the turf. I'll give you an example. >> Can you show me the turf? >> I think he's going to take you to it. >> I'd like I'd like to see this as possible. >> So I we have to take reports here all the time when like someone comes here in the parking lot do or not the parking lot but like the grass and does burnouts damage. >> First of all, do you seriously number one that thing cannot do a burnout? Once again for the last time it doesn't do that. They're This is why they are lying on me. It is incapable of that. >> I got you. And you have every right >> and you know you're gonna fight it and >> oh I plan on fighting this and I plan on filing a lawsuit against discrimination >> and that's I mean this is my freedom of speech we're talking about here. I have done nothing but make children happy. >> Mhm. >> Yeah. >> So I'm going to need your body cam and everybody else's body cam and then I'm going to find out who's lying on me. >> Yeah. >> Because there's no evidence. What they're pointing out is probably something that passed but not nothing I did. >> Right. >> All right. And the thing is, if that thing finds a pothole, it gets stuck in it. It can't pull itself out of a pothole. >> Oh, you're >> And there's divots in this in this lawn. I got to be careful about being on the lawn. So, if I hit a divot or you know how like rabbits will dig small shallows when they're in the spring for the babies. >> You hit one of those, I'm stuck. >> Yeah. >> It does not have the power to pull out of there. >> How fast that thing go? >> Top 30, 35. >> That's pretty fast. >> Fast enough to stay up on the streets, but that's it. But that doesn't mean it can do a burnout. A mopeds can't do burnouts. >> Mhm. And that's what that thing basically is. No, you you guys have just offended a lot of families and kids tonight and I don't want to see the the sheriff's department's been very fair to me up until this point. >> Yeah. >> You know, in fact, you guys have had my back every time I went down at Southshore Park. >> The supervisors call up and like, "No, he's doing nothing wrong." >> And >> uh seven times last year and I'm going to site those cases. >> I would agree with you, but there was damage to the >> There's no ammeralda did no damage. We didn't do any damage. >> That's the name of your your >> That's her name. Oh, nice. >> Yeah, as like nice. Hunchback of Notre Dame. >> Okay. >> I usually name my my vehicles either after family, literary, or historical references. >> Minor, be it still damaged. >> Let me see where. Show me where that's at. No, show me exactly where it's at. You're showing me the bike path right where you entered over here where the guy had you stop and then you started cussing at him, which also is >> disorderly. I didn't like this cut. >> And then he said, "You peel out of there like a bat out of hell." Like you were all angry and then you weaved out of the way for the children. He said, "I'll give him back." >> Wait. No. No. No. >> To avoid the kids. >> No. No. I barely took that thing past an eighth of a throttle. I don't throttle that thing up. >> Sir, if you're talking to a mechanic, fabricator/gineer, I am well more versed in these areas than you are. >> Sure. >> All right. Here's the deal. That thing has about 9 horsepower >> trying to pull 500 lb plus me. It can't go that fast. >> Well, you still cause damage, which is criminal damage to property and you don't have a permit. You're operating off roadway with a motorized vehicle and you drove right past the sign. It says no unauthorized motor vehicles beyond this point. You drove right past it. It's right over there. When you come back here tomorrow without that, you will read that sign and say, "Holy crap." >> And all the all the minibikes you guys have running through this park >> every time. And we write tickets and we tow minikes every day, sir. But I have 154 parts and a limited staff. Do you think I want to be dealing with this? I have a kid with a gun up the street right now that I have deputies chasing and you're dealing with this. >> Yeah. Well, I'm just making balloons for children and making them happy. So, why are you dealing with me? >> Pull the permit. Follow the rules. Pull the permit and don't drive the little >> The rules are the fact that I don't need a permit to do this. >> I am a busker, not a vendor. >> But you can't drive that car to me. >> I'll talk to the county supervisors and whatnot. >> Smith is the director of Write them all down. Write all this information. I will find out. You can't. That's the most common name in the world. It's online, Guy Smith. You can contact him directly and say, "Hey, I want to be able to drive through here with this cart on this night." He'll probably say, "Pull a permit." And then you'll be allowed just like everybody else. That's it. It's probably minimum money for a permit for giving out free stuff cuz you're not selling anything, which you've already established in. >> Oh, no. And you guys also have on on camera and he's fully >> the rules. Why is your camera tickets? Cuz you're recording right here in this podcast. >> Doesn't matter. I'd rather have all >> mine is on. I know yours is on. >> There you go. Matt, feel you feel better now? >> No, cuz it's not. I don't see any lights. That one has >> the camera sign right on the top. I can see it. It's on. >> Okay. Again, I want to make sure everybody's got the cameras on them on them on. >> Okay. >> And again, you're wasting You got to If you got a gunman up the street, you're wasting time here. >> I'm just explaining to you there's other things that matter. >> Oh, no. I understand that. Which is why I don't understand why you're do why you're bothering me. >> Cuz I had a call. That's it. >> You got a call of somebody lying to you. >> Maybe they were lying. Yeah, they were lying. >> Okay. But other people said that you were giving them creepy vibes cuz of your face paint. Maybe that's artistic to you. >> Wow. It Well, the kids seem to enjoy it. And wow, Karen being Karen. What a surprise. >> That happens. >> Yeah, I know. But it's called freedom of speech and that and creepy vibes is no reason to bother anybody. >> I'm not bothering you that damage your property, >> right? And no >> and operating off roadway without a legal motor vehicle. And again, these vehicles are these are >> permitted. >> Yeah, you're >> permit. >> And again, this is this I'm disagreeing with you on that. >> I'll get into the details and wow, you got a still a bunch of really upset people now >> we deal with every day. Do you think this upsets us or concern? >> No, but it's going to be an interesting story down the road >> and it's going to be another black eye in the sheriff's department >> for doing a job enforcing the rules and the regulations of that. >> Enforcing the rules. To what degree? To what degree is >> I've already explained that to you like several times. >> No. And I'm and again this is freedom of speech and I've explained that to you several times. So part with that machine >> and again we're stretching the rules. You make rule rules for one set rules for another. So I guess >> all you have to do is full trim it. >> Again I'm going to I'll find out more about that. But again if that's what I got to do then but again you guys you guys take it too far and this has gone way too far. You know, this is freedom of you're you're actually interfering with freedom of speech. And if I did not that thing cannot do a burnout. I don't care what your witness has said. It is physically >> doesn't take much. >> How much you do you understand weight to horsepower ratio? >> A motorcycle. Yeah, I get it. >> Yeah. Do you know how much better your weight to horsepower ratio is than mine than this car? >> That's totally believable. And in the middle witness that this is what he saw >> and he's lying. >> Then you get to go to court and testify. Oh, I'm going to It cannot do burnouts. It doesn't. It literally does. I want to walk over to where this divot is. >> Maybe we should tow it and keep it as evidence so that we can put it in front of a jury to see if it does burn out. >> Right. >> That'll be 2 years from now. >> So, you're threatening me. You're threatening to impound my vehicle for 2 years. That's exactly what you just did. >> Do you see the >> That's why I wanted your camera on. Thank you very much. No, we're talking about towing your vehicle cuz you're operating off the roadway. >> I actually go ahead. I see issue my my citation so I can leave. >> We're working on that. Can't just snap her fingers. She's typing those up right now. >> We'll get those the court date. Not required to go to the court. >> Oh, I'll be there with bells on >> probably dressed like this being a front drive rear steer bike. >> Okay. You think about how that handles. You can't you can't do burnouts. You can't go fast with it. You can't corner fast with it. It does not drift. It does not slide. It flips the freak over. >> And I can show you my scars from that. >> Yeah. >> Oh, trust me. It was a learning curve just to figure out how to ride it, >> you know, and then add more weight to the back axle. >> Is that a three-wheel? >> It's a three-wheel. >> Yeah, it's a trike. >> Yeah. >> So, I obviously don't go anywhere until these tickets are >> Oh, no. No. I'm not going anywhere. >> I'm sorry. >> Besides, I want this fight now. I've been waiting for this. >> Not that I'm looking forward to going to court and having to fight for my rights again. Yeah. >> But as far as freedom of speech is concerned, I will always fight for that as I have served my country honorably. >> Oh, what branch? >> Army. >> How's Marines? >> Who? >> Love you guys. >> Hurrah. >> Hurrah. >> How long do you serve? >> Uh, about four years. >> Army Railroad. >> Okay, sir. >> Sorry. It's under terrible circumstances. No. >> Here's what I have to ask you as a supervisor of the parks unit. >> Uhhuh. >> Next week, Wednesday, when the concert's going on, I permit this at the park. make this easier for everybody. >> I will do what I can. >> I'll follow the county supervisors as well as Yeah. No, I've already talked I've already talked to Sky and as well as u such a headache if you just had a permit. >> I And again, what they're doing is they're just trying to with me because I don't want to adhere to the rules. >> They're trying to claim that I'm a vendor and I'm not. And again, technically by the federal law, I don't need a permit to give away balloons. >> Right. >> The officers detain Mr. New-houser for several minutes while they issue him citations for driving in the park and criminal damage to property. After the citations were issued, Deputy Ston accompanied Mr. Newhauser to inspect the damage he allegedly caused. >> Now, I want to be I want them to show me where I did damage and I want to see it. >> Unfortunately, it's already been >> So, so we're refusing to show Oh, so it's something that happened, but now it's all covered up. So, it was >> there was there was a photo. >> Where's the damage? Show me. >> It's already It's already been patched. I can't wait to get your body cam. >> Yeah, >> because when when you're telling me you can't show me the evidence, >> then what's there's no evidence. >> Got >> and I photo I take a photo of anywhere on these grounds, >> right? >> There's divots all over. How about the guy that plays golf? >> Oh, that guy's not supposed to be doing that cuz this is not a certified putting area or driving area. That is illegal. >> And what damn where is this? 22inch long divot. I mean, here, come here. Take a look over here. This is always >> Yeah, that's that's fine. Yeah, but that's uh vehicle. That's the law, >> right? Let's let's let's walk over here. They said they said they covered it up, so >> Oh, that's convenient. >> Mr. Newhauser was charged with two county ordinance violations for driving in the park and criminal damage to property. As of the date of writing this episode, the charges are still pending with a court date scheduled for October 8th, 2025. Overall, the Milwaukee County Sheriff's deputies get a C minus because although the deputies likely had a legitimate reason to detain and site Mr. Newhauser, they demonstrated fundamental misunderstandings of both the First Amendment and the local permitting requirements, maintained an accusatory and condescending attitude throughout the encounter and exercised poor discretionary decision-making. By relying heavily on the event organizers allegations that Mr. Newhauser was quote unquote creepy or unwelcome. The deputies seemingly allowed some degree of bias to dictate their enforcement priorities on scene. Members of law enforcement are expected to maintain independence from private disputes and to evaluate the legality of conduct rather than the popularity of a speaker. In this case, the deputies appeared more concerned with appeasing the organizers than with ensuring that Mr. Newhauser's rights were respected. The deputy's grasp of the applicable law was also troubling as both Deputy Ston and Deputy Thomas insisted that Mr. Newhauser require a permit to distribute balloons or to perform in the park despite longstanding constitutional precedent to the contrary. As mentioned earlier, street performers do not need government approval to engage in expressive activity in traditional public forums, particularly when they are not charging money. And the deputy's insistence that Mr. Newhauser was a quote unquote vendor was completely inaccurate. The deputies further escalated the encounter unnecessarily by placing Mr. Newhauser in handcuffs and detaining him in a patrol car for minor ordinance violations. While the county ordinance requiring motor vehicles in parks does provide a legitimate basis for citation, the infraction was petty in scope and the criminal damage to property allegation was tenuous at best. Although the deputies did not cross into outright abuse, their conduct displayed an alarming lack of constitutional awareness, poor judgment, and unnecessary escalation. This interaction highlights the dangers of allowing personal bias and weak legal footing to dictate enforcement decisions and underscores the importance of discretion and constitutional literacy in everyday policing. Mr. Newhauser gets a B+ because although parking his vehicle at the event was likely illegal, he was well within his rights to perform at the event. He verbally challenged the deputies without becoming vulgar or belligerent, and he demonstrated a relatively thorough understanding of his constitutional protections. Mr. Newhauser's decision to drive his handmade vehicle onto the grass was clearly shortsighted. However, the allegations of a burnout and criminal damage to property are equally questionable. Nonetheless, this gave the deputies at least one valid basis to cite him, even if the enforcement of that ordinance in this particular setting was petty and pretextual. Mr. Newhauser also could have benefited from exercising more restraint in his speech and invoking his right to remain silent regardless of whether or not his speech was protected. But beyond these minor critiques, Mr. Newhauser conducted himself admirably. When confronted by the deputies, he did not fold under pressure or respond with aggression. Instead, he engaged in dialogue, articulated his rights as a performer in a public forum, and cited his understanding of First Amendment protections with surprising accuracy. He exercised a commendable degree of restraint in a situation where many citizens in his position might have either escalated the confrontation with anger or passively accepted the deputy's assertions. Despite being placed in handcuffs and confined to a squad car for what amounted to minor ordinance violations, he maintained his demeanor and he did not resort to insults, threats, or resistance. I commend Mr. Newhauser for exercising his rights peacefully and respectfully. But I would caution others in a similar situation to exercise more civic and constitutional diligence before engaging in acts of expression. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. 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