Except from Findings of Fact Holmes vs City of Racine

437. Fair believes that Coe’s actions in looking at The Place on 6th evidences Coe’s racially discriminatory intent. (Id. at 253-255).

438. Fair admitted that he has no personal knowledge as to which bars Coe was looking at and did not know whether Coe was on the Common Council at the time of the alleged incident.

(Id.).

439. Gallagher relies on the following to support his opinions in his supplemental expert report:

a. E-mail from Michelle Logan—an African-American employee of the City—to Greg Bach referencing the City as “Raysheen.” (Stuart Decl., ¶19, Ex. DDDDDD at 12).

b. Devin Sutherland’s (“Sutherland”) e-mail stating that non-white establishments on 6th Street had “not added any value to the neighborhood.” (Id. at 6). c. Sutherland’s e-mail stating that “[t]he letter was to make sure the Mayor and others were aware of the current situation on Sixth Street and urge them to step up their assistance.” (Id. at 26).

d. Testimony of non-City employee Richard Pramer at Ginger’s due process hearing that Ginger’s attracted “hip hop gang banging types.” (Id. at 17).

e. E-mail from non-City employee Dr. Shove to Chief Howell raising concerns about a country western bar being located near a hip hop bar. (Id. at 18).

f. Testimony from Chief Howell about the Nuisance Property Abatement Vehicle. (Id. at 25). g. Testimony by Chief Howell regarding the Tavern Task Force group. (Id. at 23).

h. Deposition testimony from Penny Sharp that Mayor Dickert said “These niggers need to go back to Waukegan because they are disturbing the revenue here in Racine from the lake, from our vacationers at the lake.” (Id. at 19-20).

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1557134.1 i. Mayor Dickert’s statement that 6th Street needed to be “cleaned up.” (Id. at 2-3). j. Mayor Dickert’s statements thanking the Licensing Committee for “[w]orking very, very diligently on making sure 6th Street is a great place for people to live, shop, work and play.” (Id. at 20). k. Wahlen’s e-mail to Officer Robert Purdy in which he refers to him as “Mumbai Bob” and asks “[a]re you now wearing one of those towels on your head?” (Id. at 21). l. Wahlen’s deposition testimony that, “[b]ut, I’ll say this, no establishment ever comes before the Licensing Committee and says we’re going to play hip-hop music. That’s not how they get their license.”

(Id. at 17). m. Wahlen’s deposition testimony that “I’m sure there were accusations of racial profiling that came into play when I was Chief.” (Id. at 19). n. Becker’s deposition testimony in which he said that “I would guess that most likely there are” racist people in Racine, that he stated that racism was a problem in Racine “to some degree, yes,” that “Well of course there’s still racism in the world. There is today and there will probably be tomorrow” and “there are racist people in Racine.” (Id. at 18-19). o. Alleged conversation between Coe and Holmes about incidents of minors being in Holmes’ teen club, Chocolate City, after curfew, during which Coe allegedly stated that white “business owners were afraid” of being around blacks in downtown Racine and that “The white people are afraid because there’s black kids in the area.” (Id. at 15-16). p. Alleged statements by Coe to Khampane in which he referred to Ginger’s customers as “our crowd.”

(Id. at 16). q. E-mail from RPD officer David Smetana to Wahlen and City Administrator Friedel stating that a woman in Racine “uses the word ‘nigger’ often and can be heard yelling it by the neighbors.” (Id. at 19). r. E-mail from RPD officer David Smetana to RPD Lieutenant Macemon regarding Park 6 stating “[w]e will go ahead with the plan as we spoke of this morning including the nuisance property complaint and going after his cabaret license . . . Plan on proactive foot beats down there for the foreseeable future.”

(Id. at 26).

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1557134.1 s. E-mail from RPD officer David Smetana to Officer Wetzel stating “You may wish to check Park 6 and 2nd Time Around if Gingers is a bust. Happy Hunting, let me know how it goes.” (Id. at 28). t. E-mail from RPD Lieutenant Macemon regarding The Place on 6th stating “[w]e will see if we can take it to the next level and do some DC arrests or tickets when appropriate.” (Id. at 26). u. E-mail from RPD Sargent Dave Wohlgemuth stating “I can see that The Place on Sixth is probably not a causal factor in this assault, however I know from prior experience, that the committee may ask me about this call (how they end up hearing about these things, I have no idea, but they do.” (Id. at 27). v. E-mail from RPD officer Rick Geller stating “Alderperson Coe was present both nights and while happy with our efforts, has placed a target on Ginger’s as a result of the last few weekends.” (Id. at 28). w. E-mail from Wisneski to Helding with the subject line, “call a spade a spade.” (Id. at 22). x. E-mail from Helding stating that the City was “turning into a Detroit.” (Id. at 30). y. E-mail from Wisneski containing the following joke: “[a] black guy, an illegal alien, a Muslim and a communist walk into a bar. The bartender asks ‘What can I get you Mr. President?’” (Id. at 21). z. Deposition testimony from Cerafin Davalos about Kaplan’s alleged comments to him about the bar Davalos was opening, and asking him “if it was going to be a Mexican bar . . . Kaplan, he said it like in a funny way like having fun, like making fun of me . . . I think because of the Mexican name.” (Id. at 21). aa. E-mail from Helding to Maack in which he stated “Being an official, I feel like I have to restrain on Facebook. Here is my comment on the Gnome. ‘They combine ghetto and trailer trash in a way that hasn’t been seen since Eminem.’” (Id. at 21). bb. E-mail from Wisneski to his mother concerning a bedspread for his son, stating “We will make sure that your grandson gets a nice warm bead (sic) spread. The one he has now looks totally ghetto.” (Id. at 21). cc. E-mail from Wisneski stating “I have seen 2 Marcus signs, both in ghetto neighborhoods . . . .” (Id. at 22).

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1557134.1

dd. Wisneski’s response of “absolutely” when asked at his deposition “if he agreed that black people have been dealing with police brutality and oppression of government for generations,” and that “[i]t does” in response to being asked “if this brutality and oppression still continues today.” (Id. at 19).

ee. Maack’s statement at a Common Council meeting about restrictions imposed on Tinita’s in a Side Agreement prior to opening. (Id. at 26). ff. E-mail from Kaplan to Wahlen stating, “I WANT THE LICENSE REVOKED FOR VIPER’S TAVERN AND FEEL THESE NEIGHBORS HAVE SHOWED MORE THAN ENOUGH PATIENCE WITH WILBER’S INABILITY TO CONTROL HIS PATRONS, ENOUGH IS ENOUGH.” (Id. at 27-28).

gg. E-mail from Mozol that “[t]he object is real simple: NO warnings of any kind. Any and every violation gets an arrest or ticket . . . Take Vipers for instance. Prior to closing, we would have an unmarked sitting/driving around to monitor problems before it gets out of hand.” (Id. at 27).

hh. E-mail from Mozol to an RPD officer stating “Bob, would you be able to dig up some related calls reference Viper’s? I’m not sure if you checked this, but I’m guessing that there are other calls for the 400 Bk. And 500 Bk. High, 1600 Bk. And 1700 Bk. N. Wisconsin.” (Id. at 27).

ii. Mozol’s deposition testimony that he experienced racism in the City when he was a police officer prior to serving on the Common Council, stating “[w]ell, we would get sent to maybe neighbor trouble, and one person was making racial slurs to the other persons. They’re a minority.” (Id. at 19).

jj. Various allegations regarding hip hop music and dress codes. (Id. at 16).

440. Michelle Logan is African-American and was a secretary for the City at the time that she sent the e-mail; Ms. Logan has never been a member of the Licensing Committee or Common Council. (Friedel Decl., ¶24).

441. Sutherland, Pramer and Dr. Shove have never been employees of the City.

(Friedel Decl., ¶25).

442. Chief Howell had no involvement with liquor licensing decisions. (See Cohen Decl., ¶24, Ex. W at 50).

443. Mayor Dickert had no involvement with any liquor licensing decisions. He rarely attended the Licensing Committee meetings (and if he did, it was only in passing and he stayed for a brief moment) and he did not receive minutes of the meetings. (Cohen Decl., ¶17, Ex. P at 113-114).

444. Wahlen had no involvement with any liquor licensing decisions. (See Cohen Decl., ¶20, Ex. S at 27-28, 32-33).

445. Becker had no involvement with any liquor licensing decisions. (Cohen Decl., ¶14, Ex. M. at 65).

446. Officer Purdy was on vacation in India when Wahlen sent the e-mail noted above and contained in Gallagher’s report and he was referring to his friend, Officer Purdy. (Stuart Decl., ¶15, Ex. ZZZZZ).

447. Marcus has no evidence or opinion regarding Viper’s or Cruise Inn because he was not an Alderman at the time that either bar was operating. (Cohen Decl., ¶16, Ex. O at 93-94).

448. Marcus had no evidence that any white-owned bar was treated more favorably than any minority-owned bar except for an example in which he mistakenly classified Pepi’s as a white-owned bar. (See id. at 68-72).

449. Marcus testified that Pepi’s was treated differently than The Place on 6th because Pepi’s was permitted to amend its premises description to permit smoking on a sidewalk while the City deferred a similar request by Fair for a smoking patio at The Place on 6th. (Id. at 68-70.)

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