No decision reached in court battle over effort to speed up Milwaukee police's video release policy

A court battle over the Milwaukee Police Department’s policy requiring video footage of police shootings to be released within 15 days is likely to drag on for some time yet.

Milwaukee County Judge Brittany Grayson was expected to issue a written ruling Friday on whether the city of Milwaukee violated collective bargaining agreements when it created the policy in April 2023.

Instead, Grayson denied a motion to dismiss the case by the city and a motion for declaratory relief by the Milwaukee Police Association, the union representing rank-and-file officers, which filed the lawsuit.

Grayson did not make a final ruling on the matter and scheduled a court hearing for May 16, ensuring the case will pass the one-year mark before reaching a resolution.

The policy in question was approved by the city’s Fire and Police Commission last year, before a new state law removed the commission’s power to set policy for the Police Department and returned it to the police chief.

The union filed its lawsuit the day after the policy was approved, arguing the city did not satisfy “meet and confer” requirements in the collective bargaining agreement. The policy has been blocked from taking effect until the case is resolved.

The policy has stirred controversy among law enforcement officials in the Milwaukee area. Previously, Milwaukee police would release footage of police shootings, in-custody deaths and other “critical incidents” involving officers in a 45-day goal-oriented timeline. The footage released is limited, edited and narrated by police.

Law enforcement have said that timeline is crucial for preserving the integrity of investigations and ensure the privacy of those seen in the footage, among other considerations.

But the issue is reflective of longstanding community trust issues with police. Activists and other community members have called for greater transparency.

The commission, which was pushed by the activist group the Milwaukee Alliance Against Racist and Political Repression, ultimately approved the policy unanimously. It does not allow police to extend the 15-day timeline and it also requires officials to make footage available to family members of those killed by police within 48 hours.

Twice since January, Chief Jeffrey Norman, who is now empowered by state law to adjust the department’s policy as he sees fit, has declined comment on how he might act after the litigation is settled.

While the policy was being discussed by the commission, Norman lightly pushed back against the proposal, preferring a 45-day goal-oriented timeline. But he did say at the time he would accept whatever decision the commission made.

Contact Elliot Hughes at elliot.hughes@jrn.com or 414-704-8958. Follow him on Twitter @elliothughes12.

This article originally appeared on Milwaukee Journal Sentinel: No decision in court battle over Milwaukee police video release policy