Common Council keeps Milwaukee flag debate in limbo, congratulates Juvenile

The nearly decade-long debate about Milwaukee’s city flag stayed true to its history and went nowhere on Tuesday. The Milwaukee Common Council, having previously held the matter of whether or not to make the so-called “People’s Flag of Milwaukee” the official flag of Milwaukee—replacing a design in use since the 1950s—voted to hold the matter once again.

The Council then went on to more important things, like budget and zoning issues. Oh, and congratulating southern hip-hop great Juvenile on his recent show at The Rave.

Tuesday’s flag discussion was bizarre—which is saying a lot, because this is a longstanding debate that has included Council members pondering the meaning of the color white and the dangers of looking directly at the sun. The sponsor of the current push to make the “People’s Flag” official, Ald. Peter Burgelis, opened by introducing a substitute resolution that would put the question to voters.

“This has been a long three weeks of many discussions with colleagues and other stakeholders in the community,” Burgelis said, referring to the Common Council meeting in September where the flag discussion was tabled on a rarely used technicality. “Given the conversations we had, I think the best path forward would be to put this question to voters…on the next ballot in April.”

Why the sudden change of tactic? A possible mayoral veto, and dwindling support from fellow alders, Burgelis said.

“The original resolution as presented to Council last cycle, though it had a majority of Council members supporting it, was threatened with a veto from the mayor,” Burgelis said. “And with that, a change in votes. Without ten votes, that original resolution would not have passed this chamber.”

People’s Flag of Milwaukee

But simply putting the question to voters isn’t that, well, simple.

By Burgelis’ own admission, “Act 12 forbids Milwaukee from having an advisory referendum,” nor does the city have the power to create a “non-advisory triggering, or binding referendum.” However, Burgelis revealed he intended to introduce a file that would amend the latter point, thus allowing the flag question to be put to voters.

His idea, however, quickly ran aground.

“So for clarity, the substitution being offered cannot legally be done right now?” asked Ald. Milele A. Coggs.

“It’s questionable,” said Council President José G. Pérez.

Ald. Jonathan Brostoff offered some measured opposition.

“I would like to see this process move forward,” he said, “but given the incredibly circuitous route put in front of us by the state with Act 12, as well as my overall objection to sending something like this to referendum…although I am in support of the change that was originally proposed, I do not support this route of getting there.”

Ald. Bob Bauman, long a critic of the “People’s Flag,” had plenty of thoughts, too.

“I think it’s important we understand that a non-advisory triggering referendum is a device that doesn’t exist under current law,” Bauman said. “There’s no provision in the city code of ordinances that allows us to do this, so we’re going to adopt a substitute that calls for this to happen, and then debate amending the charter to allow it to happen? That seems to be a pretty backward process.

“I get why we want to put it to the people, fine,” he continued. “But understand…the precedent we’d be setting here. Every controversial issue can be sent to a referendum as a non-advisory triggering referendum. And the precedent will be, ‘Well, you did it for a flag! You do it for anything!’ You want Hip Hop Week put to a referendum? You want the African American Office put to a referendum? You want a TIF proposal for the Marcus Center put to a referendum? Any number of issues could be put to a non-advisory triggering referendum. It think that’s a very bad precedent.”

In the end, Burgelis withdrew his referendum plan, and the matter of the Milwaukee flag was put on hold. Again.

“I’m happy to withdraw my substitute at this time,” Burgelis said, “and we can hold the file and continue discussions on the best way forward.”

Still-official Milwaukee city flag

For years, the biggest sticking point for the Council on the matter of the flag has been the original process that produced the “People’s Flag” in the first place. The design, “Sunrise Over the Lake,” was created by Milwaukee freelance designer Robert Lenz and was the winner of a grassroots 2016 contest to design a new city flag.

But questions of inclusion and diversity have been raised about the 2016 contest. A recent report from Milwaukee Chief Equity Officer Bernadette Karanja criticizes the lack of representation in the contest’s judges. It also claims that the “People’s Flag” is flown “predominantly on the East Side of Milwaukee,” and that there is “little to no representation of this flag on the North and immediate South sides of Milwaukee where Black and Brown people reside.”

A report prepared by Burgelis argues that the process was indeed “equitable, inclusive, and reflective of all people in the City of Milwaukee.”

Oh, and about Juvenile.

Immediately following the flag discussion, the Council approved a slew of commendatory and condolatory resolutions. Resolutions like these are typical of every Council meeting, and include official recognitions of city-related achievements, retirements, and deaths. And on Tuesday, they included a shout-out to veteran rapper Juvenile on his recent show–and voter registration event—at The Rave.

“WHEREAS, The October 3 show at The Rave featured music from Juvenile and the 400 Degreez Band – Back That Azz Up 25th anniversary tour, with opening act Mannie Fresh,” reads the official document. “WHEREAS, At Juvenile’s concert at The Rave, Hip-Hop Week MKE, in partnership with The Rave, the Milwaukee Public Library, and the City of Milwaukee Office of African American Affairs (OAAA), held a successful Voter Registration Event that signed up individuals looking to make their voices heard at the polls.”

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