Milwaukee legislators offer ‘Sleeping in the Park’ bill

State Reps. Frederick Kessler, Jonathan Brostoff and David Bowen and Rep.-elect David Crowley are proposing legislation to prevent law enforcement officers from arresting or attempting to arrest a person for simply sleeping in a county park.

The measure is a response to the shooting death of Dontre Hamilton in Milwaukee on April 30, 2014, by a Milwaukee police officer. The officer had been responding to concern that Hamilton was sleeping in Red Arrow Park. Hamilton had been questioned by two other officers and was found to have been doing nothing more than sleeping.

He was questioned a third time in a situation that escalated to a fatal confrontation.

“Given the tragic death of Dontre Hamilton, it raises questions about the alleged violation he committed by simply sleeping in Red Arrow Park,” Kessler said in a press statement. “For that simple concern, Mr. Hamilton was confronted by two officers initially, on two occasions, and then later, after being questioned by a third officer, lost his life.”

Brostoff stated, “Public parks are for people, period. This legislation will help members of our community who simply want to enjoy a public park and decrease the sort of harassment that led to Donte Hamilton’s terrible demise.”

“If we do not govern to prevent this kind of human rights violation, who will?” asked Crowley. “For too long we have seen an erosion of human rights, especially in communities of color. We need to take proactive steps with legislation like this to ensure the rights of all citizens, without stifling the honorable work of law enforcement.”

The legislation would allow for police to arrest someone sleeping in a county park if that person is known to be wanted for arrest on other charges or the officer believes the individual is a threat to public health or safety. The measure also would provide for county ordinances that prohibit sleeping in a park, but limit the penalty for doing so to a forfeiture of not less than $10 and no more than $200, plus costs.

“There has to be more common sense,” Kessler said. “If you are merely sleeping in a county park, and an officer has no reason to believe you have committed another crime and there is no warrant for your arrest, then there is no reason to be arrested or questioned if all you are doing is sleeping. This legislation is a simple proposal and will hopefully prevent a tragedy such as that involving Dontre Hamilton from happening again.”