Bangstad files notice of claim against Oneida County

Minocqua Brewing Company (MBC) owner Kirk Bangstad has filed a combined notice of injury and notice of claim against Oneida County, meaning Bangstad has formally notified the county of an alleged injury or incident by the county as a legal precursor of filing a lawsuit.

The Oneida County Board of Supervisors took up the claim in closed session at its regular county board meeting Tuesday. No action was taken in closed session, but by statute the county has 120 days to act on the notice or it is considered disallowed, at which point Bangstad could move forward with a lawsuit.

The claim, which The Lakeland Times has obtained, was sent to the county on Nov. 20. The events giving rise to the claim are given as between July 24 and the present. Bangstad is asking for relief in the amount of $10.75 million.

In the combined notice, Bangstad’s attorney, Nathaniel Cade of Cade Law Group in Milwaukee, says the MBC owner has been the recipient of targeted abuse by county government officials because of his political beliefs.

“Over the past several years, Kirk Bangstad and the Minocqua Brewing Company (MBC) have been subjected to a pattern of actions by various Oneida County officials and employees that target them due to their progressive political advocacy and public criticism of local elected officials,” the notice states. “These actions raise serious concerns about the misuse of governmental authority and potential violations of their constitutional rights.”

Among those whom Cade alleges have targeted Bangstad are the members of the Oneida County Planning and Development Committee — supervisors Scott Holewinski, Mike Timmons, Bob Almekinder, Mitchell Ives, and Dan Hess — as well as supervisor Billy Fried and zoning director Karl Jennrich and assistant zoning director Todd Troskey.

Those officials have selectively enforced zoning ordinances against MBC and treated MBC differently than other similarly situated businesses, the claim alleges.

“This improper treatment has included denying routine business privileges afforded to others, such as parking space exemptions, and repeatedly requiring Mr. Bangstad and MBC to appear before the planning and development committee without legitimate justification,” the claim states. “These actions are aimed at singling out Mr. Bangstad and MBC for disparate treatment, raising concerns under the equal protection clause of the Fourteenth Amendment.”

In addition, Cade wrote, zoning permits have been used in ways that interfere with Bangstad’s First Amendment rights, including his ability to hold political rallies and display political messages on his property.

“The revocation of MBC’s administrative review permit on August 2, 2023, and its conditional use permit on July 24, 2024, were unjustified and appear retaliatory, linked to Mr. Bangstad’s public criticism of county officials,” the notice states. “Such actions have unreasonably restricted his rights to free speech and peaceful assembly.”

Cade said the issues escalated with Bangstad’s arrest on August 17  after he posted what Cade called “a satirical critique” on Facebook related to employees of The Lakeland Times.

“Despite the post being clearly labeled as parody and directed at a matter of public concern, the Oneida County Sheriff’s Department, at the direction of sheriff Grady Hartman, arrested Mr. Bangstad on charges of criminal defamation,” the notice states. “This arrest was unjustified and retaliatory response to his political advocacy, raising further constitutional concerns under the First, Fourth, and Fourteenth Amendments.”

All those actions have caused significant harm to Bangstad and MBC, including financial loss, reputational damage, and emotional distress, Cade asserts.

“They reflect a troubling misuse of governmental authority that warrants further attention and corrective action,” the claim states.

Not the first rodeo

It’s not the first time Bangstad has accused the county of political persecution and threatened legal action.

In 2023, after the zoning committee had revoked Bangstad’s administrative review permit for repeated violations, Bangstad told followers on Facebook that he was going to court, as The Times reported.

“We now have to dive fully into intense legal action, and my company’s top source of revenue, our Tap Room in Minocqua, has technically been shut down,” Bangstad wrote. “I will try to stay open as we’re filing appeals, but I’m not sure how long that will last.”

Bangstad wrote then that he believed he was being targeted for his political views.

“I think what has been done to my company is wrong, and I believe they did this to stop my company’s public activism that helped elect Governor Evers, State Supreme Court Justice Janet Protasiewicz, and to stop our upcoming lawsuit to rid Wisconsin of its parasitic private school voucher system,” he wrote.

In 2022, Bangstad threatened to sue the county unless the county dropped then pending zoning ordinance violations against him, saying the county was violating his First Amendment rights.

In a Sept. 14 , 2022, letter to Jennrich, Bangstad’s attorney in that matter, Mark Leitner, accused the county of targeting Bangstad for enforcement while looking the other way in other cases.

“The purpose of this letter is to advise you that the efforts by Oneida County and its officials, including yourself, to selectively enforce its ordinances against MBC, while refraining from such enforcement efforts with respect to numerous similarly-situated persons and entities, is a violation of the First Amendment’s guarantees of free speech and press,” Leitner wrote, as the Times reported then. “It is obvious that Mr. Bangstad’s political activism has earned him much admiration and support from the people of North Central Wisconsin, and MBC’s products have seen their popularity increase as Mr. Bangstad has become more and more outspoken in support of liberal and progressive political issues and candidates.”

Unfortunately, Leitner wrote, it was also obvious that the “vigorous political speech driving the increased popularity of MBC products” had caused rage and a desire for revenge among the conservative political leaders of Oneida County. 

“The Republican power structure knows a threat when it sees one, and it is eager to use any means — even unconstitutional actions — to cripple MBC and Bangstad and neutralize if not eliminate their ability to rally support for progressive politicians and issues in North Central Wisconsin,” he wrote.

Leitner said he possessed actual evidence of discriminatory treatment not only in the existence of numerous businesses at Bangstad’s Front Street location having been previously allowed to operate without obtaining the permit that the county demanded for MBC, but through the history of actions directed at MBC based on its protected First Amendment activity.

“Over the last few years, the following businesses have operated at those addresses, and none were cited for violating the ordinance in the manner that the county has cited MBC, nor to our knowledge were any even threatened with a citation,” Leitner wrote, listing two cafes; a yarn and fabric store; a shoe repair and sales shop; an Orthotics store; two CPAs, and a benefit planning and investment business.

“Suddenly, out of nowhere, after many years of businesses of all kinds operating at the addresses in question without a word of concern from the county, it is the presence of MBC and only the presence of MBC that warrants citations — the presence of a business that proclaims its progressive politics repeatedly and loudly, from radio shows to the names of its beers,” Leitner wrote. “Tell whatever explanation you can contrive to the judge; we don’t believe the county will have any credibility whatsoever.”

Scores of violations

On the other hand, during a massive year-long investigation of Bangstad’s business between July 29, 2022, and July 25, 2023, Jennrich and zoning staff  logged 80 separate items and scores of potential and alleged permit violations by Bangstad and his company, as The Times has also previously reported.

The entries consisted mainly of staff photos taken at the site with staff details and notations explaining the photos, such as “Two tents with tables & chairs outside with people consuming alcohol,” or “one tent, chairs, and two coolers outside.” Bangstad had no permit for outside serving or operation.

Other notations simply listed “Dumpsters,” presumably listed because they were unscreened. Another ledger item listed on multiple days was of an outside clothing display rack. On May 15 of 2023, staff observed and photographed a Smokehouse Barbeque Food Truck: “[Minocqua] police spoke with operator; Operator disconnected truck, left, and came back. Flag taken down and stuff started to get put away.”

On another day a number of signs was photographed: “Lady Justice, Woke, Love Wins, The New Hope for Wisconsin.”

By far the most common details were of tents, dumpsters, and outside display clothing racks, as well as “Tables and chairs set up outside”; and “People sitting and standing at tables.” As Jennrich had informed Bangstad and his attorney in prior correspondence, such as on August 2, 2022, providing outdoor seating was contrary to the ARP.

The county did issue citations for violations but, as the timeline states, the department received “no responses regarding violations.”

Zoning staff said the department’s documents clearly showed Bangstad to be in business outside the building, in violation of the ARP, and alleged or potential violations were noted by staff on more than 40 days. For example, the department cited an August 29, 2022, Facebook post from a customer who posted that he had a good time at the Minocqua Brewing Company.

“We stopped by last week and thoroughly enjoyed the tap room and an Evers Ale while sitting outside,” the quoted post stated. “Our stop was made complete when a white Miata drove by and the two passengers gave all sitting there the middle finger salute. Ten minutes later an SUV drove by and the driver shouted ‘Let’s go Brandon, you Communists.’ The 10-12 of us got a big laugh. Truly, Minocqua Brewing is an oasis of sanity among a desert of right wing desperation.”

There were also Facebook posts showing “outside sales with Mr. Bangstad in the photos,” though that promoted concerns that the posts could not be used unless the person taking the screenshot could be located and asked to testify.

The timeline also shows that the department issued three citations. Bangstad was found guilty on all three of the citations by default, meaning he did not appear, and was ordered to pay $452.50 per citation. 

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.