Milwaukee Station Files Lawsuit

A Milwaukee television station is taking legal action after the superintendent of a Wisconsin school district prevented its news crew from filming a public school board meeting. WTMJ asserts that the action is a clear violation of Wisconsin's open meetings law.

Following the incident, Attorney Tom Kamenick filed a verified open meetings law complaint on behalf of WTMJ against the St. Francis Public School District and its Board of Education. The complaint was filed with the Corporation Counsel for Milwaukee County, Wisconsin. That office provides "quasi-prosecutorial functions in mental health, guardianship and protective placement, open records requests, and public meetings."

The situation began when WTMJ reporter Megan Lee arrived to cover a regular school board meeting in St. Francis. Lee intended to report on the open session, particularly to see if any community members would speak during public comment about former junior varsity baseball coach Jeff Wuerl. The district had previously announced that Wuerl was removed from his position after being arrested by the Milwaukee Police Department.

Upon arrival, Superintendent Deborah Kerr confronted the news crew and made it clear they were not welcome to film.

"You are not filming our meeting tonight. My board is not prepared for that," Kerr stated in a video of the confrontation with the WTMJ team. "It's an open board meeting, like you said. It's an open board meeting, but you are not filming."

When Lee requested to see documentation of a policy prohibiting filming, Kerr responded, "I'm going to ask you to leave now, and if you don't leave, I've already told you, I will call the police."

Lee believed the superintendent's actions violated Wisconsin State Law §19.90, which states, "Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting."

During the exchange, Kerr repeatedly cited a board bylaw that suggests people should give advance notice if they plan to record open meetings. "We don't give notice to anyone," Lee explained to her. "You know what? We expect notice," Kerr responded.

WTMJ's attorney, Tom Kamenick, President and Founder of The Wisconsin Transparency Project, believes the superintendent's actions were illegal. "She was violating the law in a number of ways," Kamenick said.

Kamenick explained that the district's policy requiring prior contact with the superintendent is also problematic. "They can't do that either," he said. "State law is very clear that anybody who wants to can record any public meeting so as long as they are not obstructing the meeting."

Initially, Superintendent Kerr did not respond to requests for comment regarding the complaint. However, she later released the following statement to the community, apologizing for how the situation was handled:

“Dear St. Francis Mariners Community, I am writing to address a recent media story involving a reporter's presence at our recent School Board meeting and the concerns that followed. I understand there may be confusion stemming from the situation, and I want to provide some clarity. Reporters did attend the meeting without recording and were provided with the information they requested. That said, I apologize for the way the situation was handled. In hindsight, I wish I had approached it differently, and I regret any frustration or uncertainty this may have caused. I recognize that the District must always balance transparency with sensitivity, and I am committed to learn and grow from moments like these. My intent during the meeting was to uphold the District's policy while being especially mindful of the impact the situation might have on the individuals and families connected to a recent, serious matter involving a former Junior Varsity Baseball Coach. The safety, privacy, and well-being of our students and families remain my top priority. The St. Francis School District is grounded in its openness, trust, and community engagement. We remain committed to keeping our families informed and supported through honest, thoughtful communication. Thank you for your continued partnership, understanding, and the opportunity to share this update.”

-Deborah Kerr, Ed. D., Superintendent of Schools