Milwaukee considers resolution on dockless scooters as state Assembly sends bill to Evers

A resolution on electric scooters that is under consideration by the Milwaukee Common Council would bring the city's ordinance in line with changes in state law that the Assembly sent to Gov. Tony Evers' desk on Thursday.

Milwaukee's proposal depends on Evers signing into law the bill that would allow local governments to regulate electric scooters.

The Common Council proposal would regulate the scooters' operation.

Electric scooters would be allowed to return to the city as part of a pilot program. 

Almost exactly a year ago, Bird dropped scooters unannounced on city streets on the first day of Summerfest.

Ald. Robert Bauman, who sponsored the proposal, said the appearance of the electric scooters in Milwaukee last year set off intense debate about their legality and whether they were a nuisance or an amenity. 

The city attorney determined that under state law, the scooters could not be legally operated on city streets or sidewalks — a conclusion Bird ignored, prompting the city to sue.

Bird ultimately removed the scooters.

Once state law changes, the city is prepared to move quickly to allow applications to the pilot program, said Department of Public Works spokesman Brian DeNeve.

The scooters will not be permitted on sidewalks under the city's ordinance.

How well that works will depend on how strictly police enforce the provision, Bauman said. He said the Milwaukee Police Department could have cited all Bird riders last summer, given that the scooters were illegal, but police chose not to do that.

Without enforcement of the sidewalk prohibition, Bauman anticipated more problems. 

"There are going to be continuing complaints, there's going to be pressure from a lot of constituents to ban them entirely — again — and we'll be right back not completely where we started but pretty close to where we started," he said.

The proposed resolution has been assigned to the Public Works Committee, which meets Wednesday morning. Bauman anticipated unanimous support for the measure from the Common Council. 

The city and company said in court documents in May that they had reached a settlement, but the terms have not been released.

"Certainly, the dimensions of the discussion they were having: Bird was paying us, not the other way around, thereby implicitly conceding that the city was right all along," and that they needed the Legislature to amend state law, which has happened, Bauman said.

Contact Alison Dirr at 414-224-2383 or adirr@jrn.com. Follow her on Twitter @AlisonDirr.