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Common Council upholds 20-day suspension of Brothers Bar and Grill license after downtown assaults

3632391 · June 3, 2025
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Summary

The Milwaukee Common Council approved a 20-day suspension of the Class B tavern/public entertainment and food dealer license for Brothers Bar and Grill at 1209–13 N. Water St., citing police reports of assaults and disturbances. Owners disputed the need for closure and emphasized cooperation with the Milwaukee Police Department.

The Milwaukee Common Council voted to approve the licensing committee's recommendation to suspend the Class B tavern/public entertainment and food dealer license for Brothers Bar and Grill (1209–13 North Water Street) for 20 days after police reports linked operations at the premise to multiple assaults and disturbances.

The suspension, recorded in file 250168, was adopted by roll call with 13 ayes, 1 no and 1 excused. Alderman Peter Bergellis cast the lone no vote during the final council adoption; the licensing committee had originally recommended the 20-day suspension.

Why it matters: Council members said the suspension is intended to respond to a series of public-safety incidents tied to patrons of the establishment and to underscore expectations for management and cooperation with law enforcement in the Downtown Entertainment District.

Owners Mark R. Fortney and his co-owner Eric Fortney addressed the council during a Committee of the Whole hearing. Mark Fortney apologized to the council and said, “If I gave you the impression directly or indirectly that I don't take ownership for the safety of my guests and my community, I sincerely apologize. Let me be clear. As owners, the buck stops here.” Eric Fortney said he and the management team had recently met with Milwaukee Police Department (MPD) officers and that, in those meetings, MPD personnel “adamantly agreed that we should not serve a closure.”

Counsel for the establishment, Dan Boyka, urged the council to weigh the written objections and reports showing cooperation with MPD, saying the business has a pattern of complying with police requests and that a suspension did not fit the facts presented.

Several aldermen sharply disagreed with the owners' presentation. Alderman Robert Bauman criticized the owners' description of interactions with police and said the council had received different information from MPD. “Apparently, you still don't understand how our licensing process works,” Bauman said, adding he considered the recommended 20-day suspension “perfectly reasonable.” Alderman Mark Chambers noted the seriousness of an incident during which “a police officer was assaulted” and said attempts to persuade police officers to speak for the licensees after the committee hearing were troubling.

Council procedure and votes: The council first convened a Committee of the Whole to receive testimony limited to five minutes per side. Alderman Bergellis moved to reduce the suspension to 10 days; that motion failed on a roll call, 1 aye, 13 no, 1 excused. The council then approved the licensing committee's recommendation to impose the full 20-day suspension (file 250168) by a roll call of 13 ayes, 1 no, 1 excused.

Clarifying details: The licensing committee's report (file 250168) cites police reports alleging assaults, battery and disturbances connected to the premise; a written objection to the committee recommendation was filed by the licensee. The transcript refers to an incident on 08/09/2024 as part of the record. The council record shows the suspension is a renewal of a previous disciplinary action and that written objections had been submitted to the clerk.

What comes next: The council's action implements the licensing committee recommendation; the bar remains open until the suspension becomes official per licensing procedures. No further enforcement schedule or appeal timeline was specified on the record.