Judge denies restraining order in Bangstad case

A northern Wisconsin circuit judge has denied a petition by Lakeland Times publisher Gregg Walker for a four-year harassment restraining order against Minocqua Brewing Company owner Kirk Bangstad, saying Bangstad’s recent conduct was both “outrageous” and “bullying” but did not meet the statutory criteria for an injunction because it was an isolated incident.

Vilas County circuit judge Martha Milanowski, who was hearing the case after Oneida County judge Michael Schiek recused himself, had previously signed a temporary restraining order against Bangstad after a June 27 incident in which Bangstad and others at his Minocqua Brewing Company location hurled repeated profanities at Walker as Walker left the newspaper office for the day.

The Times is located across the street near the Minocqua Brewing Company and is in full view of Bangstad’s establishment. Walker did not respond to the tirade. According to the police report by Minocqua police office Jarrett Radmer, Bangstad engaged in indecent, profane, boisterous, unreasonably loud, and otherwise disorderly conduct.

Bangstad was charged with two misdemeanors — disorderly conduct and bail-jumping — for the disturbance that also prompted a complaint from residents of the house adjacent to the Bangstad business. The residents of the home had called the police department reporting inappropriate conduct by Bangstad and the others that were in the MBC beer garden that day prior to Walker reporting the harassment.

He was also issued a forfeiture for harassment.

The bail-jumping charge arises from alleged violations of Bangstad’s bond conditions on a criminal defamation charge he is facing for publishing a fake photo of Walker and Times’ general manager Heather Holmes in a pornographic rendering. That case is open and, under the terms of the bond in that case, Bangstad is not to commit any crime or to directly or indirectly threaten, harass, intimidate, or otherwise interfere with Walker or Holmes. 

Those conditions also prohibit Bangstad from issuing any threats against Holmes or Walker that would intimidate them as witnesses in that case.

In her decision on Friday, rendered from the bench, Milanowski made it clear that such behavior as occurred on June 27 could not be countenanced, observing that, in watching video of the incident, she could hear the loud commotion, even though it was taken from across a busy highway in Minocqua on a Friday afternoon.

“It was loud,” Milanowski said. “It was disturbing. It was outrageous. When will this all end?” 

The judge compared the behavior of Bangstad and others arrested (but ultimately not charged) to that of children and said the ongoing profanity and middle-finger flipping was bullying as well as outrageous.

“He [Walker] clearly felt intimidated,” Milanowski said.

The judge also brushed aside defense claims that Walker had perjured himself by saying that some in the crowd had yelled for him “to die” when no other witnesses had corroborated hearing those words. However, Milanowski said emphatically there was no perjury because it was impossible to know for sure what people said or didn’t say in such ongoing chaos and screaming.

All that said, though, Milanowski said she could not grant the injunction because the conduct did not meeting the statutory criteria, specifically the definition of harassment as “engag[ing] in a course of conduct [‘a series of acts over a period of time, however short, evidencing a continuity of purpose’] or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.”

Milanowski said Facebook posts that had been submitted into evidence as part of an ongoing pattern of harassment and intimidation, particularly the photoshopped image of Walker and Holmes as well as merchandise that could be interpreted as urging violence, did not constitute a true threat, and, besides the June 27 incident, there had been no other interactions between Bangstad and Walker.

If there had been, Milanowski said, things would be different.

“If there had previously been incidents like this, the finding of the court would be completely different,” she said.

Fernholz: The definition fits

Walker’s attorney, Matthew Fernholz, had a different take in his argument for the injunction.

During the hearing, Fernholz cited what he said was evidence in his online posts that Bangstad was an ongoing threat, including selling a T-shirt reading, ‘Be a Luigi,” a reference to Luigi Mangione, who is charged with the assassination of UnitedHealthcare CEO Brian Thompson in 2024. Mangione allegedly shot Thompson in the back, and has since garnered support in some progressive circles. 

For his part, Bangstad denied he ever advocates violence and that what Mangione allegedly did was “bad,” but he said such bad acts sometimes end up elevating important issues into the public consciousness. He cited the assassination of Archduke Franz Ferdinand, which started World War I, as another example.

Still, Bangstad said he had never threatened violence or encouraged anyone to engage in violence, and Milanowski, in her decision, found that Bangstad’s ongoing posts were not threatening in nature.

Fernholz also argued that Bangstad’s actions on June 27 had clearly violated the terms of his bond conditions: “The harassment definition clearly applies with Bangstad.” 

Milanowski obviously disagreed, but, during his testimony, Radmer underscored Fernholz’s contentions about the threats posed by the incident, calling the crowd at the Minocqua Brewing Company “an angry mob” and testifying that, when he arrived on scene, he heard loud yelling and finger-pointing and profanity. 

Stressing the perceived danger of the situation, Radmer testified that he would not go across the street until back-up arrived.

“I perceived it as a dangerous situation because of the loud use of language and the use of alcohol,” Radmer testified. “I would have been severely outnumbered if anything were to happen.”

Radmer testified that Bangstad seemed intoxicated, and on the stand Bangstad said he thought he had consumed five beers.

During cross examination, Bangstad’s attorney, Fred Melms, (no association with Melms, Hogan & Francois law firm), asked Radmer why he had described the conduct as harassment and intimidation.

“Because that’s what they were doing,” Radmer replied.

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