Attorney demands city of Wauwatosa purge list of people who took part in summer protests

NOW: Attorney demands city of Wauwatosa purge list of people who took part in summer protests

WAUWATOSA, Wis. (CBS 58) -- The push is on in Wauwatosa to purge a list of names that those on it say put them at a disadvantage with area police departments and the FBI.

It's come to be known as the Tosa protester list. On it, nearly 200 names. Now, an attorney who says she too was a target is demanding the Common Council step in and have the list purged.

Men and women, some private citizens, others in the public eye, took to the streets of Wauwatosa last year. Those who showed up wound up on a list Tosa police reportedly shared with Milwaukee and the FBI.

"Well I think it's really disturbing," said State Representative Jonathan Brostoff (D) 19th District.

State Rep. Brostoff is on the list. So is Attorney Kimberley Motley.

"I have the right to privacy. I have the right not to be monitored," said Motley.

A month after Motley obtained the document in an open records request, Tosa has taken no action to destroy it. 

"You would think that frankly the mayor would understand the potential legal liability he is opening the city up to by his inaction. I believe he said it was something to the effect of 'it's troubling,' but he didn't do anything about it," said Motley.

The list predates Tosa's new police chief. Motley says that's why she sent this letter to the Common Council, to get them to order the Wauwatosa Police Department (WPD) destroy the protester list and order the WPD to contact any third party entities who received the list and instruct them to destroy it. 

"So I just want them to do something instead of constantly shoving their heads in the sand and doing absolutely nothing," Motley said. 

But Tosa's attorney, Alan Kesner, says they can't purge it. 

In his words, "The investigative file is a public record and there are numerous state statutes which would make it a crime to destroy or alter the public record."

For now, the feds haven't yet told Motley whether they'll answer her call to investigate the entire department, but Congresswoman Moore and Senator Baldwin are on board.

"I think that their words carry a lot of weight right now and I'm hopeful that they're gonna help bring this situation to justice," said Rep. Brostoff.

Motley says attorneys around the country have personally reached out, saying they'll represent her should she file suit against the city for putting her name, drivers license photo, home address and phone number on the list. 

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