PHOTO: Courtesy of WLUK
GREEN BAY, WI (WTAQ-WLUK) — A lawsuit brought by former Green Bay alderman Chris Wery over covert audio surveillance inside City Hall has been moved to federal court, according to documents city attorneys filed Wednesday.
Wery originally sued the city of Green Bay and Mayor Eric Genrich in Brown County court in March, alleging hidden microphones installed in City Hall violated state privacy laws and his Fourth Amendment rights.
In a notice of removal filed Wednesday, attorneys for the city and Genrich argued the case belongs in the U.S. District Court for the Eastern District of Wisconsin because Wery’s complaint includes constitutional claims under the Fourth Amendment. The filing formally transfers the case from Brown County Circuit Court to federal court.
Court records did not show an immediate challenge to the removal Wednesday.
In a separate court filing, the city acknowledged certain audio and video recording devices were installed on the first and second floors of City Hall between December 2021 and June 2022. However, the defendants denied the surveillance violated state or federal law and argued there was “no reasonable expectation of privacy” in City Hall hallways.
Wery’s lawsuit alleges the microphones secretly captured private conversations involving council members, constituents, attorneys and reporters without their consent. The city’s response denies many of Wery’s allegations.
The lawsuit stems from debate that first surfaced publicly in 2023, when Green Bay officials confirmed microphones had been installed in portions of City Hall for security reasons. A previous lawsuit over the microphone system was settled in 2024.
While the city maintained it was a standard surveillance system installed for public safety, a judge ordered a halt to the use of the system and the Common Council voted to prohibit audio surveillance.
A special prosecutor said last month no charges will be filed against Genrich related to the recording devices.
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