Wisconsin court issues arrest warrant ‘in error’ for Minocqua Brewing owner

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Last week, an arrest warrant issued for Kirk Bangstad, the owner of Minocqua Brewing Company was issued in error by the court, according to court documents. Bangstad recently made headlines as he was suing the town of Minocqua in another matter.

During an interview with the Wisconsin Law Journal on Wednesday, Bangstad’s attorney, Frederick Melms, maintains despite what CCAP is reporting, “no arrest warrant was ever issued,” for his client.

Melms said he was aware that CCAP was falsely reporting the arrest warrant was authorized, but did not see it was actually listed on CCAP as being issued for his client.

Melms noted the external public facing side of CCAP looks different than the backend that counsel assigned to the case see.

Regarding the authorization of the arrest warrant being listed on CCAPS, Melms said, “That wasn’t an error on the part of the court clerk, it’s more a limitation of CCAP.”

According to Melms, CCAP doesn’t have the capability to recognize when opposing counsel submits a proposed unsinged bench warrant.

Melms noted opposing counsel, Matthew M. Fernholz, filed the unsigned warrant with CCAP requesting the judge sign the bench warrant for Bangstad.

“999 out of 1,000 times when an unsigned bench warrant goes into CCAP, it’s because a judge ordered the clerk to prepare one. In this incase the judge didn’t order it, opposing counsel did. CCAP isn’t set up for this because the situation is so rare,” Melms said.”

The authorization of the arrest warrant “is an error from the perspective of a record, but not by the clerk,” he said.

As far as CCAP reporting the arrest warrant was issued “in error,” he deferred questions to the clerk.

During a telephone interview Wednesday with Krissy Doane, clerk of courts for Forest County, Doane noted the clerk handling the manner was in Onieda County.

“We have limited access to what we can see from out of county, however, I can see that the arrest warrant was issued and then canceled because the judge declined it,” Doane said.

“It was canceled due to a clerical error,” Doane added.

Also on Wednesday, the Wisconsin Law Journal spoke to the Onieda County civil clerk Michelle, she declined to provide her last name.

“When the arrest warrant was authorized, it was forwarded to the judge, but not yet signed. When I processed it, I entered the wrong code in error,” Michelle said.

Michelle deferred further questions to the Oneida County Clerk of Courts Brenda Behrle. According to Behrle, the arrest warrant was “authorized” because the plaintiff’s attorney proposed it.

However, “When the judge declined it, the clerk (Michelle) accidently entered the wrong code, issuing the arrest warrant. She immediately fixed it,”  Behrle said.

“It was pulled through in error, it was immediately corrected,” she added.

The Wisconsin Law Journal attempted to reach plaintiff’s counsel, but no one could be reached prior to publication.

As previously reported by the Wisconsin Law Journal, Forest County Circuit Court Judge Leon D. Stenz was asked to issue the arrest warrant on April 17, upon the request of opposing counsel.

According to court documents, Bangstad failed to show up for a court appearance in Oneida County Circuit Court earlier in April for his defamation lawsuit with the Lakeland Times.

As previously reported, Bangstad lost the 2023 case and was ordered by the court to pay the newspaper publisher more than $750,000 in damages.

Two motion hearings have been scheduled for next month.

Also as previously reported by the Wisconsin Law Journal, the Minocqua Brewing Co., led by its owner Bangstad, formally filed a lawsuit against the town of Minocqua and several key figures, alleging violations of both the United States Constitution and Wisconsin state law, company officials said in August of 2023.

“This isn’t just about a business; it’s about standing up for the core values that our nation was built on. We cannot stand by and let our constitutional rights be trampled upon,” said Bangstad back in August.

According to Bangstad, the lawsuit, rooted in the protection of individual and business rights, claims a continued pattern of authoritarian conduct, retaliation, harassment, and intimidation by the defendants.

“Our company has always strived to be a positive force within the Minocqua community,” said Bangstad. “To face such blatant discrimination and obstruction based on personal or political beliefs is both disheartening and fundamentally wrong,” he added.

Bangstad said of significant concern is the allegation that the defendants have obstructed the Minocqua Brewing Co.’s zoning applications without justifiable cause. The company asserts that they have been subject to an extended and notably more challenging zoning procedure compared to other businesses within the town. Moreover, it is alleged that biased members of the Town Board of Supervisors have been permitted to decide on zoning matters related to the Minocqua Brewing Company.

“Every business deserves a fair shot, and what we’ve experienced is a deliberate attempt to undermine our success. We just want an even playing field,” Bangstad added. “It’s troubling to think that those with personal biases are influencing decisions that impact our business and community,” he said.

Additionally, the lawsuit claims that the defendants have engaged in a campaign of intimidation against the brewery, filing complaints without proper authority and discriminating against them while ignoring similar complaints about other businesses.

“These actions seem less about upholding any sort of law and more about settling personal scores. It is time for accountability,” Bangstad emphasized.

The Minocqua Brewing Co. and Bangstad urged the courts to ensure that the rule of law is upheld and to hold the defendants accountable for their purported actions.

According to Bangstad, the Minocqua Brewing Co. has become a strong progressive voice in Northern Wisconsin, drawing thousands of tourists from across the country to our historic taproom in downtown Minocqua.

The Wisconsin Law Journal reached out to the town of Minocqua for comment. As of the time of publication, no one was reachable to comment.