On Wednesday, August 6th, 2025, the nonprofit group Washington Park Neighbors hosted a free community concert at Washington Park in Milwaukee, Wisconsin. One of the attendees was local resident Robert Newhauser, who performs as a clown under the stage name Consternation. He showed up in a handmade vehicle and delighted kids by giving away balloon animals at no cost. However, his presence raised concerns for the event organizers who decided to contact law enforcement. Responding to the call were Deputy Carlton Thomas and Deputy Maxwell Ston of the Milwaukee County Sheriff's Office. They first spoke with event organizer Eric Gutro, and the exchange that followed was captured on Deputy Ston's body camera. >> What's up? >> Hey, how's it going? >> How's it going? >> Yeah, I got I got a fun gentleman. Uh you want to just start out with your you do that element first. >> Yeah. So uh Joker up there with the uh not street legal vehicle over there. He was riding >> right here. >> Right here. >> Uh he was riding on the path up there. I stopped him. >> Um I'm on the board for this event. >> Okay. >> Um said, "Not complaining about anything else, but we can't have you riding through here. There's kids everywhere. You're moving way too fast." >> Got super with me right off the bat. Well, I'm the clown. Everybody's waiting for said that's not the point. he can't be riding up here. >> And then he ripped up the grass when he did a burnout to get away from him. >> Um, everybody on the board wants him out of here because when he was here last year, a lot of the parents complained about him being around all the kids and having creepy vibes and we're pulling kids out of his line. So, we're just trying to get him out of here. >> Okay. You want him out? >> Out and not come back. >> He's uh My issue is I tried to have a I've dealt with him in the past. You know, he's always like freedom of speech. Freedom of speech. I'm like, first of all, like you said, this isn't a freedom of speech issue. I've never tried to infringe on that. I can't. I'm a park ranger. >> Yeah, >> this that that's that's not the topic here. >> But he's uh you know, he's just using a >> This is a permitted event, right? This is permits pulled and everything like that. >> Well, he's going to say I'm not charging. I have a tip box. I'm not asking. That's that's his angle. Um my issue was I'm trying to have a conversation, especially with the kids. You know, he's like just continuing to get louder and louder, you know, getting upset obviously. Um, then he's taking his air pump and he's going like this, you know, like while he's talking. He's like going over kids' heads. I'm like, "Hey, at the very least, can you not, you know, do that? Wave it around the kids' heads in case a balloon pops in in a kid's face." And >> it's just it's like a spike hanging out. Yeah. I'm not trying to nitpick, >> right? And I I own a small business in in the Heights here and he rides by all the time and even the parents that come in, they're like, "We don't let our kids around him at all. We don't trust them. So, we just want them out of here." >> How do you know this is going on? Does he come here a lot? >> This is his first time here this year. >> Well, I seen him uh two weeks ago. >> Oh, he did come here. >> I ignored him cuz he's a just a big hassle. >> Let me ask you this. All these vendors in here, do they all like Are they all permitted to be in here? Like >> they're all permitted to be here and they pay to be here. >> He doesn't even have vehicle. >> Yeah. >> No. He's like, it's not a it's not a vehicle. I was like, it's got a motor, right? Cuz he made it. I love that's not my job. >> Gotcha. [Music] >> Dispatch, for the vehicle for that roll over lane four now. He's just sitting there to try to explain one more time. [Music] >> How you doing, sir? >> How are you doing today? >> Good. How are you? >> It's a pretty neat vehicle you got there. >> Thank you. So, I've been told by the person who's holding this event that you're not allowed to be here. >> Why would that be? >> Cuz you're not permitted. It's a permitted event. >> What? Who make It's an open event. >> Mhm. >> And by the way, call your supervisor then. >> Call your supervisor because every time I've dealt with this in the past, it ends up you end up calling your supervisor for verification. But I can be here as a buster. I'm not charging for anything. I am not a vendor. And when the woman Oh, she took off. They were falsely accusing me of damaging a lawn when every one of these gear that weighs 10, you know, 8 to 10,000 lb. This weighs 500 golf carts. There she is. The golf carts weigh more than this. And those are golf cart tires. >> Yeah. >> And I'm running lower PSI than they are cuz this thing only weighs 500 lb. >> Why does it got a license plate? >> Oh, that's part of the fender. That's actually part of >> it's a motorcycle. No, that's Yeah, it's just a part I use to patch up. There's no relevance to it. The the vehicle it came from was my deceased roommates car. It's one of the things I kept. >> Oh, okay. So, it's like sentimental. >> It's a sentimental piece. >> Gotcha. Gotcha. So, what are you doing here exactly? What are you doing? >> I'm making balloons for the kids. >> Balloons for the kids. >> Yes, you can. >> Huh? >> Yeah. Right. >> Yeah. It's just, you know, I'm a busker. This is actually gone to the Supreme Court. >> Uhhuh. >> And I have every right to be here cuz why? Where is Show me where the gate is. Show me where the ticket master is. Yeah. >> You know, it's not a private event >> and so it's not reserved as a private event. This is an open air concert in the public, which means I have every right to be here as a busker. If I wanted to be a street musician playing off just over there on the edge of the hill, long as I'm not interfering with that performance, which I'm not, >> right, >> I'm perfectly fine. Okay. >> Again, I'm not interfering with anybody else's freedom of speech. They're interfering with mine. >> I got >> Mr. Newhouser argues he can be at the park because it's a public event and he's performing as a street artist. Legally, he has a point. Public parks are considered traditional public forums, meaning they're some of the strongest protected spaces for free speech and artistic expression. Still, that protection isn't unlimited. Courts have said cities can set reasonable rules on when, where, and how people perform as long as they're fair and not about silencing the message. For example, in Clark versus Community for Creative Nonviolence, the Supreme Court upheld limits on overnight protests in parks, showing that rules about how expression happens can be valid. But courts have also struck down regulations that went too far. In Leaderman versus United States, restrictions on performers near the capital were thrown out because they unfairly burdened free expression. >> You mind giving me your name? >> Uh when you show me charges. >> I got you. >> I'm I'm sorry. I'm just protecting my rights at this point. And these kids need to learn this cuz I'd rather use this as a teaching moment to make sure that >> Okay. You understand that if you've not committed a crime, you do not have to give an officer your identification or identify yourself. >> I will say this, they were mentioning that you're doing burnouts with this thing. >> Distant can't do burnouts. >> That's what I was told. >> Really? How would you like to drive it? I mean, >> oh, no, no, no. I wouldn't even know how to drive this thing. >> You know, >> did you make this? >> Yes. >> This is what they used to teach kids about conservationism. >> No, >> it's a teaching tool. >> Are you from Milwaukee? >> Yeah, >> I live in the neighborhood. >> That's interesting. >> This is my neighborhood. This is my park. >> Yeah. >> This is the park you go to? >> One of them. I also go down to Southshore Park, which I [Music] >> um let me just He doesn't have a permit, but obviously uh this is a public park and if it's a it's open to anybody. Um >> I'm going to end recording. >> How you doing? >> Happy. How are you doing? [Music] Why? >> I don't need a permit for this. >> Well, here's the deal. Unfortunately, you do. >> Since when? >> Supreme Court's actually ruled on this. >> Okay. >> And you might be right now. I need your information. It's already >> No, no, no. Whoever's stopping me here and I want the names of all those individuals over there. >> They were I No, I want your report. I want all that. Is that information on here and how I get it? >> Yeah. Immediately. Cease and desist. Making balloons. Okay. Sorry, guys. Okay, kids. The sheriff's department is shutting down freedom of speech. Want you to be aware of that. >> This is what the police do. They stop everybody. >> Say what you're sorry to hear. >> No, you don't tell all these kids that you apologize for from what? >> What was the complaint? No, because now I got a complaint. Another complaint here. Why don't you come with real? How about you bring the conversation over here where the parents are? We're going to do this one of two ways. Okay. Either you're going to go to custody or deal down the jail. >> Oh, wait, wait, wait. I threaten you with arrest. What is my crime? >> Operating off a roadway. Criminal damage of property. >> What? Criminal damage? What? What damage of that? No burnout. >> Burn. Show me the evidence. Witness. Hey. No. Bring them over here. That's not how that works. >> Hey, everybody follow me. >> Is he detained? >> No. Apparently, apparently they're detained. >> No. Please, please grab your cameras. Come along, everybody. >> Is he detained? >> Or is he free to go >> right now? >> No. Is he detained or is he free to go? You know the [ __ ] law. >> You know the law. Come on, man. This is your job. [Music] >> I didn't. >> Show me. >> Oh, hey. This the guy that >> you're put your hands behind your back. You are now being detained. >> Why are you touching him? >> He's being detained. for criminal criminal damage to property. >> Again, this >> Yeah, this is Thomas, >> Thomas. >> No, of course not. >> Oh, feel free. Thank you. >> I have two phones in this pocket. Keys in one pocket. Wallet. >> The phone right here. >> Yeah, that's one phone. >> All right. Put this right. >> Why are you detaining me? Well, we just explained that roadway and criminal damage property. >> There's no criminal damage. Show me the damage. >> Take you over there. >> There's nobody got the pictures on my phone. >> There's no damage that tore up the grass. >> It couldn't have. >> The deputies put Mr. Newhauser in handcuffs, telling him he was being detained for driving off the roadway and for damaging park property during an alleged burnout. The relevant section of Milwaukee County's ordinances makes it clear. You can't drive a motor vehicle anywhere in a park except on designated roads, driveways, or parking areas. Since the rule defines a motor vehicle as anything that moves under its own power, the fact that he drove across the grass would likely count as a violation, unless the spot had been specifically marked for vehicles. The second issue was the damage to property charge. Under both state law and county rules, it's illegal to intentionally harm someone else's property without consent. In a past Wisconsin Supreme Court case, the court explained that prosecutors must prove not only that real damage occurred, but also that the person meant to cause it. Mr. Newhauser denied doing burnouts and even argued his vehicle wasn't capable of it. While a torn up patch of grass might technically be seen as damage, he could argue it was accidental or caused by something else. Without proof of intent or clear evidence he caused the damage, the charge would be very difficult to sustain. >> Right now, it couldn't have. >> It's not that. >> Oh, please don't play this game. >> Check that side. transmission. >> Oh, do you want to switch? >> Yeah, >> you want to switch. >> Built it. >> Yes. >> I'll check this side. >> Yes, I created it. >> That's awesome. >> I didn't double locker either. >> Okay. >> Whatever you guys >> No, I mean >> I'm going to double lock it so it doesn't end up. >> Shame on both of you for doing this, but you know, now you got a bunch of very upset parents and kids. >> Congratulations. >> So that's going to get towed if you end up going to jail. What do you >> Can I That's >> Don't put me in jail. I mean, I'm not What am I doing? Let's work through this then. Okay. >> No, I'm going to I want all your information. I want that land on the citation. >> What citation? >> Again, you're operating off roadway. >> Every one of those vehicles up there is operating off roadway. >> You don't have a permit. >> I don't need a permit to be a buser. >> You do need a permit to drive off the road. >> Let me just safety lock these for you. >> Hey guys, I bring art and inspiration to the children. This is how you should be. Do you >> I'm wearing cuffs right now. I don't think you do. >> Well, you're very subject because I'm not the opening wrong and that's that's just it. Your supervisors before have you guys are, you know, nitpicking at me >> in order to make prove they wanted you to leave and apparently they were you were asked to leave. You didn't want to leave >> and because I have a right to be here. >> Do you understand that? >> You pulled the permit you would >> I don't need a permit to for freedom of speech. I don't need a permit. I'm giving balloons away. I'm not selling anything. >> Do you understand that? >> I do. >> That's so You do not Everybody else here has But you do not You don't They're selling things. >> There's There's people here that don't have permits that aren't selling things. So, >> what are permits do they have? >> You're going to do But it seems like you're very thorough with all the stuff that you're involved with. >> So, you'll just hold the stuff that you do. >> Just get me out of here so I can get home. Get home and get to my dog. >> You got an ID with you today? >> You haven't? >> Is it right here? Yeah, that would be right there. Seeing you you're illegally arresting me and detaining me. [Music] >> So, that's the plan. Citation and release from custody. >> Yeah. Can you just leave the door open so I can smear, please? Thanks. >> No, I I shouldn't get a citation at all. And you know, I'm going to fight this. >> You have every right to. >> Yeah. Well, I've also been lied on. So, I expect that county employee to be What? Burnout there. That never happened. >> And I I'll tell you this. We have a witness who saw you burn out with your your motorized vehicle. >> It is not possible. And the witness is lying. That's that woman in the gray shirt driving the golf cart. >> That's not my witness. >> You're lying to me now. I'm not. >> Then then she got somebody else to to lie. >> Okay. >> Because that that thing does not do a burnout. It cannot. It does not have the power for that. If anything, it's a bit underpowered. >> What's wrong with getting a permit? >> First of all, I'm a busker. I don't need one. It's freedom of speech. >> A what? Say it again. have a busker. B U S K B E B U S >> K T K E R. >> Okay. >> All right. And that's a basically a street performer and that's a cover under the first amendment. You do not need a permit. If I started selling balloons, then I need a permit. >> Yes. >> Okay. >> And you were not selling? >> No, I was not. I'm giving them away. I didn't even get a single tip to them. I'm not even concerned about that. >> And I agree with that. >> I didn't even bring my This is my neighborhood, so I don't bring my tip jar generally up to this park. >> Yeah. And I agree. I didn't see I was there. I didn't see you. I witnessed you not selling any balloons. >> Yes, you are on hyper consent. Correct. So, I've broken no law. >> So, we have the criminal damage property. >> There's no criminal I didn't damage any property. >> So, the turf. So, I'll show I'll give you an example. >> Can you show me the turf? >> I think he's going to take you to it. >> I'd like I'd like to see that as soon as possible. >> So, I we have to take reports here all the time when like someone comes here in the parking lot do or not the parking lot but like the grass and does burnouts. That's >> damage. First of all, do you seriously? Number one, that thing cannot do a burnout. Once again, for the last time, it doesn't do that. They're This is why they are lying on me. It is incapable of that. >> I got you. And you have every right, you know, you're going to fight it and >> Oh, I plan on fighting this and I plan on filing a lawsuit against discrimination. >> And that's I mean, this is my freedom of speech we're talking about here. I have done nothing but make children happy. >> Mhm. >> Yeah. So, I'm going to need your body cam and everybody else's body cam. And then I'm going to find out who's lying on me. >> Yeah. >> Because there's no evidence. What they're pointing out is probably something I but passed but not nothing I did. >> Right. >> All right. And the thing is, if that thing finds a pothole, it gets stuck in it. It can't pull itself out of a pothole. >> Oh, yeah. >> And there's divots in this in this lawn. I got to be careful about being on the lawn. So, if I hit a divot or you know, like rabbits will dig small shallows when they're in the spring for the babies. You hit one of those, I'm stuck. Yeah, >> it does not have the power to pull out of there. >> How fast that thing go? >> Top 30, 35. >> That's pretty fast. >> Fast enough to stay up on the streets, but that's it. But that doesn't mean it can do a burnout. A mopeds can't do burnouts. >> Mhm. >> And that's what that thing basically is. No, you you guys are just offended a lot of families and kids tonight. And I don't want to see the the sheriff's department's been very fair to me up until this point. >> Yeah. >> You know, in fact, you guys have had my back every time I went down at Southshore Park. the supervisors call up and like no he's doing nothing wrong >> and >> uh seven times last year and I'm going to site those cases >> I would agree with you but there was damage to the >> there was no ammeralda did no damage we didn't do any damage >> that's the name of your your >> that's her name >> oh nice >> yeah asalda like not hunchback >> okay >> I usually name my my vehicles either after family literary or historical references >> minor be it still damaged >> let me see Show me where that's at. >> No, show me exactly where it's at. You're showing me >> the bike path right where you entered over here where the guy had you stop and then you started cussing at him which also is >> disorderly. I didn't know I just cut >> and then he said you peel out of there like a bat out of hell like you were all angry and then you weaved out of the way for the children. He said I'll give him no >> to avoid the kids. No. >> Mr. Newhauser told the deputies he didn't need a permit since he wasn't selling anything. while the officers took the opposite view. The Milwaukee County Parks website explains that a permit is required for vendors who operate food or retail stands, provide recreational services, collect donations, or run activities like raffles and auctions on park property. During special events, vendors also need approval from both the parks department and the event organizer before they can sell. Anyone caught selling without a permit can be fined and their products or equipment may even be confiscated. But here's the key point. Those rules only apply to people selling goods or services. Performers like Mr. Newhauser who give away balloon animals without charging money don't fall under that category. And as mentioned earlier, courts have repeatedly held that it would likely be unconstitutional for the county to force unpaid performers to get a vendor permit just to take part in a public event. >> No, I barely took that thing past an eighth of a throttle. I don't throttle that thing up. >> Sir, if you're talking to a mechanic, fabricator/gineer, I am well more versed in these areas than you are. >> Sure. >> All right. Here's the deal. That thing has about 9 horsepower. >> Okay. >> Trying to pull 500 lb plus me. It can't go that fast. >> Well, you still cause damage, which is criminal damage property and you don't have a permit. You're operating off roadway with a motorized vehicle and you drove right past the sign. It says no unauthorized motor vehicles beyond this point. You drove right past it. It's right over there. When you come back here tomorrow, when you walk through the park without that, you will read that sign and say, "Holy crap." >> And all the minibikes you guys have running through every time. And we write tickets and we tow minibbikes every day, sir. But I have 154 parts and a limited staff. Do you think I want to be dealing with this? I have a kid with a gun up the street right now that I have deputies chasing and you're dealing with this. >> Yeah. Well, I'm just making balloons for children and making them happy. So why are you dealing with me? >> Pull the permit. Follow the rules. Pull the permit and don't drive. >> No, the rules are the fact that I don't need a permit to do this. >> I am a busker, not a vendor. >> But you can't drive that car to me. I'll talk to the county supervisors and whatnot. >> Guy Smith is the director of >> write them all down. Write all this information. I will find out. >> You can't. That's most common in the world. It's online. Guy Smith. You can contact him directly and say, "Hey, I want to be able to drive through here with this cart on this night." He'll probably say, "Pull a permit and then you'll be allowed just like everybody else." That's it. It's probably not minimum money for a permit for giving out free stuff cuz you're not selling anything which you've already established in. >> Oh, no. And you guys also have on on camera mine and he's fully acknled cuz you're recording right here in this podcast. >> Doesn't matter. I'd rather have all mine is on. Thank you. I know yours is ongo you feel better now. >> No, cuz you're not I don't see any lights. That one has >> the camera sign right on the top. I can see it. It's on. >> Okay. >> Again, I want to make sure everybody's got the cameras on and leave them on. We have them on. >> Okay. >> And again, you're wasting you got to get if you got a gunman up the street, you're wasting time here. I'm just explaining to you there's other things that matter. >> Oh, no. I understand that. I don't understand why you're do why you're bothering me. >> Cuz I had a call that said >> you got a call of somebody lying to you. >> Maybe they were lying. >> Yeah, they were lying. >> Okay. But other people said that you were giving them creepy vibes cuz of your face paint. Maybe that's artistic to you. >> Wow. It is. Well, the kids seem to enjoy it. Wow. Karens are being Karen. What a surprise >> that happens. >> Yeah, I know. But it's called freedom of speech and that and creepy vibes is no reason to bother anybody. >> I'm not bothering you that >> damage your property, >> right? >> And no >> and operating off roadway without a legal motor vehicle. >> And again, these vehicles are these are >> permitted permit. >> And again, this is this I'm disagreeing with you on that. Again, >> I'll get into the details and wow, you got a still a bunch of really upset people now we deal with every day. Do you think this upsets us or concerns? No, but it's going to be an interesting story down the road >> and it's going to be another black eye in the sheriff's department >> for doing our job enforcing the rules and the regulations of >> enforcing the rules. To what degree? >> To what degree is >> I've already explained that to you like several times. >> No. And I'm again this is freedom of speech and I've explained that to you several times. So part with that machine >> and again we're stretching the rules. You make rule rules for one set, rules for another set. Yes. >> All you have to do is full trim it. >> Again, I'm going to I'll find out more about that. But again, if that's what I got to do, then but again, you guys, you guys take it too far and this has gone way too far. >> You know, this is freedom of you're you're actually interfering with freedom of speech. And if I did not, that thing cannot do a burnout. I don't care what your witness has said. It is physically >> doesn't take much. >> How much you do you understand weight to horsepower ratio? >> A motorcycle. Yeah, I get it. >> Yeah. Did you know how much better your weight to horsepower ratio is to mine than this car? >> That's totally believable. And a reason is in the middle. >> Yeah. >> And witness said that that this is what he saw. >> And he's lying. >> Then you get to go to court just >> Oh, I'm going to It cannot do burnouts. >> It doesn't. It literally doesn't. I want to walk over to where this divot is. >> Well, then maybe we could tow it and keep it as evidence so that we can put it in front of the jury to see if it does burn out. >> Right. That'll be two years from now. >> So, you're threatening me. You're threatening to impound my vehicle for two years. That's exactly what you just did. >> Do you see the >> That's why I wanted your camera on. Thank you very much. >> No, we're talking about towing your vehicle cuz you're operating off the roadway. >> I I go ahead. I see issue my citation so I can leave. >> We're working on that. Can't just snap her fingers. She's typing those up right now. >> We'll get those in the court. We're not required to go to the court. >> Oh, I'll be there. with bells on >> probably dressed like this being a front drive, rear steer bike trike. >> Okay, >> you think about how that handles. You can't you can't do burnouts. You can't go fast with it. You can't corner fast with it. It does not drift. It does not slide. It flips the freak over. >> Mhm. >> And I can show you my scars from that. >> Yeah. >> Oh, trust me. It was a learning curve just to figure out how to ride it, >> you know, and then add more weight to the back axle. Is that a three-wheel? >> It's a three-wheel. >> Yeah, it's a trike. >> Yeah. So, I obviously don't go anywhere until these tickets are >> Oh, no. No. I'm not going anywhere. >> I'm sorry. >> Besides, I want this fight now. I've been waiting for this. >> Not that I'm looking forward to going to court and having to fight for my rights again. >> Yeah. >> But as far as freedom of speech is concerned, I will always fight for that as I have served my country honorably. >> Oh, what branch? >> Army. How's >> Marines? Whoa. Yeah. Love you guys. >> Hurrah. Hurrah. >> How long did you serve? >> Uh, about four years. Army Railroad. Okay, sir. Sorry, it's under terrible circumstances. No, >> here's what I have to ask you as a supervisor of the parks unit. >> Next week, Wednesday, when the concert's going on, just make this easier for everybody. >> I will do what I can. I appreciate >> I'll call the county supervisors. >> Yeah. No, I've already talked I've already talked to Sky and as well as u such a headache if you just had a permit. >> I And again, what they're doing is they're just trying to with me because I don't want to adhere to the rules. They're trying to claim that I'm a vendor and I'm not. Mhm. >> And again, technically by the federal law, I don't need a permit to give away balloons. >> Now, I want to be I want them to show me where I did damage and I want to see it. >> Unfortunately, it's already been >> So, we're refusing to show Oh, so it it's something that happened, but now it's all covered up. So, it was >> There was a photo. >> Where's the damage? Show me. >> It's already been passed. >> I can't wait to get your body cam. >> Yeah, >> because when when you're telling me you can't show me the evidence, then what's There's no evidence. >> Gotcha. And I photo like I take a photo of anywhere on these grounds, right? >> There's divots all over. How about the guy that plays golf? >> Oh, that guy's not supposed to be doing that cuz this is not a certified putting area or driving area. That is illegal. >> What dam? Where is this 22in long divot? I mean, here, come here. Take a look over here. This is always my thing. >> Yeah, that's that's fine. >> Yeah, but that's damaged the lawn, >> right? Look, let's let's walk over here. They said they they said they covered it up. So >> in the end, Mr. Newhauser was cited for two county ordinance violations. One for driving in the park and another for property damage. As of now, those charges remain unresolved with a court date set for October 8th, 2025.