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This Just In ...

Kevin Fischer is a veteran broadcaster, the recipient of over 150 major journalism awards from the Milwaukee Press Club, the Wisconsin Associated Press, the Northwest Broadcast News Association, the Wisconsin Bar Association, and others. He has been seen and heard on Milwaukee TV and radio stations for over three decades. A longtime aide to state Senate Republicans in the Wisconsin Legislature, Kevin can be seen offering his views on the news on the public affairs program, "InterCHANGE," on Milwaukee Public Television Channel 10, and heard filling in on Newstalk 1130 WISN. He lives with his wife, Jennifer, and their lovely baby daughter, Kyla Audrey, in Franklin.

Don't expect charges against Buckhorn bartenders

It is probably next to impossible that criminal charges will be issued against the bartenders who served too much alcohol to Eddie Lynn Keck at the Buckhorn Tavern in Franklin Christmas Day. Bartenders acknowledge they continued to serve Keck even though he was intoxicated.

Keck went out and in a hit and run accident, killed a West Allis couple as they stood outside their truck after visiting friends in Franklin.

This passage from a Wisconsin Court of Appeals case ruling in May 2001 demonstrates state law makes it almost impossible to charge bartenders in a case like this:

Wisconsin Stat. §125.035(2) provides: "A person is immune from civil liability arising out of the act of procuring alcohol beverages for or selling, dispensing or giving away alcohol beverages to another person." The statute is clear. As we explained, it "clearly and unambiguously immunizes persons from civil liability in circumstances where one adult furnishes another with alcohol.”

The Common Council does have the authority to take away the liquor license from Buckhorn. A lot hinges on the amount and the persuasiveness of citizen input and outrage.

The Common Council meets tomorrow (Tuesday) night to consider the issue.


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