Police arrested food-truck workers at gunpoint and jailed them for 48 hours to try to keep them from Kenosha protests, attorneys say

insider@insider.com (Jack Crosbie),
Business Insider•September 1, 2020

Authorities disperse people from a park in Kenosha, Wisconsin, on August 25. Morry Gash/AP


The police in Kenosha, Wisconsin, and a federal officer last week arrested food-truck workers at gunpoint, alleging that their presence at a gas station was evidence that they were "preparing for criminal activity" amid protests prompted by the police shooting of Jacob Blake.

A Riot Kitchen leader rejected claims that the group was breaking the law, saying they were filling fuel jugs needed to power their generator on their bus. Riot Kitchen supports protesters with food and supplies and says these efforts can deescalate confrontations.

ix of the workers arrested were held for nearly 48 hours in what one attorney said was a blatant attempt to keep them away from protests.

The Riot Kitchen bus was never supposed to be in Kenosha, Wisconsin. The members of the Seattle-based food nonprofit were driving cross-country to the March on Washington, DC, when a police officer in Kenosha shot Jacob Blake on August 23. The group detoured to support the growing protests against police brutality there.

But they never got the chance to help.

The same police department whose officer shot Blake seven times in the back arrested eight activists with US marshals' assistance and impounded three vehicles on August 26, soon after Riot Kitchen arrived in the city.

Part of the arrests was caught on video, which appeared to show Kenosha police officers and at least one US marshal detaining members of Riot Kitchen near their converted school bus, then smashing in the windows of the group's minivan and dragging them into unmarked vehicles.

The group was at a Speedway gas station filling up fuel jugs to run the generators that power its kitchen and living areas on the bus when officers with weapons drawn arrested them, a leader with the nonprofit said, adding that its purpose is to deescalate protests by providing free food for demonstrators.

The presence of federal agents in Kenosha invited comparisons to Portland, Oregon, where federal agents driving unmarked cars snatched activists off the street earlier this summer. In a statement, the US Marshals Service confirmed to Insider that its agents were working with local law enforcement to address rioting, looting, and other federal crimes.

Booking information showed that the arrests of Riot Kitchen's activists originated with the Kenosha police.
—riotkitchen206 (@riotkitchen206) August 27, 2020

In a statement released Thursday, the Kenosha Police Department said a "citizen tip" alerted officers to "several suspicious vehicles" with out-of-state license plates. After surveilling the group, the department, assisted by the US Marshals, arrested the activists at the gas station. The statement said that the activists filling the fuel cans led officers to suspect that they were "preparing for criminal activity."

Jennifer Schurle, a member of Riot Kitchen's board of directors, said the group was preparing to help protesters and was not breaking the law.

"We reject all claims that our crew was there to incite violence or build explosives," Schurle said in a statement on Friday. "Our nonprofit organization has always been and will always be about feeding people."

The group said that the officers — who can be seen in the video with weapons drawn — did not identify themselves. The Kenosha Police Department's statement said the officers did identify themselves.

Schurle said that after their arrest, members of the collective "were thrown into holding cells and kept for hours without water or blankets and denied phone calls to their loved ones."

Two of the eight volunteers arrested were released on bond on Thursday, while the rest were held until Friday, close to 48 hours after their arrest. They were held in Kenosha's county jail in pretrial detention, all on misdemeanor disorderly-conduct charges, according to booking information available through the Kenosha County Sheriff's Department. After their release, activists struggled for several more hours to reclaim their personal belongings like phones and wallets from the police department.

Art Heitzer, a member of the Wisconsin National Lawyers Guild's steering committee, told Insider that the police used long hold times as a tactic to keep activists off the streets, citing similar patterns of arrests during the 2008 Republican National Convention in St. Paul, Minnesota.

Heitzer said the Riot Kitchen crew members were not alone in their experience.

"We know of activists from the southeast Wisconsin area who were picked up and held more than 24 hours, which is unusual," Heitzer said. "The numbers of people admitted to the Kenosha county jail do not appear to justify any such delays."

According to inmate records, 52 people were booked into the jail on August 26 and 27.

Heitzer said the department's statement described the arrests as "spurred by reports of suspicious-looking people or vehicles, without any definition of what 'suspicious' meant."

In a statement released Friday, the National Lawyers Guild alleged that law enforcement's targeting of mobile-kitchen workers and other supporting activists, like street medics, was part of a double standard:


"The Milwaukee NLG expresses its extreme concern over the actions of the Kenosha police and law-enforcement authorities in Kenosha, including the apparent double standard in seizing and arresting street medics and those attempting to supply food in a mobile kitchen, although failing to enforce the curfew against — and even encouraging — heavily armed militia, including the 17-year-old admitted killer of protesters.

"We are also concerned and investigating video documentation and eyewitness reports of civilians being seized off the street or from inside their cars, and forced into unmarked vehicles, often with no license plates, by unknown authorities, and then being held without processing for many, many hours."

Kyle Rittenhouse, the 17-year-old charged with killing two protesters last week, was allowed free rein in the city while carrying a firearm and accepted bottled water from police officers before the shooting.

The Kenosha Police Department alleged that officers discovered gas masks, body armor, and "illegal fireworks" in vehicles associated with Riot Kitchen. The department did not return Insider's request for clarification on the items discovered in the vehicles.

As of Monday, Riot Kitchen's vehicles were still in the city's impound lot.

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