space
space
Peshtigo Times
space
space
space
Perspectives
* Country Cousin
space
space
Sports Shorts
* 2017 Nine-day Gun Deer Season Opens Saturday, Nov. 18
* WIAA State Football This Week in Madison
* Menominee's Playoff Run Ends
* Bulldogs Beat Foxes
* Maroons Avenge Earlier Loss to Kingsford in MHSAA Playoffs

space
Peshtigo Fire
space
e-Edition
Now Available
For more information
click here
dot
THE CITY REBORN FROM THE ASHES OF AMERICA'S MOST DISASTROUS FOREST FIRE
space
dot
space

Congine, Village Crivitz Settle In Upside Down Flag Issue

According to news releases issued Thursday, Oct. 31, a case involving Vito Congine, Jr., the Village of Crivitz and display of an upside down flag has been settled, but details are not being released. Congine’s attorney, Chris Mueller, reportedly told a TV news station that terms of the settlement are confidential, but his client is pleased the matter has been resolved.

The issue began in 2008, when Congine began discussions with Crivitz Village Board about purchasing the former Pelkins Supermarket building in downtown Crivitz and converting it into an Italian Supper Club. Congine throughout the dispute has maintained the Village Board was at first very supportive, but then denied him the necessary liquor license after he had invested in the venture.

A 14-year veteran of the United States Marines, Congine began flying a United States flag upside down on the property at one of the main intersections in Crivitz. He explained at the time, and at later court proceedings, that an upside down flag is a universally recognized military symbol of distress, and he was flying it that way on his downtown Crivitz property to express distress over his treatment at the hands of the Crivitz Village Board.

The flag was flying upside down on July 4, 2009, while crowds were gathering for the big Fourth of July parade, but was taken down by authorities before the parade started and was returned on July 5.

Congine sued, saying his First Amendment free speech rights had been violated. Legal representatives for the village and Marinette County argued that the flag was taken to keep the peace during the Independence Day celebration.

Judge William Griesbach, in Green Bay’s Seventh Circuit of Wisconsin’s Eastern District Federal Court ruled on Tuesday, May 28, of this year, almost exactly four years after it became an issue in Crivitz, that Congine had a right to fly his United States flag upside down as a protest statement, and Crivitz police erred in confiscating the flag.

According to court documents, Crivitz Police Chief Mike Frievalt, after getting advice from Marinette County District Attorney Allen Brey, entered Congine’s property without a warrant and removed the flag. Frievalt maintained he had received many complaints from citizens, mainly members of the American Legion, and as the crowd gathered became afraid things would get out of control. He then, with the help of Officer Craig Kasten, removed the flag.

With the help of the American Civil Liberties Union, Congine later brought a lawsuit against the village and Brey. Congine charged his Constitutional rights were violated. In the 21-page May 28 ruling, Judge Griesbach agreed, at least in part. He found that the village had violated Congine’s rights, but decreed that Brey, because he provided only advice, had qualified immunity from liability.

Judge Griesbach wrote: The court thus concludes that even assuming the facts set forth by the defendants are true, the intrusion upon Congine’s protected speech was not justified under the circumstances of this case.

In an interview after the Federal Court ruling in May, Congine said that he and his wife, Trudy, had spent over $100,000 to remodel the building in downtown Crivitz before the village board reversed its previous encouragement and denied them a license.

Eventually they lost everything in bankruptcy, Congine said. He told the Peshtigo Times they were living in Naples, Fla. and did not intend returning to Wisconsin.

Since the Federal Court ruling in May, attorneys have been working on a settlement for damages and attorney fees. Mueller filed a letter with the court Thursday indicating settlement had been reached, but said details are confidential.

Crivitz Village Clerk Marilyn Padgett said the matter was covered by the village’s insurance policy, but any further details would need to come from Andrew Jones, the insurance company’s attorney for the case. She said the matter was referred to the insurance carrier from the beginning and she has not received any official word as yet on settlement details.


Recent stories, opinions and photos

Issue Date Department Headline
11-15-2017Sports
2017 Nine-day Gun Deer Season Opens Saturday, Nov. 18

11-15-2017Sports
WIAA State Football This Week in Madison

11-15-2017Obituaries
Eugene C. Sobeck

11-15-2017Obituaries
Dorothy M. Perkins

11-15-2017Obituaries
Ronald J. Lindgren

11-15-2017Obituaries
Sharon E. Heitkemper

11-15-2017Obituaries
George G. Garbell

11-15-2017Sports
Menominee's Playoff Run Ends

11-15-2017Obituaries
Jody L. DeHut 

11-15-2017Obituaries
Daniel W. Cloutier

11-15-2017Sports
Bulldogs Beat Foxes

11-15-2017Obituaries
Donald L. Champagne

11-15-2017Obituaries
James L. Bogusz

11-15-2017Obituaries
Ursula Whiting

11-15-2017Obituaries
Phyllis Turner

11-15-2017Obituaries
Terry L. Thornton

11-15-2017Obituaries
Marcella G. Swiatnicki

11-15-2017Obituaries
Luella Schreader

11-15-2017Obituaries
David A. Salfai

11-15-2017Obituaries
Kenneth C. Rynish

11-15-2017Obituaries
John F. Morois

11-15-2017Obituaries
Priscilla M. Lueptow

11-15-2017Obituaries
Russel J. Lesperance

11-15-2017Obituaries
Donald J. "Don" Krippel

11-15-2017Obituaries
Delores A. Krause

11-15-2017Obituaries
Harold D. Jenquine

11-15-2017Obituaries
Phyllis Gretzon

11-15-2017Obituaries
Kerry Engles

11-15-2017Obituaries
William J. "Billy" Burgess

11-15-2017Perspectives
Country Cousin

11-15-2017Perspectives
From our readers

11-15-2017Perspectives
From My Window

11-15-2017Community - Wausaukee
Silver Cliff Fire, Rescue Auxiliary Make Donations

11-15-2017Community - Wausaukee
Wausaukee Blood Drive is Nov. 27th

11-15-2017Community - Wausaukee
Wausaukee Library Marks 25 Years with Cookie Walk

11-15-2017Community - Wausaukee
Auxiliary Unit 66 Meeting Nov. 4th

11-15-2017Community - Crivitz
Craft/Vendor Show NEWCAP Fundraiser

11-15-2017Community - Crivitz
Special Olympics at Greater Crivitz Area

11-15-2017Community - Crivitz
Thanksgiving Dinner at Crivitz Church

11-15-2017Community - Crivitz
Christmas in Bethlehem at Crivitz Church Nov. 25

11-15-2017Community - Coleman
Living Waters Dinner Nov. 19

11-15-2017Community - Coleman
Served 276 Veterans Meal on Veterans Day

11-15-2017Community - Coleman
Equity Annual Fish Fry, Frank Production

11-15-2017Community - Coleman
Pound Village Budget Has Minimal Increase

11-15-2017Front Page
Area Veterans and Eugene Frank Honored By Operation United Hearts

11-15-2017Front Page
County Board Approves Budget Without Change

11-15-2017Front Page
Crivitz Budget Hearing Rescheduled To Nov. 30

11-15-2017Front Page
$1,000 Reward Stands For Middle Inlet Sign Vandal Info

11-15-2017Front Page
Christmas in Marinette Event on December 2nd

11-08-2017Obituaries
Harold D. Anderson

11-08-2017Obituaries
Beverly J. Arneson

11-08-2017Obituaries
Roy H. Beaber

11-08-2017Obituaries
Pearl L. Blaisdell

11-08-2017Obituaries
David J. Borman

11-08-2017Obituaries
Dennis L. Breed

11-08-2017Obituaries
Artur B. Curtice

11-08-2017Obituaries
Clarence F. Duffeck

11-08-2017Obituaries
Dolores Ebben

11-08-2017Obituaries
Ralph C. Fiedorowicz

11-08-2017Obituaries
Don A. Glynn

11-08-2017Obituaries
LeRoy E. Guy

11-08-2017Obituaries
Robert L. Hartwig

11-08-2017Obituaries
Julie L. Kirby

11-08-2017Obituaries
Donald L. Knutson

11-08-2017Obituaries
Carolyn R. Leneau

11-08-2017Obituaries
Arlene M. Petersen

11-08-2017Obituaries
Dorothy J. Rich 

11-08-2017Obituaries
Kerri S. Robinson

11-08-2017Obituaries
Carole Rydell 

11-08-2017Obituaries
Jeffrey S. Schreiner

11-08-2017Obituaries
James F. Staudenmaier

11-08-2017Obituaries
Jana K. Vogel

11-08-2017
Claire J. Wagner

11-08-2017Obituaries
Margaret A. Wilde

11-08-2017Obituaries
Lenard E. Wagner

11-08-2017Obituaries
Arthur H. Zeitler

11-08-2017Sports
Maroons Avenge Earlier Loss to Kingsford in MHSAA Playoffs

11-08-2017Sports
18 Area Runners Earn Conference Honors

11-08-2017Sports
Messar/Gruszynski Headline M&O's Best

11-08-2017Sports
Area MONLPC Top Gridders Annouced

11-08-2017Perspectives
Country Cousin

11-08-2017Perspectives
From our readers

11-08-2017Perspectives
From My Window

11-08-2017Community - Wausaukee
Library Annual Cookie, Candy Sale

11-08-2017Community - Wausaukee
Wausaukee Church Has Pie, Bake Sale Nov. 22

11-08-2017Community - Wausaukee
Wausaukee Hosts Turkey Trot Nov. 23

11-08-2017Community - Wausaukee
Hunter's Supper at Wausaukee Church

11-08-2017Community - Crivitz
Christmas in Bethlehem at Crivitz Church Nov. 25

11-08-2017Community - Crivitz
Immunization Walk In Clinic at Crivitz

11-08-2017Community - Crivitz
Rescue Squad Holds Hand CPR Training

11-08-2017Community - Crivitz
Ticket Sale for M1 Garand

11-08-2017Community - Coleman
Winter Wonderland in Oconto Park

11-08-2017Community - Coleman
Coleman Utility Board Nov. 13

11-08-2017Community - Coleman
Hedgehogs Topic at Coleman Library

11-08-2017Community - Coleman
Coleman School Recess Nov. 20-24

11-08-2017Front Page
Eagle Express/George Webb's To Honor Area Veterans on Nov. 11th

11-08-2017Front Page
City Gets $285,030 DNR Grant For Fish Platform

11-08-2017Front Page
County Levy Down For Budget Hearing Nov. 14

11-08-2017Front Page
School Administrator Praises Work Of Coleman Police Chief Soletske

11-08-2017Front Page
Peshtigo School District Annual Meeting Approves 2017-18 Budget

11-01-2017Sports
Rangers Fall to Pioneers at WIAA 8-Man Jamboree

11-01-2017Sports
Blue Devils' Errors Key Zephyrs 3-1 Sectional Win

11-01-2017Sports
Thunderbirds Ground Game Too Strong for Wolverines

11-01-2017Sports
Hansen/Kitzinger Claim State Cross Country Medals

11-01-2017Obituaries
Richard A. Watermolen

11-01-2017Obituaries
Reginald J. Vande Hei

11-01-2017Obituaries
Dorothy J. Tisch

11-01-2017Obituaries
Terry W. Tesch

11-01-2017Obituaries
Michael C. Stanislawski

11-01-2017Obituaries
Michael J. Rosenthal

11-01-2017Obituaries
Eileen Retzlaff

11-01-2017Obituaries
Brian K. Redolf

11-01-2017Obituaries
Debra A. Puterbaugh

11-01-2017Obituaries
Grace M Lynch

11-01-2017Obituaries
Carole K. Johnson

11-01-2017Obituaries
Robert M. Harbick

11-01-2017Obituaries
Lew R. Good

11-01-2017Obituaries
Gary F. Birr

11-01-2017Obituaries
Lois L. Borkowski

11-01-2017Obituaries
Mona L. Beyer

11-01-2017Obituaries
John E. Albright

11-01-2017Obituaries
Gary A. Porras

11-01-2017Obituaries
Devin J. Michaud

11-01-2017Obituaries
Armin F. Kuehl

11-01-2017Obituaries
Frederick Jensen

11-01-2017Obituaries
Charles Holland

11-01-2017Obituaries
Henry Haulotte

11-01-2017Obituaries
Pamela A. Gunderson

11-01-2017Obituaries
Virginia Geske

11-01-2017Obituaries
Cyril Dionne

11-01-2017Obituaries
Sandra M. Anderson

11-01-2017Perspectives
Country Cousin

11-01-2017Perspectives
From our readers

11-01-2017Perspectives
From My Window

11-01-2017Community - Wausaukee
Legion Post 66 Meeting is Nov. 4

11-01-2017Community - Wausaukee
Silver Cliff Fire, Rescue Auxiliary Bake Sale

11-01-2017Community - Wausaukee
Hunter's Supper at Wausaukee Church

11-01-2017Community - Wausaukee
Blood Drive at Wausaukee School

11-01-2017Community - Crivitz
Mother Teresa Nun To Speak at Crivitz

11-01-2017Community - Crivitz
Crivitz VFW Gun Show is Nov. 4th

11-01-2017Community - Crivitz
Patriotic Rosary at Crivitz Nov. 11

11-01-2017Community - Crivitz
Kleba is Speaker at Crivitz Veterans Day

11-01-2017Community - Coleman
Coleman Parish Breakfast Nov. 6

11-01-2017Community - Coleman
Beaver Church Booyah Lunch, Bucket Raffle

11-01-2017Community - Coleman
Coleman-Pound Lions Honor Veterans Nov. 10

11-01-2017Community - Coleman
Coleman Village Board Nov. 6

11-01-2017Front Page
Astronaut Vande Hei to Get Birthday Video in Space

11-01-2017Front Page
Counties Join Suit Against "Big Pharm" Opioid Makers

11-01-2017Front Page
Tax Rate Down, Fund Balance Up For Wausaukee School District

11-01-2017Front Page
County Value Up 3.7%, Tax Rate Will Be Down


space
Peshtigo Times
WEB Poll!
Do you agree with NFL players taking a knee or locking arms during the National Anthem?
space Yes
No
Undecided
space
TO VOTE CLICK
YES, NO or UNDECIDED

Suggest a Question
space .
space
FRONT
space
.
space
CLASSIFIEDS
space
.
space
COMMUNITY
space
.
space
GUEST BOOK
space
.
space
NEWS
space
.
space
OBITS
space
.
space
PERSPECTIVES
space
.
space
SPORTS
space
.
space
SUBSCRIBE
space
.
space
.
space
PESHTIGO FIRE
space
.
space
CUSTOM PRINTING
space
.
space
TIMES' SAVER
space
.
space
Click for Peshtigo, Wisconsin Forecast
FORECAST
space
Quick...
News or Ad Search
Enter News key words.
Enter Ad key words.



Peshtigo Times
841 Maple St
PO Box 187
Peshtigo, WI 54157
Phone: 715-582-4541
Email:
News@
PeshtigoTimes.com

space
Fax: 715-582-4662
© 2000-2017
All right reserved
space
Powered by
WEB Media
Interactive
COMMUNITY
WEB sites