'Illegal concert' organizer awaits his day in court Andy Jungwirth plays guitar in the apartment house basement at 618 North Ashland Avenue (photo by H. Marc Larson). Second of two parts: A plea bargain was offered, then withdrawn By Christopher Clough News-Chronicle IN SUNDAY'S NEWS-CHRONICLE: Andy Jungwirth used to have parties at his place about twice a month. He and his housemates would have bands play live in the basement at 618 N. Ashland Ave., announce the parties on a locally-based Web site and distribute fliers, and have anywhere from 20 to 40 people show up to hear the music. But the city of Green Bay claimed Jungwirth was running an in-home business. And it sent the Green Bay Police Department to a July 30 party to close it down. No noise or public nuisance complaints had been directed toward Jungwirth about the parties on or before July 30. Now the 21-year-old is facing three municipal charges with a possible $831 in fines based on incidents that happened when the officers entered the residence. And more than a month later, he still doesn't understand why this is happening. "I knew the city was going to (mess) with house parties. It's inevitable," Jungwirth said. "I just didn't know they would beat somebody up, there would be (all these) fines. "Maybe if they would've hassled us ... (but) there was no warning. They just showed up, cuffed me and took me away." THE AFTERMATH Andy Jungwirth was taken to police headquarters after officers broke up the party, and he was charged with three violations of city ordinances: Maintaining an entertainment facility without a license; allowing alcohol consumption at an entertainment facility without a license; and maintaining a public nuisance. Fines on these charges totaled $1,200. The only other charges were against a person who had a confrontation at the top of the basement stairs with an officer, and a man in the basement who scuffled with officers and was injured after they told him to shut off his video camera. The city's claims stem from the fact that Jungwirth advertised his parties with fliers and on a local Web site; he asked for $3 donations from guests to cover the transportation costs of the bands playing his parties; and he advertised the shows as "all-ages." "They're operating under the assumption I'm operating a business here, and that's not true," said Jungwirth, who pointed out the donations were voluntary. "I don't charge my friends. "The fliers say a $3 donation for gas money for the bands. I never, ever, ever made someone pay to get in. I'm not running a business, that was never my intention." THE LEGAL BASIS OF THE CASE Green Bay city ordinance 6.03(2) says that no person, partnership, corporation or other group can operate an entertainment facility without a license to do so. But under the definitions of "entertainment facility," 6.03(d) states a "dance facility," the only applicable sub-category, is "a premises the principal purpose of which is providing dances, concerts, live music, and/or a dance floor in a nonalcoholic setting." So the city believes that the primary use of 618 N. Ashland Ave. is a concert hall, not the residence of Andy Jungwirth. "I asked what the evidence is," Jungwirth said. "They think I have a business, that's what they have to prove. (Assistant city attorney Lanny Schimmel) has a copy of the post (announcing the party), a list of past shows. The post says the public of all ages is welcome, but I say that so people know it's not a drinking party. "They're going to use that as (if it was) an advertisement, but it's the same as if I was posting a Packers party." NUISANCE CHARGE AMENDED The alcohol use charge also depends on proving that the building is a place of business, since everyone consuming alcohol was of legal drinking age. Both violations carry fines of $277. The third charge of maintaining a public nuisance, with a fine of $646, has been amended to a $277 "violation of use regulation," which Jungwirth said he understood was essentially a zoning violation because the building isn't zoned for business. Jungwirth said he was told the public nuisance violation was charged because of the incidents that happened when police triedto clear his residence, after he was in handcuffs in the back seat of a squad car. "How can I maintain something when I'm in handcuffs?" he said. "I think they know that, and that's why they dropped it." His landlady, Elaine Delsart, said she has heard nothing from the city about evicting Jungwirth for the public nuisance since a 2 a.m. phone call from a police officer after the party saying she would have five days to get rid of him. ACLU IS SILENT Schimmel, who tipped off lead officer Jude Trimberger about the party and advised him on how to handle it, said he could not comment on the case's specifics now because he anticipated Jungwirth would go to trial on the charges. Schimmel did offer a plea agreement to Jungwirth before his initial court appearance. The agreement said Jungwirth would plead no contest to the charges, and the citations would be dismissed if there were no violations of 6.03, no more "concerts," and no noise complaints at his address within one year. It further defined a concert as "any gathering of 10 or more people at 618 N. Ashland or the defendant's residence in the City of Green Bay" and said if any of the conditions were violated, Jungwirth would be forced to pay the $831 in fines. "10 people, that's how he wants to define 'concerts,'" Jungwirth said with an incredulous look on his face. "There's that many people at any party in town. Schimmel said he could bust me for illegal assembly if there are 50 or more people, but there's never been more than 50 here. Probably we had 40 at most at one time." But Schimmel withdrew the agreement before Jungwirth had the chance to turn it down, saying Jungwirth made it clear he wouldn't accept the offer. Jungwirth said he'd fight the charges in court if necessary. Even without a lawyer. At the time of the News-Chronicle's first interview with Jungwirth, he said he couldn't afford an attorney and had written the American Civil Liberties Union about helping him with his legal problems. To this date, he hasn't heard from the ACLU but has retained Oshkosh lawyer Dan Muza to represent him. Muza was not available for comment on the case. THE MOTIVE WAS ROCK 'N' ROLL Jungwirth pleaded not guilty at his initial appearance on Aug. 28. A pre-trial attorneys conference was scheduled for last Tuesady but postponed to a later date to give Muza time to review the case. If no settlement is reached at the conference, a trial date will be set. Meanwhile, Jungwirth said he had "a barrage" of city building inspectors visit his residence. "I don't know why, they're apparently checking regular building code things," he said. "I didn't let them in the first time because my roommates weren't here. When they came back, they just looked around and said to fix a few things." He also said he's wondering how he and his friends in bands are going to perform for their friends and each other, since he isn't planning any more parties. "I don't think we're going to have any at all because of this," he said. "Like, if someone showed up underage and drinking, it would be my fault. "We're really into rock 'n' roll. We just want a place to do it."