Oshkosh temporarily prohibits alcohol use in Opera House Square 

OSHKOSH, WI- (WISS) – The Oshkosh Common Council voted 4 to 3 to prohibit alcohol consumption in the Opera House Square Park until April 2025. 

Oshkosh Police Chief Dean Smith said several complaints had been made to the police about intoxicated persons in the Opera House Square Park violating or attempting to violate other ordinances.

“We have folks who are urinating on the sides of buildings; they’re defecating; they’re also fighting with each other,” Smith said. “Their inhibitions start to get diminished because if you’ve partaken of alcohol you know that you’ve become freer to do what you want to do.”

While some of Oshkosh’s unhoused or unsheltered population uses the Opera House Square Park as a place to occupy, Smith quickly emphasized that this ordinance is not designed to criminalize homelessness.

“This is just one tool that allows us to interact with folks and have conversations,” said Smith. “(We’re) not banning them from parks in no way, shape, or form. It’s simply saying, this isn’t acceptable behavior within the park, and we’d like for you not to do it.”

Council votes 4-3 for ban

Council member Karl Buelow was one of the dissenters to the new ordinance.

“Public urination, public defecation, and disorderly conduct are already illegal, from my understanding,” said Buelow. “We already have tickets for those. The alcohol use that predicates them, yes, makes them more likely. But now we’re getting into a place where I don’t think serves our population, especially the unhoused population.”

Council member Kris Larson voted to approve the ordinance.

“There are issues at Opera House Square that are not driven just by homeless people,” Larson said. “This is not a law that targets people sleeping on a bench or sitting on a bench. This is a way to curb really disturbing and bad behavior that’s probably not even driven by people who don’t have a place to stay.”

Council members Larson, Paul Esslinger, and Jacob Floam voted to approve the ordinance. Buelow, Joseph Stephenson, and DJ Nichols voted no. Mayor Matt Mugerauer cast the tie-breaking vote. 

The council also approved an amendment to the Designated Outdoor Refreshment Area (DORA) downtown. The amendment removes the city parks and sidewalks adjacent to the Opera House Square Park. 

Limited exceptions to the ordinance will be made for special events such as the Oshkosh Holiday Parade on December 5th.