A Kenosha man with ties to California and Indiana was arrested after a months-long investigation into anti-Semitic flyers being distributed around the Kenosha area. The reports began in December of 2021. The flyers attacked Jewish people and were distributed in baggies with pebbles in them, on windshields, driveways, and walkways. The Kenosha Police Department consulted with the Kenosha District Attorney’s office and it was decided that the flyers themselves, although disturbing, are protected under the first amendment.
Instead, Kidder was cited under Kenosha’s non-criminal ordinance 11.02U which states:
Littering. Throw, place or deposit any paper, glass, bottle, cans, containers, grass clippings, rubbish, waste, filth or other debris upon private property without consent of the owner or occupant, or upon the streets, alleys, highways, sidewalks, parks, or beaches, or into any pond, stream, river or lake.
KCE spoke to a criminal defense attorney who told us that although Kidder’s alleged actions may have violated the letter of the law, he might have an affirmative defense. For example, politicians, lawn-care companies, weed services, and a plethora of other people are constantly distributing flyers on mailboxes, doors, and windshields in the City of Kenosha. Bidder could argue selective prosecution. It would however, switch the burden to the defendant, when normally the City has the burden. The burden in Municipal court, however is lower. The City prosecutor need only show the defendant is guilty by a preponderance of the evidence, meaning, more likely than not – not beyond a reasonable doubt, like in criminal trials.
Kidder appears to have a past criminal history out of California and according to Sheriff’s department records, may be a convicted felon. He was charged with being a felon in possession of a firearm in 2016, but the charge was later dropped.
Bidder received 23 citations in total and if convicted of all counts, could be facing a fine of more than $4,300.