Lincoln town attorney defends pause on River Trail talks, refutes legal claims

The attorney for the Town of Lincoln is pushing back against claims that the town board violated constitutional rights and state laws when it voted to suspend public meeting discussions regarding the proposed River Trail.

The River Trail has been a topic of discussion for years and would provide a connection into Eagle River with the famed Heart of Vilas Hike and Bike Trail that currently ends in St. Germain.

Following a May 20 news article detailing the town board’s decision, town Attorney Steve Lucareli issued a written statement to clarify the board’s procedures and his own involvement in the matter.

The controversy stems from an April 21 annual meeting where the board unanimously passed a motion, introduced by resident Joe Schwartz, to halt all River Trail discussions at town meetings.

The approved motion demands that trail proponents first address necessary preconditions before the topic can be revisited. These conditions include route safety, Department of Transportation approval, easement procurement, liability protection, and the absence of financial obligations for the town.

At the time of the vote, the decision drew immediate backlash from some residents who felt their rights were being taken away.

One resident publicly stated at the meeting she was very surprised that Lucareli had approved this, arguing that the Wisconsin Open Meetings Law requires such discussions to remain in open forums rather than private offices to avoid deals made “under the table.”

Lucareli directly refuted the resident’s claim regarding his role in the decision.
“I did not tell the town board how to vote on the motion, nor did I draft the motion that was presented by Mr. Schwartz,” Lucareli stated in an email to the News-Review. He noted that he had never met with Schwartz prior to the meeting and only suggested a minor language clarification at the time.

“In short, I did not approve Mr. Schwartz’s motion, or tell the town board how to vote on it. The content of Mr. Schwartz’s motion was his and the decision to pass Mr. Schwartz’s motion was entirely the town board’s,” he wrote.

Addressing the legal accusations, Lucareli argued that the board’s action is a standard procedure rather than an infringement on First Amendment rights or the Open Meetings Law.

“Having practiced law for 42 years and attending many government meetings, as well as serving as town attorney for multiple townships for many years, it is routine for government bodies to table further discussion on a subject until additional information deemed to be critical is provided before a vote is taken,” Lucareli explained.

He further clarified that the First Amendment “does not give anyone the right to say whatever they want whenever they want,” noting that society expects reasonable rules of decorum and constraints on who can speak and for how long during public meetings.

Regarding the Open Meetings Law, Lucareli stated that town Chair Bill Hassey’s invitation for residents to discuss the trail with him privately does not constitute a legal violation.

“A citizen meeting in private with an individual elected town official to discuss town business is not a meeting of a government body, and therefore not a meeting that the Open Meetings Law applies to,” Lucareli wrote. He added that the town chairman has the statutory right to use discretion when adding topics to an agenda, and suggesting a violation occurred “demonstrates a fundamental misunderstanding of the Open Meetings Law.”

Hassey had emphasized at the meeting that the postponement is not a permanent shutdown of the project.

Vilas County Board Supervisor and Lincoln resident Dan Kramer previously backed the town board’s decision, noting that Lincoln currently lacks secured easements and answers regarding its obligations for an 80/20 grant. Hassey has also reiterated that the conversation will resume once the necessary facts are brought forward.

Lucareli echoed this timeline, adding that the town’s process protects constitutional rights while aligning strictly with Wisconsin law.

“In summary, when the leaders of the River Trail project have obtained the additional information asked for by the Lincoln Town Board they can ask to have the subject placed on the agenda of a Lincoln Town meeting,” Lucareli wrote. “In the meantime, any citizen is free to contact any member of the Lincoln Town Board to personally discuss any appropriate town business that they may choose to.”