Wauwatosa panel delays discussion of chain restaurant ban

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After a triumphant introduction at a Committee of the Whole meeting last month, Alderman Joel Tilleson's proposal to ban formula restaurants in East Tosa was delayed a month at his own request before a Plan Commission hearing this week.

Tilleson said before the meeting that taking a little time to develop council and staff thinking on the proposal would make for a stronger presentation.

But that didn't stop Plan Commission members Jody Lowe and John Albert from expressing reservations.

"I think it's likely to be bad policy for the city of Wauwatosa to put this kind of policy in place," Albert said.

He'd said he'd listen to arguments in favor of it, but wasn't inclined to support it.

"It's something to be very careful (with) - providing what we want, but not putting an outright ban on certain kinds of businesses," Lowe said.

Some municipalities that have enacted formula restaurant bans have met challenges in court. Most cities with carefully written ordinances have prevailed, City Attorney Alan Kesner has said.

Pushback also has arrived in the form of correspondence to the city from pro-development organizations.

Tilleson said East Tosa constituents and the majority of council members strongly support the proposal.

The plan would ban chain restaurants on North Avenue from 60th Street to 76th Street, although the proposal as written would give the city room for discretion. The Plan Commission is likely to take up the issue again April 8.