City of Milwaukee files lawsuit over Bird scooters

Diana Dombrowski
Milwaukee Journal Sentinel
Bird scooters appeared in downtown Milwaukee last week.

The City of Milwaukee took legal action against Santa Monica, Calif.-based Bird Rides Inc., the company responsible for dropping off 100 motorized scooters in the Historic Third Ward, Walker's Point and other parts of downtown late last month.

According to the complaint filed Friday, Bird refused to cease operations in Milwaukee after Deputy City Attorney Adam Stephens wrote a letter to the company warning it that use of the scooters is illegal on sidewalks and streets in the city. Bird didn't inform those using the scooters that it was illegal.

The lawsuit cites a Wisconsin statute that fines anyone using an unregistered motorized scooter on a highway $200.

RELATED:Bird scooters arrive in downtown Milwaukee, but city attorney says they're illegal to use on streets, sidewalks

A hearing is scheduled for 10 a.m. this Friday, at which the city says it will seek a temporary injunction to have the scooters removed immediately.

Milwaukee is one of a number of cities across the country where motorized scooters have appeared in recent months, often raising concerns about safety and the lack of registrations. 

The complaint notes that other cities also have objected to Bird's scooters, including Santa Monica, where the company agreed to pay $300,000 in a settlement for its unlawful business model.

Other cities, including Indianapolis, have issued cease-and-desist orders not only for Bird scooters but also for another company with a similar business model, Lime.

RELATED:Lime pulling scooters off streets after city's cease-and-desist order

In Milwaukee citations of $98.80 could be issued for those riding the scooters.

The scooters, which are found through an app that uses GPS, do not have docking stations and can be left anywhere after a rider is done using one.

A ride costs a $1 base fee plus 15 cents per minute for each ride.

Every night, the company gathers the scooters to charge and repair them.

Bird has scooters available in more than 20 cities throughout the U.S. including San Diego; Austin, Texas; and Washington, D.C.