A hearing scheduled for this morning in Milwaukee County Circuit Court between the City of Milwaukee and electric scooter share company Bird Rides Inc. has been delayed and moved to federal court.

The City of Milwaukee sued Bird and its CEO Travis VanderZanden on July 6, after the company refused to comply with a cease and desist request sent on June 27. The lawsuit claims, “Bird enables, encourages, and profits from its ongoing and continuous violation of Wis. Stat 341.04(1) making the operation of its motorized scooter rental business a public nuisance.”

Bird attorneys were able to move the case to federal court, citing the fact that the company and CEO are based in California and the potential for nearly $1.4 million in fines, according to a BizTimes Milwaukee report.

The scooters first showed up in Milwaukee’s Third Ward on June 27, the first day of Summerfest. A statement from the City Attorney’s office later that night read: “The public should be aware that BIRD’s Motorized Scooters may NOT be lawfully operated on any public street or sidewalk in the City of Milwaukee, per current state statute… Consequently, any operator of a BIRD motor scooter on a City street or sidewalk is subject to a $98.80 citation for Operating an Unregistered Motor Vehicle upon a Highway contrary to Wis. Stat. Sec. 341.04(1)."

A date for the federal hearing has not been set.