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Monday, May 20, 2024

Legal Action Against Wisconsin Act 73 by WILL on Behalf of Wedding Barns

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Rick Esenberg President and General Counsel | Official website

Rick Esenberg President and General Counsel | Official website

The Wisconsin Institute for Law & Liberty (WILL) has filed a lawsuit against the Wisconsin Department of Revenue (DOR) on behalf of two Wisconsin Wedding Barns to challenge the impacts of Wisconsin Act 73. The law, effective in 2026, is criticized for its restrictions which the plaintiffs argue are harming their businesses.

"Wisconsin small business owners trying to make a living are seeing their entire life’s work thrown away due to heavy-handed economic protectionism. Special interests and their well-connected lobbyists shouldn’t be able to write laws to hurt their competition, and that’s why WILL is fighting back." - Lucas Vebber, WILL Deputy Counsel.

"I am not in this to become a millionaire, we are just trying to get by. Hosting low-cost weddings in our barn allows us to pay for upgrades to our home and farm equipment to keep our farm up and running. This legislation was designed by special interests in Madison to limit competition, and that’s not right." - Jean Bahn, WILL Client and owner of Farmview Event Barn.

"It is unfair that the State of Wisconsin has chosen to single out the few barn venues that are a destination only. We lease our space to couples wishing to have a country-style wedding. Requiring us to be a liquor retailer in a dry township is causing our small, family-run business—which already pays state and local real estate taxes—to go out of business." - Daniel Gallagher, WILL Client and owner of Monarch Valley Wedding & Events.

Wisconsin Act 73 categorizes certain venues as "public places", impacting businesses that host events but don't sell alcohol. The law requires them to either obtain a liquor license or a specific permit, creating financial and operational challenges for affected businesses.

WILL argues that Act 73 violates the rights of its clients under the Wisconsin Constitution, particularly regarding due process, equal protection, and uniform taxation. The organization aims to overturn the law to support the continued operation of the affected businesses.

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