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I .' "' 5/S '. .- -- ~~' I I - , . . !11 Legal In a recent case, Starf v. Pan- judgment obtained under the Wis- no," the Wisconsin COurt of appeals ccosin nuisance statutes did not vio- I Comment upheld a one year closure judgment late the adult bookstore owner's from page 435 under [he \Visconstn nuisance sta- free speech rights under either the [ute against an adult books[Ore Wisconsin Constitution (art. I: sec. where unlawful sexual activity was J) or the federal Constitution. I 6. Closure of Adult Entertain- taking place on the premises, The The COUrt of appeals, relying On ment Businesses Whkh Constitute case arose when several persons a U.S. Supreme Court decision up- Nuisances - Finally, a sixth way in were arrested at a Kenosha County holding the closure of an adult I which Wisconsin municipalities may adult bookstore and eventually con- bookstore pursuant to a New York I regulate adult entertainment busi- victed for fourth degree sexual as- nuisance statute similar to nesses is to use the public nuisance sault and lewd and lascivious Wisconsin's", concluded that the statute, ch. 823, to seek closure of conduct. free speech guarantees of the Wis- I adult entertainmem businesses Within 60 days of the convictions consin and federal Constitutions where illegal sexual activity takes the district 3rrorney's office issued a "do noc extend to closure sanctions place. summons and complaint alleging imposed against a bookstore on Section 823.09 provides that any that the bookstore was a nuisance nuisance grounds..':~ I person who maintains or uses a and requesting the court to't:njoin Conclusio" - The above discus- building for "the purpose of lewd- its operation under secs. 823.09 and sion should make it clear that ness, assignation or prostitution" is 823.10. The trial COUrt concluded although Wisconsin cities and vil- I guilty of a nuisance (emphasis ad- that fourth degree sexual assault lages are prohibited from regulating ded). If a nuisance as defined above and lewd and lascivious conduct obscenity, there are a number of exists, the district attorney or any constituted offenses of ulewdness" other methods available to validly citizen of the county may maintain within the meaning of the nuisance regulate adult entertainment busi- I an action in circuit court to abate statute and that the convictions for nesses. the nuisance. Sec. 823.10. this conduct were sufficient proof For more more information on Furthermore, the conviction of of a nuisance per se under sec. some of the regulatory options dis- any person of the offense of lewd- 823.10. The COUrt enjoined opera- cussed above see the League legal I ness. assignation or prostitution tion of the bookstore for one year opinions cited in this Comment. committed in the building is consi- pursuant to sec. 823.13. The League has sample adult enter- dered sufficient proof of the exis- The proprietor of the bookstore tainmem zoning, licensing and tence of a nuisance in the building and the owners 0 f the property "open booth" ordinances on file. I in an action for abatement com~ upon which the store was located The League also has available upon menced within 60 days after the appealed the judgment enjoining request sample ordinances prohibit- conviction. Sec. 823.10. If the exis- operation of the bookstore for one ing nude dancing in bars, I tence of a nuisance is established in year. The Wisconsin court of ap- (Powers of Municipalities ~ an action under sec. 823.09, or in a peals held that the one-year closure #g37 and #83g) criminal proceeding, an order of abatement closing the building for I up to one year may be entered as a :J People ex rei. ArC'ara v. Cloud Books, part of the judgmerit in the case. l: 151 Wis.2d 819. 447 N.W,2d 74 (0. App. Inc., 4i8 U.S. 697 (1986). Sec, 823.13. 1989). :. Panlfo. 447 N.W.2d al 79. I , Ii BARK Get Your ~ I Genuine WASCO & DRESSER Haulpak RIVER ~ PARTS it DRESSER. I at... Culvert & Equipment Co. HAtlLP AI( . TRUCK I uu eu.IRE .. _ l1i-~S.S1S1 M"CISON..., ...~1n..c111 CR((HIUY .. .H."~S."lI Mtl.WAUK(E. ...U.44105-4'-Q SlIHR10R ..71i-Jt1.11U I the Municip:llilr December 1990 439 -