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I .' '" 5/S- \ - - . I -, I < An Legal In a recen[ case, Srale Y. Pan- judgment obtained under the Wis- no.!: the Wisconsin coun 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 the Wisconsin nuisance sta- free speech rights under either the rute against an adult bookstore Wisconsin Constirution (an. I,'" sec. where unla,vful sexual activity was 3) or the federal Constitution, I 6. Closure of Adult Enlertain- taking place on the premises. The The COUrt of appeals, relying an menl Businesses Which Constitule 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 which Wisconsin municipalities may adult bookstore and eventually con- bookstore pursuant to a New York II 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- adult emertainment businesses Within 60 days of the convictions consin and federal Constitutions I where illegal se.,ua] activity takes the district attorney's office issued a lldo nOt 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 maimains or uses a and requesting the court to' enjoin Condusion - 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- guilty of a nuisance (emphasis ad- that fourth degree sexual assault lages are prohibited from regulating I 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 "lewdness" other methods available to validly citizen of the county may maintain within the meaning of the nuisance regulate adult entertainment busi- an action in circuit court to abate statute and that the convictions for nesses. I the nuisance. Sec. 823.10. this conduct were sufficient proo f 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 Commenc. committed in the building is consi- pursuant to sec. 823.13. The League has sample adult enter- dered sufficient proo f of the exis- The proprietor of the bookstore tainment zoning, licensing and tence of a nuisance in the building and the owners of the property Ilopen booth!> ordinances on file. I in an action for abatement COffi4 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, tence of a nuisance is established in year. The Wisconsin court of ap- (Powers of Municipalities ~ I an action under sec. 823.09, or in a peals held that the one-year closure #837 and #838) criminal proceeding, an order of abatement closing the building for I up to one year may be entered as a :l People e:r: reI. Arc-ora Y. Cloud Books. part of the judgment in the case. n l.S1 Wis.2d 819. 447 N.W.2d 74 (Ct. App. In<" 478 U.S. 697 (1986). Sec. 823.13. 1989). :. Panno. 447 N.W,2d at 79. Ii Ii Get Your BARK ~ I Genuine WASCO & DRESSER Haulpak RIVER I PARTS at... Culvert & Equipment Co. I . [.AU CL.AU\E.. .. 71.$-C.$-$I$7 "'.AOISON. ......~2n~1$1 GREEk a...,. .._"'.~n.M7' loUI..WJ.UI(.t:[. .. ll..."-$.I.~O SUPI!:R1OR . 1'$-~n.22~:J the Municjp:1Jir~' December 1990 439 I -