00-3487, 00-3488 City of Beloit v. Veneman

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Mieke Veneman appeals two judgments of conviction for placing signs in a public way in violation of Beloit, Wis., Ordinances sec. 30.16. The City of Beloit issued the two citations after Veneman placed yellow ribbons on poles on terraces in support of the American troops in the Kosovo conflict. After the municipal court found her guilty of violating the ordinance, Veneman requested a jury trial in circuit court. The circuit court granted the City’s motion for summary judgment, concluding there were no disputed issues of fact, the ribbons were an “animated sign” as defined in Beloit, Wis., Ordinances sec. 30.03(1), and she had not presented evidence of either selective enforcement or viewpoint discrimination that would entitle her to a trial.

On appeal Veneman asserts that the yellow ribbons were not signs within the meaning of the ordinance and summary judgment was not appropriate because the facts on the record presented were sufficient to entitle her to a trial on the issues of selective enforcement and viewpoint discrimination.

We conclude that, based on the undisputed facts, the yellow ribbons were signs within the meaning of the ordinance, although our analysis differs from that of the circuit court. Because Veneman does not challenge the propriety of using the summary judgment procedure when a trial de novo to a jury has been requested on an alleged ordinance violation, we assume without deciding that the procedure was available to the City. We agree with the circuit court that the materials submitted by Veneman did not show a disputed issue of fact with respect to either selective enforcement or viewpoint discrimination. We therefore affirm. This opinion will not be published.

Dist IV, Rock County, Dillon, J., Vergeront, J.

Attorneys:

For Appellant: Thomas J. McClure, Delafield

For Respondent: Thomas R. Casper, Beloit