Statutory Interpretation – Home Rule Amendment

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WI Supreme Court

Case Name: James A. Black et al v. City of Milwaukee

Case No.: 2014AP400

Focus: Statutory Interpretation – Home Rule Amendment

Supreme courts interprets application of the Home Rule amendment

“As to the first issue, we hold that Wis. Stat. § 66.0502 precludes the City from enforcing its residency requirement. The Legislature has the power to legislate on matters of local affairs when its enactment uniformly affects every city or every village, notwithstanding the home rule amendment. For purposes of the home rule amendment, an enactment is uniform when it is facially uniform. Wisconsin Stat. § 66.0502 is facially uniform because it applies to “any city, village, town, county, or school district.” Wis. Stat. § 66.0502 (2) (emphasis added). Because Wis. Stat. § 66.0502 uniformly affects every city or village, it trumps section 5-02 of the City’s charter. As a result, Milwaukee may no longer enforce its residency requirement. As to the second issue, we hold that the Police Association is not entitled to relief or damages under 42 U.S.C. § 1983. Its section 1983 claim fails because the Police Association has not met the requirements necessary to prevail on a section 1983 claim. Specifically, the Police Association has not shown a deprivation of rights, privileges, or immunities protected by the Constitution or the laws of the United States.”

CONCURRING: BRADLEY

DISSENTING: BRADLEY, ABRAHAMSON

Affirmed in Part, Reversed in Part

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.