Violation of Due Process – Anti-Combination Laws

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WI Court of Appeals – District II

Case Name: E. Glenn Porter, III, et al. v. State of Wisconsin, et al.

Case No.: 2016AP1599

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Violation of Due Process – Anti-Combination Laws

In this appeal, E. Glenn Porter, III and Highland Memorial Park, Inc., contend two statutes, which the parties refer to as the “anticombination laws,” are facially unconstitutional on equal protection and substantive due process grounds. Generally speaking, the anti-combination laws prohibit the joint ownership or operation of a cemetery and a funeral home. The State asserts the anti-combination laws survive rational basis scrutiny and are therefore constitutionally permissible. Porter agrees the anti-combination laws are subject to rational basis review; however, he urges us to apply a more stringent form of rational basis scrutiny, sometimes referred to as “rational basis with bite.”

We conclude that, whether analyzed using traditional rational basis scrutiny or a so-called “rational basis with bite” standard, the anti-combination laws pass constitutional muster, in that Porter has failed to show beyond a reasonable doubt they are not rationally related to a legitimate government interest. We therefore affirm the circuit court’s order granting summary judgment to the State.

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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.