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Appeals court rules in Oshkosh’s favor in pub crawl suit

By: Associated Press//February 16, 2017//

Appeals court rules in Oshkosh’s favor in pub crawl suit

By: Associated Press//February 16, 2017//

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MADISON, Wis. (AP) — A state appeals court has sided with the city of Oshkosh in an ongoing legal fight with the organizer of a pub crawl.

Joseph Kubiak declined to pay for an event permit for a pub crawl in 2014 after several years of doing so, WLUK-TV reported. The city sued, saying Kubiak didn’t comply with the ordinance requiring a permit.

A circuit judge dismissed the lawsuit, ruling that the meaning of “organizer” was unconstitutionally vague. However, an appeals court reversed the decision and ruled in the city’s favor Wednesday.

The appeals court said that even though the term “organizer” isn’t perfectly clear, it doesn’t make room for guesswork in its enforcement.

“In our judgment, the Ordinance is not unconstitutionally vague; it is sufficiently definite so that potential offenders who wish to abide by the law are able to discern when the region of proscribed conduct is neared,” the court wrote in its ruling.

The appeals court sent the case back to Winnebago County Judge Thomas Gritton. No hearings have been scheduled.

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