Ordinance Interpretation – 1st Amendment

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7^th Circuit Court of Appeals

Case Name: Construction and General Laborers’ Union No. 330, et al. v. Town of Grand Chute

Case No.: 18-1739

Officials: WOOD, Chief Judge, and EASTERBROOK and BRENNAN, Circuit Judges.

Focus: Ordinance Interpretation – 1^st Amendment

Scabby the Rat has returned. Insofar as this case is concerned, he first made his appearance in the Town of Grand Chute, Wisconsin, in connection with a labor dispute there. When the Union could not persuade the district court to enjoin a Town ordinance forbidding Scabby’s presence, it appealed to this court. We were concerned, however, that the case might be moot, because the construction project Scabby had adorned was long since completed. Construction and General Laborers’ Local Union No. 330 v. Town of Grand Chute, Wisconsin, 834 F.3d 745 (7th Cir. 2016) (Scabby I). We therefore returned the case to the district court for further exploration of the original controversy and the significance, if any, of a replacement ordinance the Town enacted in 2015.

The district court did as we asked. Construction and General Laborers’ Local Union No. 330 v. Town of Grand Chute, 297 F. Supp. 3d 850 (E.D. Wis. 2018) (Scabby II). It concluded that the case was not moot, because the Union was seeking damages stemming from the 2014 events. On the merits, the court held that the Town did not discriminate against the Union in violation of the First Amendment when it banned Scabby under its 2014 Sign Ordinance, and that the 2015 Sign Ordinance also passed constitutional muster. The Union has appealed from those rulings. We conclude that the district court correctly concluded that the dispute over the 2014 Ordinance was not moot, and that the Ordinance did not discriminate on the basis of content in violation of the First Amendment. Whatever dispute may exist over the 2015 Ordinance is not ripe at this time, however, and so we dismiss that part of the case without prejudice.

Affirmed in part. Vacated and Remanded in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.