Ordinance Interpretation and Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: Village of Muscoda v. Greg Douglas Griswold

Case No.: 2020AP166

Officials: KLOPPENBURG, J.

Focus: Ordinance Interpretation and Sufficiency of Evidence

Greg Douglas Griswold appeals a circuit court judgment finding him guilty of violating a Village of Muscoda ordinance that provides: “No person may violate any rules or regulations that have been enacted by the Librarian or the Library Board.” Muscoda, Wisconsin, Municipal Code § 12-1-10 (2020).

The circuit court concluded that, on October 16, 2019, Griswold violated the Village ordinance. The underlying rule that triggered the ordinance citation is a Muscoda Public Library rule providing that “patrons must sign in to use either of the two study rooms in the library.”

Griswold argues on appeal that there is no evidence that he disobeyed the sign-in rule in violation of the ordinance on October 16, 2019. I agree that the record shows that Griswold did not actually enter or use either of the two study rooms in the library on October 16, 2019. He therefore did not disobey “any rules or regulations that have been enacted by the Librarian or the Library Board” in violation of the ordinance. Muscoda, Wisconsin, Municipal Code § 12- 1-10 (2020). Accordingly, I reverse.

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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.