Fourth Amendment

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WI Court of Appeals – District I

Case Name: Always Towing and Recovery, Inc. v. City of Milwaukee

Case No.: 2021AP000876

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Fourth Amendment

Always Towing and Recovery, Inc. and Jason Pehowski (collectively Always Towing) appeal an order of the circuit court granting summary judgment in favor of the City of Milwaukee. On appeal, Always Towing argues that two ordinances promulgated by the City— MILWAUKEE, WIS., CODE § 93-47-3 (2019) (the “drop fee” ordinance) and MILWAUKEE, WIS., CODE § 93-47-2-h (2019) (the “reporting” ordinance)—are preempted by state law and, therefore, invalid. Additionally, Always Towing argues that the reporting ordinance promulgated by the City violates the Fourth Amendment.

The appeals court does not agree that the drop fee ordinance is preempted by state law; however, it does agree that the reporting ordinance is preempted by state law. Thus the court rules that the drop fee ordinance is valid, and the reporting ordinance is invalid and thusly affirms that part of the circuit court’s order granting summary judgment in favor of the City as it relates to the drop fee ordinance, and reverses that part of the circuit court’s order granting summary judgment in favor of the City as it relates to the reporting ordinance. As a result of the court’s conclusion, the appeals court does not agree with Always Towing’s argument that the reporting ordinance violates the Fourth Amendment. See State v. Blalock, 150 Wis. 2d 688, 703, 442 N.W.2d 514 (Ct. App. 1989).

Affirmed in part Reversed in part, and Remanded.

Decided 01/24/23

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