Other Individual Rights

Fourth Amendment rights.  The right  to the right to earn a living.  Property rights.
WILL fights against government overreach in these areas and beyond.

Open Cases

St. Augustine v. Taylor

Should government get to decide who is and who isn’t Catholic?  We don’t think so, and we filed this lawsuit seeking to stop the Friess Lake School District and DPI from treating St. Augustine – an independent school with a catholic mission – as part of the Catholic Archdiocese.

Farmview Event Barn v. Evers

If you rent your space out and your guests bring their own alcohol to drink, should you have to get a liquor license?  We don’t think so, and interpreting the law that way puts wedding barns and similar venues at risk, so we sued to get the question cleared up.

Espinoza v. Montana DOR

The Montana Supreme Court struck down a popular scholarship tax credit program for violating its state constitution’s prohibition on providing any public funds, directly or indirectly, to religious institutions (private schools in this case).  We filed an amicus brief urging the U.S. Supreme Court to hear the case and rule that such “Blaine Amendments” in state constitutions are unconstitutional because they discrimination against religion.

Closed Cases

Ibrahim v. Milwaukee

For decades, Milwaukee had an arbitrary limit on the number of taxi cab licenses issued by the city.  WILL filed an amicus brief in a lawsuit brought by the Institute for Justice, and a court struck down the cap.

Hoekstra v. City of Bayfield

Seeking to protect the local bed & breakfast owners, Bayfield passed an ordinance requiring anybody who wanted to run a B&B during the summer months to live in the city at least six months each year.  We filed a federal lawsuit because this discriminated against owners who lived (most of the time) in other states.  To settle the lawsuit, Bayfield amended its ordinance.

Gerhard v. City of Green Bay

Should cities be able to declare your garden a nuisance and destroy it without giving you the chance to argue your side?  That’s exactly what Green Bay did, and we filed a lawsuit seeking to hold them accountable.  In the end, the city settled, paying the Gerhards for their damages and attorney fees.

City of Bloomfield v. Felix

Establishment Clause jurisprudence is hopelessly muddled and unmoored from its actual constitutional text.  We filed an amicus brief urging the Supreme Court to take a Ten Commandments case to straighten it out, but the Court declined.

Smith v. Wisconsin

Wisconsin prohibits the sale of butter that has not met the approval of government taste testers, effectively banning imports such as the popular Kerrygold butter from Ireland.  On behalf of consumers and a retailer, we challenged the law, which furthers no health or safety purpose.

Milewski v. Town of Dover

Wisconsin law says if you don’t let an appraiser come inside your house, you can’t challenge your assessment, no matter how unfair it is.  We filed a lawsuit on behalf of a couple who asserted their Fourth Amendment right to refuse to consent to a government search and were punished for standing up for their rights.  The Wisconsin Supreme Court struck down the law.

Highland Memorial v. Wisconsin

Wisconsin prohibits cemetery owners from owning or operating a funeral home and vice versa.  They can’t even have a funeral home operated by somebody else on their cemetery grounds!  We think the government has no legitimate interest in limiting people’s choices this way, and we filed a lawsuit challenging the law, but the Wisconsin Supreme Court disagreed.

Krist Oil v. Wisconsin

The State of Wisconsin thinks consumers need to be protected from low prices, and has passed a law prohibiting retailers from setting prices too low.  It also requires some products to be sold at a substantial markup – a hidden tax on consumers that goes straight into the pockets of business owners.  We sued to get rid of that law.

American Legion v. American Humanist Association

Establishment Clause jurisprudence is hopelessly muddled and unmoored from its actual constitutional text.  We filed an amicus brief urging the Supreme Court to straighten the mess out and uphold a WWI war memorial in the shape of a cross.

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