FDL County Social Hosting Ordinance Shot Down

Fond du Lac County’s social hosting ordinance was struck down by a Wisconsin appeals court Wednesday. Stuart Muche of Van Dyne challenged the ordinance after he was cited last year because minors were drinking at his son’s graduation party. He argued the ordinance was stricter than state law. The 2nd District Court of Appeals agreed with the basis of his argument and struck down the ordinance on a 3 to nothing vote. County Executive Al Buechel says the ordinance will have to be revised. He says that’s a decision the County’s Corporation Counsel will have to make after consulting law enforcement and the District Attorney’s Office. 

Former DA Warned Against Passing Of Ordinance

A Former Fond du Lac County District Attorney says he’s not surprised a state appeals court struck down the County’s social hosting ordinance. Dan Kaminsky says he was DA at the time that ordinance came before the County Board for approval and recommended not passing it because he too felt it was stricter than the state’s law. He says then County Corporation Counsel Bill Bendt disagreed with him and so did County Board Chairman Marty Farrell and the ordinance was passed. Kaminsky is now in private practice, but he says he defended someone who was cited for violating the ordinance. He says the judge and prosecutor felt the case should wait because the ordinance was being appealed. Eventually Kaminsky’s case was dismissed due to other facts.