HOEKSTRA V. CITY OF BAYFIELD

Case Name: Hoekstra v. City of Bayfield

Type of Case: Economic Freedom

Court: U.S. District Court for the Western District of Wisconsin

Case Number: 2011-CV-650

Filed On: September 22, 2011

Current Status: Case closed with a favorable settlement.

Seeking to protect 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. WILL 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.

Background

The ordinance severely restricted who could own and operate a bed and breakfast in the city. It required proprietors to reside locally at least half the year, register to vote there, and list their municipal address on their driver’s licenses.

WILL represented two couples operating bed and breakfasts who were disadvantaged by these residency-based restrictions, arguing the ordinance violated constitutional protections against state discrimination targeting out-of-state residents.

Status

After litigation commenced, the city agreed to revise the ordinance by eliminating the residence requirements and aligning with state regulations, leading to dismissal of the case.

CASE DOCUMENTS

• Summons & Complaint, September 2011
• First Amended Complaint, 2011
• City of Bayfield Answer, 2011
• Press Release, September 26, 2011