Appeals court sends Oshkosh Pub Crawl case back to lower court

FILE
FILE

Correction: The appeals court did not issue a ruling but sent the case back to circuit court.

OSHKOSH, Wis. (WBAY) –  A state appeals court has sided with the City of Oshkosh, and is telling a lower court to take a further look at the case involving the organizer of a popular pub crawl.

Back in 2014, the city argued the organizer of the pub crawl, Joseph Kubiak, did not obtain a $1,000 special events permit for the event. He also didn’t pay an invoice for more than $5,000 sent to cover the cost of extra law enforcement and barricades.

The city sued him for the money but lost when a court said the 2011 ordinance was unconstitutionally vague about what defines an “organizer.”

The appeals court says the ordinance is constitutional and sent the case back to circuit court to continue the proceedings.

The appellate court is leaving it for the circuit court to decide whether Kubiak can, in fact, be considered the organizer of the pub crawl and whether he’s responsible for the $6,000 bill.

The city says it’s considering its options. In a statement, the city communications coordinator said, “The city believes that the charges for the services provided to the Pub Crawl event were reasonable and necessary to ensure a safe event, and believes that the costs of providing those services should not be paid by city taxpayers but should be paid by the person who organized and profited from the event.”

Since losing the case in circuit court, the city revised the ordinance to clarify the definition of an event organizer.

 

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