Wisconsin Manufacturers & Commerce v. Wisonsin

978 F. Supp. 1200, 1997 U.S. Dist. LEXIS 15363
CourtDistrict Court, W.D. Wisconsin
DecidedSeptember 25, 1997
DocketNos. 97-C-0288-C, 97-C-0306-C
StatusPublished
Cited by1 cases

This text of 978 F. Supp. 1200 (Wisconsin Manufacturers & Commerce v. Wisonsin) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wisconsin Manufacturers & Commerce v. Wisonsin, 978 F. Supp. 1200, 1997 U.S. Dist. LEXIS 15363 (W.D. Wis. 1997).

Opinion

OPINION AND ORDER

CRABB, District Judge.

These two consolidated civil actions for declaratory, injunctive and monetary relief [1203]*1203are before the court on five separate motions. Jurisdiction is present, 28 U.S.C. § 1331. Proposed interveners Adelman, Chvala, Gloudeman and Dixon have filed a motion to intervene and a motion to abstain. Defendants have submitted a separate motion to dismiss or abstain. Plaintiffs Americans-for Term Limits, Inc. and ABC have filed a motion for summary judgment. A motion for judgment on the pleadings ‘has been filed by all plaintiffs.

I conclude that abstention under the Youtiger doctrine is required because of the existence of ongoing state judicial proceedings in which important state interests are implicated and in which plaintiffs are afforded an adequate opportunity to raise their constitutional challenges. Therefore, defendants’ motion to abstain will be granted. The decision to abstain is dispositive as to the entire action, making it unnecessary to address the merits of the other motions.

For the sole purpose of deciding this motion, I find from the pleadings that the facts are as follows.

FACTS

Plaintiffs WMC Issues Mobilization Council and Wisconsin Manufacturers and Commerce are nonstock, nonprofit corporations with their principal places of business in Madison, Wisconsin. Wisconsin Manufacturers and Commerce provides financial support to the Issues Mobilization Council. Plaintiffs ABC Corporation and XYZ Corporation are each organized under Wisconsin law and have them principal places of business in Wisconsin. Although ABC and XYZ Corporations both provide financial support to the Issues Mobilization Council, only ABC is a member of Wisconsin Manufacturers' and Commerce.

Plaintiff Americans for Limited Terms, Inc. is a nonstock, nonprofit corporation organized under the laws of Delaware, with its principal place of business in Evanston, Illinois. Americans for Limited Terms, Inc. is qualified as an exempt social welfare organization under 501(c)(4) of the Internal Revenue Code. Plaintiff ABC is a natural person residing in Wisconsin. ABC is a supporter of and contributor, to Americans for Limited Terms, Inc.

Defendant State of Wisconsin Elections Board is an independent agency in the executive branch of the State of Wisconsin, created pursuant to Wis. Stat. § 15.61. The Board enforces certain statutory provisions governing elections and campaign financing set forth, in Wis. Stat. Chs. 5-11. Defendant Kennedy is executive director of the Board; defendant Kranig is secretary; defendants Brennan, Halbrooks, McKay, Paradise and Stevenson are members. Defendants Dickey and Niebler were members of the Board during all times relevant to this action. After. expiration of their terms on April 30, 1997, they were replaced by defendants Wiseman and Millis.

As stated in the Issues Mobilization Council’s articles of incorporation, its purposes are to mobilize support in a variety of ways for public policies that will lead to greater economic opportunities, job creation and a higher quality of life for Wisconsin citizens. Since its creation in 1993, the Issues Mobilization Council has engaged in activities designed to educate the public on issues such as property tax, civil justice reform, expenditures for education, violence in the workplace and the voting records of incumbent legislators.

Beginning in the fall of 1996, the Issues Mobilization Council produced a series of radio, television, and direct mail advertisements about specific positions on specific public issues taken by certain members of the Wisconsin legislature. One such spot began airing on television on October 24, 1996, a few weeks before the general election. The audio portion of the advertisement informed viewers that State Senator Lynn Adelman has cost his constituents jobs by voting against curbs on frivolous lawsuits; made a career of putting the rights of criminals ■ ahead of- victims; and voted to deny employers the right to keep convicted felons out of the workplace. The spot closes by suggesting that viewers call Senator Adelman to “tell him honest working people have rights, too.” A toll-free number is provided for this purpose.

[1204]*1204During the fall of 1996, the Issues Mobilization Council produced similar television advertisements naming State Senator Charles Chvala and State Representatives David Plombon and Michael Wilder. On October 24, 1996, Adelman, Chvala, Plombon and Wilder filed complaints with the Board. All complaints alleged -that these television advertisements violated Wisconsin election law. In addition, Adelman, Chvala, Plombon and Wilder brought actions in Milwaukee, Dane County and Eau Claire state circuit courts, and obtained temporary injunctions enjoining the Issues Mobilization Council from airing the disputed advertisements or any similar advertisement. After the state court of appeals refused to overturn these injunctions, three of the cases, Dixon and Chvala v. WMC Issues Mobilization Council, Inc. (96-CV-2498), Gloudeman and Adelman v. WMC Issues Mobilization Council, Inc. (96-CV-8317) and Plombon et al. v. WMC Issues Mobilization Council, Inc. (96-CV-0561) were consolidated before the Honorable Mark Frankel; the fourth case, Travis v. Americans for Limited Terms, Inc. (96-CV-2581), is pending before the Honorable Daniel Moser, all in the Circuit Court for Dane County, Wisconsin. On September 12, 1997, Judge Frankel entered an order dismissing the Issues Mobilization Council’s counterclaim for declaratory relief, denying its motion to dismiss the plaintiffs’ claim for declaratory relief on the ground of mootness, and denying its motion to dismiss plaintiffs’ claims for a permanent injunction.

Americans for Term Limits, Inc. is a “grass roots” organization that does not accept contributions from business corporations or labor unions. The purpose of Americans for Term Limits, Inc. is set forth in its articles of incorporation. It includes promoting respect for the rule of law and limited government by advocating term limits for political incumbents at the local, state and federal levels. To carry out this purpose, Americans for Term Limits, Inc. occasionally disseminates information during campaigns involving candidates who oppose term limits. One such candidate, Wisconsin State Representative David Travis, was the subject of radio advertisements and a bulk mailing campaign coordinated by Americans for Term Limits, Inc. in the fall of 1996. An informational brochure distributed by the organization asks readers to “thank” Travis’s opponent for supporting term limits and “demand” that Travis “change his anti-term limits position today.” The companion radio advertisement makes no mention of Travis’s opponent but urges listeners to “call” Travis and “remind” him that “the people want term limits.” On November 1, 1996, Travis filed a complaint with the Board, alleging that these radio advertisements violated Wisconsin elections law because Americans for Term Limits, Inc. is not registered with the board as a political action committee.

On November 22, 1996, the Board consolidated the complaints filed against the Issues Mobilization Council and Americans for Term Units, Inc.

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Related

Wis. Mfrs. & Commerce v. STATE OF WIS. ELECS. BD.
978 F. Supp. 1200 (W.D. Wisconsin, 1997)

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Bluebook (online)
978 F. Supp. 1200, 1997 U.S. Dist. LEXIS 15363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-manufacturers-commerce-v-wisonsin-wiwd-1997.