Dear John,

Last week we secured our first win of the New Year! After three years of litigation, and with an upcoming trial looming, the town of Eagle, Wisconsin, backed down instead of facing off with IJ in court. 

For years, the town has weaponized their code enforcement by contracting with a private law firm to prosecute code violations, and by using fines and fees to retaliate against citizens who criticized town officials. 

Our clients, Erica Brewer and Zach Mallory, found themselves on the wrong end of the town code enforcement machine after they spoke out on behalf of their neighbors and against town officials. Shortly after, they received an “anonymous complaint” about code violations on their farmland—harmless infractions like keeping their grass too tall and having an unpermitted flower box.  

The couple ended up facing $20,000 in fines—an amount completely disproportionate to the minor issues found on their property. So, they teamed up with IJ to hold the town accountable for their unconstitutional code enforcement.  

The town tried every way they could think of to stall the case and get out of the impending trial, using endless procedural delays and obstacles to keep our case from going before a judge and to exhaust Erica and Zach into submission. But, as you know, IJ doesn’t relent, and the courts ultimately refused to go along with the town’s scheme, asserting that the trial would take place early this year.

Erica, Zach, and other residents of Eagle, Wisconsin, will no longer face abusive code enforcement after an agreement with the town.

And last week we prevailed when the town gave us what we wanted for our clients all along. Eagle agreed not to pursue the ordinance violations against Erica and Zach. The town also enacted a variety of code enforcement reforms—drafted by IJ—to reduce the financial burden of code violations, add transparency to the enforcement process, and decrease the likelihood of retaliatory enforcement.  

The precedent we seek in this area is clear—all levels of government may not retaliate against their citizens for engaging in constitutionally protected activities. In 2024 we’ll continue fighting for other people who have experienced similar retaliation—from Robert Reeves, who had bogus charges brought against him by Wayne County, MI, after he partnered with IJ in another lawsuit, to Sylvia Gonzalez, a Texas grandmother who was thrown in jail for speaking against her city government. 

In the next few months, we’ll be before the U.S. Supreme Court to hold accountable the government officials who spent months hatching a scheme to wrongfully punish Sylvia as we push forward in more than 100 other cases nationwide to vindicate other essential constitutional rights.  

This is just the first in a long line of victories we plan to secure in 2024. Thank you to all our friends and supporters for being by our side!  

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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