Texture: Court declares city of Milwaukee licensing procedures in violation of law and Texture remains open due to restraining order

For more information contact: Attorney David Halbrooks – 414-840-0228

Milwaukee County Circuit Judge Charles Kahn ruled today that the procedures used by the City of Milwaukee in licensing matters violates the due process rights of license holders. This decision came during the judicial review hearing of the city’s non-renewal of the tavern license of a popular Walker’s Point nightclub, Texture.

Kahn ruled that the Licenses Committee’s procedure in which the Milwaukee City Attorney’s office drafts the Committee’s Findings of Fact and Conclusions of Law, without any input or approval by the Committee, violates the due process rights of licensees. Kahn stated that the written words of a city attorney may not exactly replicate the full view of what the Committee intends to establish after presiding over a hearing. Judge Kahn further said that there is no sense of legitimacy for the Findings of Fact drafted by the city attorney to become those of the Committee without any approvals or review by the Committee itself.

Additionally, Kahn stated that the Common Council has no authority under which it can increase the sanction recommended by the Licenses Committee. With respect to Texture, this means that the Council’s non-renewal of Texture’s license after a Committee recommendation of renewal with a 25-day suspension, was illegal.

Because of his ruling, Kahn extended Texture’s temporary restraining order and the club will continue to remain open for business during the litigation.

Kahn’s ruling could be potentially far reaching as it calls into question virtually every sanction ever imposed by the City of Milwaukee Common Council on licensing matters.

Texture was represented at today’s hearing by Attorneys David Halbrooks & Matthew Lerner.