Minocqua, WI – The Minocqua Brewing Company won a legal victory today as Wisconsin’s 3rd District Court of Appeals granted a temporary injunction preventing Oneida County from shutting down the brewery based on what has been deemed selective enforcement of zoning violations.
Kirk Bangstad, owner of the Minocqua Brewing Company, expressed his relief and gratitude, stating, “The appellate courts reaffirmed what I’ve been saying for years – that the Old Boys Network of Minocqua and Oneida County has unconstitutionally retaliated against my company for the content of our speech.”
Background of the Case
Over the past year, the Minocqua Brewing Company has faced numerous challenges imposed by Oneida County Zoning. Last July, during the height of the tourism season, the county voted to shut down the brewery over zoning violations, including an “unenclosed dumpster,” in what Bangstad describes as a move designed to inflict maximum financial pain on his company.
In response, the brewery filed a federal lawsuit in August 2023, presenting substantial evidence of selective enforcement. This legal action brought Oneida County back to the negotiating table, resulting in a permit for the brewery to build a beer garden and the subsequent dropping of the lawsuit in fall of 2023.
However, the Town of Minocqua required an easement for the new permit, which was withheld until the brewery dropped its lawsuit against the town – an act Bangstad calls an illegal quid pro quo. Despite running out of resources to continue fighting, Bangstad complied, and the beer garden was completed just in time for Memorial Day Weekend this year.
The county continued to scrutinize the brewery, finding minor faults and imposing conditions unrelated to safety or zoning laws, while other businesses were not held to the same standards. Despite offering to comply with these conditions after the tourism season concluded, the county rejected this compromise and scheduled a hearing to shut down the beer garden.
An emergency injunction filed in Oneida County Court was denied by Judge Bloom, who restricted testimony and rejected the brewery’s plea without allowing the full presentation of witnesses. Consequently, the county voted to revoke the brewery’s permit, but an emergency injunction filed with the 3rd District Court of Appeals was granted, ordering Oneida County Zoning to cease their actions.
Continued Fight
While this injunction is a temporary victory, Bangstad acknowledges that the fight is far from over. The brewery now faces the task of defending the brewery at the appellate level, including securing zoning experts, civil engineers, and branding experts to demonstrate the baseless nature of the county’s violations and the continuous harm inflicted on the brewery’s brand by trying to shut it down.
About Minocqua Brewing Company
The Minocqua Brewing Company has become a strong progressive voice in Northern Wisconsin, drawing thousands of tourists from across the country to our historic taproom in downtown Minocqua. They have also recently opened a new “home away from home” location on the west side of Madison. For more information about the new products and upcoming events, please visit Minocqua Brewing Company’s website: MinocquaBrewingCompany.com.
