Owners of two popular wedding venues in Wisconsin have initiated a legal battle against the state’s Department of Revenue, challenging a new law they claim threatens their businesses. Daniel Gallagher of Monarch Valley Wedding & Events, located outside Blair, and Jean Bahn of Farmview Event Barn in Berlin, represented by the Wisconsin Institute for Law & Liberty (WILL), filed the lawsuit on Tuesday in Trempealeau County.
The lawsuit directly targets the Wisconsin Department of Revenue and its Secretary-designee, David Casey, as a response to Act 73 signed into law by Governor Tony Evers last December.
The legislation mandates that wedding barns, if they sell or allow alcohol on their premises, must obtain a specific permit or alcohol license by 2026. The law was introduced amid legislative debates over the regulation of alcohol at these increasingly popular rural event locations.
Under the new requirements, wedding barns can opt for a “no sale event venue permit,” which permits the carry-in and consumption of only beer and wine, but limits such events to six per year and no more than one per month. Alternatively, obtaining a full liquor license would prohibit carry-ins, requiring guests to purchase alcohol directly from the venue, potentially increasing the cost of events.
“It is unfair that the State of Wisconsin has chosen to single out the few barn venues that are a destination only,” stated Gallagher. He highlighted the impact on his business, which operates in a dry township, adding undue financial burden. Bahn also criticized the legislation, noting that hosting weddings helps maintain her farm financially and that the law seems to serve special interests aimed at limiting competition.
The lawsuit also challenges the logical consistency of Act 73, particularly its definitions and exemptions related to what constitutes a “public place.” The plaintiffs argue that the law illogically exempts activities like tailgate parties at Lambeau Field while classifying private, invite-only wedding events at barns as public places.
Claiming that Act 73 violates their rights to equal protection and to earn a living as guaranteed under the Wisconsin Constitution, Gallagher and Bahn seek a judicial review to overturn the contentious aspects of the law. The case raises significant questions about the balance between state regulation and the economic freedoms of small business owners in the rural event hosting sector.