[DOWNLOAD] "Diane Brandmiller v. Phillip Arreola" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Diane Brandmiller v. Phillip Arreola
- Author : Supreme Court of Wisconsin
- Release Date : January 13, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
WILLIAM A. BABLITCH, J. Brandmiller, et al. (Brandmiller) challenge the constitutionality of various ""cruising"" ordinances enacted by the municipalities of West Allis, Milwaukee, Greenfield and Hales Corners (the Municipalities). Brandmiller argues that the cruising ordinances are unconstitutional under both the federal and the Wisconsin constitution because they violate the fundamental right to travel and are overbroad. The Municipalities argue that the ordinances do not impinge upon any fundamental right since they are merely traffic regulations. Although we recognize a fundamental right to intrastate travel, we hold that the cruising ordinances are constitutional as they are appropriate time, place and manner restrictions on the right to travel. In addition, the ordinances are not overbroad. Accordingly, we affirm. The facts are undisputed. The Municipalities enacted ordinances barring ""cruising."" The ordinances are essentially identical in findings, purpose and wording. Each municipality found that a threat to public health, safety and welfare arises from the traffic congestion generated by repetitive unnecessary driving of motor vehicles on certain streets. ""Cruising"" caused many problems which the cities could not control by the enforcement of existing laws or through increased police presence. The affidavit of Chester D. Kass, Chief of Police for the City of Greenfield, explains the severity of these problems: