Galuska v. Kornwolf

Wisconsin has a statute regulating sales by transient merchants, sec. 130.065, Stats. Residents of a subdivision near the Seven Mile Fair (collectively residents), appellants in this action, filed a mandamus action to compel the Racine county clerk to establish procedures for the issuance of such licenses and to compel the Racine County Sheriff to enforce the statute. As a defense to the residents’ action, the sheriff and the county clerk argued that the statute was unconstitutional. The trial court agreed, concluding that the statute violated the commerce, equal protection, and due process…