State v. Black Steer Steak House, Inc.

The State of Wisconsin 2 appeals the dismissal of its criminal complaint against Black Steer Steak House, Inc., for Black Steer’s violation of the credit restrictions imposed by sec. 176.05(23) (c), Stats., 3 on retail liquor licensees. The parties have stipulated that there is a factual basis for the charge, and the only issue is whether sec. 176.05(23) (c) violates the equal protection clause of the fourteenth amendment to the United States Constitution. Because the resolution of this case does not depend on findings of adjudicative facts, this court will not defer to a trial court’s…