Wisconsin Ass'n of Food Dealers v. City of Madison

This is an action for declaratory and injunctive relief seeking to have sec. 23.-44(2) of the Madison General Ordinances declared invalid and to enj'oin the city from enforcing the ordinance. The ordinance requires retail outlets in Madison selling milk in nonrefillable containers equal to or greater than one gallon in volume to also offer milk for sale in “returnable, refillable, reusable” containers in “sufficient quantities.” Violators of the ordinance are subject to a forfeiture of not more than $200. Sec. 23.60, Madison General Ordinances.

The plaintiffs, petitioners in this court,…