CITY OF MILWAUKEE V. BURNETTE 637 N.W.2d 447 (2001) CASE BRIEF

CITY OF MILWAUKEE V. BURNETTE

637 N.W.2d 447 (2001)

NATURE OF THE CASE: City (P) sought an injunction against prostitutes (Ds) enjoining them from prostitution related activities in the city. The court granted the city's motion for summary judgment and Ds appealed.

FACTS: P brought an action against Ds for being a nuisance by committing prostitution. The case was decided on summary judgment. The injunction was entered by the trial court on an amended complaint filed by P alleging that Ds were prostitutes and that their prostitution activities in specified areas were a 'public nuisance.' Ds appealed from a judgment permanently enjoining them from engaging in prostitution-related activities within certain specified areas in the City of Milwaukee. Ds submitted affidavits stating that the injunction sought by P would interfere with their ability to live their lives in peace and to interact with friends and family members. They expressed concerns that they would violate the injunction if they spoke to someone who might be a prostitute even though they did not know it. They also averred that they were 'confused by what the injunction requires of me.' A Dr. Miller challenged P's attempt to show a connection between prostitution and drugs, crime, and disease. Additionally, Dr. Miller avers, contrary to P's contention, that prostitutes do not act in concert. This appeal was taken.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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