Black v. City of Milwaukee

369 Wis. 2d 272, 882 N.W.2d 333, 2016 WI 47 (2016)

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Black v. City of Milwaukee

Wisconsin Supreme Court
369 Wis. 2d 272, 882 N.W.2d 333, 2016 WI 47 (2016)

Facts

The City of Milwaukee, Wisconsin (Milwaukee) (defendant) had a longstanding residency requirement mandating that city employees live within city limits or face termination. In 2013, the Wisconsin legislature enacted a state statute prohibiting local governments from imposing residency requirements on employees. The statute reflected a policy determination that public employees should be free to choose where they live. The Milwaukee Police Association and Milwaukee Professional Firefighters Association (professional associations) (plaintiffs) sued Milwaukee, arguing that Milwaukee could no longer enforce its residency requirement on its police officers and firefighters. Milwaukee argued that because of the state constitution’s home-rule amendment, the Wisconsin statute did not trump the local residency requirement. The requirement involved a matter of local affairs because it was intended to protect Milwaukee’s interests in maintaining a tax base, ensuring a common community investment among residents, and efficiently delivering municipal services. The trial court granted summary judgment in favor of the professional associations, finding the residency requirement unenforceable. The court of appeals affirmed in part and reversed in part, and the Wisconsin Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Gableman, J.)

Concurrence/Dissent (Bradley, J.)

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