01/14/2024
HOT OFF THE PRESS! And almost four years later…The Town of Eagle reached settlement with us, and made changes to make it better for all. What a learning experience!
First Amendment Retaliation Lawsuit Settles After Eagle, WI, Adopts Significant Reforms
ARLINGTON, Va.—The Institute for Justice (IJ) today announced an agreement between its clients, Erica and Zach Mallory, and the town of Eagle, Wisconsin. The Mallorys sued the town in 2020 for violating their First Amendment right to free speech. The Mallorys found themselves facing fines amounting to more than $20,000 for alleged minor violations of property ordinances on their small farm after speaking out about the town government at public meetings and on social media. They sued, arguing that the town pursued the enforcement action in retaliation for their public criticism. The case was scheduled for a federal jury trial this month, but the Mallorys and the town were able to reach a productive settlement that resolved the legal issues in the case while protecting the rights of every property owner in the town. As part of the agreement, the Mallorys will not face any fines or fees for the original alleged ordinance violations.
After consultations with the Mallorys and IJ, the town of Eagle enacted a variety of policy reforms bringing increased transparency and fairness to the ordinance enforcement process. These changes will reduce the financial burden of the enforcement process for property owners, increase transparency, and standardize the process to ensure that all alleged violators are treated equally.