WILL Sues Evers to Protect Wedding Barns
By: Cori Petersen
Dunn County, Wisconsin — Bob and Jean Bahn were long-time dairy farmers, and when they stopped milking cows, like many farmers, they didn’t have much set aside for retirement. In an effort to supplement their retirement income in the future, and to add a new revenue stream to their current farm operation, they decided to turn their dairy barn into an event venue and opened Farmview Event Barn in Berlin, Wisconsin in 2018.
Since then, they have hosted 8 weddings and have 14 booked for 2019. Like other popular wedding venues, they are booked into 2020.
In 2013, John and Julie Govin purchased the home and property in Menomonie, Wisconsin where they first began their marriage and opened “The Weddin’ Barn” in 2014. Now the couple hosts 8–10 weddings per year.
“Our whole goal is to share our joy of marriage with a couple,” said John Govin.
Despite their popularity — or perhaps because of it — the wedding barn industry has been under attack from a special interest group for the last year. In November, former Attorney General Brad Schimel issued an informal opinion that wedding barns do indeed need liquor licenses — even though they are not public places or sell alcohol. This change in state law would end the wedding barn industry as we know it.
Today the Wisconsin Institute for Law & Liberty sued the Evers administration, seeking clarification of state law on behalf of the Govins and Bahns. “We think the law is pretty clear that wedding barns don’t need liquor licenses. A private venue on private property hosting private events is not a ‘public place’ under Wisconsin law. It is unfortunate that special interest groups have muddied the waters to such an extent that our clients have a real risk of being harmed by the confusion over state law,” said WILL Associate Counsel Anthony LoCoco.
Both of these barns had to go to their town and county boards to receive zoning and use permits and both abide by their counties’ ordinances. However, until now, they have had no trouble operating without a liquor license because they are private spaces hosting private events that allow their renters to give alcohol to their privately invited guests.
It comes as no surprise that it was members of the Tavern League who requested that the former attorney general give his opinion on the topic. The special interest group tried to pass a bill last year that would have required liquor licenses for wedding barns, but when WILL pointed out that the bill was so broad that it would have required alcohol licenses to even tailgate at a football game, the bill was a flop.
Then, the Legislative Study Committee for Alcoholic Beverages was formed last February, and it once again was no surprise that the chair of the committee was State Representative Rob Swearingen, who owns a tavern and was a former president of the Tavern League. Many committee members are either affiliated or have worked with the Tavern league.
When the committee didn’t produce any legislation, Rep. Swearingen went to then Attorney General Schimel for his opinion.
If the Evers Administration changes the interpretation of state law — to go along with the special interest groups — some wedding barn owners will be able to obtain reserve licenses for $10,000 and others, such as the Govins, who are in municipalities that don’t issue licenses, may have to shutter their doors for weddings.
“If the state changes the way it interprets the liquor license law, it will put us out of business,” said John Govin. “When we went through our zoning process my town chairman said, ‘I will support your business venture, but don’t ever ask me for a liquor license because I can’t support a liquor license.’”
If the wedding barns are forced to purchase liquor licenses they will also need to install refrigeration units on their property and develop relationships with wholesalers, effectively becoming bars or taverns.
“I don’t want to be a tavern,” said Jean Bahn. “I’m not open for people to just drive in when they want to and go up to the bar. The business I run is very organized. I know exactly when they’re coming in. I know exactly when their wedding day is, and that’s what I like about it.”
WILL Deputy Counsel Lucas Vebber summarized the lawsuit: “This legal action simply seeks to end the uncertainty around this situation. We are asking the Court to declare that the law is as everyone thought it was before the A.G. letter was issued — that individuals are free to consume alcohol with their guests at private events without the need for a license or permit.”
In America, wedding couples should be able to celebrate their big day at a wedding barn, located at one of Wisconsin’s pristine farms, without the heavy-hand of government.
