Court of Appeals Declares Racine Ordinance Unconstitutional

Racine Mayor Cory Mason (D) Seconds After Being Served With Lawsuit
(Photo Courtesy Optic Light Photography)

The Court of Appeals affirmed the lower court’s decision that Racine’s Safer at Home ordinance was unconstitutional. Specifically, the Appeals Court hammered the City’s position. The three-judge panel unanimously agreed with David Yandel, the plaintiff, and with the lower court that the City’s ordinance was unconstitutional and that “no average person of ordinary intelligence can make sense of [this ordinance’s] sprawling breadth.”

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Attorney Anthony Nudo of Terry and Nudo LLC
(Photo Courtesy Optic Light Photography)

Anthony Nudo, an attorney for the plaintiff, stated, “It’s rare that the courts will declare an ordinance unconstitutional. The court made the right decision today. The City of Racine exceeded their constitutional authority and tried bullying their citizens. The court saw through that and properly struck down their illegal ordinance. This is a win not only for our client, but for the citizens of Racine and those that visit the city. Justice was served.”

This decision was a clear win for citizen’s rights. The Court acknowledged that government must stay within its Constitutional boundaries, and clearly signaled that the Constitution is in place in times of peace and emergency. Hopefully, all units of government in the state, including Kenosha, will recognize that the Constitution is in place for a reason and won’t trample on citizen’s rights.

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Author

Kevin Mathewson

Kevin Mathewson is a disciple of Christ, husband and a father to two wonderful children. Mathewson was born and raised in Lake County, IL and worked as a police & fire dispatcher from 2005 to 2010 in Round Lake Beach, IL. Mathewson moved to Kenosha County in 2006, later being elected to the position of Alderman of the 8th District in 2012 and 2016. Mathewson is a private investigator, security contractor, journalist, and photographer. He enjoys spending time with his family, watching movies, camping and boating. His favorite amendment is the second, followed closely by the first. He loves his country and community.

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One Response

Heather says:

Jul 15, 2021 at 8:34 AM

So, now what? Is Racine punished for putting in an unconstitutional order? Are those who pushed this through in away way held accountable for the damage? Or do they just shrug and say “Oh, well. It’s over for now anyway.” and continue on as usual?

Reply