Pleasant Prairie Couple Battles Village After Judge Flags Major Citation Errors in Backyard Chicken Case

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Courtney Breit and her husband, Randy White of Pleasant Prairie
(Photo by Kevin Mathewson, Kenosha County Eye)

PLEASANT PRAIRIE, Wis. — What began as a neighborly project between two rural Pleasant Prairie households has turned into one of the village’s most talked-about municipal court fights — and a test case in the statewide debate over who can keep backyard chickens.

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Randy White In Court
(Photo by Kevin Mathewson, Kenosha County Eye)

On Wednesday night, Courtney Breit and her husband, Randy White, arrived at Pleasant Prairie Municipal Court expecting to stand trial on two citations issued by the village: one for having chickens on their large rural lot, and another for allegedly doing work without a permit. Instead, Judge Dick Ginkowski halted the proceeding after discovering that Pleasant Prairie had issued a fundamentally flawed citation — so vague that he said even after 45 years practicing law, he “couldn’t tell” what the couple was actually accused of violating.

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Breit/White Family Chicken Coup
(Cell Phone Photo by Kevin Mathewson, Kenosha County Eye)

The couple has lived at their 116th Street property for about five years, keeping a small flock of backyard chickens in a hand-built coop that was constructed with active help from the very neighbor who later reported them. When Kenosha County Eye visited their home on Wednesday, the family showed off the well-maintained enclosure, the healthy birds inside, and the rural setting they say makes the village’s absolute prohibition seem unreasonable.

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Breit/White Family Chicken Coup
(Cell Phone Photo by Kevin Mathewson, Kenosha County Eye)

“We have plenty of land. The chickens are quiet, clean, and loved,” Breit told KCE earlier in the day. “It feels un-American to be told we can’t have them.”

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Their five children help care for the hens daily. The coop, large and meticulously built, was originally a shared project: the neighbor — who later filed the complaint — gave the couple chicken equipment, lent tools, and even insisted on drilling enclosure posts himself because he joked Randy “wasn’t digging the holes right.” For years, the neighbor encouraged the backyard flock.

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Five years later, that same neighbor and his wife were the only two in the courtroom opposing the chickens. Everyone else in the gallery — far more than a typical night-court session — had come to support the family. Several surrounding neighbors told KCE earlier this week they like the chickens, have never had issues, and consider the dust-up unnecessary.

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Village Issued Its Statement Before the Hearing

Hours before court convened, the Village of Pleasant Prairie provided a written statement to Kenosha County Eye, emphasizing that chickens are only allowed on agriculturally zoned parcels and citing “noise, odors, pests, and waste management” as reasons for maintaining the rule. The village also said it had no current plans to change its ordinance and referenced Assembly Bill 42, the statewide proposal that could eventually require municipalities to allow backyard chickens.

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“The existing ordinance remains in effect,” the statement read.

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The position aligns with earlier reporting on the statewide conflict, a debate highlighted by other press outlets covering the case. Those stories have noted that many Kenosha County communities — including Kenosha, Bristol, and towns further west — already allow backyard chickens, creating a patchwork of rules that residents find confusing.

Judge Richard “Dick” Ginkowski in Court Wednesday Night
(Photo by Kevin Mathewson, Kenosha County Eye)

Judge Calls Out “Lack of Notice,” Says Citation Is Unfit for Trial

Inside the courtroom, Judge Ginkowski spent more than 20 minutes explaining serious legal defects in the village’s charging documents. The citation, he said, listed only a broad section number — Pleasant Prairie ordinance 420-39A — a section containing at least seven different possible violations, each requiring different facts to prove.

“You are required to receive proper notice,” the judge said, noting that Wisconsin law mandates citations clearly state what conduct is prohibited. He added that he himself couldn’t determine the alleged misconduct because the document lacked any “description of the violation in language that can be readily understood.”

The work-without-a-permit citation also drew questions after Mrs. Breit told the court that a village inspector previously informed her the coop did not require a permit and that the citation “should have been dismissed,” though it never was.

Village Prosecutor Donald Mayhew In Court Wednesday Night
(Photo by Kevin Mathewson, Kenosha County Eye)

Prosecutor Pushes for Immediate Trial

Village prosecutor Donald Mayhew insisted the couple “knew exactly what they were being charged with” and urged the court to start the trial immediately.

Judge Ginkowski rejected that request, stating it would deprive the defendants of proper notice and impair their ability to prepare a defense.

“It would not be justice,” he said.

He allowed the village to refile amended citations and instructed them to correct all defects before the next appearance.

Court Sets New Timeline

The judge granted the village until December 31 to issue amended citations. A potential January initial appearance was discussed, with a tentative trial date in March. The couple informed the court of scheduling conflicts, and Judge Ginkowski indicated he was willing to adjust dates accordingly.

The gallery — filled mostly with supporters — appeared disappointed that the hearing would not proceed, but several said afterward that the judge’s thorough review of the defective citation gave them confidence in the fairness of the process.

Courtney/Breit Family Chickens
(Photo by Kevin Mathewson, Kenosha County Eye)

A Rural Family Caught in a Regulatory Gap

For Breit and White, the issue is bigger than two citations.

They argue that rural homeowners with large, well-spaced lots should not be treated the same as dense residential subdivisions. Their land is more than large enough to support chickens, they say, and their birds are cleaner and quieter than many dogs in the area.

“It doesn’t make sense that other parts of Kenosha County can do this, but not here,” Breit said. “We moved here for space and for family — not to fight our neighbors or our government.”

The couple says they will continue caring for their flock while they wait for Pleasant Prairie to reissue the citations and for the matter to return to court in the spring.

For now, at least, the chickens stay.

Courtney/Breit Family Chicken
(Photo by Kevin Mathewson, Kenosha County Eye)
Courtney/Breit Family Chickens
(Photo by Kevin Mathewson, Kenosha County Eye)

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  1. Government intrusion at its finest. What’s the point of living in the so called “county”? Pleasant Prairie is trying too hard to become a northern Illinois suburb catering to the Karens of the world. If people on 116th street can’t raise chickens for personal use, they might as well live downtown Kenosha.

    42
    1
    1. But if they lived in Downtown Kenosha this would be moot as they could have up to 4 as long as they have 16 square feet per chicken!! (And a backyard)

      14
      1. That’s the “boss babe” mentality, women are so tough and independent now they don’t need a man’s last name (just the man and all the work he does, apparently 🤣)

        5
        7
      2. My Aunt went from being a Fischer to being a Clodfelter. If I were her I’d have stayed w Fischer. Uncle Stanley was a great guy but come on.

    1. I’ll bet he’s a dog owner or got a new dog and didn’t like having to control his dog more? or something along those lines, idk

  2. This is just plain ridiculous, im familiar with the area.
    Pleasant Prairie is full of a bunch of stuff shirt snobs on their board,,, Obviously this family isn’t a part of the PP click,
    Leave these people alone. As noted, its not like they own a few loud barking dogs that crap bricks all over the place.

    20
  3. Now is the time for the citizens of the U.S to take over control of government positions occupied by the Karen’s and 1%ers to end this bull!!!!!

    14
  4. These local governments are out of control. If these birds are being used as pets and for harvesting eggs for consumption, the Village needs to change their ordinance or go find a real issue to apply citations to. All these local governments want to build-build, so we forget how to take care of our selfs through farming our own properties. Think of the education and self reliance they are teaching their children.
    This is no different than these Conditional Use Permits these lunatic small Villages impose, it’s about control and power. People should group together and file suits against these over controlling governments. Vote these SOB out of office and find some freedom loving board members, Enough! This isn’t just PP, Bristol and Salem Lakes do the same. Judge these board members on actions not if they say they are an R or D. Action mean something, words are political BS.

    23
  5. This isn’t about farming your own food (i.e. eggs). The four chickens are not “self supporting”. As long as the roof is screened from hawks and the coyotes can’t knock down the sides, and there’s no roosters, Chickens are harmless and should be allowed in low density areas, with a maximum of six or eight chickens and no roosters. Our village is hell bent on building a Chicago west suburban style downtown and building multi-unit housing. (See Roosevelt Road, North Avenue< and Ogden Avenue). Our village is supposed to be a "Pleasant Prairie". Hassling these people is chicken s—
    s

    15
  6. The complaining Neighbor, must have some influence at Pleasant Prairie. A family with their children, caring for some chickens, What a wonderful learning experience for the whole family! I live in Pleasant Prairie, and there’s a neighbor who has not cut his grass all year. I’ve tried calling complain, but I just get the runaround. You need to call this person, you need to to call this person. I never get the same answer twice. The grass still 5 feet tall. Mice, bugs, critters of all kinds! Its all who you know! Pleasant Prairie isn’t so pleasant anymore. What a shame!

    15
  7. Another PERFECT EXAMPLE of village employees not knowing their jobs and or the ordinances they are in power to enforce.

    One “employee” says No Permit Needed. Then another says the opposite.

    Sure these low level workers are just doing as told but that then leads us to who’s telling them what to do ?

    This goes all the way to the top Administrator not doing proper training. These workers are not at fault if you agree they are not trained.
    When I get or see this level of incompetence I blame the bosses.
    And in this case, the bosses are Elected.
    Un elect these clowns and your problems will be solved.

    The solution isn’t at the courts.
    The solution is at the Polls.
    Stand up and run against this incompetence

    10
    1. Very important to take notes of anyone you communicate with in The Village of Pleasant Prairie. Keep all communication in writing or recorded. Be very clear and thorough what you are asking or requesting from them, but most importantly, keep records. Times, Dates, and Names. Document, Document, Document. We need to change things.

      Kevin, will you please keep us all updated on the court dates? Knowing Pleasant Prairie, they will want to cancel the court dates and make it a zoom hearing so they don’t have to face all the people opposing this ordinance. We can’t allow that to happen. We need to show up and peacefully try to get this ordinance changed.

  8. This is the crap that they waste taxpayer money on. Sounds like the neighbor is a douche that has a friend at city hall. Of all the things to worry about and they pick someone who has had a couple chickens for a while already and who requires a permit for a chicken coop?

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