Pleasant Prairie Residency Restrictions Suit

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN

MILWAUKEE DIVISION
FRANKLYN HOFFMAN, STEPHEN HART, )

JAMES NORGAARD, KENNETH, )
DIRKSON, MICHAEL OCONNELL, )
ALTON ANTRIM, WILLIAM JOHNSON, )
ERIC SANDERS, and JOHNNY WOOTEN, )
) No. 2:16 CV 697
Plaintiffs, )
)
v. )
)
THE VILLAGE OF PLEASANT PRAIRIE, ) Judge J.P. Stadtmueller
WISCONSIN, )
)
Defendant. ) JURY DEMAND
SECOND AMENDED COMPLAINT FOR CIVIL RIGHTS VIOLATIONS,

DECLARATORY JUDGMENT AND OTHER INJUNCTIVE RELIEF
Plaintiffs Franklyn Hoffman, Stephen Hart, James Norgaard, Kenneth
Dirkson, Michael OConnell, Alton Antrim, William Johnson, Eric Sanders and
Johnny Wooten, individually, by their undersigned attorneys, complain against the
Defendant Village of Pleasant Prairie, Wisconsin, as follows:
Nature of the Case
1. This is an action pursuant to 42 U.S.C. 1983 and 28 U.S.C. 2201
challenging the constitutionality of certain provisions of Section 287 of the
Municipal Code of the Village of Pleasant Prairie, Wisconsin, adopted April 18, 2016,
(the Ordinance). A copy of the Ordinance is attached hereto as Exhibit A. In
particular, Plaintiffs challenge the restrictions set forth in 287-3 and 287-5 of the
Municipal Code, which prohibit Designated Offenders, as defined in 287-2 of the
Case 2:16-cv-00697-JPS Filed 08/17/16 Page 1 of 26 Document 30

Ordinance, from residing in certain locations within the Village of Pleasant Prairie.
Plaintiffs contend that these restrictions violate the Ex Post Facto Clause and the
Fourteenth Amendment of the United States Constitution.
In particular, Plaintiffs challenge the following four sections of the
Ordinance:
(1) 287-3(A)(1) of the Ordinance: This provision prohibits Designated

Offenders, as defined in 287-2 of the Ordinance, from establishing a
Permanent or Temporary Residence within Three Thousand feet
(3,000') of a Prohibited Location.1
(2) 287-3(A)(2) of the Ordinance: This provision prohibits Designated

Permanent or Temporary Residence within Five Hundred feet (500')
of an existing Permanent Residence or Temporary Residence of
another Designated Offender;
(3) 287-3(B)(2) of the Ordinance: This provision prohibits Designated

Permanent or Temporary Residence within the Village unless the
Designated Offender was legally domiciled in the Village at the time of
the offense resulting in the persons most recent conviction for
committing the sexually violent offense and/or crime; and

1 For purposes of clarification, Plaintiffs note that the terms Permanent Residence,
Permanent Residence is defined as A place where the Designated Offender lodges

or resides for 14 or more consecutive days;
Temporary Residence is defined as (a) A place where the person abides, lodges or
resides for a period of 14 or more days in the aggregated during any calendar year
and which is not the persons permanent address; and (b) A place where the
person routinely abides, lodges or resides for a period of four or more consecutive or
nonconsecutive days in any month and which is not the persons Permanent
Residence; and
Prohibited Locations are defined as Any school, licensed day-care center, park,
trail, playground, place of worship, athletic field used by Minors, or any other
placed designated by the Village as a place where Minors are known to congregate.

(4) 287-5(A) of the Ordinance: This provision prohibits any property
owner from renewing a leasehold interest in any property for a
Designated Offender within a prohibited zone for a period beyond six
months from the effective date of the Ordinance.
Plaintiffs seek temporary and permanent injunctive relief, as well as
declaratory relief, on the grounds that these three sections are, in combination and
individually, unconstitutional on their face and as applied. Plaintiffs also seek
nominal and compensatory damages for the injuries associated with the deprivation
of their constitutional rights.
Jurisdiction and Venue
2. Jurisdiction is proper in this court pursuant to 28 U.S.C. 1331
because this action arises under federal law. Specifically, this case arises under 42
U.S.C. 1983 and alleges violations of the Ex Post Facto Clause and Plaintiffs
rights under the Fourteenth Amendment to the United States Constitution.
3. Venue is proper in this district pursuant to 28 U.S.C. 1391(b), as a
substantial part of the events giving rise to Plaintiffs claims occurred in the
Eastern District of Wisconsin.
4. Declaratory relief is authorized under 28 U.S.C. 2201. A declaration
of law is necessary and appropriate to determine the respective rights and duties of
parties to this action.
The Parties
5. Plaintiff Franklyn Hoffman is a 37-year-old resident of Pleasant
Prairie, Wisconsin. He has resided in Pleasant Prairie since 2011. Hoffman is a
Designated Offender under the Ordinance.

6. Plaintiff Stephen Hart is 55-years old. He is currently a detainee in the
Kenosha County Detention Center. From 2013 to June 2016, he resided in Pleasant
Prairie and plans to return to Pleasant Prairie upon his release. Hart is a
7. Plaintiff James Norgaard is a 53-year old resident of Pleasant Prairie,
Wisconsin. He has lived in Pleasant Prairie since 2007. Norgaard is a Designated
Offender under the Ordinance.
8. Plaintiff Kenneth Dirkson is a 68-year-old resident of Pleasant Prairie,
Wisconsin. He has lived in Pleasant Prairie since early 2015. Dirkson is a
9. Plaintiff Michael OConnell is a 28-year-old resident of Pleasant
Prairie, Wisconsin. He has lived in Pleasant Prairie since 2012. OConnell is a
10. Plaintiff Alton Antrim is a 60-year-old resident of Pleasant Prairie,
Wisconsin. He has lived in Pleasant Prairie since 2013. Antrim is a Designated
11. Plaintiff William Johnson is a 49-year-old resident of Pleasant Prairie,
Wisconsin. He has lived in Pleasant Prairie since 2014. Johnson is a Designated
12. Plaintiff Eric Sanders is a 45-year-old resident of Pleasant Prairie,
Wisconsin. He has lived in Pleasant Prairie since 2011. Sanders is a Designated

13. Plaintiff Johnny Wooten is a 63-year-old resident of Pleasant Prairie,
Wisconsin. He has lived in Pleasant Prairie since February 2016. Wooten is a
14. The Village of Pleasant Prairie is a municipal corporation located in
Kenosha County, Wisconsin. Defendant is governed by an elected Board of Trustees,
which, among other things, is empowered to enact ordinances under its home rule
authority.
The Particular Provisions of the Law

at Issue in this Lawsuit
15. Each of the four challenged provisions of the Ordinance 287-3(A)(1),
287-3(A)(2), 287-3(B)(2), and 287-5(A) violates the Ex Post Facto Clause of the
U.S. Constitution, either individually or in combination; and 287-3(B)(2) of the
Ordinance, which prohibits Designated Offenders from establishing a Permanent or
Temporary Residence within the Village unless the Designated Offender was
legally domiciled in the Village at the time of the offense resulting in the persons
most recent conviction for committing the sexually violent offense and/or crime
violates the Equal Protection Clause of the Fourteenth Amendment of the U.S.
Constitution.
Factual Allegations
FRANKLYN HOFFMAN
16. Franklyn Hoffman is a 37-year-old resident of Pleasant Prairie who
pled guilty in 2001 to one count of Second-Degree sexual assault of a minor (Wisc.
Stats. 948.02(2)). As a result of his conviction, he is a Designated Offender under

the Ordinance.
17. Hoffman was sentenced to 30 months in prison. He was released from
Prison on July 3, 2003. Hoffman is not currently under any legal supervision.
18. Hoffman has lived in Pleasant Prairie since 2011. He is not a renter;
instead, he lives with his mother in her home rent free due to her good graces.
Pursuant to the terms of the new Ordinance, Hoffman can remain indefinitely in his
mothers house as long as she allows him live there.
19. Hoffmans mother desires to sell her house, but she feels she cannot do
so because, if she did, it would mean that Hoffman could not continue to live in
Pleasant Prairie.
20. Because Hoffman did not commit his 2001 offense when he was legally
domiciled in Pleasant Prairie, he is prohibited from establishing a new residence
anywhere in Pleasant Prairie under 287-3(B)(2). Section 287-3(B)(2) of the
Ordinance prohibits Designated Offenders from establishing a Permanent or
Temporary Residence within the Village unless the Designated Offender was
legally domiciled in the Village at the time of the offense resulting in the persons
most recent conviction for committing the sexually violent offense and/or crime.
21. If his mother decides to sell her home, Hoffman will be prohibited from
living anywhere in Pleasant Prairie.
STEPHEN HART
22. Stephen Hart is 55 years old. He is currently a detainee at the
Kenosha County Detention Center. Hart pled guilty in 1993 to one count of First-

Degree Sexual Assault (Wisc. Stats. 940.225(1)). Hart has been deemed a Special
Bulletin offender. As a result he is classified as a Designated Offender under the
Ordinance.
23. Hart was sentenced to 20 years in prison and 20 years probation. He
was released from prison in August 2013.
24. Hart lived in Pleasant Prairie from August 2013 to June 2016.
25. During that time period, Hart lived at the Kings Motel and paid $620
per month to live there. Hart wishes to return to Pleasant Prairie upon his release
from the Detention Center.
26. Hart worked in Pleasant Prairie as a machine operator at a factory for
IRIS USA Inc., which makes plastic storage containers. He worked there full time
for 2.5 years.
27. Because of the Ordinance, Hart will not be permitted to return to the
Kings Motel in Pleasant Prairie because, while Kings Motel is not within 3,000 feet
of any Prohibited Location (as defined in 287-3(A)(1)), he is prohibited under 287-
3(A)(2) of the Ordinance from living within 500 feet of another Designated Offender.
28. Since the passage of the Ordinance, Hart, prior to his recent arrest in
June, has been seeking to find alternative places to live throughout Kenosha
County, but he has been unable to do so.
29. Even if Hart were able to find new housing in Pleasant Prairie that is
not within 3,000 feet of a Prohibited Location, 287-3(B)(2) of the Ordinance
explicitly prohibits him from moving to new housing and setting up a residence

there. This is because Hart did not commit his 1993 offense when he was domiciled
in Pleasant Prairie.
JAMES NORGAARD
30. James Norgaard is a 53 year-old resident of Pleasant Prairie who was
convicted in 1989 of one count of First-Degree Sexual Assault of a minor (Wisc.
Stats. 940.225(1)).
31. Because of this conviction, Norgaard is deemed a Designated Offender
under the Ordinance.
32. Norgaard served six months in the county jail and five years of
probation, which he completed in December 1994. Norgaard is not currently under
any legal supervision.
33. Norgaard currently lives in Pleasant Prairie and has lived there since
December 2007. He resides at the Kings Motel.
34. Norgaard has worked as the manager and maintenance person at the
Kings Motel since August 2010.
35. Norgaard also works at a warehouse as a forklift operator four days a
week for APL Logistics in Pleasant Prairie. He has had this job for the past three
months.
36. Norgaard committed his 1989 offense when he was he legally domiciled
in Pleasant Prairie and is thus not subject to 287-3(B)(2) of the Ordinance, which
prohibits Designated Offenders from establishing a Permanent or Temporary
Residence within the Village in Pleasant Prairie unless the Designated Offender

was legally domiciled in the Village at the time of the offense resulting in the
persons most recent conviction for committing the sexually violent offense and/or
crime.
37. Despite being permitted to establish a new permanent and/or
temporary residence in Pleasant Prairie, Norgaard, if forced to move from the
Kings Motel, would not be able to find any other available housing in Pleasant
Prairie. This is because the 3,000-foot restriction imposed by 287-3(A)(1) of the
Ordinance and the 500-foot restriction imposed by 287-3(A)(2) of the Ordinance
(prohibiting Designated Offenders from living within 500 feet of one another)
effectively prohibits Designated Offenders from residing anywhere in Pleasant
Prairie.
38. Norgaard fears he will have to move out of state and lose his jobs as a
result of the Ordinance.
KENNETH DIRKSON
39. Kenneth Dirkson is a 68-year-old resident of Pleasant Prairie who pled
guilty in the early 1980s to one count of Sexual Assault in Mississippi and in 1992
to one count of First-Degree Sexual Assault in Wisconsin (Wisc. Stats. 940.225(1)).
40. Dirkson has been classified as a Special Bulletin offender and as such
is deemed a Designated Offender under the Ordinance.
41. For his 1992 offense, Dirkson was sentenced to 24 years in prison, plus
20 years probation. He was released from prison in October 2014.
42. Dirkson currently has 18 more years of probation. One of the terms of

his probation is that he is required to wear a GPS ankle monitor at all times.
43. Dirkson currently lives in Pleasant Prairie and has lived there since
early 2015. He resides at the Kings Motel and pays $620.00 per month to live there.
44. Dirkson does not work; he receives social security payments in the
amount of $814.00 per month, plus food stamps in the amount of $92 per month.
45. Dirkson is handicapped and unable to walk or stand easily, suffering
from diabetes, arthritis, heart disease and depression. He attends church on a
weekly basis.
46. Dirkson was told by the manager of the Kings Motel, as well as his
probation officer, that because of certain provisions in the Ordinance he has to move
from the motel by mid-October 2016. In particular, while the Kings Motel is located
within a safe zone for RSOs to live, 287-3(A)(2) of the Ordinance prohibits
Designated Offenders from living within 500 feet of another Designated Offender.
47. Since the passage of the Ordinance, Dirkson has been seeking to find
alternative places to live by searching through newspaper advertisements and
talking to people, including his probation officer, but he has been unable to find any
available housing in Pleasant Prairie and/or Kenosha County.
48. Dirkson fears he will be homeless and/or forced to return to prison if he
is unable to find new housing.
49. In addition, even if Dirkson were able to find new housing in Pleasant
Prairie, the Ordinance explicitly prohibits him from moving to new housing and
setting up residence in Pleasant Prairie because he was not legally domiciled in
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Pleasant Prairie at the time of his 1992 offense.
MICHAEL OCONNELL
50. Michael OConnell is a 28-year-old resident of Pleasant Prairie who
pled guilty in 2007 to one count of Possession of Child Pornography under Illinois
law (720 ILCS 5/11-20.1) (since repealed and rewritten)).
51. Because of his conviction, OConnell is deemed a Designated Offender
under the Ordinance.
52. For his 2007 offense, OConnell was sentenced to six months of
electronic monitoring/house arrest, 2.5 years of probation, and 200 hours of
community service. He completed his full sentence on June 4, 2010. OConnell is
currently under no supervision.
53. OConnell works full time as a Technical Systems Specialist at an
engineering firm. He has worked there since June 2012.
54. OConnell moved to Pleasant Prairie in June 2012 and has lived there
continuously for the past four years.
55. OConnell resides with his girlfriend at a house she owns. He does not
have a lease or rental agreement with his girlfriend. They share household expenses,
utility bills and maintenance costs. OConnells name is not on the title of the house.
56. The home where OConnell and his girlfriend live is within a
Prohibited Location as that term is defined in 287-3(A) and (B).
57. Pursuant to 287-3(D) of the Ordinance, Designated Offenders who
established a permanent or temporary residence within a Prohibited Location
11

before the effective date of the Ordinance (April 18, 2016) are exempt from the
restrictions set forth in 287-3(A) and (B).
58. OConnell established a permanent residence in the home he shares
with his girlfriend before this date. Accordingly, he is exempt from the restrictions
set forth in 287-3(A) and (B).
59. Section 287-5(A) of the Ordinance prohibits a property owner from
renewing a Designated Offenders lease for property in a Prohibited Location
beyond six months from the effective date of the Ordinance, notwithstanding the
exemption set forth in 287-3(D).
60. OConnells girlfriend received a letter, dated April 26, 2016, from
David Smetana, the Chief of Police of Pleasant Prairie, informing her of the passage
of the Ordinance, detailing its provision and requesting that she contact the Village
of Pleasant Prairie Chief of Police if she the believes that a party living at your
property is exempt as defined in 287-3-D-1-4, of the restrictions of Chapter 287.
61. In response, OConnells girlfriend called the Chief of Police to explain
that OConnell did not have a lease and thus is not subject to the terms of
Ordinance that prohibit property owners from renewing Designated Offenders
leases. The Chief of Police insisted that he was subject to the Ordinance and had to
move out of their shared residence by October 18, 2016.
62. In response, OConnell and his girlfriend retained the undersigned
legal counsel, who wrote a letter to the Chief of Police explaining that OConnell is
12

exempt from the Ordinance under its plain language and requesting confirmation
that the Village would not seek to apply the Ordinance to OConnell by June 3, 2016.
63. Because the Village failed to respond by that date, OConnell filed the
instant action, seeking declaratory and injunctive relief.
64. Following commencement of this lawsuit, the Village agreed not to
enforce the Ordinance against OConnell pending resolution of this matter on the
merits. However, the Village has not definitively stated that it will not seek to
enforce the Ordinance against OConnell and force him to move from his current
residence.
65. Because of the statements made by the Chief of Police and the Village,
OConnell and his girlfriend are in a state of uncertainty.
66. OConnell does not know whether he has to move out of his home or if
he will be arrested if he refuses to move. Accordingly, he is in fear that Village
officials will force him to move or will arrest him if he does not move, both of which
would violate his Fourth Amendment rights.
67. If OConnell is forced to move out of his residence, his girlfriend may
have to sell her house. This is so for two reasonsone, because she wants to
continue living with her partner; and two, because she relies on OConnell to help
with the expenses of maintaining the home. Without his partnership, she will not be
able to afford the house.
13

68. Because OConnell was not legally domiciled in Pleasant Prairie at the
time of his 2007 offense, he is prohibited from establishing a new residence in
Pleasant Prairie pursuant to 287-3(B)(2) of the Ordinance.
69. Accordingly, even if OConnell and his girlfriend were able to find new
housing in Pleasant Prairie, the Ordinance explicitly prohibits OConnell from
moving to a new location in Pleasant Prairie and setting up a permanent and/or
temporary residence.
ALTON ANTRIM
70. Alton Antrim is a 60-year-old resident of Pleasant Prairie who was
found guilty in 1990 of one count of First-Degree Sexual Assault in Wisconsin (Wisc.
Stats. 948.02(1)) and pled guilty in 1998 to one count of First-Degree Sexual Assault
also in Wisconsin (Wisc. Stats. 948.02(1)).
71. Antrim has been designated as a Special Bulletin offender and as
such is deemed a Designated Offender under the Ordinance.
72. For his 1990 offense, Antrim was sentenced to six months in jail and
six years probation.
73. For his 1998 offense, Antrim was sentenced to 20 years in prison and
five years probation.
74. Antrim was released from prison in July 2013.
75. Antrim is currently on probation, which ends October 2018.
76. Antrim currently lives in Pleasant Prairie at the Kings Motel and has
lived there since July 2013, with a few months interlude.
14

77. Antrim pays $620.00 per month to reside at the Kings Motel.
78. Antrim does not work; he receives social security payments in the
amount of $814.00 per month, plus food stamps in the amount of $91 per month.
79. Antrim is the full-time caretaker for his wife, who has polio and is
confined to a wheelchair. She lives in Kenosha City in government-subsidized low-
income housing.
80. Antrim cannot live with his wife in Kenosha City because individuals
such as Antrim who are subject to sex offender registration requirements are
prohibited from living in her subsidized housing.
81. Antrim was told in May 2016 by the manager of the Kings Motel, as
well as his by his probation officer, that the Ordinance requires him to move from
the Kings Motel by mid-October 2016. In particular, while the Kings Motel is
located within a safe zone for RSOs to live, 287-3(A)(2) of the Ordinance prohibits
Designated Offenders from living within 500 feet of another Designated Offender.
82. Since being told this, Antrim has been actively seeking to find
talking to friends who have access to the internet and housing websites, but he has
been unable to find any available housing in Pleasant Prairie and/or anywhere in
Kenosha County.
83. Antrim has also spoken to his probation officer (Cathie Garza) about
his inability to find any available alternative housing.
84. Antrim fears he will be homeless and/or forced to return to prison if he
15

85. Even if Antrim were able to find new housing in Pleasant Prairie,
which he has not been able to do, the Ordinance explicitly prohibits him from
moving to new housing and setting up residence in Pleasant Prairie because he was
not legally domiciled in Pleasant Prairie at the time he committed his offenses.
WILLIAM JOHNSON
86. William Johnson is a 49-year-old resident of Pleasant Prairie who was
found guilty in 1997 of one count of Sexual Assault against a minor in Wisconsin
(Wisc. Stats. 948.025) and pled guilty in 2010 to one count of Third-Degree Sexual
Assault in Wisconsin (Wisc. Stats. 940.225(3)).
87. Johnson has been designated as a Special Bulletin offender and as
88. For his 2010 offense, Johnson was sentenced to five years in prison and
four years of probation.
89. Johnson was released from prison in November 2014.
90. Johnson currently has two more years of probation, which will be
completed in November 2018.
91. Johnson currently lives in Pleasant Prairie at the Kings Motel and has
lived there since November 2014.
92. Johnson pays $620.00 per month to live at the Kings Motel.
93. Johnson works full time at Arvato Digital Services, a packager of flash
drives, located in Pleasant Prairie, Wisconsin, where he is employed as a machine
16

operator.
94. Johnson was told in early June by the manager of the Kings Motel, as
well as his probation officer, that because of certain provisions in the Ordinance he
has to move from the motel by mid-October 2016. In particular, while the Kings
Motel is located within a safe zone for RSOs to live, 287-3(A)(2) of the Ordinance
prohibits Designated Offenders from living within 500 feet of another Designated
Offender.
95. Since being told this, Johnson has been seeking to find alternative
places to live by scouring through newspaper advertisements and talking to people,
including his probation officer, but he has been unable to find any available housing
in Pleasant Prairie and/or throughout Kenosha County.
96. In conversation with his probation officer about his unsuccessful
efforts to find any available housing, Johnson was told by her to just keep looking
every day, which he has done, albeit unsuccessfully.
97. Johnson fears he will be homeless and/or forced to return to prison if
he is unable to find new housing.
98. Even if Johnson were able to find new housing in Pleasant Prairie, the
Ordinance explicitly prohibits him from moving to new housing and setting up
residence in Pleasant Prairie because he was not legally domiciled in Pleasant
Prairie at the time of his 2010 offense.
ERIC SANDERS
99. Eric Sanders is a 45-year-old resident of Pleasant Prairie who pled
17

guilty in 1989 to three counts of First-Degree Sexual Assault in Wisconsin (Wisc.
Stats. 940.225(1) and 948.02(1)).
100. Sanders has been classified as a Special Bulletin offender and as
101. For his 1989 offense, Sanders was sentenced to 20 years in prison and
20 years probation.
102. Sanders was released from prison in January 1999.
103. Sanders is currently on probation, which runs through March 2027.
104. Sanders currently lives at the Kings Motel in Pleasant Prairie and has
lived there since May of 2011. He pays $720.00 per month to reside at the Kings
Motel.
105. Sanders works full time on the overnight shift at Affiliated Foods in
Kenosha City, which is a distributor of food to small grocery stores. He works as a
food picker there.
106. Sanders was told in early June by the manager of the Kings Motel, as
well as his probation officer, that because of the Ordinance, he has to move from the
motel by mid-October 2016. In particular, while the Kings Motel is located within a
safe zone for RSOs to live, 287-3(A)(2) of the Ordinance prohibits Designated
Offenders from living within 500 feet of another Designated Offender.
107. Since being told this, Sanders has been seeking to find alternative
places to live by searching through newspaper advertisements; driving throughout
Kenosha County to look for available housing; and talking to people. But thus far he
18

has been unable to find any available housing in Pleasant Prairie and/or anywhere
else in Kenosha County.
108. In addition, Sanders has on several occasions spoken to his probation
officer (Mark Kautzmann) about his inability to find alternative housing. His
probation officer has told him, Dont give up looking. Stay positive. His probation
officer has even made suggestions to Sanders of places for him to look and people to
call, but thus far to no avail.
109. Sanders fears he will be homeless and/or forced to return to prison if
he is unable to find new housing.
110. Even if Sanders were able to find new housing in Pleasant Prairie, the
JOHNNY WOOTEN
111. Johnny Wooten is a 63-year-old resident of Pleasant Prairie who was
found guilty in 1977 of one count of Second-Degree Sexual Assault in Wisconsin
(Wisc. Stats. 940.225(2)) and in 1982 to one count of First-Degree Sexual Assault in
Wisconsin (Wisc. Stats. 940.225(1)).
112. Wooten has been designated as a Special Bulletin offender and as
113. For his 1977 offense, Wooten was sentenced to six years in prison and
two years of probation.
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114. For his 1982 offense, Wooten was sentenced to 51 years in prison and
25 years of probation.
115. Wooten was released from prison in August 2007.
116. Wooten is currently on probation and will be through 2030.
117. Wooten currently lives at the Kings Motel in Pleasant Prairie and has
lived there since early 2016.
118. Wooten pays $620.00 per month to live at the Kings Motel.
119. Wooten works full time as a machine operator on the first shift from
5:00 a.m. to 3:00 p.m. at Airflow Technologies in Kenosha, Wisconsin, a
manufacturer of air vents.
120. Wooten was told in early June by the manager of the Kings Motel, as
well as his probation officer, that because of certain provisions in the Ordinance he
has to move from the motel by mid-October 2016. In particular, while the Kings
Motel is located within a safe zone for RSOs to live, 287-3(A)(2) of the Ordinance
prohibits Designated Offenders from living within 500 feet of another Designated
Offender.
121. Since the passage of the Ordinance, Wooten has been seeking to find
talking to people, including his co-workers and his probation officer, but he has been
unable to find any available housing in Pleasant Prairie and/or throughout Kenosha
County.
122. Recently, Wooten found three places he thought might be suitable
20

alternative housing in Kenosha County, and brought these three places to the
attention of his probation officer, who denied them all as unsuitable.
123. Wooten fears he will be homeless and/or forced to return to prison if he
124. Even if Wooten were able to find new housing in Pleasant Prairie, the
Allegations Common to All Plaintiffs
125. Each of the Plaintiffs in this case is harmed by the Ordinances broad
restrictions on where Designated Offenders can live because the effect of the
Ordinances geographic restrictions is to close off over 95 percent of Pleasant Prairie
to Designated Offenders.
126. Practically speaking, the effect of the Ordinances broad restrictions is
even more severe because Designated Offenders are rarely candidates to buy or rent
single family homes, and, if they are to find housing, it is most likely to be in
apartments or low-cost residential hotels.
127. Each of the Plaintiffs who presently rents housing in Pleasant Prairie
and is subject to the restrictions imposed by 287-3(B)(2) because they were not
legally domiciled in Pleasant Prairie at the time they committed their offenses is
harmed by the Ordinance because they are banished from establishing a new
residence in the entire geographic area of Pleasant Prairie, which constitutes
21

punishment in violation of the Ex Post Facto Clause.
128. Each of the Plaintiffs who lives in Pleasant Prairie but does not rent
housing in Pleasant Prairie and who is subject to 287-3(B)(2) because they were
not legally domiciled in Pleasant Prairie at the time they committed their offenses
is harmed by the Ordinance because they are in effect confined to their current
addresses and cannot move anywhere else in Pleasant Prairie, which violates the
Ex Post Facto Clause.
129. Each of the Plaintiffs who presently rents housing in Pleasant Prairie
and was legally domiciled in Pleasant Prairie at the time they committed their
offenses is harmed by the Ordinance because over 95 percent of Pleasant Prairie is
off limits to Designated Offenders, which constitutes banishment in violation of the
Ex Post Facto Clause.
COUNT I
VIOLATION OF THE EX POST FACTO CLAUSE
(Monell Express Policy Claim For Declaratory and Injunctive Relief and
Money Damages on Behalf of All Plaintiffs)
130. Plaintiffs reallege and reincorporate, as though fully set forth herein,
each and every allegation above.
131. The Ordinance violates the Ex Post Facto Clause of the U.S.
Constitution, Art. I, 10, cl. 1, because it makes more burdensome the punishment
imposed for offenses committed prior to enactment of the Ordinance and it applies
retroactivelythat is, it applies to all individuals deemed Designated Offenders
who committed their offenses before enactment of the Ordinance.
WHEREFORE, Plaintiffs respectfully request that this Court:
22

(a) issue a preliminary and then permanent injunction prohibiting
retroactive enforcement of the Ordinance;
(b) issue a declaratory judgment that states that retroactive application of

the Ordinance violates the prohibition in the United States
Constitution against ex post facto laws;
(c) award Plaintiffs nominal and/or compensatory damages;
(d) enter judgment for reasonable attorneys fees and costs incurred in
bringing this action; and
(e) grant Plaintiffs any other relief the Court deems appropriate.
COUNT II
42 U.S.C. 1983: FOURTEENTH AMENDMENT
EQUAL PROTECTION
(Monell Express Policy Claim For Declaratory and Injunctive Relief and
Money Damages on Behalf of All Plaintiffs)
132. Plaintiffs reallege and reincorporate, as though fully set forth herein,
each and every allegation above.
133. The Equal Protection Clause of the Fourteenth Amendment commands
that no State shall deny to any person within its jurisdiction the equal protection of
the laws, which the Supreme Court has explained means that all persons
similarly situated should be treated alike unless the difference in treatment is
rationally related to a legitimate state interest.
134. Section 287-3(B)(2) of the Ordinance prohibits Designated Offenders
from establishing a Permanent or Temporary Residence in Pleasant Prairie unless
the Designated Offender was legally domiciled in the Village at the time of the
offense resulting in the persons most recent conviction for committing the sexually
violent offense and/or crime.
23

135. The difference in treatment between Designated Offenders who were
domiciled in Pleasant Prairie at the time of their offense and Designated Offenders
who were not domiciled in Pleasant Prairie at the time of their offense is not
rationally related to a legitimate state interest and thus fails rational basis review.
WHEREFORE, Plaintiffs respectfully request that this Court:
(a) issue a preliminary and then permanent injunction prohibiting

enforcement of 287-3(B)(2) of the Ordinance;
(b) issue a declaratory judgment that 287-3(B)(2) of the Ordinance is

unconstitutional both on its face and as applied to Plaintiffs;
(c) award Plaintiffs nominal and/or compensatory damages;
(e) grant Plaintiffs any other relief the Court deems appropriate.
COUNT III
28 U.S.C. 2201(A): DECLARATORY JUDGMENT
(On Behalf of Michael OConnell)
136. Plaintiff Michael OConnell realleges and reincorporates, as though
fully set forth herein, each and every allegation above.
137. An actual and substantial controversy exists between Plaintiff
OConnell and Defendant Village of Pleasant Prairie as to their respective legal
rights and duties. Defendant Village of Pleasant Prairie has threatened to enforce
the Ordinance against OConnell, putting him in fear of having to vacate his home
or face arrest and prosecution. OConnell contends that he is exempt from the
restrictions set forth in the Ordinance and that enforcement of the Ordinance
24

against him would violate his rights under the Fourth and Fourteenth Amendments
of the United States Constitution. Accordingly, declaratory relief pursuant to 28
U.S.C. 2201 is appropriate.
138. If the Village applies the Ordinance to OConnell, he will be forced to
find new housing and live apart from his girlfriend for the first time since 2012. In
the alternative, OConnells girlfriend may have to sell her house so that the two of
them can live together elsewhere.
WHEREFORE, Plaintiff OConnell respectfully requests that this Court:
(a) issue a declaratory judgment pursuant to 28 U.S.C. 22012202 that

Michael OConnell is exempt from the restrictions set forth in 287-
3(A) and (B) of the Ordinance if he remains in his current permanent
residence pursuant to 287-3(D) of the Ordinance;
(b) issue a permanent injunction prohibiting enforcement of the

restrictions set forth in 287-3(A) and (B) of the Ordinance against
Michael OConnell for as long as he remains in his current permanent
residence;
(c) award OConnell nominal and/or compensatory damages;
(e) grant Plaintiff any other relief the Court deems appropriate.
Plaintiffs demand trial by jury.
25

Respectfully submitted,
/s/ Mark G. Weinberg
/s/ Adele D. Nicholas

Counsel for Plaintiff
Mark G. Weinberg
3612 N. Tripp Avenue
Chicago, Illinois 60641
(773) 283-3913
Adele D. Nicholas
5707 W. Goodman Street
Chicago, Illinois 60630
(847) 361-3869
26

I
ORDINANCE NO.16.10
ORDINA}'ICE TO REPEAL AI{D RECBEATE

CEAPTER 287 Otr' THE MUMCIPAL CODE
OB TEE YILLAGE OF PI,DASANT PRAIRIE,
KENOSEA COIINTY, WTSCONSTN
REITITING TO SEX OffEI\{DERfl
BE IT ORDAINDD AND ESTABLISIIED by the Board of Trustees of the Village of

Munioipal Code is rpeated
Pleasant Prairiq Kenosha County, Wisconsin that Section 287 of the
andreoreated to read as follows:
Article f. Residency and Activity Restrictions
$287-1. Purpose.
A. It is the purpose of this chapter not to impose a criminal penalty but rather to servioe the Village
of Pleasant Prairie's compelling interest to promoto, protect snd imFrove the health, safety aod
welfare of the citizens of the Village of Pleasant Prairie by oreating areas around locatiors uibere
childreu regularly cougregate in concenffied number wherein certaiu sexual offeodcrs and sexral
predators are prohibited from sstabtishirg ternporary or permanent rcsidency.
B. Repeat senral ofenders, sernral offenders who use pbysical violence and sennral offonders who
prey m chil&en are senral predators who present an exbcme threat to the publio safetr Sexual
offenders are exhemely likely to use physical violence and to repeat ttreir offenses, and most sexual
offenders commit many offenses, have matry more victims that are never reported, and are
prosecuted for only a &action of their orimes. This makes the cost of sexual offender vistimization
to society at large while incalculablg cleuly exorbitant.
S2S7-2. Definitions.
Inthis ohapter, the following words shall have the following mernings:
CEILI)
A person under the age of 16 years, for purposes ofthis chapter.
DDSTGNATED OTT'ENDER
Any person who is required to register under $301.45, 'Wis. Stats., for any sexual offense
against a child or any person who is required to register under $301.45, Wis. Stats., and uiho has
been designated a special bullctin (SBD sex offenderpursuant to $301.46(2) and (2m), Wis. Stats.
MINOR
A person urder the age of 18 years.
PERMANENT NESIDENCE
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Aplaoe where the Designated Offender lodges or resides for 14 or more consecutive days.
PROEIBITEI} AcTTVITY
Participation in a holiday event involviag Minors. Holiday events in which the Designated
Offeuder is the parent or guardlan of the Minors involved, aud no non-familial Minors are pleseng
are orempt tofo Ae definition of Prohibited Activity. A Designatcd Offender participates in a
Prohibitel Activity by taking part in &e event which sball inoludo, without limitation, distributing
candy or other items to children on Hallowee& wearing a Santa Ctause oostume ou or preceding
Cbrishas, or weadng an Easter Bunny oostume on or preceding Easter.
PROHIBITED LOCATION
school, Iicensed day-care.center, park, tail, playground" place of worship, atbletic fields
Any-Minors,
used by or atry other place designated by the Village as a place where Mioors ae known
to congregate.
SAT'ETY ZONE
A Safety Zone is any real property that supports or upon whiob thera exists any facility used
fororthatsupports ascLoolfoiMinors, apublicprt aparkfacility, atrail or any otherhohibitcd
Location, inchrding any sidewalks or lawn adjacentto suchProhibited Location.
TEMPORARY RDSIDENCE
Either:
.d Aplace where the percon abides, lodges or resides for aperiod of 14 or more days in
the aggregate during any calendar year and raihich is notthe persotr's pemaaent
addrass; or
B. A place where tho person routinely abides, lodges or resides for a period of four or
more conseoutive or noncousecutive days in any month and whioh is not tho person's
Permanett Residence.
VILLAGE
The Village of Pleasant Prairie, Wisconsin
$ 287-3, Sexual 0ffender and Sexual Predator Residence Prohibitions;

Exceptious.
A. Prohibited Locatioa of Residence. It shatl bs unlawful for any Designated Offender to eshblish
a Pernanent Residence or Temporary Residence:
'Within
l. firree Thousancl feet (3,000') of a Prohibited Location.
2. Within Five Hundred feet (500') of an existing Permanent Residence or Temporary

. Residence of another Designated Offender.
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B. Orieinal Domicile Restri.ctioU. It shall be unlaurfrrl for any Designated Offender to establish a
Permanent Residence or Temporary Resideacc within the Village unless the Designated Offender
was legally domiciled in the Village at the time of the offense resulting ia the person's Eost recent
conviction for committing the senrally violent offense and/or crime.
C. Determination of minimum distance separatiqn. For pu4toses of determining ffus mi4irnum

distance separation under this chapter, the requirement shall be measured by following a staigfut
line fiom the outer properry line of the Permanent Residencc or Temporary Residence of a
Designated Offender to the aearest outer property liae of a Prohibited Location If any portion of
a tax parcel contains a Prohibited Location, the entire tax parcel shall be considered a Prohibited
Location If anyportion of ata:rparcclwould constihrte aProhibited Location ofResiilence r:nder
Seotion 287-3fu,tbe entire ta:< parcel shall be oonsidered a Prohibited Location of Residence.
D. Exceptscms. A Designated Offeader residing within a Prohibited Location of a Resideace as

desoribed in g 28?-3A and 38 shall not be in violation ofthis chapter if any of the following apply:
(l) Subject to g 287-54 below, The Designated Offender established the Pemanent
Rcsidence or Temporary Residence and reported and registered the residence
pursuant to $301.45, Wis. Stats., before &e effective date of this chapter, and the
Desiguated Offeader has resided in such Permanent Residence or Temporary
Residence continuously since the effeotive date ofthis chapter, exccptfortemporary
abseuces of no more thaa thirty (30) conseoutive days.
(2) The Designated Offender is a Minor and is not required to register under $$ 301.45
and 301.46, Wis. Stats.
(3) The Prohibited Location sihrated witbh 3,000 feet of the persou's Permaneot
Residence was opened or established after the Desigpated Offender established the
Permanent ResidancE and reported aod registered the residence pursuant to $301.45,
'. Wis. Stats.
(4) The residence is also the primary residence of the Designated Offender's pareuts,
grandparents, siblings, spouse or children, provided that such parent, graodparent
sibting, spouss or child established the residence at least two years before the
Designated Offender established residence at that location"
9281-4. Sexual Offender and Sexual Predator Prohibited Activity Restrictions.
A. Safelv Zone Prohibi{on. A Designated Offender shall not enter upon or be present upoa or
within a Safety Zone, except as set forth.below in $2874.8.
B. Exceotio.ns. A Desigoated Offeuder who enters upon or who is present upon or within a Safety
Zone does not cornnit aviolatiou of this 92874 if any of the following apply:
' 1. The property also supports a churc\ s)magogus, mosque, temple, or other bouse of
religious worship, subject to all of the following conditions:
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:
a. The Desigrated Offeader's entarce and presence upon the property ocol[s
only during hours of worship or other religiolui programs/services as posted to
thepublic; and
b. The Designated Offender shall uot participate in any religious education

progra.ms that include Minors.
2,1\eproperty also supports a we laufirlly attended by a Designated Offender's natural

ot lnildren,for which a child's use reasonably requires thrc attendance of &e
"aopea
Desigiated Offender as the ohild's paront upon the property;.subject to the following
conditiou
'a The Desigrrated Offender's enhanse andpresence upou the Foperty oocurs
only druing hours of aotivity related to the use, as posted to the publig and only
as reasonably neoessary in conuection with such activity.
3. The property also supporb a polling location itr a local, state'or federal election,
subject to all of the following coaditions:
a. The Desigpated Offender is eligible to vote;

b. The proplry is the designated pollingplace for tho Designatod Ofrender; and
c. The Designated Offender enters tho polling place property, prooeeds to cast a
ballot wittr whataver ustral and oustomary assistaooo is arrailable to any member
of the electorate, ard vacates the property immediately after the voting.
4. The property also supports a school laurfrrlly afreoded by a Designated Of[ender as a

student under whish ciroumstances tbe Desiguated Offender may enter upon &e
property zupporting the school a which the Desigpated Ofeoder is enrolled for such
purposes, and at such times, as are reasonably required for tbe educational purposes of
the school.
5. The property also supports a court, government office orroom for public goveEmental
mceti4gs, subject to all of tbe following conditions:
a The Designated Offender is on the property only to tansact business at the

governrnint office or place of business, other than a publio library, or to atteod
au official meeting of a goverumental body; and
b. The Designated Offender leaves the property irnnediately upon completion of

thc business or meeting.
C. Prohibited Activity. It is unlaurfrrl for a Designated Offender to participate in a Prohibited

Activity.
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S 287-5.Property Owners Prohibited from Renting Real Property to Certain
Offenders and Sexual Predators; Notilication Requirements.
A Propertv Owner Restrictions- It shatl be unlaurfi.rl for aay properly owur to lease 91-rent any
pta""Sctrr*, r"oUite t om", trailer or arry part thereof with the knowledge that it will.be used
is a Perrrancnt Residence or iemporary Residence by any pemon prohibited ftom establishing a
Permanent Residence or Temporary Residense thereir pr:rstrant to this chapter, if such pla9e,
sgrrcture, mobile bome, tailei or ar), part thereof is located withh a Prohibited Iocation of a
Residence as defined in 928?-3A. Norwi&standing the exception set forth h $ 2S7A D(1), it shall
be rmlavrfirl for a property owtrer to renew a leasehold interest established priot to the efective
date of this chapt& for a Designated Offender, whether the leasehold interest is on a month-to-
mouth basis or ior a deflnite term, for a period beyond six month fiom the effective date of this
chapter. No such leasehold interest sball affect the requirement that the e56$lishrnent of a new
Permaneot Residonce or new Temporary Residence fora Designated Offender, after the effective
date ofthis chapter, must comply with all requircments of this ohapter.
B. Noticeto Chiefof Police. ADesignated Offender, and anyproperty ownerwho leases orrqsts
any ptac., stu"ture, mobile home, bailer or any part &ereof, with the knowledge that it will be
,rsed us a Permanent Residence or Temporary R.esidenoe by auy person wbo is a Designated
Offender, must each noti& the Village foUce Chief in nvriting a minimum of nreoty+ight (28)
days prior to establishing either a Fermaneat Residence or Temporary Residence within the
Viilage. In addition, any proprrty owrer who has leased or ronted any place, strucfire, mobile
home, tailer or any part thereof as a Permanent Resideace or Temporary Residence by aoy pcrson
who is a Designatld Offender, at a$y time during a calendar year, shall report in witing to the
Village Policebhief us to the status ofthe leasing or renting by the Designated Ofender, iucluding
withow limitation, the namqs of all Designated Offendors who lease or rent any portion of zuch
place, suuctr:rq mobile home, tailer or atry part thereof as of Decerrber I of such oalendar year,
[!g rcmnining lease term r.rnder thc ourrent lease for each Desisated Offender, and if a Designated
Offender no ionger leases or rents such place, stucture, mobile home, tailer or atry patt thereo{,
the date said DE"signated Offender no longer leased or rented such place. All such informatiou shall
beprovided in writing to theVillage Police Chief on orbefore December 31 of each caleodaryear.
C. No{Sp to Property Owner. A Designated Offender shall tell any property owner tom whom
the Designated Offender inteuds to lease or retrt auy place, stucture, mobile home, tailer or any
part thereof, that the Designated Offender is a Designated Offender as defined in $287-2, prior to
entering into any lease or rental arrangement.
S 287-6. Exception for Placements under ChaptergS0 of the Wiscousin Statutes.
To the extent required by Section 980.135 of tbe Wisconsin Statutes, and notnithstanding
the foregoing provisions ofthis chapter, the Village of Pleasant Prairie may not enforce any portion
thereofthat restiots orprohibits a sex offender &om residing at a ce*ain location or &atresticG
orprohibits ape$on &om providing housing to a sex offendor against an individual who is released
uder'Wisconsin Statutes Section 980.08, or against a perron who provides housing to such
inilividual, so long as the individual is subject to supervised release under Chapter 980 ofthe
Wisconsin Statutes, the individual is residing where he or she is ordered to reside under Section
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980.08 of the Wisconsin Statutes, and the individuat is in complianco with all oourt orders issued
uader Chapter 980 ofthe Wisconsin Statutes.
fi 287 :1, Severa bilit;r.

, Should aoy section, paragpaph, sentence, clause or phrase of this chapter be declared
gnconstitutional oi iovAia f6r auy rcason, or be repeale4 it shalt not affect the validity of this
Ordinance as a v&ole, or any part thereot olher thao tbe part so declared to be invalid or repealed
$ 287-S.Iljunetion
If a Designated Offender or property ovmer viol*es any provision of this chapter the
Village may, in addition to all other rights and romedies allowed by law or this chaper, refer the
mafier to ao attomey chosen by the Village Administator to bring an action in the name of the
Village in oircuit oourt to seek a temporary reskairing order, temporary injunction or.Permanent
iqirmction against suoh Dcsignated Offender or property owner to prevent them fiom violating tle
tbims of tbii ohapter or to take any action, or prevent anyr"iction, necessary for compliance with
the terms of this ohapter.
5287-9, Penalties,
Aay person, firm or entity who violates any provisions of

'\ii cbaptcr shall, upoa
convictioa theoeof, be zubject to a forfeitue not to exceed One Thousaud Dollars ($11000.00),
together with the costs of prosecution, and in default of palm.ent thereof, sball be committed to
jail for a period not to eiceed ninety (90) days. Each viol*ion and each day such violation
-coatioue.s -sU"tt
te considered a separate offense. Neither the issuaoce of a oitation nor the
imposition of a forfeiture herermder shall preclude the Vilhge &om secking or obtaining any and
aU legel and equitable remedies available by law or this chapter.
$ 287-10. Effective Date.
This chapter, as amended and restated above, shall take effect upon its passage oa tbis 18th
day of April,2016,
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Pased ard do@ SIs l8th day of April, 2016'.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF WISCONSIN

FRANKLYN HOFFMAN, STEPHEN HART, )

SECOND AMENDED COMPLAINT FOR CIVIL RIGHTS VIOLATIONS,

Plaintiffs Franklyn Hoffman, Stephen Hart, James Norgaard, Kenneth

Johnny Wooten, individually, by their undersigned attorneys, complain against the

Defendant Village of Pleasant Prairie, Wisconsin, as follows:

Nature of the Case

1. This is an action pursuant to 42 U.S.C. 1983 and 28 U.S.C. 2201

challenging the constitutionality of certain provisions of Section 287 of the

(the Ordinance). A copy of the Ordinance is attached hereto as Exhibit A. In

Municipal Code, which prohibit Designated Offenders, as defined in 287-2 of the

Case 2:16-cv-00697-JPS Filed 08/17/16 Page 1 of 26 Document 30

Fourteenth Amendment of the United States Constitution.

In particular, Plaintiffs challenge the following four sections of the

(1) 287-3(A)(1) of the Ordinance: This provision prohibits Designated

(2) 287-3(A)(2) of the Ordinance: This provision prohibits Designated

(3) 287-3(B)(2) of the Ordinance: This provision prohibits Designated

Permanent Residence is defined as A place where the Designated Offender lodges

Case 2:16-cv-00697-JPS Filed 08/17/16 Page 2 of 26 Document 30

Plaintiffs seek temporary and permanent injunctive relief, as well as

individually, unconstitutional on their face and as applied. Plaintiffs also seek

of their constitutional rights.

Jurisdiction and Venue

2. Jurisdiction is proper in this court pursuant to 28 U.S.C. 1331

rights under the Fourteenth Amendment to the United States Constitution.

3. Venue is proper in this district pursuant to 28 U.S.C. 1391(b), as a

Eastern District of Wisconsin.

4. Declaratory relief is authorized under 28 U.S.C. 2201. A declaration

parties to this action.

5. Plaintiff Franklyn Hoffman is a 37-year-old resident of Pleasant

Prairie, Wisconsin. He has resided in Pleasant Prairie since 2011. Hoffman is a

Designated Offender under the Ordinance.

Case 2:16-cv-00697-JPS Filed 08/17/16 Page 3 of 26 Document 30

Designated Offender under the Ordinance.

7. Plaintiff James Norgaard is a 53-year old resident of Pleasant Prairie,

Wisconsin. He has lived in Pleasant Prairie since 2007. Norgaard is a Designated

Offender under the Ordinance.

8. Plaintiff Kenneth Dirkson is a 68-year-old resident of Pleasant Prairie,

Wisconsin. He has lived in Pleasant Prairie since early 2015. Dirkson is a

Designated Offender under the Ordinance.

9. Plaintiff Michael OConnell is a 28-year-old resident of Pleasant

Prairie, Wisconsin. He has lived in Pleasant Prairie since 2012. OConnell is a

Designated Offender under the Ordinance.

10. Plaintiff Alton Antrim is a 60-year-old resident of Pleasant Prairie,

Wisconsin. He has lived in Pleasant Prairie since 2013. Antrim is a Designated

Offender under the Ordinance.

11. Plaintiff William Johnson is a 49-year-old resident of Pleasant Prairie,

Wisconsin. He has lived in Pleasant Prairie since 2014. Johnson is a Designated

Offender under the Ordinance.

12. Plaintiff Eric Sanders is a 45-year-old resident of Pleasant Prairie,

Wisconsin. He has lived in Pleasant Prairie since 2011. Sanders is a Designated

Offender under the Ordinance.

Case 2:16-cv-00697-JPS Filed 08/17/16 Page 4 of 26 Document 30

Wisconsin. He has lived in Pleasant Prairie since February 2016. Wooten is a

Designated Offender under the Ordinance.

14. The Village of Pleasant Prairie is a municipal corporation located in

Kenosha County, Wisconsin. Defendant is governed by an elected Board of Trustees,

The Particular Provisions of the Law

15. Each of the four challenged provisions of the Ordinance 287-3(A)(1),

U.S. Constitution, either individually or in combination; and 287-3(B)(2) of the

Ordinance, which prohibits Designated Offenders from establishing a Permanent or

16. Franklyn Hoffman is a 37-year-old resident of Pleasant Prairie who

Stats. 948.02(2)). As a result of his conviction, he is a Designated Offender under