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Judge Upholds Wedding Barn Rules

 

In mid-November, a Trempealeau County judge upheld the state’s new law that regulates wedding barns.  The law will now take full effect, as originally scheduled, on January 1, 2026.

 

Judge Rian Radtke made a commonsense ruling, noting that the state has taken steps to protect public health with other establishments that serve alcohol and has a rational interest in extending those safeguards to wedding barns.

 

The suit was brought by the Wisconsin Institute for Law and Liberty (WILL) on behalf of two wedding barns, and they could appeal the judge’s ruling.  Their chances of success would seem to be very low.

 

Wedding barn proponents have also made significant efforts to push a bill in the legislature that would basically repeal the regulations.  They argue that the law has “unintended consequences.”  But the legislature knew what it was doing when it passed the law and the Governor knew when he signed the bill as well.  This effort by wedding barn owners also has had little success so far, and its chances of passing are remote.

 

It was never realistic that one type of business where alcohol is served could permanently circumvent restrictions faced by nearly everyone else in the alcohol beverage industry.  The industry has been heavily regulated in Wisconsin and throughout the nation since prohibition and it was only a matter of time before those in the wedding barn industry that chose to serve alcohol were made subject to those laws as well.

 

Rather than push dead end pursuits like frivolous lawsuits or trying to get the legislature to carve out an exception just for them, we have urged the wedding barn industry to focus on the avenues available to them under the law which is about to take effect.  It’s still not too late.

 

Wedding barn owners still have options.  One option is to get a Class B license from their municipality or transfer one if available from another municipality in the same county.   A second option is to obtain a No Sale Event Venue Permit, which would allow beer and wine to be served for up to six days per year.  A third option would allow existing wedding barns to obtain an Above-Quota Class B License.

 

Among the requirements for an Above-Quota Class B License would be that the wedding barn be an existing, established business, having already had five events and brought in $20,000 in the last year.  The municipality must have already reached its Class B quota, and a notice of application must be submitted to the state within 60 days after the law takes effect on January 1, 2026.  If this and other requirements are met, a license may be issued and the business can continue operations.  Informing business owners of these reasonable options  would have seemed a better avenue for the wedding barn industry to pursue than frivolous lawsuits or legislation to repeal the law, which isn’t going anywhere.

 

Despite the lawsuit distraction, many wedding barn owners are now focused on complying with the law and seeking a Class B.  The state Division of Alcohol Beverages (DAB) is answering questions about the Above-Quota Class B licenses and will be processing applications.  Applications must be submitted by June 30, 2026, and the DAB has until August 1, 2026, to issue any Above-Quota Class B licenses.  After that date, no more of these licenses will be issued.

 

Those who choose to enter the on-premise alcohol industry do so knowing the costs in time, training and money required to adhere to regulations designed to promote the safe and responsible consumption of alcohol.  The wedding barn industry had been a glaring exception.

 

The legislature recognized that a separate and expanding class of largely unregulated commercial establishments, allowed to largely ignore restrictions to which the rest of the alcohol industry had to comply, was both unfair and a threat to public safety.  So, they passed a law that leveled the playing field.  It also protected public safety by applying alcohol regulations to wedding barns that serve alcohol.  It was both the legislature’s right and their responsibility.  Judge Radtke is to be commended for upholding the law.

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