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File #: 100181    Version:
Type: Resolution Status: Passed
File created: 5/25/2010 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 6/15/2010
Effective date:    
Title: Substitute resolution to approve the settlement agreement in the matter of Milwaukee Gay Arts Center, Inc. v. City of Milwaukee, et al, United States District Court for the Eastern District of Wisconsin, Case No. 08-C-0958.
Sponsors: THE CHAIR
Indexes: AGREEMENTS, SUITS PAYMENT, SUITS SETTLEMENT
Attachments: 1. Fiscal Note, 2. City Attorney's Letter, 3. Cover Letter, 4. Settlement Agreement, 5. Hearing Notice Sent
Number
100181
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to approve the settlement agreement in the matter of Milwaukee Gay Arts Center, Inc. v. City of Milwaukee, et al, United States District Court for the Eastern District of Wisconsin, Case No. 08-C-0958.
Analysis
This resolution authorizes settlement of litigation pending in the United States District Court for the Eastern District of Wisconsin entitled, Milwaukee Gay Arts Center, Inc. v. City of Milwaukee, et al, Case No. 08-C-0958, in the amount of Twenty Thousand and no/100 Dollars ($20,000) for all damages of any nature, including consequential damages, lost profits or other economic damages, punitive damages, interest, attorneys fees and costs, and any other claim for damages that could be brought concerning the subject matter of the litigation.
Body
Whereas, The Milwaukee Gay Arts Center, Inc. filed a complaint in the United States District Court for the Eastern District of Wisconsin, Case Number 08-C-0958, against the City of Milwaukee, John D. Kaltenbrun, Robert Stelter, Chester R. Ulickey, Daniel Wilcox, Rebecca Grill and Jane Jansen, alleging that its First Amendment rights to freedom of speech and expression had been violated by application of the Milwaukee Code of Ordinance 83-1; and

Whereas, The defendants deny any and all liability, and the District Court entered a decision and order finding that the Milwaukee Gay Arts Center, Inc. did not have standing to challenge the constitutionality of the ordinance on its face, but could proceed with its amended complaint to challenge the application of the ordinance to it in the past; and

Whereas, The Milwaukee Gay Arts Center, Inc. has agreed to settle all its claims for a total amount of Twenty Thousand and no/100 Dollars ($20,000), for all damages, interest, attorney fees, costs, or other claims for damages of any nature that could have been brought, as set for the in the attached proposed Settlement Agree...

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