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Home > City of Sheboygan v. Reisinger

City of Sheboygan v. Reisinger [1]

Submitted by DMLP Staff on Wed, 12/05/2007 - 21:50

Summary

Threat Type: 

Correspondence

Date: 

10/19/2007

Status: 

Concluded

Disposition: 

Withdrawn

Location: 

Wisconsin

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Other
Jennifer Reisinger operates Sheboygan Spirit, a website pertaining to the government and community of Sheboygan, Wisconsin, and Brat City Web Design, a site promoting her web development business.  Reisinger's business site contained a link to the ... read full description
Parties

Party Receiving Legal Threat: 

Jennifer Reisinger

Type of Party: 

Government

Type of Party: 

Individual

Location of Party: 

  • Wisconsin

Location of Party: 

  • Wisconsin

Legal Counsel: 

Steve McLean

Legal Counsel: 

Paul E. Bucher - Gatzke & Ruppelt SC
Description

Jennifer Reisinger operates Sheboygan Spirit [2], a website pertaining to the government and community of Sheboygan, Wisconsin, and Brat City Web Design [3], a site promoting her web development business.  Reisinger's business site contained a link to the Sheboygan Police Department [4].  On October 19, 2007, the city attorney for the City of Sheboygan sent Reisinger a cease-and-desist letter [5] requesting that she remove the link to the police department from her site. The letter said that "maintenance of this link could be construed as having been authorized or endorsed by the City and/or its Police Department."

Reisinger initially removed the link but nevertheless received a call from the Sheboygan Police, telling her they were conducting "an official police investigation relative to the linking of her Web site to the City of Sheboygan Police Department."  Reisinger then hired an attorney who advised her to put the link back up.  Her attorney sent several letters to the chief of police [6], to the mayor [7], and to the city attorney [8] stating that the city had given no legal basis for its cease-and-desist order.

On November 6, 2007, the city notified Reisinger that it had decided against taking legal action, and the mayor publicly apologized for the incident in an editorial [9] in the local newspaper.

However, the issue doesn't appear to have gone away.  On August 20, 2008, Reisinger filed a lawsuit [10] in federal court in Milwaukee against the City of Sheboygan, its mayor, police chief, and city clerk, claiming that the defendants violated her First Amendment rights.  According to her complaint [10], the city's initial demand that she remove the link to the police department and the subsequent criminal investigation were done in retaliation for her support of recalling Mayor Juan Perez.  As a result of the defendants' actions, she claims she "suffered a significant decrease in income, resulting in an estimated 53% decrease in her
personal annual income, significant emotional distress and concern for her safety."

Related Links: 

  • The Sheboygan Press: City tries to block link to police Web site [11]
  • The Sheboygan Press: City retracts "cease-and-desist" order on police department link [12]
  • The Sheboygan Press: Mayor: I should not have asked for removal of Web link (letter to the editor) [13]
  • The Sheboygan Press: Alderman rips into mayor [14]
  • Freedom Eden: City of Sheboygan Backs Down on Link Letter [15]
  • Wisconsin Sunbeam: Scandal in Sheboygan [16]
  • Milwaukee Journal Sentinel: Sheboygan women files landmark case over Web links [17]
  • BadgerBlogger.com: The Link Heard ‘Round Wisconsin — Update [18]
  • Info/Law: Again with the Linking! [19]
  • Justia Docket for Reisinger v. Perez [20]
Details

Web Site(s) Involved: 

Sheboygan Spirit [2]

Brat City Web Design [3]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Linking
Court Information & Documents

Jurisdiction: 

  • Wisconsin

Court Name: 

United States District Court for the Eastern District of Wisconsin (Milwaukee)

Court Type: 

Federal

Case Number: 

2:08-cv-00708-CNC

Relevant Documents: 

PDF icon reisinger response.pdf [21]
PDF icon Sheboygan Cease Letter.pdf [22]
PDF icon reisinger response mayor.pdf [23]
PDF icon reisinger response city attorney.pdf [24]
PDF icon 2008-08-20-Reisinger Complaint.pdf [25]
CMLP Information (Private)

Threat Source: 

Listserv

CMLP Notes: 

Via BNA Internet Law News

DMLP Logo


Source URL (modified on 08/20/2014 - 11:04pm): https://www.dmlp.org/threats/city-sheboygan-v-reisinger

Links
[1] https://www.dmlp.org/threats/city-sheboygan-v-reisinger
[2] http://www.sheboyganspirit.com/
[3] http://www.bratcitywebdesign.com/
[4] http://www.sheboyganpolice.com/main.html
[5] https://www.dmlp.org/sites/citmedialaw.org/files/Sheboygan%20Cease%20Letter.pdf
[6] https://www.dmlp.org/sites/citmedialaw.org/files/reisinger%20response.pdf
[7] https://www.dmlp.org/sites/citmedialaw.org/files/reisinger%20response%20mayor.pdf
[8] https://www.dmlp.org/sites/citmedialaw.org/files/reisinger%20response%20city%20attorney.pdf
[9] http://www.sheboygan-press.com/apps/pbcs.dll/article?AID=/20071109/SHE0601/711090473/1883
[10] https://www.dmlp.org/sites/citmedialaw.org/files/2008-08-20-Reisinger%20Complaint.pdf
[11] http://www.sheboygan-press.com/apps/pbcs.dll/article?AID=/20071103/SHE0101/711030513/1973
[12] http://www.sheboygan-press.com/apps/pbcs.dll/article?AID=/20071108/SHE0101/711080594/1973
[13] http://sheboygan-press.com/apps/pbcs.dll/article?AID=/20071109/SHE0601/711090473/1111/SHEopinion
[14] http://www.sheboygan-press.com/apps/pbcs.dll/article?AID=/20071108/SHE0101/711080600/1973
[15] http://freedomeden.blogspot.com/2007/11/city-of-sheboygan-backs-down-on-link.html
[16] http://wisunbeam.wordpress.com/2007/11/12/scandal-in-sheboygan/
[17] http://www.jsonline.com/story/index.aspx?id=786584
[18] http://badgerblogger.com/?p=7411
[19] http://blogs.law.harvard.edu/infolaw/2008/09/22/again-with-the-linking/
[20] http://dockets.justia.com/docket/court-wiedce/case_no-2:2008cv00708/case_id-47701/
[21] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/reisinger%20response.pdf
[22] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Sheboygan%20Cease%20Letter.pdf
[23] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/reisinger%20response%20mayor.pdf
[24] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/reisinger%20response%20city%20attorney.pdf
[25] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-20-Reisinger%20Complaint.pdf