A Wisconsin appeals court has struck down a Fond du Lac County ordinance that prohibits adults from hosting underage drinkers in their homes.
The case centers on Stuart Muche of Van Dyne. He was cited last year after minors began drinking at his son’s graduation party.
Muche argued the ordinance is improperly stricter than state law, which prohibits adults from hosting underagers on a premises the adult owns or controls. Muche argued that state law defines premises in that context as a place described in a license or permit, namely a tavern or liquor store.
The 2nd District Court of Appeals adopted Muche’s reasoning in a 3-0 ruling on Wednesday. Assistant District Attorney Curtis Borsheim, who is handling the case for the county, didn’t immediately respond to a voicemail.