The PAY DAY LOAN SHOP OF WISCONSIN, INC. d/b/a Madison's Cash Express, Plaintiff, v. CITY OF MADISON, Defendant.

United States Of America District Court, W.D. Wisconsin.

*801 *802 Joseph S. Goode, Milwaukee, WI, for Plaintiff.

Amanda J. Kaiser, Boardman, Suhr, Curry & Field, Madison, WI, for Defendant.

CRABB, District Judge.

This will be a civil action brought pursuant to 42 U.S.C. В§ 1983. Plaintiff The cash advance shop of Wisconsin contends that defendant City of Madison has enacted an ordinance that violates plaintiff's liberties to protection that is equal due procedure and is unconstitutionally obscure. In addition, plaintiff contends that the ordinance is preempted by state legislation.

Whenever plaintiff filed its problem, it desired an initial injunction to avoid defendant from enforcing the ordinance that is allegedly unconstitutional. Defendant reacted to your movement and presented a movement for summary judgment at the time that is same asserting that the appropriate principles determining the motions had been equivalent. Defendant asked that its movement for summary judgment be addressed without enabling plaintiff time for finding, arguing that any development will be unneeded. I agreed that development will never help plaintiff (because legislative choices are "not susceptible to courtroom factfinding and can even be predicated on logical conjecture unsupported by proof or empirical data," FCC v. Beach Communications, Inc., 508 U.S. 307, 315, 113 S. Ct. 2096, 124 L. Ed. 2d 211 (1993)), and offered its counsel a chance to advise the court whether he desired the opportunity for additional briefing; he published towards the court on August 12, 2004, to state that extra briefing wouldn't be necessary and therefore the court should go to determine the movement.

We conclude that defendant's movement for summary judgment must certanly be given because plaintiff cannot show that defendant lacked any basis that is rational legislating the nighttime closing of cash advance shops. Without this kind of showing, plaintiff cannot be successful on its declare that it had been rejected substantive due process that it was denied equal protection or. The clear wording for the ordinance defeats plaintiff's declare that its unconstitutionally obscure. Finally, plaintiff does not have any support because of its contention that the ordinance is preempted by state legislation.

For the intended purpose of determining this movement, we find through the findings of fact proposed by the events relating to the 2 motions that the facts that are following material and undisputed.

Plaintiff The pay day loan shop of Wisconsin, Inc., d/b/a Madison's money Express, is a Wisconsin firm featuring its place that is principal of in Chicago, Illinois. Defendant City of Madison is human body corporate and politic that will sue and stay sued.

Plaintiff is just a monetary solutions business that operates five branches in Madison, Wisconsin. On November 7, 2003, it exposed a brand new center at 2722 East Washington Avenue. The facility was open 24 hours a day, seven days a week and was the only 24-hour business of its type in Madison as of the time of the hearing on the motion for preliminary injunction.

Every one of plaintiff's pay day loan clients have actually checking accounts and a big portion of their check cashing clients have actually bank records. Plaintiff provides an amount of services, including short-term certified loans called "payday loans," a currency exchange and look cashing procedure, notary solutions, bill paying and facsimile and copy services. Plaintiff sells stamps, envelopes and coach passes and keeps a stand-alone atm with its lobby.

*803 Plaintiff is certified because of the Wisconsin Department of finance institutions in order to make short-term certified loans. In a normal deal, a borrower presents a paycheck stub, picture identification and a current bank declaration, completes a loan application and submits a post-dated check. Plaintiff completes a note along with other loan papers and makes particular disclosures to the consumer. It holds the post-dated check before the loan comes due and thereafter is applicable the check to cover the loan off unless the consumer will pay the mortgage in complete before this has come due. Plaintiff fees $22 for every single $100 borrowed for a two-week loan that is licensed.

Plaintiff is certified because of the Wisconsin Department of banking institutions to work a grouped community foreign exchange company. In substitution for a charge, it agrees to cash payroll checks, insurance coverage proceed checks, federal federal federal government checks and other third-party checks.

When plaintiff dedicated to the East Washington facility, it did therefore in expectation so it will be in a position to run round the clock. Whenever it started its preparation, the business enterprise had been a permitted use under defendant's zoning ordinance.

Plaintiff takes a wide range of actions to keep up safety because of its procedure, including appropriate illumination, the usage safes and hourly sweeps and surveillance of all of the of its shops. The illumination outside and inside the shop result in the parking lot and store available to http://cartitleloansflorida.net/ see.

On November 4, 2003, defendant's typical Council proposed a new ordinance, entitled "Hours of procedure for pay day loan organizations." Part (2) regarding the ordinance so long as no pay day loan business might be available amongst the full hours of 9 pm and 6 am. At a general public conference held on January 6, 2004, the council voted to consider the ordinance with one vote that is dissenting. The mayor authorized the ordinance on January 9, 2004 also it became effective fifteen times later on.

On or around February 10, 2004, defendant consented never to enforce the payday ordinance that is lending plaintiff's forex company pending overview of the language of this ordinance and plaintiff consented not to ever make pay day loans through the prohibited hours. On 24, 2004, Alderperson Markle presented amendments to the ordinance to broaden the definition of payday loan business to include community currency exchange businesses february. The normal Council adopted the amendments may 18, 2004; the mayor approved them may 24, 2004; and additionally they took influence on 8, 2004 june.