GREEN BAY, WI (WTAQ-WLUK) – A federal judge denied Monday a request by a group a landlords to stop the City of Oshkosh from starting implementation a rental unit inspection plan.
The city plans to inspect all rental properties one time during a five-year cycle. The program is expected to start this week.
The Winnebago Apartment Association filed suit, seeking to stop the program – on grounds it violates the Fourth Amendment’s search clause – including a request for a temporary restraining order halting the program while the case is tried.
But in an 8-page decision issued Monday, Judge William Griesbach denied the restraining order request.
It is true that an inspector could nevertheless proceed to enter an apartment under the Ordinance without obtaining proper consent or a warrant. But this is not enough to show that the Ordinance is facially invalid. It is also noteworthy that the City has indicated an intent to amend the ordinance prior to its implementation to make even more clear the need to obtain consent from the person in lawful possession of the premises or a warrant before entry can be made. (ECF No. 14-1.) Under these circumstances, I conclude that Plaintiffs are unlikely to prevail on their Fourth Amendment claim. And although they have also alleged that the Ordinance does not comply with certain state statutes limiting municipal authority to regulate landlords, they have failed to make any showing of a likelihood of success on the merits as to those claims as well. I therefore conclude that the required showing for the preliminary relief Plaintiffs seek has not been made. Their motion for a preliminary injunction must therefore be denied.
The city council votes today (Tuesday) on the proposed changes to the ordinance Griesbach referred to.
No trial date has been set. A scheduling conference has been set for March 1st.
