Case: Waechter v. City of Saugatuck

1:14-cv-01291 | U.S. District Court for the Western District of Michigan

Filed Date: Dec. 17, 2014

Closed Date: 2015

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Case Summary

On December 17, 2014, two street musicians filed this lawsuit in the United States District Court for the Western District of Michigan under 42 U.S.C. § 1983 against the City of Saugatuck, Michigan. The plaintiffs, represented by the ACLU, sought injunctive relief and compensatory damages, claiming that the City's application of the Saugatuck Public Entertainment Ordinance (Ordinance) to the plaintiffs was unconstitutional. Specifically, the plaintiffs claimed that criminalizing the act of playing music on a public sidewalk without a permit is a prior restraint on expression that violates the First Amendment. The plaintiffs also claimed that the Ordinance violates the Due Process Clause of the Fourteenth Amendment, as it does not provide them with fair notice that the Ordinance, which prohibits performances on the streets of Saugatuck without a permit, applies to individual street musicians.

On March 27, 2015, upon stipulation and consent of the parties, the Court (Judge Robert J. Jonker) entered an order:

Permanently enjoining the City from enforcing the Public Entertainment Ordinance against the plaintiffs and other individual street performers who wish to perform on the public sidewalks in Saugatuck, including against individual street performers who accept tips from passersby;
Permanently enjoining the City from requiring the plaintiffs or other individual street performers to obtain a permit if they wish to perform on the public sidewalks in Saugatuck;
Awarding each plaintiff $7,500; and
Reserving for resolution between the parties the issue of attorneys' fees to be paid to the plaintiffs.

On May 26, 2015, the Court entered an order granting the plaintiffs an extension until June 2, 2015 to file a motion for attorneys' fees and costs. On June 17, 2015, Judge Jonker ordered the defendants to pay attorneys’ fees and costs of $30,000 to the ACLU. The case is now closed.

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Summary Authors

Robert Lake (6/1/2015)

Rachel Carpman (10/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7537288/parties/waechter-v-saugatuck-city-of/

Judge(s)

Jonker, Robert James (Michigan)

Attorney for Plaintiff

Allen, Marc S. (Michigan)

Aukerman, Miriam (Michigan)

Moss, Kary L. (Michigan)

Attorney for Defendant

Bogren, Michael S. (Michigan)

Judge(s)

Jonker, Robert James (Michigan)

Attorney for Plaintiff

Allen, Marc S. (Michigan)

Aukerman, Miriam (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Attorney for Defendant

Bogren, Michael S. (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:14-cv-01291	Docket [PACER]	June 17, 2015	June 17, 2015 Docket
1 1:14-cv-01291	Complaint	Dec. 17, 2014	Dec. 17, 2014 Complaint
12 1:14-cv-01291	Consent Judgment	March 27, 2015	March 27, 2015 Order/Opinion
16 1:14-cv-01291	Stipulated Order Regarding Attorneys' Fees and Costs Pursuant to 42b U.S.C & 1988	June 17, 2015	June 17, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7537288/waechter-v-saugatuck-city-of/

Last updated June 30, 2023, 3:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants filed by Christopher Waechter, Gabriel Novak (Attachments: # 1 Exhibit A, Portions of Regulation)(Aukerman, Miriam) (Entered: 12/17/2014) 1 Exhibit A, Portions of Regulation View on PACER	Dec. 17, 2014	Dec. 17, 2014 PACER
2	NOTICE that this case has been assigned to Judge Robert J. Jonker (ns) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
3	PROPOSED SUMMONS to be issued re 1 (Aukerman, Miriam) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
4	SUMMONS ISSUED as to defendants Jon Bender, Michael Clark, Kirk Harrier, Saugatuck, City of (ns) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
	SUMMONS NOT ISSUED ; none provided (ns)	Dec. 17, 2014	Dec. 17, 2014 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Steinberg on behalf of plaintiffs Gabriel Novak, Christopher Waechter (Steinberg, Michael)	Dec. 17, 2014	Dec. 17, 2014 PACER
	(NON-DOCUMENT) ATTORNEY APPEARANCE of Marc Sebastian Allen on behalf of plaintiffs Gabriel Novak, Christopher Waechter (Allen, Marc)	Dec. 17, 2014	Dec. 17, 2014 PACER
	RECEIPT: in the amount of $400.00, receipt number 0646-3071050; for filing fee (mkc)	Dec. 17, 2014	Dec. 17, 2014 PACER
5	SUMMONS returned executed; All Defendants (Aukerman, Miriam) (Entered: 01/05/2015)	Jan. 5, 2015	Jan. 5, 2015 PACER
6	ANSWER to complaint 1 with affirmative defenses and jury demand by Jon Bender, Michael Clark, Kirk Harrier, Saugatuck, City of(Bogren, Michael) (Entered: 01/06/2015)	Jan. 6, 2015	Jan. 6, 2015 PACER
7	ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 3/9/2015 at 04:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; status report due by 3/4/2015 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 01/06/2015)	Jan. 6, 2015	Jan. 6, 2015 PACER
8	JOINT STATUS REPORT (Aukerman, Miriam) (Entered: 03/03/2015)	March 3, 2015	March 3, 2015 PACER
9	MINUTES of scheduling conference held before Judge Robert J. Jonker (Court Reporter: Glenda Trexler) (Judge Robert J. Jonker, mil) (Entered: 03/09/2015)	March 9, 2015	March 9, 2015 PACER
10	CASE MANAGEMENT ORDER: settlement conference set for 2/17/2016 at 2:00 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.; final pretrial conference set for 3/28/2016 at 3:00 PM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; jury trial set for 4/12/2016 at 8:30 AM at 699 Federal Building, Grand Rapids, MI before Judge Robert J. Jonker; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 03/09/2015)	March 9, 2015	March 9, 2015 PACER
11	PROPOSED CONSENT DECREE by plaintiffs Gabriel Novak, Christopher Waechter (Aukerman, Miriam) (Entered: 03/26/2015)	March 26, 2015	March 26, 2015 PACER
12	ORDER approving consent decree 11 ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil) (Entered: 03/27/2015)	March 27, 2015	March 27, 2015 PACER
13	PROPOSED STIPULATION and ORDER Extending Time for Plaintiffs to Move for Attorneys' Fees and Costs by plaintiffs Gabriel Novak, Christopher Waechter (Aukerman, Miriam) (Entered: 05/22/2015)	May 22, 2015	May 22, 2015 PACER
14	ORDER granting STIPULATION 13 extending time for Plaintiffs to move for attorneys' fees and costs; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 05/26/2015)	May 26, 2015	May 26, 2015 PACER
15	PROPOSED STIPULATION and ORDER regarding attorneys fees by plaintiffs Gabriel Novak, Christopher Waechter (Aukerman, Miriam) (Entered: 06/15/2015)	June 15, 2015	June 15, 2015 PACER
16	ORDER granting STIPULATION 15 regarding attorneys' fees and costs ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) (Entered: 06/17/2015)	June 17, 2015	June 17, 2015 PACER