Is the GOP Trying to Shut Down Minocqua Brewing Company?

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A northern Wisconsin brewpub may be forced to shut down its business after an Oneida County zoning committee revoked its permit to operate in what the brewpub’s owner claims is unfair retaliation because of its progressive political activity. Minocqua Brewing Company owner Kirk Bangstad accuses the Republican county officials of targeting him for his outspoken liberal activism in an area of the state which is predominantly conservative. 

Following two contentious hearings in the last two weeks, three of the five zoning commission members voted to revoke the Administrative Review Permit for Minocqua Brewing Company which allowed it to operate. Two of the committee members did not attend the hearings. The committee members who were present say the revocation is the result of repeated zoning violations by the company in regard to outdoor consumption of beer by customers on its premises and a refusal to obey parking space regulations. The Administrative Review Permit allows for indoor consumption only.

“You have been ordered to bring the administrative review permit into accordance, including ceasing serving alcohol to customers outside,” the brewpub was told in correspondence from the county’s Planning and Development Committee. 

Minocqua Brewing Company owner Kirk Bangstad admits to having violated the outdoor consumption prohibition but claims the county’s enforcement was unfair from the start. County officials say, under existing zoning regulations, that the business is required to provide six customer parking spots. The historic building had no parking when Bangstad purchased it and he says putting in the require parking spaces would not leave room for brewpub customers to enjoy their beers on a stoop outside the building. 

Selective Enforcement

Bangstad says on-premises sales and consumption provide a major part of the company’s revenues. He was seeking a conditional use permit to operate an outdoor beer garden on an adjacent vacant plot of city owned land which he says would then allow the company to comply with the parking regulations. A hearing on that request was delayed by the committee until August 9. But the zoning committee’s action this week which would force the business to close essentially makes consideration of the beer garden permit at an August 9 meeting a moot exercise. Bangstad accuses the committee of purposely delaying consideration of the conditional use permit in order to shut him down first. 

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Bangstad also accuses conservative members of the committee of selective enforcement of zoning regulations which he says is part of a years-long vendetta against him for his support of liberal candidates and causes. Bangstad says dozens of other Oneida County bars and restaurant owners have been approved for parking lots and outdoor beer gardens without facing the type of scrutiny and opposition to which his operation has been subjected. He says the local government’s actions against him are politically motivated and are in violation of his First Amendment right to free speech. 

Bangstad says the harassment began when he hung a large “Biden/Harris” sign on his highly visible building in downtown Minocqua during the 2020 election campaign. He claims Republican county officials have targeted his business since because of its advocacy and financial support for Democrats. The brewery makes and sells beers and other products themed with the names of liberal politicians such as its Biden Beer (for President Joe Biden), Evers Ale (for Governor Tony Evers), Tammy Shandy (for U.S. Senator Tammy Baldwin and AOC IPA (for Representative Alexandria Ocasio-Cortez of New York). Bangstad also operates the Minocqua Brewing Company Super PAC, which has funded billboards and other ads attacking Republican politicians. A portion of the company’s sales proceeds are donated to the Super PAC. Required federal campaign finance filings show the Super PAC spent nearly $1 million during the 2022 campaign cycle. 

At a hearing last week at which numerous members of the public expressed both support and opposition to the business, Bangstad took to the microphone to give his side of the story but was cut off by the committee chairman for speaking longer than rules allowed and for “not sticking to the relevant issues.” When Bangstad refused to stop talking, the committee abruptly adjourned, and the three members walked out. It took up the issue again at Wednesday’s hearing. While a small group of people protested in support of the company outside, a succession of eight associates of Bangstad presented the company’s case to members. It was to no avail, however, and the committee vote which followed was to order the brewpub to cease operations. 

Bangstad filed for a temporary injunction from a court to prevent the order from going into immediate effect, but a judge denied the request. 

Unfair Applications

Among the allegations of unfair application of regulations which Bangstad leveled against the committee is a recent order for it to build a dumpster enclosure. On the company’s social media sites, he posted photos of several similar businesses with uncovered dumpsters, saying they have not been subjected to the same enforcement which he has faced. Supporters of Minocqua Brewing Company volunteered to shore up stability of the company’s hastily constructed enclosure and an artist painted the structure, including the word “Freedompster” on it. 

At the hearing, committee chairman Scott Holewinski denied Bangstad’s allegation of politically motivated retaliation and selective enforcement. “We have been fair to you. There’s nothing political (between) me and you,” he said. “You keep (saying) we”re after you because you're a liberal, because you're a Democrat. You make this all up against us.” 

Bangstad told reporters afterward that he will not be cowed. “Until they put padlocks on my business, I am open for business until someone puts a padlock on my business," said Bangstad, “What they have done is wrong and we will sue in federal court eventually.”