The lawsuit filed by Mukwonago residents Craig Vertz and James Schoocraft asking for a preliminary injunction or restraining order in the case which argues the new state law that forced the Mukwonago School District to change its Mukwonago Indians logo is unconstitutional, has been postponed until 8:30 a.m. Dec. 9.
Attorney Clayton Kawski was in court this morning for Defendants State of Wisconsin Department of Public Instruction, Tony Evers and Paul Sherman, and argued the Attorney General's Office was not served with a copy of the complaint and moved for dismissal.
Attorney Samuel C. Hall for the Plaintiffs stated the Attorney General's Office was served on behalf of the named defendants.
The Court found that a state statute stipulates that if a "statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard."
The Court further decided the Attorney General was not served and therefore postponed both the Defendant's motion for dismissal and the Plaintiff's motion for an injunction until Dec. 9, and asked the Attorney General's Office be served by Dec. 1.