(The Center Square) – A late-session bill that would have protected local racing facilities in Wisconsin from litigation and law changes was vetoed by Gov. Tony Evers in a flurry of post-session vetoes.
The “right-to-race” bill would prevent neighbors who buy their homes after the racing facility was in place from filing nuisance lawsuits against the facility unless the facility had a substantial and material expansion of operations.
The bill also prevented new laws that conflict with the racing facility’s use.
“I am vetoing this bill in its entirety because I object to creating unfair and unnecessary hurdles for people pursuing legal avenues to vindicate the use and enjoyment of their land,” Evers said in his veto message. “As I have said before, I believe the presumption should be an open courthouse door to anyone seeking justice and an honest debate of the law of the land, and any immunity or deviation from that presumption should be tailored and finite.”
Bill supporters, however, believe that the bill was built to protect racing from subdivisions and home owners who move to an area after the facility was already operating.
“Motorsports is an industry that has enlivened life in Wisconsin for nearly a century,” the Specialty Equipment Market Association wrote in a post-veto message. “Instead of protecting Wisconsin’s economy and network of family-owned dirt ovals, drag strips, and every motorsports facility in between, and instead of fostering American manufacturing, STEM education, and engineering innovation, Evers made it crystal clear whose side he’s on: lawyers and NIMBYs.”
State Rep. Jeff Mursau, R-Crivitz, said in testimony on the bill mirrors right-to-farm legislation already in law.
Sen. Cory Tomczyk, R-Mosinee, said in testimony that the bill would protect everything from the Milwaukee Mile and Road America to smaller tracks like Marshfield Motor Speedway and Golden Sands Speedway in Wisconsin Rapids.
“Wisconsin’s racing heritage runs deep and unfortunately, NIMBYTsm is putting these businesses at risk of closing and decimating a way of life for small town America,” Tomczyk wrote. “Current law allows individuals and local governments to bring actions to stop or correct a public nuisance, but also recognizes that certain longstanding and lawful activities should be protected from nuisance claims when they do not pose a substantial threat to public health or safety. Race tracks certainly fall into that category.”
Evers’ veto said that he did not approve of the block on local legislation against racing facilities because he prefers local control.
“I am also vetoing this bill because I object to removing control from local authorities and preempting their ability to pass ordinances with the interests of their community in mind,” Evers wrote. “This bill removes the ability for local residents in municipalities throughout the state to engage in self-government by passing local ordinances related to nuisance actions involving racing facilities.”
