Opinion
No. 2014AP1386.
2015-04-29
CITY OF WAUKESHA, Plaintiff–Respondent, v. Robert J. BOEHNEN, Defendant–Appellant.
Id., ¶ 18 (citation omitted). Boehnen clearly has failed to show us why he and other bar owners are singled out for prosecution while others similarly situated are not. The bartenders are not similarly situated. They work for the bar owners. The ultimate responsibility to make sure that the law is being followed must rest with the owners—they make the rules, hire and fire, and set bar policy. Boehnen has not established a prima facie case of selective prosecution. We affirm.