The News: The Wisconsin Institute for Law & Liberty (WILL) issued a warning to the Village of Bonduel of an unconstitutional rule governing the sale of “politically or religiously affiliated merchandise,” at a village-operated farmers market. WILL made clear that this restriction violates the First Amendment, writing on behalf of a local crafter and small business owner, Polly Colvin, who wishes to sell her handmade products at the Village’s Farmers Market.
The same day the letter was sent, the Village responded making clear that they did not intend to block Colvin from selling her products, and that the Village Board would review the restrictions on the farmers market at their next meeting.
The Quotes: WILL Deputy Counsel, Lucas Vebber, stated, “The Village of Bonduel’s farmers market restriction is a blatant violation of the First Amendment, which protects both freedom of speech and the free exercise of religion. I am glad our team was able to secure a quick win for our client here so that Polly and others can share their hard work freely. Our team will continue to monitor the actions of the Village of Bonduel to make sure these restrictions are formally removed as soon as possible.”
WILL Client, Polly Colvin, stated, “I’m so grateful for the Wisconsin Institute for Law and Library and their willingness to help preserve the rights of all Americans, no matter how small the issue might seem. It matters a great deal to small business owners!”
Background: Polly Colvin, who owns Life With Polly Anna LLC, creates and sells a variety of handmade products, including valentine cards and stickers with religious themes. Two items Polly created that were an issue was a t-shirt with a valentine that says, “You have a Purpose! Jer. 29:11” and a flag with the words that say, “The 1st Amendment still stands! Will you.” The second item was a necklace that included a valentine that says, “You are worth more! Matt. 10:31.” She wants to sell these products at the Village of Bonduel’s municipal farmers market but was concerned about submitting an application due to the requirement that she agree to comply with the Village’s rule against religiously affiliated merchandise.
WILL’s letter explained that this rule violates the First Amendment in two key ways. First, it is a content-based restriction on speech, which the U.S. Supreme Court has ruled is unconstitutional. For example, under the Village’s rule, Polly could sell a valentine that says “Happy Valentine’s Day,” but not one that says “Jesus Loves You.” Second, the rule violates Polly’s right to freely exercise her religion by forcing her to choose between practicing her faith through her products and selling them at the market.
WILL attorneys will continue to monitor the Village and make certain that they repeal these restrictions as quickly as possible. If you have seen other municipal farmers markets trying to restrict sales based on the messages contained in the products, contact our legal team immediately.
Read More:Letter, August 2025Response from Bonduel, August 2025
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