In August 2005, the Milwaukee Gay Arts Center (MGAC) filed a claim against the city of Milwaukee after performances of “Naked Boys Singing” were shut down because the center did not have a theater license. The MGAC claimed the ordinance requiring a city theater license was only enforced by the city because the center is a gay organization.

“Naked Boys Singing” opened again at the center two months later when the city admitted it made a mistake because MGAC is a nonprofit organization. Nonprofit organizations are exempt from the ordinance requiring a theater license.

The center’s suit “seeking more than 600-thousand dollars in damages, alleging violations of free speech and due process,” was dismissed this week.

U-S District Judge Charles Clevert dismissed the suit this week. He says that, in order to proceed, the center had to establish that the violations were part of a custom or policy by the municipality.

He says that wasn’t the case in the matter because the vice squad doesn’t have citywide decision-making authority.

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