| Court: | WI Supreme Court |
| Facts: | A guy in drag offers to blow a cop for $20. Charges ensue. |
| Posture: | Motion to dismiss was denied, convicted at trial. Appeals. |
| Issue: | Does the fact that he's being charged differently than others (i.e., sexual perversion vs. disorderly) and differently than females (i.e., not prostitution charges) violate equal protection? Does the sentence violate 8a protections (cruel & unusual)? |
| Holding: | No. Trial court is affirmed. |
| Rule: | Again, you have to show that there was prohibited discrimination. Solitary prosecution (which this was) is a potential trouble spot, if it's being done to prevent the exercise of constitutional rights, or if it's vindictive. But that was not the case here. |
| Reasoning: | The prosecutor wants to maintain consistency; also the commercial nature of the crime got the prosecutor's attention. |
| Dicta: | |