Molly Tumanic

Editor’s note: This is the second in a two-part series on fraternity and
sorority zoning issues.

Members of the local chapter of Alpha Xi Delta opted not to get a permit restricting use of their house, and in response, the city sent them another offer.

If the residents of 1132 State St. do not want to abide by the parameters associated with a conditional use permit for fraternities and sororities, a letter from the city said the house shouldn’t serve any sorority functions.

According to the terms of the conditional use permit, all sorority functions would have to end at midnight, all meetings or events could have no more than five people who do not live in the house without prior approval from the City of Eau Claire Plan Commission and the sorority couldn’t use its lawn for activities unless approved by the Plan Commission.

A letter from John Guettinger, a code compliance inspector with the city, said the renters – should they choose not to acquire a permit – had to remove all exterior sorority signage, provide copies of their leases, exclude the house’s address from any advertisements for the sorority and agree to have no sorority-related activities at the house.

Senior Emily Parker, a resident of 1132 State St. and former president of Alpha Xi Delta, said members of the house didn’t agree with the terms of the conditional use permit or the conditions attached to not getting the permit.

“We’re not happy with it and it’s not something we should have to do,” she said. “It’s going after our rights big time.”

Members of the house chose not to agree to the restrictions in Guettinger’s letter and sought legal counsel.

“The university is trying to provide support and help to organizations working through this process,” said Associate Dean of Students Bob Shaw.

The university is using campus attorney Harry Hertel and other resources to find other options for Alpha Xi Delta and two houses with conditional use permits, 913 and 809 Graham Ave.

The two houses on Graham are rented to members of Delta Sigma Phi and Phi Sigma Phi.

Hertel met with members of the fraternities and sorority Wednesday and after the meeting junior Claire Jadin, the Alpha Xi Delta president, said she hopes the Eau Claire City Council will repeal the application of conditional use permits to fraternities and sororities.

“We’re trying not to make it escalate into a huge legal battle,” she said.

If the council doesn’t act on the matter, Jadin said the fraternities and sororities have legal standing for a civil lawsuit against the city for violation of the First Amendment.

“We’re going to stick up for our rights and other organizations,” Jadin said.

If left unresolved, this situation could mean trouble for other groups on campus, Shaw said. Other organizations, such as athletic teams, who live under the same roof could be subject to similar action because of the lack of a definition of a fraternity or sorority in city ordinances.

Since the individuals living in the houses signed the lease, Shaw said the houses do not meet the traditional definition of a fraternity or sorority house.

Part of the distinction of being a fraternity or sorority house is that the national chapter of the organization assists funding of the house, Shaw said.

“It’s a very ambiguous singling out of a group of people and the effect and intent is likely to make the group’s existence untenable,” he said.

If the members of Alpha Xi Delta agree to the Guettinger letter, even family functions will be endangered, said Paula Stuettgen, senior coordinator of student development and programs.

“They can’t even … have Parent’s Weekend cookouts in their backyard,” she said.

Stuettgen, who advises Greek organizations, said zoning policies – including the conditional use permit ordinance – were altered 13 years ago, and the timing and the handling of this situation is strange.

The inclusion of residents seems contrary to normal procedures, Stuettgen said. Normally, zoning issues are between the city and landlords, not the renters.

Stuettgen said it dismays her how the groups have been singled out. Students bring tax revenue to the city by living here, she said.

“They are taxpayers,” she said, “just like the rest of us.”