The Wineries of Old Mission Peninsula (WOMP), Bonobo Winery, and Bowers Harbor Vineyards have filed a new complaint in U.S. District Court claiming Peninsula Township is refusing to comply with a court judgment this summer and is taking enforcement actions against wineries for activities the court upheld as legal.

In a press release Monday, the wineries said that the July ruling - in which the wineries were awarded nearly $50 million in damages - found that Peninsula Township had "repeatedly and pervasively violated the wineries’ constitutional rights through unlawful zoning restrictions and the prohibition of events on winery properties. The court also affirmed that wineries - including Bonobo Winery - were legally approved to host events under their previously issued permits."

Despite that ruling, according to WOMP, "Peninsula Township has taken steps to delay meaningful settlement discussions and has continued to take enforcement actions against wineries for activities the federal court expressly held were lawful." Bonobo Winery received a cease-and-desist letter from township attorneys on November 21 threatening to revoke the winery's special use permit and "shut down operations over activities - including music, events, and food service - that the court specifically acknowledged Bonobo is permitted to conduct," the release states.

"The township simultaneously claimed it had 'no information' showing Bonobo could host events, even though Judge Maloney specifically referenced Bonobo’s communication with the township and its event rights in his opinion," the release continues. "The township also cited its noise ordinance, despite multiple public statements by the township’s own ordinance enforcement officer describing the ordinance as 'vague,' 'outdated,' and 'unenforceable.'"

The wineries are seeking "immediate injunctive relief preventing Peninsula Township from enforcing restrictions already struck down in the 2020-2025 WOMP case," according to the release. WOMP is also seeking "a declaration that the township’s noise ordinance is unconstitutionally vague, protection against further retaliatory actions directed at wineries, and attorneys’ fees and any additional relief the court deems necessary," according to the release.

"WOMP had previously refrained from enforcing the $49 million judgment in an effort to negotiate a resolution that would avoid burdening township residents," the release states. "However, Peninsula Township has insisted that a private advocacy group, Protect the Peninsula, be included in settlement discussions - even though the group has no financial liability or legal authority in the case - and has simultaneously maintained enforcement actions that conflict with the federal ruling."

WOMP attorney Joseph Infante says Peninsula Township's actions represent "a pattern, stalling, adding new regulations they cannot enforce, outsourcing their responsibility to private groups like PTP, and ignoring clear federal rulings. After over a decade of attempted collaboration and five years of litigation, our clients deserve certainty, legality, and accountability." WOMP expressed concern in its release that township officials "have made public comments acknowledging their disagreement with the court’s decision and expressing unwillingness to comply with the judgment unless compelled. These statements, combined with the township’s recent enforcement efforts, prompted WOMP to seek judicial intervention."

Peninsula Township Supervisor Maura Sanders acknowledged the lawsuit in a Facebook post, describing the litigation as an "immediate response to a township zoning violation notice." The township's letter to Bonobo Winery sought "clarification and compliance with existing special use permit conditions and township ordinances, including noise regulations," she wrote. "This enforcement correspondence was intended to open dialogue as well as an administrative review process that could proceed before the planning commission and township board to ensure all businesses operate within established community standards."

The township has a "responsibility to all residents and businesses to fairly enforce our ordinances," Sanders continued. "We had hoped to resolve these matters through direct communication and the normal administrative process that applies to township businesses."

Sanders said that "rather than engage in the township's standard compliance review process, (the wineries) have chosen to immediately escalate matters by pursuing federal litigation against the township. The township remains committed to working with all businesses while respecting the rights of neighboring property owners and complying with the zoning and permitting requirements that apply equally throughout our community."

Peninsula Township plans to review the lawsuit with legal counsel and "respond appropriately through the court process," Sanders concluded. "The township remains committed to preserving the agricultural character of our community while balancing the interests of all stakeholders."