As Franklin Considers the Future of On the Border, the City Must Apply the Same Principles of Due Process, Accountability, and Public Confidence
By Dr. Richard Busalacchi
Franklin Community News
Tonight, the Franklin Common Council will conduct one of the most consequential licensing proceedings in Franklin's recent history.
Unlike a zoning decision, development proposal, or routine legislative vote, the Common Council will act in a quasi-judicial capacity, hearing evidence and determining whether On the Border should retain the licenses necessary to continue operating its business. The City's complaint seeks suspension, revocation, or nonrenewal of the establishment's liquor, entertainment, and cigarette licenses based upon allegations developed during a multi-year Franklin Police Department investigation.
The allegations are serious.
So too is the Council's responsibility.
Tonight's hearing is about more than one business. It is about whether Franklin applies its licensing laws consistently, fairly, and in a manner that maintains public confidence.
A Standard Franklin Community News Has Always Supported
Franklin Community News has consistently maintained that liquor licenses are privileges—not rights.
When businesses fail to comply with the law or place public safety at risk, the City has both the authority and the responsibility to act.
Earlier this year, FCN supported the Common Council's decision to suspend the liquor license of the Irish Cottage Pub following allegations that alcohol served at the establishment contributed to a fatal drunk-driving crash. FCN believes the councils actions did not go far enough.
Following a public hearing, the Common Council voted 5-1 to impose a 30-day suspension of the Irish Cottage's liquor license.
At the time, FCN wrote that public safety demanded accountability and that Franklin officials should act decisively when licensed establishments fail to uphold their responsibilities.
That position has not changed.
If the evidence supports suspension or revocation of On the Border's licenses, the Common Council should act accordingly.
If the evidence does not support the City's complaint, the Council should reject it.
The outcome should be determined by the evidence—not by politics, personalities, or relationships.
Why Tonight's Hearing Is Different
The complaint against On the Border alleges far more than a single isolated incident.
According to the sworn complaint filed by the Franklin Police Department, the City alleges years of unlawful activity occurring at the business, including:
- Prostitution;
- Human trafficking;
- Drug activity;
- Employee misconduct;
- Service of alcohol to intoxicated patrons; and
- Operating a disorderly establishment.
The complaint further identifies approximately 91 police calls for service involving the establishment between 2018 and 2026.
Whether those allegations are ultimately sustained is precisely what tonight's hearing is intended to determine.
Who Owns On the Border?
According to the City's complaint, On the Border operates under H, B & H, LLC, which has owned and operated the Franklin establishment since approximately 1996.
Members of the Hay family have long been publicly associated with ownership of the business.
They have also participated in local politics through lawful campaign contributions.
Campaign Finance Records
Franklin Community News has reviewed official campaign finance reports documenting contributions made by members of the Hay family.
According to the Friends of John Nelson 2024 Campaign Finance Report:
- Daniel Hay contributed $735.
- Mary Hay contributed $735.
Both contributions were made to Mayor John Nelson's campaign committee.
More recently, according to Steve Taylor's Continuing Campaign Finance Report, filed on July 15, 2026:
- Gerald Hay contributed $300 to Taylor's campaign for Milwaukee County Supervisor on March 26, 2026.
These contributions were lawful and publicly reported.
A Longtime Community Presence
The Hay family's involvement in Franklin extends beyond campaign contributions.
For many years, On the Border has been an annual sponsor of the Franklin Civic Celebration Fourth of July Festival, one of the City's largest community events.
Franklin Community News also previously reported that Mayor John Nelson's campaign signs were displayed outside On the Border during the 2026 mayoral election campaign.
These facts do not establish wrongdoing.
Nor do they suggest that any campaign contribution or community sponsorship improperly influenced any elected official.
They do, however, provide important context regarding the longstanding relationship between the business and the Franklin community.
Consistency Matters
The comparison between the Irish Cottage and On the Border is not intended to suggest the two cases are identical.
They are not.
The underlying allegations are very different.
The legal issues are different.
The factual records are different.
But one principle should remain constant.
Should The City should apply the same standards to every license holder?
If the Irish Cottage received a 30-day suspension following allegations connected to a fatal drunk-driving crash, residents may reasonably ask what sanction—if any—is appropriate if the allegations contained in the City's complaint against On the Border are ultimately proven.
Likewise, if the City fails to prove those allegations, the licenses should not be suspended or revoked simply because of the public attention surrounding the case.
The identity of the license holder should never determine the outcome.
The evidence should.
The Question of Public Confidence
Tonight's hearing differs from an ordinary Common Council meeting.
The Council is not acting as policymakers.
It is acting as the decision-maker in a proceeding that directly affects the legal rights of a specific license holder.
That distinction matters.
Campaign contributions are common in local elections.
Business owners regularly support candidates.
Elected officials routinely vote on issues affecting campaign contributors.
However, quasi-judicial proceedings demand a heightened commitment to impartiality.
Franklin Community News is not alleging that Mayor John Nelson, or any member of the Common Council, has acted improperly.
Nor is FCN suggesting that campaign contributions automatically require recusal under Wisconsin law.
Nevertheless, when elected officials are asked to determine the future of a business owned by individuals who have contributed to local political campaigns—and when that business has maintained longstanding relationships within the community through sponsorships and civic involvement—it is reasonable for residents to ask whether participation by those officials could affect public confidence in the fairness of the proceeding.
Whether recusal is appropriate is ultimately a question for each elected official to consider under applicable law and ethical standards.
The Bigger Picture
The issue before the Common Council tonight is not simply whether On the Border retains its licenses.
It is whether Franklin demonstrates that its licensing process is:
- Fair.
- Consistent.
- Transparent.
- Based solely upon the evidence presented.
Those principles protect everyone.
They protect businesses.
They protect the public.
And they protect the integrity of local government.
Regardless of tonight's outcome, Franklin residents deserve confidence that the decision was reached through a process that is as impartial as it is lawful.
Because in the end, the strength of local government is measured not only by the decisions it makes—but by the public's confidence in how those decisions are made.
Meeting Information
The Franklin Common Council will conduct the On the Border license hearing tonight, July 16, 2026, beginning at 6:30 p.m. at Franklin City Hall, 9229 W. Loomis Road, Franklin. The agenda includes an opportunity for public comment for individuals who wish to address the Common Council before deliberations begin. Residents who are unable to attend in person may watch the proceedings live through the City of Franklin's YouTube livestream, allowing the public to follow one of the most significant licensing hearings in recent City history as it unfolds.
Editor's Note
The campaign contributions referenced in this article are taken from official campaign finance reports reviewed by Franklin Community News. The festival sponsorships referenced are based on publicly available sponsorship records. Franklin Community News is not alleging that any campaign contribution or sponsorship was unlawful or improperly influenced any official action. The allegations contained in the City's complaint against On the Border remain allegations unless and until they are sustained through the licensing proceeding or otherwise adjudicated.
Dr. Richard Busalacchi is the Publisher of Franklin Community News, where he focuses on government transparency, community accountability, and local public policy. He believes a community’s strength depends on open dialogue, honest leadership, and the courage to speak the truth—even when it makes powerful people uncomfortable.
🕯️ The solution isn’t another insider in a new office. It’s sunlight, scrutiny, and the courage to vote differently.
Because until voters demand honest, transparent government, the corruption won’t stop — it will only change titles.
Elections have consequences — and Franklin’s next one may decide whether transparency makes a comeback.
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Together, we can keep local government honest, transparent, and accountable
— for the greater good.
💬 If you value hard-hitting, fact-based investigative reporting about our hometown of Franklin — follow Franklin Community News on Facebook.
Together, we can keep local government honest, transparent, and accountable
— for the greater good.
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