823.20.Gambling place a public nuisance.

Section 823.20 opens by declaring any gambling place, as defined in section 945.01(4)(a), a public nuisance that can be proceeded against under chapter 823. Because it is a public nuisance rather than a private one, standing to sue is broad: any citizen of the county where the nuisance exists may bring an action to enjoin or abate it, without having to show special damages or injury of their own.

The procedure favors quick relief and cautious dismissal. After three days’ notice to the defendants, the court may allow a temporary injunction without requiring a bond. The action itself may be dismissed only if the court is satisfied dismissal is warranted on the merits. If a party applies to dismiss, the court has another option: continue the action and order the attorney general to prosecute it, so the case does not disappear because the original plaintiff loses interest.

Section 823.20 closes with the same lessor protection found in section 823.16. If the lessee has been convicted of commercial gambling for operating the place as a gambling place, or the place has been adjudged a nuisance under the chapter, the lease is void, and the lessor gets the same remedies for regaining possession available against a holdover tenant.