Wisconsin Judge to Governor: Obey My Restraining Order

(Madison, WI – March 30, 2001) A WISCONSIN JUDGE again issued a restraining order against Gov. Scott Walker’s (R) law that guts collective bargaining for public employees. In an end run around the judge’s earlier order, Walker published the law and claimed that action put it into effect. Dane County Circuit Judge Maryann Sumi said implementation is blocked: “That is what I now want to make crystal clear.”

Governor Walker’s attempt to take collective bargaining rights away from all public sector unions that did not donate to his election campaign has galvanized workers from every sector of the economy across the state. First they attempted to block its passage. Then they filed suit to block its implementation.

Now they are gearing up to recall those legislators who so brazenly defied the will of the people by meeting in secret (Wisconsin has an open meeting law) to pass it over their objection. Polls show that 74 percent of Wisconsin voters believe the law is wrong. Nationwide, 61 percent want public workers to keep their right to form a union and bargain for wages and benefits.

Wisconsin Republicans ignore restraining order, say anti-union law is in effect

ON FRIDAY, WISCONSIN Republicans said a measure stripping state public employees of most collective bargaining rights was now in effect after it was published by a legislative agency, despite a judge's order against publication.

The move promises to re-ignite controversy over Republican Governor Scott Walker’s attempts to pass laws intended to weaken labor unions in the state. In recent weeks, his actions sparked huge demonstrations in Madison and ignited a national struggle over efforts by several state governments to pass similar anti-union laws.

Republican supporters of the law said the judge’s temporary restraining order on publication did not apply to the Legislative Reference Bureau (LRB), which published the legislation electronically on Friday.

The restraining order was issued last week by a judge hearing a complaint by the Dane County district attorney claiming the passage of the law violated Wisconsin’s ban on using secret meetings to pass legislation. Madison, the state capital, is in Dane County.

Scott Fitzgerald, head of the Republican-controlled state Senate, said the bureau's action made the bill “the law” and insisted the action did not violate the restraining order because that document did not mention the bureau specifically.

Mike Huebsch, a member of Gov. Walker's cabinet, said the administration would now “carry out the law as required.”

The LRB is a nonpartisan agency whose director is appointed by the leaders of the Wisconsin State Assembly and Wisconsin State Senate. Both bodies have Republican majorities that support the measure.