Judge blocks Wisconsin anti-union law

Dane County
State of Wisconsin ex rel Ismael R. Ozanne, Plaintiff,
v.
Jeff FITZGERALD, Scott Fitzgerald, Michael Ellis, Scott Suder and Douglas Lafollette, Defendants.
No. 11CV1244.
March 18, 2011.

Order Granting Motion for Temporary Restraining Order

Maryann Sumi, Judge.

For the reasons stated on the record at the March 18, 2011, hearing conducted by the Court, plaintiff's motion for a temporary restraining order, pursuant to Wis. Stat. § 813.02, enjoining defendant Secretary of State Douglas La Follette, in his official capacity, from publishing 2011 Wisconsin Act 10, until further order of the Court, is GRANTED.

ISSUED this 18th day of March, 2011.

BY THE COURT:

<>

The Honorable Maryann Sumi

Circuit Judge, Branch 2

State of Wisconsin v. Fitzgerald
2011 WL 924048 (Wis.Cir.) (Trial Order)

END OF DOCUMENT

From the Chronicle of Higher Education:

Judge Halts Wisconsin Law Blocking Collective Bargaining
March 18, 2011, 12:46 pm

A Wisconsin judge’s ruling today will temporarily block a disputed state law dismantling unions for University of Wisconsin faculty members and other public employees, the Milwaukee Journal Sentinel reported. Both the law and the controversial manner in which it was enacted drew huge crowds of protesters last month to the State Capitol. The ruling, on a request for a temporary restraining order, was issued by Judge Maryann Sumi of the Dane County Circuit Court. Judge Sumi is presiding over a case in which opponents of the law contend open-meetings laws were violated when a legislative committee approved the measure. The judge said the opponents were likely to succeed in their lawsuit, the newspaper reported.

Press release from the Transport Workers Union:

Breaking News: Judge Blocks Collective Bargaining Bill in Wisconsin
Mar 18 2011
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Today, Dane County Circuit Judge Maryann Sumi issued a temporary restraining order blocking the implementation of the bill that strips hundreds of thousands of hard working Wisconsinites of their voice on the job.

“Judge Sumi confirmed today what we knew all along – that the bill stripping hundreds of thousands of hard working Wisconsinites of their voice on the job was rammed through illegally in the dark of the night,” said Phil Neuenfeldt, President of the Wisconsin State AFL-CIO.

“Today justice prevailed,” explained Stephanie Bloomingdale, Secretary-Treasurer of the Wisconsin State AFL-CIO. “In Wisconsin and in America, we have a democratic process for passing legislation. Judge Sumi has ruled that Scott Walker’s underhanded attempts to harm Wisconsin’s middle class will not stand.”

Judge Sumi ruled preliminarily that the bill was pushed through in an illegal manner. Conference Committee meetings must be called with advance notice of 24 hours unless there is an emergency. The Conference Committee in which the bill was passed was called with less than two hours notice. No emergency could be proven. Judge’s Sumi’s ruling delays implementation until at least the March 29 full hearing on the injunction request, unless her ruling is overturned on appeal. The ultimate determination of whether the state’s Open Records Law was violated will occur at the end of the lawsuit. Recall petitions and other legal actions must continue, as the best result in this case would send the bill back to the Legislature.

“State employees believe that nobody is above the law. We are gratified to see some of our so-called ‘leaders’ finally held accountable for their illegal actions. They may think they can get away with ignoring the vast majority of Wisconsin citizens by attacking worker freedoms, but they simply cannot continue ignoring the law if we want to continue calling our state a democracy,” said Marty Beil, executive director of the Wisconsin State Employees Union, AFSCME Council 24.

Judge Sumi was appointed by former Republican Governor Tommy Thompson.