A Wisconsin judge issued a temporary restraining order Friday blocking the state’s new collective bargaining law from taking effect, raising the possibility that the Legislature may have to vote again to pass the bill.
Dane County District Attorney Ismael Ozanne filed the lawsuit last week alleging the open meetings law was violated because 24 hours’ notice wasn’t given for a meeting of the special legislative committee convened to amend the bill.
Dane County District Judge Maryann Sumi granted the order, but said her ruling would not prevent the Legislature from reconvening the committee with proper notice and passing the bill again.
Walker spokesman Cullen Werwie would not comment on whether the governor would push to call the Legislature back to pass the bill again, either in its current form or with any changes.
Werwie said Walker was confident the bill would become law in the near future.
“This legislation is still working through the legal process,” Werwie said.
Opponents of the law were hopeful the judge’s ruling temporarily blocking enactment of the law would lead to concessions.
“I would hope the Republicans would take this as an opportunity to sit down with Democrats and negotiate a proposal we could all get behind,” said Sen. Jon Erpenbach, D-Middleton.
The head of the state’s largest teachers union said the Legislature should use this as a chance to listen to opponents of the measure, not vote to pass the same bill again.
“Wisconsin’s educators call upon the Legislature to take this as a clear signal that Wisconsinites will not tolerate backroom deals and political power plays when it comes to our public schools and other valued services,” said Mary Bell, president of the Wisconsin Education Association Council.
The judge said DOJ could not show the committee was exempt from the 24-hour notice requirement. She said Ozanne could ultimately win the case and ordered Secretary of State Doug La Follette to hold off on publishing the law – the last step before it can take effect. La Follette had planned to publish the law March 25.
In a statement, Attorney General J.B. Van Hollen said there were a number of issues with Sumi’s ruling.
“Decisions of the Supreme Court have made it clear that judges may not enjoin the Secretary of State from publishing an Act,” Van Hollen said. “Decisions of the Supreme Court are equally clear that Acts may not be enjoined where the claim is that a rule of legislative procedure, even one as important as the Open Meetings law, has been violated.”
Assembly Minority Leader Peter Barca, D-Kenosha, said the ruling was a move in the right direction.
“I’m very pleased,” Barca said. “As you know, I felt from the moment they called this that this would be a violation of open meetings law. This is an important first step in this regard.”
Another lawsuit brought by Democratic Dane County Executive Kathleen Falk argues the bill as passed still should have required the 20-member quorum. The same judge that issued the temporary restraining order was taking testimony Friday in that case, but did not issue a ruling on Friday.
– State Editor Andrew Averill contributed to this report