The Dane County judge who struck down parts of Gov. Scott Walker’s collective bargaining bill refused to stay his decision Monday, meaning the law will not stay in effect until an appeals court decides whether or not to overturn the ruling.
On Sept. 14, Circuit Judge Juan Colas ruled parts of the law, which banned collective bargaining rights for most government employees, infringed on rights of free speech, freedom of association and equal protection.
Only municipal and school district workers, not state workers, were affected by Colas’ ruling.
Shortly after Colas’ ruling, Attorney General J.B. Van Hollen filed for an appeal and asked for a stay on the decision so that the law would continue to be enforced until a decision on the appeal is made. In the appeal, Van Hollen wrote it would suffer from irreparable confusion and budgeting problems if the law, which has been in effect since June 2011, were suddenly void.
But Colas wrote in his decision Monday the state has “failed to show that there is an irreparable harm to them that favors a stay,” adding that “Even a temporary infringement of fundamental rights of speech and association protected by the Constitutions is an irreparable harm.”
It is unclear when a ruling on the state appeal of Colas’ decision will be made.
