A Dane County judge ruled on Wednesday provisions of Wisconsin’s 2011 Act 10 law that curb collective bargaining rights for public sector unions are unconstitutional, allowing a lawsuit challenging the controversial law to move forward.
The decision comes just a month after Dane County Circuit Court Judge Jacob Frost heard oral arguments in a lawsuit challenging the law, signed by former Republican Gov. Scott Walker, that eliminated collective bargaining rights and capped wage negotiations for most public sector workers in Wisconsin.
In November, several unions representing public employees filed a lawsuit challenging Act 10, citing workplaces facing low wages, staffing shortages and poor working conditions.
The lawsuit further argued the law’s distinction between “general” and “public safety” employees violates equal protection guarantees in the state constitution.
While “public safety” employees, such as police and firefighters, were untouched by the law, Act 10 gutted collective bargaining rights and placed caps on wage negotiations tied to inflation for “general” employees — which encompassed a majority of Wisconsin’s public sector unions.
In his ruling, Frost said he believes portions of the law are “unconstitutional and void” and violated the right to equal protection under the law for public employees in the state.
Lawyers representing the GOP-controlled state Legislature and the Wisconsin Department of Justice argued for the case to be dismissed, citing the upholding of the law after extensive litigation as it has withstood previous challenges.
“Act 10 has been found legal and constitutional against multiple state and federal court actions for close to 15 years,” Senate Majority Leader Devin LeMahieu, R-Oostburg, said in a statement Wednesday. “This is yet another example of courts legislating from the bench.”
Frost ruled on the Walker-era law despite having signed a petition to recall Walker in 2011. In the past, judges have faced calls for recusal in cases involving the Walker administration for having signed the recall petition.
Ultimately, it is likely the fate of Act 10 will be up to the Wisconsin Supreme Court.
Anna Kleiber is the state news editor for The Daily Cardinal. She previously served as the arts editor. Anna has written in-depth on elections, legislative maps and campus news. She is an intern with WisPolitics and a summer intern with Madison Magazine. Follow her on Twitter at @annakleiber03.
