March 18, 2011- Wisconsin judge issued a temporary restraining order Friday halting the state's controversial budget repair law that curbs the union power of most public employees, the Dane County district attorney's office said.
Gov. Scott Walker, who championed the measure and signed it into law last week, said he was confident the initiative would eventually prevail in the court system, a spokeswoman said.
"This legislation is still working through the legal process. We are confident the provisions of the budget repair bill will become law in the near future," Cullen Werwie, the governor's press secretary, said in a statement.
Wisconsin Senate Democrats said the law, which reduces the collective bargaining rights of most state employees, is an attack on workers and filed a complaint with the Dane County district attorney, claiming that the Senate's Republican-led vote violated Wisconsin's open meetings law.
The ruling by Dane County Judge Maryann Sumi came in response to a lawsuit filed by District Attorney Ismael Ozanne, charging a violation of the law. Ozanne, a Democrat, was appointed last year by then-Gov. Jim Doyle, also a Democrat.
In the lawsuit, Ozanne alleges that the joint committee of conference, which resolves differences in legislation passed by the Senate and assembly, failed to give a 24-hour public notice of its March 9 meeting despite the objection of state Rep. Peter Barca, D-Kenosha.
The judge's order enjoins Wisconsin Secretary of State Douglas La Follette from publishing the new law "until further order of the court," according to court documents.
Sumi invoked a colorful analogy in her written decision, saying the legislators' failure to provide timely notice prior to the meeting wasn't a minor detail.
"Those few of you who may have seen the Super Bowl know that there was a much-photographed guy with a cheesehead, and it said 'owner' on it," she wrote. "And of course, we all know what that refers to, the fact that the Green Bay Packers are publicly owned. It's a heartwarming moment to see that, but in fact, it states that we in Wisconsin own our government. We own it. And we own it in three ways.
"We own it by the vote. We own it by the duty to provide open and public access to records, so that the activities of government can be monitored. And we own it in that we are entitled by law to free and open access to government meetings, and especially governmental meetings that lead to the resolution of very highly conflicted and controversial matters," Sumi wrote.
Stephanie Bloomingdale, secretary-treasurer of the Wisconsin AFL-CIO, praised the ruling.