Dane County Judge Blocks Act 10

Published on: 9/17/2012

Last Friday, Dane County Judge Juan Colás struck down key portions of Act 10, also known as the budget repair bill.  With the decision, Judge Colás becomes yet another member of Dane County Circuit Court to strike an act from the duly-elected Legislature and Governor.

The challenge, brought by union representatives from Madison and Milwaukee, is expected to be appealed.  At issue is whether Act 10 violates the plaintiffs’ rights of free speech, association, and equal protection, whether it violates the Home Rule Amendment in the Wisconsin Constitution, and whether it is an unconstitutional impairment of contract.

Last year, Dane County Judge Maryann Sumi also overturned Act 10, claiming the approval of the law violated the state’s open meetings law.  That decision was then overturned by the Wisconsin Supreme Court.

Judge Colás’ full decision may be read here.