February 12, 2016

Judge rejects request to put Act 10 ruling on hold

A Dane County judge is refusing to stay his decision that overturned portions of Governor Walker’s controversial collective bargaining legislation.

The state had asked Judge Juan Colas to stay his decision in a lawsuit that found portions of Act 10 unconstitutional. The state is appealing and argued the ruling should be put on hold to prevent confusion. The judge rejected that argument Monday, saying the state failed to show irreparable harm if his ruling remained in place.

Judge Colas also noted that keeping provisions of the collective bargaining law in place after he ruled them unconstitutional could actually cause harm to public employees. The judge said it could be seen as a continued violation of their rights, noting some of the unions have contract negotiations coming up next year.

A spokeswoman for the Department of Justice says the state will now likely ask the court of appeals to stay the decision.

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