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No stay on Act 10 ruling


MADISON, WI (WSAU) -  As many expected, a Dane County judge has not granted a Motion to Stay in the ruling that declared parts of Wisconsin Act 10 unconstitutional. Attorney General J.B. Van Hollen filed that motion September 14th after the Honorable Juan Colas ruled that parts of Act 10 violated school and local employees’ constitutional rights to free speech, free association and equal representation. He based his decision on Act 10 capping union workers’ raises but not those of their nonunion counterparts.

The Madison teachers union that sued the state and Attorney General Van Hollen both believe they will win in the appeals process. Van Hollen asked for the stay of Judge Colas’ ruling to prevent chaos while the appeal process moves on. Colas said the state, “failed to show that they will suffer irreparable harm if the stay is not granted.”

The decision from Judge Colas opened a window of opportunity for unions, schools and local governments to restart bargaining sessions. Many employers declined to reopen contract talks. Others including Madison teachers acted quickly to get new contacts while the ruling is at least for now in their favor, knowing the issue will continue to be tied up in the courts.