Protesters Rally in Wisconsin After Anti-Union Law Published

[iwishiwas]

Source: NYTIMES





March 26, 2011
Protesters Rally in Wisconsin After Anti-Union Law Published
By REUTERS

MADISON, Wis (Reuters) - Opponents of a bill stripping Wisconsin public employees of most of their collective bargaining rights rallied at the state Capitol on Saturday, the day after a state agency published the measure despite an order barring such a move.

Republican supporters of the measure said the action by the state's Legislative Reference Bureau (LRB), which published the bill electronically on Friday, was legal and meant the controversial anti-union measure was now in effect.

But Democrats insisted the temporary restraining order (TRO) on publication issued last week by a judge remained in effect and rendered Friday's publication by the LRB moot.

The move injected fresh controversy into the debate here over the measure, which overturns a 52-year-old state policy encouraging public-sector unionism and has sparked massive demonstrations in Madison, the state capital, for weeks.

Peter Barca, the top Democrat in the state Assembly, said he had consulted with attorneys at the Wisconsin Legislative Council (WLC), a separate nonpartisan legislative agency, and had been assured the measure would not be deemed legally published without further action by Wisconsin's secretary of state.

Legal publication of the legislation is required for it to go into effect.

Read more: http://www.nytimes.com/reuters/2011/03/26/us/politics/politics-us-wisconsin-law.html?hp

---

Peter Barca, ---he has stood with the common folks of WI.

[Ed Suspicious]

1. Keep it going!

heading down this afternoon with family in tow. Gonna remind the rethuglicans we aren't going away and we are still watching.

[oldhippydude]

4. please let us know

it seems to be fading from the grid..get some pics if no one else covers.. there are a whole lot of us out here, that don't want the story to fade!!

[eowyn_of_rohan]

34. TUESDAY's court hearing will attract a good crowd

I will attend this one:


When Tue Mar 29 8am – 11am Central Time
Where Dane County Courthouse, 215 South Hamilton Street (map)

Pack the Dane County Courthouse
Wisconsin Resists: Stop "Dictator" Walker: Pack the Courthouse & Kill the BIll!
Wisconsin Resists, a new coalition formed to stop Scott Walker's agenda, is calling for a rally at Dane County Courthouse at 8:30AM on Tuesday, March 29, Dane County Judge Maryann Sumi was right to issue a restraining order on the publication of the Budget Repair Bill. Scott Walker broke the law in ramming through this bill. As Judge Sumi has written: "The failure to provide timely notice before a meeting... It's not a minor detail."

[gadjitfreek]

2. The recall HAS to work.

This is a totalitarian grab of power by the Republicans, who don't give a rat's ass about the law unless it somehow allows them to stop others from doing what they want. These contemptible cretins at the Wisconsin capitol need to be lowered into a vat of concentrated lye, boiled and turned into soap...that's the only thing that will clean up their act.

That'll learn Wisconsin to elect corporate puppets in the future. Then again, who runs? Those with corporate backing. The regular person has zero chance of making a difference.

[Lifelong Protester]

3. Hey repubs, keep playing out that rope, why don't ya?

[L. Coyote]

10. Wisconsin Statutes: Violation of state statute 946.12 is a Class I felony.

Wisconsin Statutes: Violation of state statute 946.12 is a Class I felony.

http://law.justia.com/codes/wisconsin/2010/946/946.12.html

946.12
Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class I felony:

946.12(1)
(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law; or

946.12(2)
(2) In the officer's or employee's capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity; or

946.12(3)
(3) Whether by act of commission or omission, in the officer's or employee's capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or

946.12(4)
(4) In the officer's or employee's capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies; or

946.12(5)
(5) Under color of the officer's or employee's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law.

http://www.gjs.net/946-12ss.htm

[L. Coyote]

12. Acts. 35.095 = " "Date of publication" means the date designated by the secretary of state ... "

35.095  Acts.

35.095(1)
(1)  Definitions. In this section:
35.095(1)(a) "Date of enactment" means the day on which a bill becomes an act through approval by the governor, passage over the governor's veto or failure of the governor to act on it or the day on which a portion of a bill which has been vetoed in part is enacted over the governor's partial veto.
35.095(1)(b) "Date of publication" means the date designated by the secretary of state under sub. (3).
35.095(1)(c) "Working day" means each day except Saturdays, Sundays, and federal and statewide legal holidays designated in s. 995.20.

35.095(2)
(2) Numbering.
35.095(2)(a) Each act of a session shall be numbered consecutively commencing with one. An act enacted by the governor's approval shall be numbered by the governor at the time of approval. An act enacted either by passage over the governor's veto or by the governor's failure to act upon it within the time limit shall be numbered immediately by the chief clerk of the house of origin.
35.095(2)(b) The person numbering an act under par. (a) shall note on it the date of enactment and shall deposit it in the secretary of state's office no later than the next working day following its enactment.

35.095(3)
(3) Publication.
35.095(3)(a) The legislative reference bureau shall publish every act and every portion of an act which is enacted by the legislature over the governor's partial veto within 10 working days after its date of enactment.
35.095(3)(b) The secretary of state shall designate a date of publication for each act and every portion of an act which is enacted by the legislature over the governor's partial veto. The date of publication may not be more than 10 working days after the date of enactment.
35.095(3)(c) Copies of each act or portion of an act enacted by the legislature over the governor's partial veto shall be available on or before its date of publication to subscribers under s. 35.87 who pick up their documents. At appropriate intervals, the officer designated under s. 35.87 shall certify to the secretary of state that each act or portion of an act was available to subscribers on or before its date of publication.

[RBInMaine]

5. Spend less time protesting and more time gathering signatures. Protests don't do much.

Protesting is mostly a waste of time. The time and energy is much better spent out knocking on doors and gathering recall signatures. Then spend the time and energy getting people to the polls to vote the scum out of office.

[Ed Suspicious]

6. Except give us a spot come together and a cause to organize around.

Also keeps the shenanigans of the rethuglicans in the public eye. To say protesting is a waste of time is just wrong. Do you think we'd have this momentum if not for the protesters?

[iwishiwas]

9. Yes, I have been to two smaller protests upstate and we

did collect signatures.

[RBInMaine]

21. Good. Are they all going door to door to do it? THAT is what needs to happen.

[iwishiwas]

23. One did door to door. I stood outside a supermarket.

[RBInMaine]

15. True on both counts, but MUCH MORE energy needs to go into political action. That is what will STOP

the RePUKE shenanigans.

[murielm99]

7. How's that mural thingy going in Maine?

Are the people fighting the removal of the mural wasting their time? No union-busting measures in your state?

[RBInMaine]

18. I never said do nothing, I said do something MUCH more effective than protesting. Read on:

Anyone who's had a Poli-Sci 101 course knows that protests are MINIMALLY effective is creating real change. They are cathartic. They feel good. And they do shine some light on the issues. But unless that energy is translated into real political action, in this case meaning the recall campaign, then it is largely little more than an exercise in individual catharsis. MUCH better to expend that energy and time going door to door, getting the signatures, and then working the ground in the recall elections to get rid of the PUKES. A successful election is much more of an accomplishment than a protest rally. Look at all the protests so far? Did they stop the union-busting bill?

[bread_and_roses]

22. ah yes - the conventional wisdom in the halls of academe...

Right, let's do something real effective - work inside the two-Party system to effect legislative change....like we've been doing for thirty years? How's that going for us?

For starters, and forgetting whether or not putting someone else in office is going to make all that much difference (you might want to talk to us NY'ers about just how great it is to have a D in office) just how much chance do you think a recall effort would have if people had not taken to the streets? Or how long any momentum for it will last if everything goes back to business as usual?

[L. Coyote]

11. More protests mean more signatures. Great place to gather signatures, to be sure, because

you have pre-screened supporters!

[RBInMaine]

16. BUT, get those people out door to door and it multiplies exponentially.

[WhiteTara]

13. Protesting is a waste of time only if

you don't care about the outcome. This sustained protest is being noted in the halls of Madison's capitol building and I'm sure that much organizing is going on face to face among the protesters to spread the movement out to the hinterlands.

I think the sustained non violent protests are now the only way to be effective. It is happening world wide and can have some effect here as well. I see that the Yemini pres is on his way out "with dignity." We just have to be more willing to give it more than an afternoon where a million people come together and get ignored. Next time, bring your tent and sleeping bag along with some food and water. Make sure two people come to take your place when you leave in a week or two.

Gandhi noted
First they ignore you
then they laugh at you
then they attack you
then you win.

[RBInMaine]

19. (Deleted)

[RBInMaine]

20. Have they stopped the union busting law? Spend the energy on the recall campaigns. MORE EFFECTIVE.

[Doctor_J]

36. Wrong

This sustained protest is being noted in the halls of Madison's capitol building

The fascists are marching forward as if the protests never happened. Illegal bills are being enforced. Voters are being purged from the rolls.

First step: Come back from denial.

[WhiteTara]

37. Not only are the people of WI maintaining

the resistance, the recall effort is moving right along. Hopper has enough recall signatures with 45 days to go before the deadline. The other 7 are being worked on at the same time.

The fascists may have claimed victory, but the battle is far from over. Don't you think Ben Ali of Tunisia tried a few tricks before he was forced out? Saleh in Yemen is leaving "with dignity" and his life.

Walker and the pukes are not immune, they may just take a bit longer. Hold on.

Write a letter to the editor about the voter roll purging. It will be a good thing to do. Make others aware of another trick so they can make sure their registration's secure.

[Scuba]

30. Strongly disagree....

The protests, the numbers of people protesting, has had a multiplyer effect with those who don't march around with signs.


The protests here have shown that this is a fight between ordinary people - teachers, nurses, etc - and the corporate takeover artists.

Without the protesters, this is a fight between union thugs and democracy.

[Snoutport]

8. k& R

[russspeakeasy]

14. We need more Peters.

[Tx4obama]

17. It does not matter who 'published' it, the judge's order clearing says that it cannot take affect

SNIP

Most of the debate has been over who's right on this issue of who can pull the trigger, as it were, to make a law go into effect. (See our report for the details of the dispute.) But as we note in our story, the actual transcript of the judge's ruling seems much broader than that.

A transcript of the judge's ruling reads: "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10. The next step in implementation of that law would be the publication of that law by the secretary of state. He is restrained and enjoined from such publication until further order of this court."

I want to be clear that not only am I not an expert on Wisconsin state law but that each of these controversies seems to move the state further into uncharted legal and even constitutional territory. So every judgment must be tentative. But a plain reading of the judge's order suggests a very broad injunction. Not only did she bar the specific modality of implementation. She seemed to enjoin any steps to put the law into effect. "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10." And if that's the case, all these technical questions on who can 'publish' the law seem moot.

SNIP

http://www.talkingpointsmemo.com/archives/2011/03/a_bit_more_detail.php#more?ref=fpblg

[Pharaoh]

24. This is what the Repubs are trying to do

A transcript of the judge's ruling reads: "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10. The next step in implementation of that law would be the publication of that law by the secretary of state

Since they had it published thru another office than the Sec State they think they can get away with it. But they are pissing off a lot of judges.

[Tx4obama]

25. It doesn't matter what the republicans do or try to do ....

The judge said: "I do, therefore, restrain and enjoin the further implementation of 2011 Wisconsin Act 10."

Until she lifts that order, the law will not be valid.

[Pharaoh]

26. Your right

the period at the end of the sentence makes that clear.

Let's see what the fascist Governor does next :party:

I Imagine Judge Sumi is pretty pissed about now,or should be.

[mokawanis]

27. They are issuing citations for signs today

A friend of mine got a ticket today for $205.50 for carrying a sigh on the second floor of the rotunda. Seems the Dept. of Admin. has decided that protestors have to remain on the ground floor of the rotunda. A former atty. general has agreed to represent anyone who gets a citation and the ACLU is tracking all the instances. We hope to have all the citations thrown out by a judge. Walker and his band of thugs are doing everything they can to undermine due process and freedom of speech.

[eowyn_of_rohan]

33. WOW. I had no idea this was happening.

This is Outrageous...

I've been looking for stories about this, but so far have come across only one -
13 minute Video - http://www.rotundaville.us/
"Civil Rights Violation"

March 24, 2011
Protesters showed up on the first floor in the Capitol today holding protest signs, and their signs were taken by Capitol Police.
Capitol police at once point say if you are from out of state or do not have ties to the community they can arrest you...determining they do have ties to the community they issue a citation.

[No Elephants]

39. Self delete. Wrong spot.

[mokawanis]

42. Not much press coverage about this, but

there's a man named "Segway" Jeremy Ryan who's been getting citations daily. You can check video of him on youtube and/or send him a friend request on facebook.

[eowyn_of_rohan]

43. I'm watching now - one was just posted yesterday

If this just happened yesterday it is a good sign - they did not get citations though they were carrying protest signs on the 1st floor (1 up from ground level).

he's with Ben Masel, iconic Madison protester since the 60s.

[mokawanis]

44. Ben's a great guy

Unfortunately he was diagnosed with lung cancer several weeks ago. You probably won't be surprised to hear that he's facing the diagnosis with real courage and insists on going full-steam ahead with his activism.

[eowyn_of_rohan]

45. I had no idea

(choked up) Wow. I can only wish him the very best.

[Snoutport]

28. Anybody know how many showed up? nt

[Scuba]

32. here's video

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x567133

[Scuba]

29. Weather was miserable yesterday (20's, sleet and snow)....

...but Wisconsinites were still there.

Next Saturday 4/2 is just before the election and I expect a massive turnout. Maybe the sun will even show.

Vote JoAnne Kloppenburg April 5th. State Supreme Court !!!

[Scuba]

31. Here's some video...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x567133

[eowyn_of_rohan]

35. TUESDAY - March 29 - Pack the Dane County Courthouse - 8:00 AM

When Tue Mar 29 8am – 11am Central Time
Where Dane County Courthouse, 215 South Hamilton Street

Judge Maryann Sumi will hold a hearing to determine if the violations of the Open Meetings Law were serious enough to void the law.
We need a strong show of public support to show opposition to Walker's contempt for democracy. Let's keep up the pressure to Kill the Bill!

Weather Forecast for Madison - Tues. March 29: Partly sunny, with a high near 41. Calm wind becoming east between 5 and 10 mph.
NOT BAD! ;)

(I'm sure you know this, but for those who may not, many upcoming protest opportunities can be found top right of the page at defendwisconsin.org)

p.s.- Thanks for the great video.

[Scuba]

38. I'll be there. n/t

[No Elephants]

40. "If you are from out of state..." What does the U.S. Constitution say about

a state discriminating against out of staters?

[eowyn_of_rohan]

41. I know - that shocked me too.

haven't had a chance to dig into this yet. It is amazing there is virtually nothing online about this --or these--incident(s) at the Capitol.