Copy of Judge's Restraining Order to Open Capitol

[Skip_In_Boulder]

As far as I can tell the Capitol is still not open. Anyone got any different news on that?

EX PARTE TEMPORARY RESTRAINING ORDER
Case No. 11 CV 990

WISCONSIN STATE EMPLOYEES
UNION, AFSCME COUNCIL 24,
AFL-CIO, et al
Petitioner

vs.

STATE OF WISCONSIN and MICHAEL
HUEBSCH, et al
Respondent



Based upon the Petition for Temporary Restraining Order and Temporary Injunction filed on February 28, 2011 and the attached affidavits;

IT IS HEREBY ORDERED that Respondent shall open the Wisconsin Capitol to members of the public during business hours and at times when governmental matters, such as hearings, listening sessions and court arguments are being conducted.

This ex parte restraining order is in effect until the assigned trial court is able to schedule a hearing on the matter. If Respondent wishes to have a hearing with respect to this Order one will be scheduled as soon as possible before this court, the duty judge, if the assigned trial court is unable to hear the matter promptly.

Petitioners shall immediately serve a copy of this Order on Respondent.

Dated this 1st day of March, 2011

BY THE COURT:

Daniel R. Moeser, Judge
Circuit Court Branch 11
Duty Judge



Filed March 1 2011
State of Wisconsin
Circuit Court for Dane County

http://www.wbay.com/Global/story.asp?S=14164642

[kenny blankenship]

1. Maybe Gov. Walker needs a visit from some State Troopers to make sure he sees a copy of this?

[Skip_In_Boulder]

2. The latest news I have is

The have and are aware of this court order but are trying to get a hearing on it and not opening the Capital in the interim. The goal being to have the Capitol closed for Scott to be able to give his budget speech at 4:00 (CST) without having to face the public wrath.

[Keefer]

3. I see trouble here...

In the order, it says "IT IS HEREBY ORDERED that Respondent shall open the Wisconsin Capitol to members of the public during business hours and at times when governmental matters, such as hearings, listening sessions and court arguments are being conducted."

Does that mean after hours, when no business is being conducted, the Capitol must be closed, and everyone must leave?

[TorchTheWitch]

4. the Order means exactly what it says

Since it doesn't say it must be closed and everyone must leave when no business is being conducted then it can be either open or closed at that time. The court is only making a ruling concerning when it must be open to the public.

[Keefer]

5. Thank you...

for that. I'm not a great legal mind... :-)

[TorchTheWitch]

6. Rulings can't be wishy-washy

They can only mean exactly what they say in the Order. And they're that way precisely for reasons you were worried about.

If a judge makes a ruling that red pants can only be worn on Tuesdays and says only that in the Order, then it can't be inferred that you must wear red pants on Tuesdays or what other colors of pants are permitted or not permitted to be worn on the other days of the week. Nothing at all other than what exactly the Order says has been ruled can be inferred.

In the WI capitol building ruling, since the judge only made a ruling concerning the business hours of the capitol building, nothing can be inferred concerning the non-business hours. If non-business hours come into question and are put before the court then a separate ruling would need to be made about what is allowed or not allowed during the non-business hours.

Make sense?

[Keefer]

7. Yes...

Makes sense. That's what I was worried about. So it sounds like "after hours," the Capitol is off-limits then...