September 19, 2013
Dane County Judge Juan Colas has once again made claims that Act 10 is unconstitutional and has now said that his decision is “binding.” Given Colas’ opinion, that would mean that Act 10 does not apply to public workers, including those at local school districts. Wisconsin Institute for Law and Liberty President Rick Esenberg disagrees with Colas, however.
Esenberg says that state and local public employees are not bound by the decision because they were not parties to the case before Judge Colas. “Here’s the problem – or at least one of them. Municipal employers throughout the state – cities, counties and school districts – were not parties to the case before Judge Colas. Unless one can argue that they are “in privity” with the state defendants (not at all self-evident), they are not bound by his decision,” Esenberg wrote.
He outlines all of his objections to Colas’ claims in a post on RightWisconsin.com, which can be seen here.