Dane Co. judge rules parts of Wisconsin Act 10 regarding public unions 'unconstitutional'

MILWAUKEE, Wis. (CBS 58) --It's been 13 years since a controversial law during former Governor Scott Walker's era has been in place--sparking massive protests and even managed to reshape Wisconsin's political climate.

On Wednesday, June 3, a Dane County judge ruled that parts of Wisconsin's Act 10 law are unconstitutional.  

Act 10 has survived several legal battles over the years. The bill that was signed by then Gov. Walker in 2011, eliminated collective bargaining for most public workers.

It created two classes of public employees: 'public safety' and 'general employees.' Under Act 10, workers like police or fire fighters were classified as 'public safety employees' and had their collective bargaining rights largely unchanged, while all other non-specified public workers, categorized as 'general employees,' were limited.

Unions that represent public employees filed the lawsuit In November 2023.

In his 25-page decision, Judge Jacob Frost stated that, "nobody could provide this Court an explanation that reasonably showed why municipal police and fire and State Troopers are considered public safety employees, but Capitol Police, UW Police and conservation wardens, who have the same authority and do the same work, are not." 

Therefore, Judge Frost decided to rule that part of the act unconstitutional.

On Thursday, CBS 58 News caught up with several elected officials to get their reactions.

"Public safety is more than just law enforcement," said Milwaukee District 11 Alderman Peter Burgelis.

"You're treating one class of public workers differently than other public workers... and that to folks is fundamentally unfair," added Mayor Cavalier Johnson.

The judge concluded that Act 10 "violates their rights to equal protection under the law."

In theory, public-sector unions would now be free to negotiate over any issues, including raises.

"It's a huge win for Milwaukee but we have to get it right," added Ald. Burgelis. "Ever since Republicans took control of the legislature in Madison, Milwaukee has been a punching bag and it's time that the legislature helps Milwaukee."

Some Republicans, however, like State Senator Julian Bradley do not agree with the modifications, adding that supporters of the origina law will likely appeal the decision to the Supreme Court.

"It's survived federal and state challenges, it survived even a public opinion challenge when Governor Walker was recalled, and he won the recall," said Sen. Bradley. "It's unbelievable that an activist judge in Dane County is going to overturn it."