11-CV-1244 State of Wisconsin ex rel. Ozanne v. Fitzgerald

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Open Meetings
TROs

Publication of 2011 Wisconsin Act 10 is enjoined.

“The petitioner District Attorney must demonstrate, first, that there was a violation of the Open Meetings Law. Secondly, the District Attorney must show that the appropriate remedy is the voiding or nullification of the action that was taken by the governmental body at issue here.”

“Was there a violation of the Open Meetings Law? The statute providing for notice of public meetings, §19.84(3), states that, ‘Public notice of every meeting of a governmental body shall be given at least 24 hours prior to the commencement of such meeting unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than two hours in advance of the meeting.’”

“There is a longstanding presumption that a meeting of a governmental body will be open. The burden of proof to show that an exemption applies is on the person seeking the exemption.”

“Wisconsin Statutes §19.87(2) provides that ‘no provision of the Open Meetings Law which conflicts with a rule of the Senate or Assembly or joint rule of the legislature shall apply to a meeting conducted in compliance with such rule.’ Neither party has cited any rule that would have overridden the clear provisions of the notice requirement in §19.84.

Injunction granted.

11-CV-1244 State of Wisconsin ex rel. Ozanne v. Fitzgerald

Sumi, J.

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