What Can We Learn From Act 10

A legal and class analysis of the Budget Bill with guest speakers Attorney Timothy Hawks and Madison Police Officer and labor rights blogger Brian Austin

flier for immediate distribution [pdf]

Scott Walker’s infamous Budget Repair Bill (Act 10), stripping public employee unions except police and fire of collective bargaining rights, became law on June 29, 2011. What few of us knew back in February 2011, was that the “Budget Repair Bill” was the product of the far-right American Legislative Exchange Council (ALEC).

On June 15, 2011, a number of state unions filed suit in federal court claiming the law was unconstitutional. On March 30, 2012, the court struck down parts of Act 10, ruling that the state cannot prevent public employee unions from collecting dues and cannot require the unions to recertify annually.

Tim Hawks was one of the lead counsels on behalf of the labor unions in federal court. Mr. Hawks will discuss the court’s decision, what it means and what may come next from the legal standpoint.

Officer Brian Austin will discuss the Act 10, its impact on those exempted from its draconian provisions and the importance of resistance. As he wrote in his 1st blog post: “Funny thing about the union-busting provisions of the Budget Repair Bill: it exempted police and fire unions in the state. We can only speculate as to the reasons for this. Perhaps it was political payback for the small number of police and fire unions that actually endorsed him (a small minority of these unions)… Whatever the reason, it backfired on him, and we came out early, loud, and hard against this legislation. Out of this struggle the Cops for Labor movement was born.”

REFRESHMENTS WILL BE SERVED

The Murder of Trayvon Martin and the Tasks of the Progressive Legal Community

A Statement of the Madison Chapter of the National Lawyer’s Guild

The national wave of outrage and protest across the country following Trayvon Martin’s murder represents an important step forward in the struggle for justice in America. At the same time, the fact that local authorities could defend and fail to make an arrest or even a pretense of an investigation of this cowardly act shows how close we are to a full-blown police state in this country

The Florida “stand your ground” law that has provided the “legal” underpinning to killer George Zimmerman’s actions is just one of dozens, even hundreds of similar laws across the country. These laws, either on their face or by way of interpretation by the courts, are moving relentlessly towards the legalized use of deadly force to defend property. Whether it’s the upscale, gated community that Trayvon was merely walking through or it’s the downtown Oakland business district where Iraq War Veteran and “Occupy” protestor Scott Olsen was shot in the head by police, at root is the growing reliance on violence to safeguard the owners of wealth, real estate and the means of production from the increasingly desperate property-less of this country. In Madison, Wisconsin, the official poverty rate now stands at 17.9 %–the “unofficial” reality is far worse. A wildly disproportionate percentage of that misery is borne by African-Americans, single mothers and children.

The progressive and revolutionary legal community—and the National Lawyers Guild in particular—has a distinct obligation to help educate and mobilize the public against laws which sanctify property and sacrifice human rights on an altar of blood and gold. A system that cannot feed, clothe and house the people ultimately turns to violence. We must explain and create strategies to oppose the criminalization of the youth, persons of color, the undocumented and the impoverished. We must move beyond merely filing police excessive force and wrongful death lawsuits –and where we do file such actions, we must insure that they become public platforms to rally the people to support the fight for justice and a new world based on the primacy of human life.

The Madison Chapter of the NLG expresses its deepest sympathies to Trayvon Martin’s family and friends. We demand the arrest and prosecution of the killer, George Zimmerman, along with the Sanford police officers whose conduct was tantamount to that of accessories after the fact, if not accomplices, to murder. We take heart at the outrage and solidarity across racial, geographic and class lines that has unfolded nationwide and call upon the progressive legal community to close ranks, stand with the people and craft a comprehensive strategy aimed at the systemic roots of what has happened.

Newsletter Issue 3 Available

Our latest newsletter, Madison Guild News Volume 1 Issue 3, is available!
Click here to read [pdf]

Patricia K. Hammel: Democracy denied to some at mine debate

NLG Madison member Patricia Hammel’s letter to the editors of the Wisconsin State Journal (also published here):

I attended part of the Assembly debate on the iron strip mining bill last Thursday. During the morning and late afternoon, I saw some of the events described in the Sunday paper’s story on the plans of Sen. Neal Kedzie, R-Elkhorn, chairman of the Senate Select Committee on Mining Jobs, to get some version passed there in the next two months.

However, I did not observe any disorderly conduct by the Red Cliff Ojibwe who was arrested for drumming in the Capitol rotunda during the noon hour. The interaction between him and police can be viewed on YouTube. He clearly did not realize he was doing anything wrong and left the building when asked.

The police overreacted, just as the Assembly leadership overreacted later by removing 40 people, including myself, from the gallery after a few other people displayed signs and one person shouted “fascist.”

It was a terrible day for the citizens of Wisconsin, including the native people who came to express their opposition to stripping protections for our water to permit a gigantic open pit taconite mine near Lake Superior, and another disgusting example of democracy denied.

— Patricia K. Hammel, Madison

THE SUPPRESSION OF “OCCUPY WALL STREET” AND THE TASKS OF THE LEGAL COMMUNITY

We have released statement regarding the suppression of Occupy Wall Street and other Occupy movements nationwide. The statement can be downloaded here [pdf].  Please distribute it widely.

The text of the statement is as follows:

The significance of the violent, pre-dawn, nationally-coordinated, and illegal police assaults on Occupy Wall Street and Occupiers across the country is deep and profound.

The decision of the New York State Supreme Court to overturn a previously obtained temporary restraining order (TRO) permitting evicted Occupiers to return to Zuccotti Park was virtually unsupported by any substantive factual showing of a compelling government purpose. The ruling ignored altogether the legally well-settled issue of symbolic speech in First Amendment jurisprudence. Even after the TRO was issued, New York Mayor Bloomberg, the NYPD and security guards employed by the park’s private owners openly defied the initial court order and attacked those who attempted to return. The disregard of civilian authority by the police is a dangerous harbinger of what lies ahead. The beatings, arrests, and confiscation and destruction of equipment belonging to clearly-identified journalists from mainstream news organizations has left “freedom of the press” in tatters.

The impact of these events extends far beyond the Occupy encampments. Evidence showing direct involvement of the FBI and Department of Homeland Security –without any valid legal basis or legitimate national security justification– in conjunction with at least 18 mayors and their respective police departments amounts to a civil and possibly criminal conspiracy not just to break up the protests, but to bully the American people and ensure their continued domination by the “1%” just as millions are reduced to abject poverty, joblessness and desperation. A system that cannot feed, clothe and house its people ultimately turns to violence.

The response of the majority — of the “99%”– to this crisis is something the progressive and revolutionary legal community can and must help influence. We can no longer confine our role to that of legal observer, technician or “first responder.” Even as we continue these important functions, we must at the same time go beyond and forward to play our part as the legal architects of the new and just society which “Occupy” has so eloquently articulated and envisioned. Here in Madison we have been largely spared the police violence of Wall Street and Occupy Oakland. Yet here, too, is political and economic repression in the form of massive budget cuts and destruction of vital social services; the ban on cameras and placards during sessions of the Wisconsin Legislature; the introduction of “fugitive slave” Arizona-type anti-immigrant legislation, the evisceration of collective bargaining rights and the imposition of voter ID requirements designed to disenfranchise the poorest and least organized among us. The violence of hunger, sickness and homelessness haunt our streets no less than that which was used to crush democracy in the streets of New York.

Thus, in the name of our own community and in defense of the besieged across this country, we in the National Lawyers Guild, Madison Chapter call upon all in our profession to answer the call of the moment: to explain these events to the people; to re-double our efforts to defend all existing legal protections and rights to which we are entitled; and to begin the process of creating a new, revolutionary jurisprudence that will guide us to a just and equitable society.

Interim Board, Madison Chapter, National Lawyers Guild
Contact us at: madisonnlg@gmail.com (We authorize and encourage reproduction and distribution of this statement.)

November 8: OCCUPY AMERICA! with Luis Rodriguez

A Celebration to benefit The Madison Chapter
of the National Lawyers Guild.
(click here for the flyer in pdf format)

Join members of Madison’s progressive legal community, students, workers, and artists to support the newly re-birthed Madison Chapter of the NLG. Light refreshments served, live music, lively conversation, and a reading by Luis Rodriguez!

The award-winning poet, justice fighter and author of “Always Running”- just back from “Occupied Wall Street” – returns to Madison with his new book, “It Calls You Back: An Odyssey through Love, Addictions, Revolutions and Healing.”

Tuesday, November 8, 2011
7 pm: Argus Bar & Grill
123 East Main Street, Madison, WI

Admission: $10*
*Suggested Donation: No One Turned Away

Newsletter Issue 2 Available

Our second chapter newsletter, Madison Guild News Volume 1 Issue 2, is available!  Click here to read [pdf]

The new issue covers recent chapter activities, the Immigration Conference, the #Occupy movement, the battle for democracy in Michigan, and more!

IN SOLIDARITY: OCCUPY WALL STREET! OCCUPY MADISON!

We have released a statement [pdf] of our position on the Occupy movement. The text of our statement is as follows:

The Madison Chapter of the National Lawyers Guild fully supports the historic Occupation Movement that has swept from Wall Street back home to our own Reynolds Park. In many respects, this movement began with the dramatic weeks-long occupation of our own Wisconsin State Capitol and now returns as we continue the battle a world free of poverty; a fair and just society in which the “99%” will no longer be ruled by a tiny minority of billionaires.

In the wake of the mass arrests and brutal response of police in New York, the National Lawyers Guild, along with the ACLU and the Lawyers Coordinating Committee of the AFL-CIO, is facilitating mass defense and deploying legal observers in “occupied territory” across the country.

We in the Madison NLG have issued the call to our members and to pro-democracy lawyers across the state to come to Reynolds Park and other occupation sites in Wisconsin. Over the next few days we will make every attempt to schedule trainings and provide Legal Observers as our resources permit. We hope and fully expect that law enforcement authorities here will preserve and protect the First Amendment rights of Wisconsinites and refrain from the kind of provocations and repression used against peaceful protests on Wall Street.

We are at a turning point in history and the spreading movement for social justice is consistent with the longstanding mission of the National Lawyers Guild—to effect basic structural change; to elevate human rights over corporate private property. To that end, we call upon progressive legal community of Madison to not only “observe” but to come together and help shape the legal underpinnings of a new society, to discuss, debate and craft a transformative revolutionary jurisprudence that will bring closer the goals articulated by this nationwide uprising.

In Struggle,
National Lawyers Guild, Madison Chapter

Social Event October 26th

Social Event
Wednesday, October 26th 5:30 Memorial Union for beer and snacks.

Business Meeting October 17th

UW Law School Monday, October 17th, 5:15-645 Room 3268 with snacks and socialization to follow. You are asked to stay to chat with UW Chapter members for 15 minutes.