Wisconsin Court of Appeals Hears from WCADV in Milwaukee Sick Pay Case

The Wisconsin Court of Appeals has accepted an amici curiae brief (amici curiae means friends of the court) filed by the Wisconsin Coalition Against Domestic Violence (WCADV), the Wisconsin Coalition Against Sexual Assault and the National Partnership for Women & Families, urging the court to overturn Milwaukee County Circuit Court Judge Thomas Cooper's ruling that invalidated the Milwaukee Sick Pay Ordinance. The ordinance would have allowed workers in Milwaukee paid time off of work to recover from illness, to care for a sick family member or to take preventative action for domestic violence and sexual assault, such as seeking a restraining order or relocating.

The legal dispute originated after Milwaukee voters overwhelmingly voted in favor of the Ordinance. The Metropolitan Milwaukee Association of Commerce (MMAC), which campaigned against the victim and employee protection measure, challenged its validity in court. When Judge Cooper ruled in MMAC's favor, 9to5 National Association of Working Women, a proponent of paid sick days, appealed.

While he rejected most of MMAC's arguments, Judge Cooper struck down the ordinance because he held that the sections dealing with sexual assault and domestic violence were not sufficiently related to public health objectives. In their submission to the court, the organizations refute this conclusion. The brief draws on public health research and the experiences of local victim service providers that demonstrate that seeking restraining orders and relocating improve the safety and long-term health of victims.

"Domestic violence and sexual assault have long been recognized as major public health concerns," said Jeanie Kurka Reimer, Executive Director of WCASA. "It only makes sense that the Milwaukee Sick Pay Ordinance would have included specific language to allow victims to take preventative actions."

Leading medical organizations, like the American Medical Association, recommend referral for patients experiencing abuse to programs offering legal and other advocacy services.

"Wisconsin's local victim service providers work everyday to help victims relocate and seek legal protection,” said Patti Seger, Executive Director of WCADV. "From their work, victim advocates know, and medical research confirms, that these services improve victims' health and safety. The appellate court should not allow the lower court's contrary reasoning to stand."

The brief argues that more is at stake in the appeal than an abstract argument about how domestic violence and sexual assault should be legally categorized.

"Especially in this economic climate, victims stay in abusive environments because they lack the financial security to obtain safety," Seger continued. "Once it is implemented, the Milwaukee Sick Pay Ordinance will give victims latitude to take potentially life-saving actions, while not losing the income they need to survive free from abuse. If the court does not restore this protection, many victims will lose their jobs, become homeless and return to abusers, continuing the cycle of trauma and violence."

The victim advocacy organizations say it is unfortunate that the judge's misunderstanding of domestic and sexual violence caused him to eliminate sick pay for all of Milwaukee workers. WCADV and WCASA were joined on the brief by the National Partnership for Women & Families, which works to advance workers' rights to sick pay and leave.

“Paid sick days are a basic labor standard that are essential for families and public health and are good for business,” said Debra Ness, President of the National Partnership for Women & Families. "Milwaukee voters understood that, and we hope that the court does as well."

End of Year Update

As we head into the final portion of the legislative session, here is an update on the status of key legislation related to domestic violence and sexual assault.

First and foremost, the Governor recently signed the Victim Fair Housing Act into law, as 2009 Wisconsin Act 95. The Act will prohibit housing discrimination on the basis of one's status as a victim of domestic violence, sexual assault and stalking. The legislation also provides an eviction defense for victims of domestic violence, sexual assault and stalking in certain situations. The law will take effect on December 29, 2009. Please call Tony Gibart, WCADV Policy Coordinator, at 608.255.0539 if you have questions about the new law.

Two bills that have already passed in the Assembly received hearings in the Senate this week. Assembly Bill 410 will criminalize violations of the 72 hour no-contact condition that applies when an individual is arrested under Wisconsin's domestic abuse statute. Currently, because of a loop-hole, police have little power to enforce the no-contact condition. Assembly Bill 419, the Sexual Assault Victim Privacy Protection Act, is a comprehensive bill to protect survivors' privacy in the legal system. Senator Taylor, chairwoman of the Senate Judiciary Committee, has said that passage of these bills should be a priority.

The Lock Out Abusers Act, has passed in the Assembly and out of the Senate Housing Committee. It is awaiting final Senate action.

The Wisconsin Gender Hates Crimes Act received a hearing in both the Assembly and Senate. Legislators will advance the bill in January. The Wisconsin Gender Violence Act will receive hearings early in 2010.

Finally, momentum is gathering behind the Domestic Violence Homicide Prevention Acts. Both bills, which will improve enforcement of current laws and keep guns out of the hands of domestic abusers, should receive a hearing when the legislature reconvenes in the new year.