 | Freedom In The Docket
Iowa County Bond Issue Members of the Iowa County (Wis.) Board of Supervisors approved a $6.477-million building to house the county's Department of Social Services in October 2009. The predicament faced by Iowa County taxpayers caught the attention of First Freedoms Foundation General Counsel Mike Dean, who was asked by Concerned Citizens of Iowa County to represent them in a legal action opposing the sale of $6.1 million of general obligation county building bonds. Concerned Citizens does not oppose improved facilities, but perhaps there are better ways to find alternative facilities than to put an already struggling county and its taxpayers deeper in debt. Freedom Note dated January 23, 2010 Wisconsin Family Action v Gov. Jim Doyle First Freedoms Foundation is challenging Chapter 770 of the Wisconsin Statutes, the new same-sex domestic partnership law authoried and signed into law by Gov. Jim Doyle in teh 2010-11 state budget. General counsel Mike Dean, lead counsel Rick Esenberg, and Alliance Defense Fund attorneys Austin R. Nimrocks and Brian Raum are representing president Julaine Appling and fellow board members of Wisconsin Family Action (WFA). On June 23, 2009, they filed a petition in the Wisconsin Supreme Court asking the court to accept an "original action" to resolve as soon as possible critical constitutional issues affecting the entire state. On November 3, 2009, the Wisconsin Supreme Court issued an order denying the original action petition. The action may now be brought in circuit court and we are preparing our next steps to protect and uphold the constitution and the will of Wisconsin's voters. Wisconsin Family Action Press Release dated November 4, 2009 Wisconsin Family Action Petition filed July 23, 2009 Wisconsin Family Action Press Release dated July 23, 2009 Wisconsin Same-Sex Domestic Partnership Law, Wisconsin Statute Chapter 770 French Out-of-Wedlock Birthrate Shows Impact of Marriage Substitutes The Sharp Increase of Non-Marital Births in the Netherlands Needs Some Explaining Hands Off Our Land! First Freedoms Foundation is working with Americans for Prosperity Wisconsin Chapter ("AFPWI") in a state-wide effort to educate local governments and develop strategies to protect those rights. Land use attorney Fred Kelly Grant of Stewards of the Range, has developed a coordination strategy for use by state and local governments opposing federal efforts to control local land use. Mr. Grant, AFPWI, and First Freedoms Foundation have drafted a model resolution for adoption by Wisconsin municipalities asserting their right to "coordinate" with county, state and federal agencies and government in any effort to impose comprehensive land use planning. Nasir Khan & Judy's Red Hots Nasir Khan thought he was buying a simple hot dog stand when he leased Judy's Red Hots at 27th & Kilbourn in Milwaukee. He may instead have bought into a fight with local politicians that could prove to be a landmark economic liberty case. One of those local politicans is Alderman Robert J. Bauman, the 4th District Alderman in the City of Milwaukee, Wisconsin. Alderman Robert Bauman's contact information: Work Address: City Hall, Room 205, 200 E. Wells St., Milwaukee, WI 53202. Work Phone Number: (414) 286-2221. Work E-mail Address: rjbauma@milwaukee.gov Press Release Issued by First Freedoms Foundation re Milwaukee Man in Economic Liberty Case. Gresbach v Michael C. , U.S. Supreme Court, Case No. 08-220 First Freedoms Foundation (FFF) represents plaintiffs Michael and Cherita C. and their minor children, in the Michael C. v. Gresbach case. The defendants are Dana Gresbach, a case worker for the Bureau of Milwaukee Child Welfare ("the Bureau"); Denise Revels Robinson, director of the Bureau of Milwaukee Child Welfare; and Helene Nelson, Secretary of Wisconsin Department of Health and Family Services. Michael C.'s children attend a private Christian school in Milwaukee. On February 9, 2004, Gresbach made an unannounced visit to the school to interview the children. She was following up on a claim made by Yvette Harris, Michael C.'s son's aunt and sister of Michael C.'s son's biological father, Ismaa'eel Abdur-Rahim, that Michael was physically abusing the children. Gresbach informed the school's principal, Cheryl Reetz that no permission from Michael or Cherita was needed, and that Reetz could not be present during the interviews. Gresbach spent between five and ten minutes interviewing each child. During the interviews Gresbach strip searched both children and found that "no marks or scars were observed." Gresbach later stated in a deposition that child custody disputes frequently spill over into allegations of child abuse by the non-custodial parent. The Fourth Amendment of the U.S. Constitution states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". The warrantless, non-consensual physical examinations of the children were clearly unconstitutional. This case presents fundamental issues of the constitutional rights of families to be free from unwarranted intrusion by government social workers exercising unbridled discretion to strip search children under the guise of investigating child abuse allegations. In a prior case, titled Doe v. Heck, the U.S. Seventh Circuit court emphatically settled the question of the constitutionality of searches and seizures at private schools when it held, "It is patently unconstitutional for government officials to search the premises of a private or parochial school and/or seize a child attending that school without a warrant or court order, probable cause, consent, or exigent circumstances." The law is settled that Gresbach did not have authority to conduct a strip search absent independent informed consent. No such consent was obtained. Therefore, the strip searches of Michael C.'s children were unconstitutional as a matter of law. Michael C. v Gresbach - Eastern District Court Decision On May 19, 2008 the 7th Circuit Court of Appeals issued a decision in favor of Michael C. - Michael C. v Gresbach 7th Circuit Court of Appeals Decision Listen to oral arguments before the 7th Circuit Court Gresbach v Michael C. - Response Brief, U.S. Supreme Court, Case No. 08-220 Siefert v. Alexander et al. , West. Dist. Case No. 08-C-0126-C FFF is collaborating with Attorney James Bopp representing Judge John Siefert. We have filed suit in federal court against the Wisconsin Judicial Commission to enjoin enforcement of judicial canons which deny judicial candidates' rights of speech and association in identifying with political parties. Preliminary Injunction Memorandum February 17, 2009, Western District Court of Wisconsin Order Granting Summary Judgment Swaffer v. Deininger, et al. , East. Dist. Case No. 08-C-0208 FFF is collaborating with Attorney James Bopp representing a Wisconsin citizen who wants to spend a small amount of money to mail postcards informing his neighbors about a local referendum placed on the ballot by the township supervisors. Under Wisconsin campaign finance law, anyone spending over $25.00 or donating $100.00 for such an effort must register with the Government Accountability Board, open a separate bank account, appoint a treasure, and disclose donors' identity and personal information. In 2006, a citizen from the same township was threatened with criminal prosecution when he mailed similar communications without registering. The statute operates to benefit large organizations and political insiders by intimidating and burdening ordinary citizens and community organizations who wish to communicate with their fellow citizens. We have filed suit in federal court against the Board to enjoin enforcement of the statute which unreasonably burdens and denies the political and free speech rights of ordinary citizens. The case is pending in district court. Preliminary Injunction Memorandum On March 20, 2008 the court granted a preliminary injunction which can be read in the link below. Press Release regarding PI Order Letter to Waukesha county DA regarding Elmbrook School District Referendum Helgeland v. DETF , Wis. App. No. 2005 AP 002540 In 2005, the ACLU brought an equal protection suit against the Wisconsin Dept. of Employee Trust Funds seeking declaration that same-sex couples are the substantial equivalent of married couples. The ACLU carefully strategized so that the only defendants were boards controlled by Gov. Jim Doyle and represented by Attorney General Lautenschlager, both of whom were strong political allies. The attorney general mounted the weakest possible defense, moving for judgment on the pleadings based on a 1992 court of appeals case. That strategy ensured that the case would reach the Wisconsin Supreme Court without any evidentiary record to support a rational basis review. First Freedoms Foundation (FFF) represents 8 Wisconsin municipalities and school boards who were not parties but are trying to intervene to defend and introduce evidence supporting the legislative definition of marriage. The Municipalities were denied intervention in the circuit court and court of appeals, but the Wisconsin Supreme Court granted our petition for review. FFF General Counsel argued the case before the supreme court on October 03, 2007. A decision was handed down Febuary 07, 2008. The court ruled against the Municipalities 4 to 3. You can read FFF's Press Release on the decision here. You can watch the court proceedings at WisconsinEye.com. You can read the Court's Decision here. Johnson v. Burmaster , Wis. App. No. 2006 AP 1380 In 2004, the state teachers union WEAC and Department of Public Instruction (DPI) sued the Northern Ozaukee School District seeking to close Wisconsin Virtual Academy (WIVA) a virtual charter school operated by the District. The District provides technology and curriculum through a contract with K-12, a private education provider. First Freedoms Foundation (FFF) successfully intervened to represents school parents and children. WEAC and DPI argue that parents are in WIVA without certification and that certified teachers are engaged in synchronous teaching with students only 5% of the day. FFF argued that certification is a floor telling what public schools and teachers must do, not a ceiling telling what parents may not do it can possibly be illegal for parents to be involved too much. WEAC and DPI admitted that they have no minimum standards for what certified teachers must do in public schools, either conventional or virtual, and also admitted that they have no standards or data on synchronous instruction and have never commissioned studies or proposed standards. FFF won at trial court. WEAC and DPI won at the court of appeals. A petition to review is pending before the Wisconsin Supreme Court. The negative appellate decision generated so much concern that the Wisconsin legislature is currently working to amend the statute so that WIVA and virtual schools across Wisconsin continue to operate. Read the Amicus Curiae Brief of the Wisconsin Coalition of Virtual School Families Inc. filed at trial in 2005. Read the Department of Public Instruction opening brief filed in mid-2006. Read the Amicus Curiae Brief of the Wisconsin Coalition of Virtual School Families Inc. filed for the appeal in 2006. Read the Appellate Brief submitted November 6, 2006. Read the Department of Public Instruction reply brief filed in early 2007. Read the article Michael D. Dean (General Counsel for FFF) wrote in School Reform News posted on The Heartland Institute website. Read the Court of Appeals Decision (December 5, 2007) Read the Open Letter Michael Dean wrote in response to the Court of Appeals decision to defund virtual schools. After the decison by the Court of Appeals, families of virtual schools voiced their dissent. As a result, the legislature took a leadership role by drafting legislation that would save virtual schools from the Court of Appeals' order to defund them. On April 7, 2008, Govenor Doyle signed Act 222 which allowed virtual schools to continue operation with an enrollment cap of 5250 students and program audits. Read Act 222 Read "Doyle OKs Aid For Virtual Schools" (Milwaukee Journal Sentinel April 7, 2008) Read "Our Long Virtual Nightmare is Over" by Mike Dean Bhandari v. Nilsestuen , Dane County Case No. 2007 CV 2226 First Freedoms Foundation (FFF) is working with Institute for Justice (IJ)representing Raj Bhandari, a service station owner from Merrill, Wisconsin. Raj came to the United States from India pursuing the American dream. He bought to service stations and was succeeding because he worked hard, developed creative customer loyalty programs, and sold for less than the competition. But his competitors reported him to the Wisconsin Dept. of Consumer Protection, which threatened him with fines and penalties for violating the state Minimum Markup Law which requires service station owners to mark up gasoline over 8% above the purchase price. IJ and FFF sued the Department to protect Raj's freedom to make a living and compete. The case is pending. Steiger v. Lord-Larson , West. Dist. Case Number: 05-C-0700-S Working with Alliance Defense Fund, First Freedoms Foundation (FFF) represented Resident Assistant (RA) Lance against the University of Wisconsin at Eau Claire. The University imposed a policy prohibiting RA's from leading voluntary Bible studies even in their own dorm room. The University settled the litigation and withdrew the policy. Gove V. Petty , Wis. App. No. Case No. 2005 AP 00233 In this case, an Amish mother lost custody of her Amish daughter to the non-Amish birth father, even though the daughter had lived with her mother in an Amish community for most of her life and had internalized the Amish religion and way of life. The trial judge ruled life in public schools and secular culture was in her best interest because such participation in popular culture was necessary for her to have a proper relationship with the birth father. First Freedoms Foundation (FFF) represented the National Committee for Amish Religious Freedom, filing an amicus brief supporting the mother's appeal. The court of appeals reversed, holding that nothing in the record demonstrated that an education in violation of the daughter's beliefs was necessary for her best interests. Bartz v. Savage , Wis. El.BD.Cplt. 06-23 Madison atheists filed a complaint with Wisconsin Board of Elections, alleging that a Madison church and it pastor illegally advocated for passage of the Wisconsin Defense of Marriage Amendment in 2006 without first registering with the board. First Freedoms Foundation (FFF) filed a response raising constitutional defenses but admitting that the church exceeded the $25.00 statutory limit by $6.62. Had the Board ruled against the church, it would have set the stage for a constitutional challenge of state election law. However, the Board dismissed the complaint. Duwe v. Alexander , West. Dist. Case Number: 06-C-0766-S First Freedoms Foundation (FFF) general counsel Mike Dean assisted Attorney Jim Bopp of Indiana in this case on behalf of Wisconsin Right to Life (WRTL). WRTL brought a federal action against the Wisconsin Judicial Commission to enjoin enforcement of judicial canons which prohibit judicial candidates from commenting on prospective cases and issues. We lost a preliminary injunction on procedural (standing) issues, and have since amended our complaint to address those issues. You can read the Court's decision on U.S. District Court - Western District of WI website. AFBO v. Bablitch, et al. , West. Dist. Case No. 06-C-0175-S The State of Wisconsin facilitates charitable donations by its employees through the "combined charitable campaign." The state allows employees to check off donations from their paychecks to approved non-profit organizations. However, the Dept. of Administration organized an unofficial committee which decided which groups were permitted to participate in the program and which were not. Christian Legal Society and First Freedoms Foundation (FFF) represented several religious organizations which were excluded by the employee committee. The committee had created its own policy that no organization could participate which required its directors and key employees subscribe to a statement of faith. The religious organization won a summary judgment decision, and are now permitted to participate in the program. Christian Legal Society v. Walker , 7th Cir. Court of Appeals, Case No. 05-3239 First Freedoms Foundation (FFF) worked with Alliance Defense Fund on an amicus brief supporting the Christian Legal Society (CLS) chapter at the Southern Illinois University law school. The school denied CLS certification as student organization because it was religiously "exclusive." The 7th Circuit reversed the district court, holding that CLS was entitled to certification. Hinrichs v. Bosma , 7th Cir. Court of Appeals, Case Nos. 05-4604 , 05-4781 First Freedoms Foundation (FFF) assisted Notre Dame law professor Gerry Bradley with filing an amicus brief in support of the speaker of the Indiana assembly who was ordered by the Indiana district court to prohibit volunteer ministers from opening legislative sessions with prayer in the "name of Jesus." The court actually prescribed language for constitutionally permissible prayers to a generic, non-descript god. The 7th Circuit reversed the district court, permitting the prayers to continue. |
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