Judge's Decision Won't Stop Paid Sick Days

 Milwaukee - Supporters of paid sick days in Milwaukee expressed confidence in the legality of the ordinance passed by nearly 70% of voters last November and pledged to continue their fight, both through the courts and in Congress.

“Judge Thomas Cooper’s verdict today will not stop paid sick days from becoming the law of the land,” said Amy Stear, Wisconsin Director of 9to5. “While we are disappointed that Judge Cooper did not uphold the ordinance, we think higher courts will strike down the narrow grounds on which he based his ruling. But we are deeply concerned about the 122,000 Milwaukeeans without paid sick days and their children. For them, justice delayed could have serious economic and health consequences. This delay is especially harmful given the current H1N1 pandemic, the potential that the flu will be even worse in the fall, and the continuing increase in instances of domestic violence.”

Stear pointed out that Judge Cooper agreed with almost all of the legal arguments made by the City and by attorneys for 9to5 which was granted intervenor status in the case. “Corporate lobbyists lost in the voting booth and tried to undermine democracy by blocking implementation of this ordinance,” she said. “Ultimately, they will not be able to stop the will of the people.”

Stear said 9to5 will appeal the decision. “We trust that the City will join us in the appeal, given that they have taken a strong position on the particular legal grounds Judge Cooper has ruled on here.”

In addition to the appeal, backers of paid sick days are building support for the Healthy Families Act, national paid sick days legislation which President Obama supports and co-sponsored as a Senator. The bill, introduced in mid-May, is picking up steam.

“The Judge found the ordinance is not preempted by any state or federal law, is not unconstitutional as vague, does not impair any contract, does not regulate outside the city’s boundaries,” said Barbara Zack Quindel, attorney for 9to5. “Nor did he find that the ordinance exceeded the City’s police powers except with regard to one discrete provision: namely, providing use of sick time for relocation and legal action for victims of domestic violence. He found this same provision created a problem in the enactment of the ordinance, as it was not separately stated as part of the ballot question. We strongly disagree with this analysis. However, we are very concerned that even under his interpretation, the Judge failed to provide the logical and legal remedy: to sever this one point and uphold the ordinance. It clearly stands on its own even without this provision, and such severance would have been the way to uphold the will of the people.”

Carmen Pitre, Co-Executive Director of Sojourner Family Peace Center, highlighted the number of people who need help but cannot seek it because they work for companies where they don’t have access to time they need to seek safety. “It puts people in a terrible place where they have to choose between their job and their own safety or security – when losing that job has meant having to stay with the abuser. It’s difficult to understand the argument that getting to a shelter or getting a restraining order to save your life is not a reasonable preventative measure related to the health and welfare of the individual or the community. Any person who’s been raped or battered knows what it means not to have the time they need to take care of themselves or their families. This reasoning diminishes the quality of life for all of us.”

“In this economic downturn, domestic violence is on the rise,” Pitre continued, “That makes it even more urgent to implement the paid sick leave ordinance as soon as possible.”

“Public health experts are bracing for the return of swine flu, now declared a pandemic, this fall,” said Dr. Patricia McManus of the Black Health Coalition of Wisconsin. “With paid sick days, more Milwaukeeans would have options to seek health care and help themselves and their children recover. This setback could have serious consequences resulting in increased illness, spreading of disease and even death.”

“This ordinance aimed to create a minimum floor for all workers in the city of Milwaukee,” added Sheila Cochran, Secretary-Treasurer, Chief Operating Officer, of the Milwaukee County Labor Council, AFL-CIO. “Like the minimum wage and the end of child labor, it aims to create a reasonable labor standard that recognizes the reality of today’s workforce.”

The paid sick days ordinance was put into effect by voters and community groups who supported the referendum effort. In addition to 9to5, those groups include the Milwaukee Area Labor Council, Wisconsin Citizen Action, Voces de la Frontera, Campaign Against Violence, Black Health Coalition, Latino Health Coalition, Milwaukee Inner-City Congregations Allied for Hope and many other groups.