Trial Court Finds That Milwaukee’s Paid Sick Days Ordinance is Invalid
Julie Schwartz Weber July 1st, 2009
Last month, I blogged about the paid sick days ordinance in Milwaukee that had been enacted by voters last November and had been opposed by the Metropolitan Milwaukee Association of Commerce (MMAC). I shared then that the MMAC had challenged the legality of the ordinance via a lawsuit and that the trial court was going to rule on the matter soon. Back then, we were still waiting for the trial court’s ruling on the matter. Today, we know more.
On June 12th, Judge Thomas R. Cooper ruled that the paid sick day ordinance was invalidly enacted and unconstitutional. More specifically, while the trial court upheld the part of the ordinance relating specifically to providing paid sick days to tend to the illness or preventative care of an employee or employee’s family member, he rejected the provision concerning time off for domestic violence victims to seek shelter or pursue legal action. He ultimately concluded, “The provisions regarding domestic violence and sexual assault are not rationally related to the ordinance’s overall objective of protecting the public welfare, health, safety, and prosperity of the city”.
An appeal is likely.
A Better Balance has a more detailed analytical discussion about the trial court’s ruling available at its website.













