Wisconsin Attorney General Josh Kaul and Democratic lawmakers proposed legislation Thursday that would allow the attorney general to bring civil charges based on alleged civil rights violations.
The bill, introduced by Sen. LaTonya Johnson, D-Milwaukee, and Rep. Jimmy Anderson, D-Fitchburg, would allow the Department of Justice to investigate and bring civil causes of action in areas such as housing, education, employment and public accommodations.
Supporters of President Donald Trump rallied in Madison on Nov. 6, 2020, where they were met with counter-protesters.
The bill comes amid heightened attention to racial justice issues such as disparities in education and the criminal justice system. However, it isn’t likely to gain traction in the Republican-controlled Legislature. Republican leaders did not respond to requests for comment Thursday.
With some minor exceptions, current law allows only private individuals to use an attorney to take action against civil rights violations.
The bill would allow for the attorney general to investigate and bring a civil action when there is a reasonable cause to believe that a person has engaged in a pattern or practice of conduct that violates rights provided in the U.S. or Wisconsin Constitution, as well as any rights secured by Wisconsin laws relating to housing, employment, education or public accommodations. It would also allow the attorney general to bring a civil action when a person has been denied such rights.
The bill wouldn’t have any effect on district attorneys except if the attorney general designated one as the lead on a case.
The bill would allow a court to assess a civil forfeiture against the defendant of up to $50,000 for a first violation and up to $100,000 for each subsequent violation committed within a seven-year period.
“We must ensure that, for every Wisconsinite, our civil rights are more than simply rights on paper,” Kaul said in a statement. “This legislation would significantly enhance the protection of our rights by authorizing the Wisconsin Department of Justice to take action when significant violations occur.”
Advocates say the bill could help the state address racism and discrimination against people of color, people with disabilities and LGBT individuals.
Attorneys general in Arizona, California, Delaware, the District of Columbia, Florida, Massachusetts, New Hampshire, New York, Oklahoma, Pennsylvania, Washington and Virginia have similar civil rights authority, where they have used their powers to bring racial discrimination cases against employers and landlords, as well as against a municipality for denying employment to a firefighter due to a perceived disability.
Advocates say the law is important because of the difficulty and expense for individuals to hire an attorney for alleged civil rights violations on their own.
Anderson said the difficulty of hiring an attorney likely leads to many people facing infringement of their civil rights to give up in trying to seek relief.
“People facing discrimination — whether on the basis of race or gender, disability or other protected classes, when it comes to issues like unemployment, education or public accommodation — are often left to their own to try to secure protections of their own civil rights. It takes a lot of time and money to find someone willing to represent them in court,” said Anderson, who said he was discriminated against because of his disability by being denied accommodations in the Legislature.
After months of refusing, Republican leaders in late 2019, faced with a potential lawsuit, adjusted their rules to grant the request of Anderson, who is paralyzed, to phone in to committee meetings.
Shooting at homeless shelter tops recent notable crime news in Madison area
Man injured, another being sought in shooting at Madison homeless shelter
A man is being sought for attempted homicide after a man was shot at Madison’s temporary men’s homeless shelter Monday night, and a police officer later opened fire inside the building, but is not believed to have hit anyone, Madison police reported.
Sgt. James Imoehl said in a report at 4:19 a.m. Tuesday that the continuing investigation and review of evidence resulted in police determining that a man initially detained at the scene directly after the shooting no longer is believed to be involved.
Complaint: Argument preceded close-range shooting at men's homeless shelter, witnesses say
A man police are seeking for a shooting Monday night inside a temporary homeless shelter shot a man who taunted him about carrying a gun, then threatened to shoot others, according to a criminal complaint filed Tuesday.
The complaint charges Ronald E. Stephens, 23, with attempted first-degree intentional homicide for the shooting that brought a large number of police officers to the shelter in the former city Fleet Services Building, 200 N. First St., on Madison’s East Side.
Man sought in Madison homeless shelter shooting in custody
A man who was being sought in a shooting at a Madison homeless shelter has turned himself in to authorities in Milwaukee, police said Thursday night.
Milwaukee police took Ronald E. Stephens, 23, into custody, Madison police said.
A criminal complaint alleges Stephens shot a man who taunted him about carrying a gun, then threatened to shoot others Monday in a temporary shelter for homeless men in Madison’s former Fleet Services Building, 200 N. First St. A doctor told police the victim had a “popped” left lung and two bullets inside him.
'Pine crime' solved: 3 students cited for theft of rare, 25-foot tree from UW Arboretum, police say
One of the more bizarre crimes in Madison history has been solved, with citations being issued to three 19-year-old UW-Madison students in the theft of a 25-foot pine tree from the UW Arboretum in November.
UW-Madison officials asked for the public to help in finding whoever went into the Arboretum between Nov. 5 and Nov. 9, cut down and carted away the rare Algonquin Pillar Swiss Mountain pine tree, and cut off a 12-foot section of a Compact White Fir tree, but left it on the ground. The trees were worth at least $13,000 combined.
Illegal burning causes garage/barn fire in Portage, authorities say
The owner failed in efforts to extinguish the fire, but firefighters were able to extinguish the fire before it extended any farther into the structure, Haase said.
The cause of the fire was due to hot embers leaving a fire pit, Haase said.
Teen boy stabbed, another injured, 2 arrested in East Towne Mall altercation, Madison police say
A teen boy was stabbed and another was injured, and two were arrested in a confrontation between two groups shortly before 6:30 p.m. Friday at East Towne Mall, Madison police reported.
During the altercation, a 15-year-old boy was stabbed in the upper thigh and taken to a local hospital for treatment of the non-life-threatening wound, while a 16-year-old boy suffered a minor injury, police spokesman Tyler Grigg said in a report.
Driver fleeing traffic stop crashes into squad car conducting separate traffic stop in Rock County, authorities say
A driver fleeing a traffic stop crashed into a squad car conducting a separate traffic stop early Saturday morning in Rock County, the town of Beloit Police Department reported.
The crash happened shortly after 12:30 a.m., as a town of Beloit officer working an OWI traffic grant was on a traffic stop, facing north in the 3100 block of Riverside Drive in the town of Beloit, Lt. Bryan Hasse reported.
Far East Side homeowner hears crash, later finds window damage, bullet in can in pantry, police say
A Far East Side homeowner heard a crash early Sunday morning, then later found bullet damage to her kitchen window and a bullet lodged in a can of food in the pantry, Madison police reported.
The homeowner in the 1600 block of Mendota Street told police she heard the crash between 1:30 a.m. and 2 a.m. Sunday, then later Sunday discovered the bullet had traveled through her kitchen window and lodged in the can, police spokesman Tyler Grigg said in a report.
Man being booked into Dane County Jail attacks deputy, Sheriff’s Office says
A man being booked into the Dane County Jail on Monday attacked a deputy, the Dane County Sheriff’s Office reported.
Madison police arrested Mark A. Goss, 33, for a probation and parole hold and resisting and he was being booked into the jail about 4 p.m. when the attack happened, Sheriff’s Office spokeswoman Elise Schaffer said in a report.
Sun Prairie police looking into 'violent attack and robbery' involving woman as described in Twitter post
Sun Prairie police are looking into a "violent attack and robbery" described in a Twitter post that allegedly occurred after a woman was followed home from the Walmart in Sun Prairie.
Sun Prairie police were made aware of the Twitter post Wednesday, Lt. Ryan Cox said. The post did not say where the woman lives but did provide a name. Sun Prairie police tried to get in touch with the person who originally posted the incident to Twitter but have not yet received any response.
Kaul
