WILL Warns City of Madison of Lawsuit Over Unconstitutional Racial Discrimination
Notice of Claim asserts racial quotas violate the law, Constitution
The News: The Wisconsin Institute for Law & Liberty (WILL) filed a Notice of Claim, Wednesday, putting the City of Madison on notice that an ordinance and resolution creating the new Police Civilian Oversight Board imposes unconstitutional racial quotas. WILL represents seven Madison residents challenging Madison’s decision to require nine members of the eleven-member Police Civilian Oversight Board to belong to specific racial groups – a clear violation of the Constitution’s ban on racial discrimination.
The Quote: WILL President and General Counsel, Rick Esenberg, said, “While it may represent the current zeitgeist, the City of Madison’s decision to insert racial quotas and classifications into law violates the Constitution’s ban on racial discrimination and equal protection before the law. The City of Madison may think they are advancing racial progress, but this policy is, in effect, cloaking deeply regressive policies of racial discrimination.”
While these measures were, presumably, taken in the interest of racial justice, their effect is quite the opposite. Racial quotas and classifications — enshrined in City law and the official policy of the City—are unconstitutional, offensive, and repugnant to basic American values.
WILL’s Notice of Claim reads, in part:
“Neither the City, the Mayor, nor the Common Council has identified any compelling governmental interests that would justify discriminating against Board applicants and members based on their race. Moreover, no Madison official has explained how this imposition of racial quotas is narrowly tailored or why the City’s interests could not be served by a race-neutral policy.”
In this case, WILL’s Notice of Claim starts a 120-day timeline before a lawsuit against the City can commence.
- Notice of Claim, January 13, 2021
Mentioned in This Press Release
Recent Press Releases by Wisconsin Institute for Law & Liberty
STUDY: Wisconsin School Districts That Started School Year Virtually Experience Greatest Enrollment DeclinesDec 16th, 2020 by Wisconsin Institute for Law & Liberty
Amidst statewide enrollment decline, schools that opted for virtual learning see largest declines
Racine Public Health Administrator instructs schools to remain closed despite injunction