Since early 2011, protesters have gathered at the Capitol Building to vocalize and demonstrate their opposition to the policies of Governor Walker’s administration, and Pines Bach LLP has stood beside the protesters every step of the way. Among other forms of demonstration, singers have been gathering for Solidarity Sing-Alongs on the ground floor of the Capitol Building to sing their protests to the anti-worker laws enacted in 2011. News reports indicate Capitol Police have issued a total of 743 citations since then, ranging from conducting illegal pickets, rallies and parades, to demonstrating without a permit. As of January 2014, over 400 citations were still pending resolution in the Dane County courts. The citations are being prosecuted by the Wisconsin Department of Justice. Attorney Jordan Loeb is currently representing seven charged Solidarity Singers, and has dealt the prosecution significant blows in the past two months.
First, in February, in response to a motion filed by Loeb, Judge John Markson threw out three citations against one of Loeb’s clients on constitutional grounds.
Second, in Judge Markson’s February ruling, he lambasted the State for altering the citations filed with the court, which differed from the citations served on the singer. “I cannot ignore any party’s-much less the state’s-altering a document filed with the court so that it is different from the one actually served upon the other party.” He described the State’s conduct as “wrong” “misleading[ ]”and “perplexing at best.”
And most recently, last week Judge Peter Anderson refused to reject motions brought by Loeb and others to dismiss the charges against their singing clients. The State argued that the motions should be denied because a legislative committee had not been served with the motions. While Loeb questioned whether such service was required, he tried to have the papers delivered, only to have Senator Leah Vukmir, the legislator designated as the person to be served, refuse and actively avoid being served. Judge Anderson gave Loeb additional time to deliver the papers to Senator Vukmir, which will allow the motions to dismiss to go forward.