LEGAL ALERT:

Court of Appeals Reverses Act 10 Ruling:

Law Remains in Effect for Municipal Employers

What happened?

On July 29, 2026, the Wisconsin Court of Appeals, District II, reversed the Dane County Circuit Court's judgment declaring portions of 2011 Wis. Act 10 and 2015 Wis. Act 55 unconstitutional. Abbotsford Education Association v. Wisconsin Employment Relations Commission, No. 2024AP2429. 

In a 2-1 per curiam decision, the panel held that the Legislature had a rational basis for defining which public safety employees fall within Act 10's "public safety employee" group, and that the classification therefore does not violate the equal protection guarantee of the Wisconsin Constitution. 

What does this mean for my municipality?

As a practical matter, nothing changes right now. The circuit court had struck down portions of the law but stayed its judgment pending appeal. Thus, Act 10's collective bargaining framework has remained in effect throughout the litigation, and it remains in effect today. 

Municipal employers should continue to administer labor relations as before.

What comes next?

It is widely expected that the plaintiffs will petition the Wisconsin Supreme Court for review. That petition would likely be filed by late August, with a decision on whether to grant review likely taking several months. 

As always, the League will update members as the case proceeds. 

Have additional legal questions?

Don't forget, members can Ask the Attorneys through the League website.