Wednesday, September 18, 2024
Despite legal precedent, Muskego schools remove gender identity from discrimination policy
Quinn Clark
The Muskego-Norway School Board removed gender identity from its anti-discrimination policy Monday, raising concerns from parents and civil rights experts about what the decision could mean for transgender or nonbinary students.
The board's policy originally said: "The Board does not discriminate on the basis of sex (including sexual orientation or gender identity), in its education programs or activities."
Now, it will only include the words "sexual orientation."
The board originally considered removing both sexual orientation and gender identity from its policy. But school board president Terri Boyer proposed removing just the words "gender identity" to remain "consistent with Wisconsin state law," she said at the meeting.
Besides Boyer's suggestion, which the board approved, there was no discussion regarding the decision to alter the policy. Neither Boyer, the district's superintendent Todd Irvine, nor the district's communications specialist Alyssa Meyer responded to multiple calls and emails requests for comment Tuesday.
Boyd did not clarify which "state law" she was referring to at the meeting. While the state's pupil nondiscrimination laws do not specifically mention gender identity, the Wisconsin Department of Public Instruction encourages schools to adopt nondiscrimination policies that include gender identity or expression.
The DPI also notes that creating a safe environment for LGBTQ+ students is essential for their educational success.
A Muskego parent contacted Public Investigator with concerns about the district's updated policy and whether protections will remain for LGBTQ+ students. The parent also wondered if the district could face legal ramifications after LGBTQ+ advocacy groups filed a federal complaint against nearby Kettle Moraine School District earlier this month alleging Title IX violations.
Signed into law in 1972, Title IX bans discrimination against students and staff in federally-funded education programs on the basis of sex.
The Muskego-Norway School Board's decision comes after the self-described parental rights group Moms for Liberty sued over the Biden administration's updated Title IX regulations, which were expanded to include sexual orientation and gender identity.
The lawsuit resulted in a temporary injunction that blocks the U.S. Department of Education from enforcing the new regulations in schools that enroll children of Moms for Liberty members.
However, civil rights experts say Wisconsin school districts must still comply with Title IX, even if the Department of Education cannot enforce those regulations for now. That's because the 7th U.S. Circuit Court of Appeals, which covers Wisconsin, Illinois and Indiana, has upheld that Title IX protects students from discrimination based on gender identity.
Public Investigator consulted Suzanne Eckes, education law professor at the University of Wisconsin-Madison, about the school board's decision. A former lawyer and public high school teacher, Eckes researches how civil rights laws impact education policies in public schools.
Although some Muskego-Norway schools are included on Moms for Liberty's growing list, Eckes said the district cannot exclude transgender students from protections.
"Whether they kick it out of their policy or not, they still need to follow the 7th Circuit Court of Appeals' decision," said Eckes, who clarified that she is speaking on her own behalf, not the university's.
In one 7th Circuit case, a transgender student filed a federal lawsuit against the Kenosha Unified School District for banning him from using the boys' restrooms and referring to him by female pronouns. The court ruled in his favor in 2017, confirming Title IX protected him from discrimination.
Eckes said a case filed in Indiana last year also affirms Title IX protections for transgender students in Wisconsin. In that case, the district court granted injunctions to three students who challenged their school districts' policies that banned them from using bathrooms consistent with their gender identities.
The court ruled in the students' favor due to the likelihood that they would succeed on their claims, Eckes explained. The 7th Circuit later upheld the ruling, confirming the Indiana court's decision.
A Wisconsin school district's failure to address bullying or harassment of any kind against transgender students could result in a successful discrimination claim, Eckes said.
Eckes said past U.S. Supreme Court rulings also demonstrate that Title IX protects transgender students.
In 2019, the Supreme Court ruled that Title VII, which prohibits employment discrimination, includes sexual orientation and gender identity. In the past few years, Eckes said, courts have been referring to the Supreme Court's interpretation of Title VII when interpreting Title IX.
"Even before all the hoopla with the Biden regulations, courts have been recognizing that Title IX prohibits discrimination on the basis of sexual orientation and gender identity," she said.
Abigail Swetz is the executive director of Fair Wisconsin, one of the LGBTQ+ advocacy organizations involved in the federal complaint against Kettle Moraine. Swetz said both Fair Wisconsin and LGBTQ+ advocacy organization GSAFE are gathering information to determine the best course of action, which could include filing more lawsuits.
"This is why it is so important that we learn of votes like the one taken by the Muskego-Norway school board," said Swetz.
Swetz said Fair Wisconsin and GSAFE encourage anyone with information regarding discriminatory actions taken by school boards to email testimony@fairwisconsin.com.
Quinn Clark is a Public Investigator reporter. She can be emailed at QClark@gannett.com. Follow her on Twitter at @Quinn_A_Clark.
About Public Investigator
Government corruption. Corporate wrongdoing. Consumer complaints. Medical scams. Public Investigator is a new initiative of the Milwaukee Journal Sentinel and its sister newsrooms across Wisconsin. Our team wants to hear your tips, chase the leads and uncover the truth. We'll investigate anywhere in Wisconsin. Send your tips to watchdog@journalsentinel.com or call 414-319-9061. You can also submit tips at jsonline.com/tips.
Tuesday, September 17, 2024
Republican National Committee sues City of Racine over number of GOP poll inspectors
RACINE — The Republican National Committee announced Tuesday that it is suing the City of Racine for allegedly failing to hire the appropriate number of Republican election inspectors for the Aug. 13 primary.
“Racine deliberately excluded Republicans and violated the law,” RNC Chairman Michael Whatley said in the news release. “We are suing to hire the number of Republicans that Wisconsin law requires, stop Democrat interference and uphold election integrity for our country’s most important election.”
Two Republican community members filed the lawsuit in Racine County Circuit Court on Sept. 13 alleging that they were appointed by Common Council to serve as election inspectors but were not scheduled for service during the August primary.
The lawsuit specifically names City Clerk Tara McMenamin as responsible for the breach of Wisconsin statute.
The lawsuit seeks a permanent injunction that would prohibit the city clerk from violating the state election law in question. It also seeks to ensure that the two Republican plaintiffs, as well as the rest of the Republicans approved for work as elections inspectors in 2023, be allowed to serve as such during the Nov. 5 general election.
“The City of Racine is committed to hiring election officials who meet all statutory requirements, irrespective of political affiliation,” McMenamin said in a statement. “In anticipation of potential increases in meritless litigation leading up to the presidential election, we are steadfast in maintaining consistent standards. We will continue to adhere to all state and federal laws and provide comprehensive training to ensure that all election officials are fully qualified and well-prepared to serve City residents on this upcoming Election Day.”
Documents attached to the lawsuit show both major parties submitted lists of nominees to Common Council in accordance with state law. On Dec. 5, 2023, the council approved and appointed the nominees to serve as election inspectors for a two-year term.
The Republican Party of Racine County nominated 55 individuals, and the Democratic Party nominated 40.
According to an open records request filed by the law firm suing the city, eight Republicans, seven Democrats and 90 unaffiliated individuals worked at polling locations across the city on Aug. 13.
The allegations assert that Wisconsin law requires all available election inspection positions be first filled by workers who are affiliated with the two major parties. Guidance from the Wisconsin Elections Commission echoes this.
When there are no more eligible, partisan election inspector nominees, the city can appoint unaffiliated individuals to serve.
“Appointments must be made from the lists submitted by the parties for as long as election inspector positions are available,” reads WEC’s Election Administration Manual. “If party lists have been timely received, positions must be filled from the lists until the names on those lists have been depleted.”
The Wisconsin Elections Commission did not immediately respond to request for comment Tuesday.
The allegations come just a week after the Wisconsin Supreme Court heard oral arguments concerning a case alleging Racine’s use of a mobile voting van in a 2022 primary election violated state law.
The mobile van allowed voters to cast absentee ballots in the two weeks leading up to the election, according to a report from the Associated Press
McMenamin said that the intention behind the mobile van was to make voting accessible to as many voters as possible.
With change in alcohol policy at Badgers football games, have ejections and arrests gone up?
JR Radcliffe
After three games of the 2024 Badgers football season, a change in alcohol policy at Camp Randall Stadium doesn't appear to be radically altering the number of arrests and ejections at the stadium, at least compared to last year.
The university began offering alcohol to general-seating sections for the first time this year, starting with the season opener against Western Michigan. UW has since hosted games against South Dakota and Alabama, the high-profile nonconference game Saturday that ended in Wisconsin's 42-10 defeat.
The first three home games last year at Camp Randall Stadium, which included a buzzy first contest for new head coach Luke Fickell, yielded 85 ejections over the three games (65 UW students), according to regular reports from UW-Madison police. There were 53 arrests at those games, of which 40 were students.
By comparison, this year's games featured a slight uptick in ejections with 93 (74 students) and a downturn in arrests with 39 (35 students). The vast majority of citations and ejections relate to alcohol, including attempting to use a fake ID.
Announced attendance is slightly up this season (75,850 fans per game) for the first three games compared to last year (75,537). The game times were notably different, with last year's games including a 2:30 p.m. start and two 11 a.m. starts, whereas this year's games featured an 8 p.m. kickoff on a Friday night, a 2:35 p.m. start and one 11 a.m. start. The Rutgers game in 2023 took place during Homecoming.
2023 first three home games
- Sept. 2 vs. Buffalo (2:30 p.m. CT): 14 ejections (11 students), six arrests (six students)
- Sept. 16 vs. Georgia Southern (11 a.m.): 29 ejections (21 students), 21 arrests (16 students)
- Oct. 7 vs. Rutgers (11 a.m.): 42 ejections (33 students), 26 arrests (18 students)
- Total 2023 first three games: 85 ejections (65 students), 53 arrests (40 students)
2024 first three home games
- Aug. 30 vs. Western Michigan (8 p.m. CT Friday): 27 ejections (22 students), 10 arrests (seven students)
- Sept. 7 vs. South Dakota (2:30 p.m.): 47 ejections (37 students), 18 arrests (18 students)
- Sept. 14 vs. Alabama (11 a.m.): 19 ejections (15 students), 11 arrests (10 students)
- Total 2024 first three games: 93 ejections (74 students), 39 arrests (35 students)
Spectrum says it's offering faster internet speeds and new price guarantees
Spectrum says it's offering new price guarantees, faster speeds, quicker response to service disruptions.
Internet service provider Spectrum announced changes Monday including increased minimum speeds and guaranteed pricing for up to three years with bundled services.
The changes also include a pledge to address service disruptions quickly, dispatching a technician the same day if requested by a customer before 5 p.m.
Should a neighborhood experience an outage lasting more than two hours, the company now says it will offer a billing credit for the full day. And within 15 minutes of identifying an outage, Spectrum says, it will notify affected customers and provide an estimated time for restored service.
All current customers of Spectrum Internet and Spectrum Internet Ultra will have their speeds automatically increased for free to 400 and 600 Mbps respectively, according to the company.
Spectrum also said it will offer 500 Mbps service for as low as $30 a month when bundled with two lines of mobile phone or video services.
The changes are going into effect this week, according to the company.
ArtRoot unveils Wall Poems of Racine No. 7
Monday, September 16, 2024
Sunday, September 15, 2024
Majority of Milwaukee's Common Council condemn mural equating swastika and Star of David
Vanessa Swales
A majority of Milwaukee's Common Council on Saturday condemned a new mural in the city's Harambee neighborhood that equated a swastika with the Star of David, calling its messaging "hurtful and divisive."
The mural is on private property at the corner of East Locust and North Holton streets and depicts a swastika superimposed on the image of the Star of David.
Inscribed around the image are the words: "The irony of becoming what you once hated," in all capital letters, suggesting that Jewish people were causing a new Holocaust in the Israel-Hamas war.
A woman vandalized the mural with black paint on Friday, but by the afternoon, most of the paint had been wiped away.
Milwaukee council members called for the building owner to remove the image.
"While calling on all to respect private property and First Amendment rights, it is also important to call out those who import symbols of division, hatred and violence to our community, and then act surprised when they are not welcomed with open arms," according to the statement issued Saturday.
"To see (the image of the swastika) displayed on the streets of our city is sad, distressing, and disheartening," the statement added.
Ald. Milele Coggs, who represents the area where the mural is located, was one of the 14 council members who signed the statement.
District 5 Alderman Lamont Westmoreland was the only council member who did not co-sign the statement. In an email to the Journal Sentinel, Westmoreland said he had not been given the opportunity to have input on the statement issued and said that he will be issuing his own statement at some point "that is from me and not the thoughts/opinions of others with just my name attached to it."
Ihsan Atta, who owns the building hosting the mural, has defended the image in previous interviews with the Milwaukee Journal Sentinel. The mural replaced a well-known painting of Breonna Taylor, who was killed by Louisville police.
Atta, who is a Palestinian-American, told the Journal Sentinel he wanted to raise awareness about Israel's devastation in Gaza, which he considers to be genocidal and akin to the Holocaust. He said he filed a police report after Friday's vandalism.
A woman named Sara Ninham was interviewed by WITI-TV (Channel 6) on Friday and said she had vandalized the mural because she did not like seeing the image of a swastika.
The Jewish Community Relations Council of the Milwaukee Jewish Federation released a statement Friday stating that the mural was the latest in a "staggering uptick in antisemitic rhetoric and misinformation."
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