Waukesha – A judge this morning denied a temporary injunction sought by two Mukwonago School District residents to prevent the changing of the school’s Indian logo.
Waukesha County Circuit Court Judge Donald Hassin said the plaintiffs, Craig Vertz and James Schoolcraft, did not show that there is a likelihood the state law was unconstitutional and that they have suffered irreparable harm because of the state’s mandate to change the logo.
Attorney Samuel C. Hall, representing Vertz and Schoolcraft, argued that when the state mandated this summer that the district change the logo because it stereotyped Native Americans, residents were denied due process; the school district has spent $17,000 to comply with the order, and that the cost ultimately will be passed onto the taxpayers thus causing the taxpayers irreparable harm; and the process to force the change is unconstitutional. Hall argued there are no rules to the process.
Attorney Clayton Kawski, representing the state Department of Public Instruction, argued the residents did have due process through its elected officials on the School Board, there are rules to the process and they were followed, and showing the law is unconstitutional requires a high burden of proof.
Hassin said any law adopted by the Legislature has a "strong presumption it is constitutional," and the plaintiffs did not show a "likelihood of success" in proving it is unconstitutional, he said.
The process to change the logo was followed, and there is "no evidence the plaintiffs have been harmed, even slightly, Hassin said.
Hassin ordered a full injunction hearing to be held Feb. 2. Such a hearing means witnesses can be called, as well as further arguments by both sides.
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