Wisconsin Supreme Court Sides With WILL in Legal Victory to End DEI

WILL secured a significant victory for true equality under the law at the Wisconsin Supreme Court. The Court ruled that the racially discriminatory “Minority Undergraduate Retention Program” was unconstitutional and that taxpayers have standing in court to challenge such programs.

In 2021, WILL sued over the program and represented five Wisconsin taxpayers who object to the state administering this race-based scholarship program, including Kiki Rabiebna and Richard Freihoefer, whose son is ineligible for a scholarship because of his race. The program discriminates against whites, the vast majority of Asians, some Latinos, and every student whose ancestors are from North Africa or the Middle East.

The decision will not only apply to this scholarship, but other DEI programs and the nearly identical Lawton Scholarship, which is run by UW-Madison and excludes many students based on race. WILL is actively planning litigation to end all race-based DEI programs in Wisconsin.

WILL Managing Vice President and Deputy Counsel, Dan Lennington, stated, “This is a major win for students. Race cannot be used to dole out scholarships and other financial aid. This is also a big win for taxpayers, who can now challenge many other race-based programs in state court. WILL is proud to stand for equal rights and make that case everywhere we can.”

Judge Blocks Milwaukee's 10 PM Food Truck Ban

On Monday, a Milwaukee County Circuit Court Judge blocked enforcement of Milwaukee’s 10:00 p.m. food truck curfew while the case continues through litigation. The order follows a lawsuit filed by WILL on behalf of The Fatty Patty food truck and its owner, Abdallah Ismail.

If left in effect, the city ordinance would have banned food trucks from operating after 10:00 p.m. downtown while allowing brick-and-mortar restaurants and bars to remain open. WILL argued the recently enacted ordinance violates the constitutional right to earn a living and equal protection under the law.

The injunction means the ordinance will be on hold as to the downtown food trucks, and cannot be enforced while the litigation proceeds. The current closing time of 1 a.m. for downtown food trucks will continue.

WILL Client, Abdallah Ismail, stated, “Today’s decision will help small business owners like me stay open and keep our employees working, and I could not be more grateful to the Wisconsin Institute for Law & Liberty for their incredible work protecting my business and my livelihood.”

WILL Finalists for TWO State Policy Network Awards

WILL is proud to announce that it is a finalist in two categories for this year's State Policy Network Awards, including the Bob Williams Award for Outstanding Policy Achievement and the Communications Excellence Award in Storytelling.

Outstanding Policy Achievement: WILL is nominated for the prestigious Bob Williams Award following our landmark legal victory on behalf of dairy farmer, Adam Faust, which secured a major settlement with the USDA, triggering the end of race- and sex-based programs that harmed American farmers for decades.

Communications Excellence: WILL is nominated for its powerful documentary, "Classrooms in Crisis," which exposed the ongoing discipline crisis in Wisconsin schools and highlighted how these chaotic environments force dedicated teachers to leave the profession.

To help WILL bring home the awards, vote for our work below:

VOTE HERE for Outstanding Policy Achievement Award


VOTE HERE for Communications Excellence Award

WILL Lays Out Roadmap for a Wisconsin Education Comeback

WILL has launched “The Wisconsin Education Comeback: A Roadmap for Student Success” a series of reports to reform education in Wisconsin. The roadmap will aim to provide a comprehensive set of K-12 education reforms for the next Governor and legislature to tackle.

The first report titled, “The FORT Gap: How Inconsistent Teacher Preparation Is Fueling Wisconsin’s Literacy and Educator Crises,” discusses how inconsistencies in teacher preparation are fueling Wisconsin’s literacy crisis and teachers shortage.

Some Key Findings of Our Report:

• Teacher preparation is a root cause of both low reading proficiency and teacher shortages
• Wide disparities in FORT passage rates across universities highlight uneven program quality. Passage rates vary from 100% to 25%.

WILL Research Director, Will Flanders stated, “Wisconsin is facing a growing literacy challenge marked by stagnant or declining reading proficiency and a strained teacher workforce. While these issues are often treated separately, they are actually closely connected. At the center is a systemic gap in teacher preparation—particularly in equipping educators with the knowledge and skills aligned with the “Science of Reading.”

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