In Wisconsin the right to petition the government for a redress of grievances is protected under the First Amendment of the United States Constitution. State statutes and federal law work in tandem to ensure that this constitutional right is respected and that individuals have the necessary avenues to address their grievances with the government. The U.S. Supreme Court has emphasized the fundamental nature of this right, underscoring its importance in maintaining a democratic society and being “among the most precious of the liberties safeguarded by the Bill of Rights.”
Bill of Rights – First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Wisconsin Constitution Art I, Sec 4
The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.
Individuals in Wisconsin have the right to approach the courts, administrative agencies, and other governmental bodies to express their complaints about government actions or to seek assistance without fear of punishment or reprisal.
“Redress of grievance” is a broad umbrella term used in the Bill of Rights; the specific procedures performed depend heavily on the context of the grievance. Wisconsin residents can exercise this right by filing lawsuits, participating in administrative hearings, or engaging in various forms of advocacy, such as writing to elected officials, participating in public meetings, or organizing petitions.
Petitioning
The process of petitioning the government regarding a person’s complaints about the government or to seek the assistance of the government (without fear of punishment or reprisal) applies to both judicial processes and administrative processes. Petitioning is the method or act of asking (such as submitting a form, signing a petition, or filing a lawsuit), while redress of grievances is the goal of asking the government to fix a wrong or solve a complaint.
Local Government Policies
If your grievance concerns a law, a local ordinance, or a broad government policy, you exercise your right by communicating directly with elected officials or public bodies. Under Wisconsin’s Open Meetings Law, you can attend local school board, city council, or county board meetings to present grievances during designated public comment periods. You may contact your Wisconsin State Legislator to request changes to state statutes or look into agency issues through constituent casework.
State Employee Workplace Grievances
If you are a non-represented Wisconsin state employee grieving an adverse employment decision (such as discipline or layoff), the process is governed by Wisconsin Administrative Code Chapter ER 46
Patient & Health Client Rights Grievances
If your grievance involves unfair treatment or rights violations within a Wisconsin healthcare facility, mental health program, or substance abuse center, the process follows Wis. Admin. Code ch. DHS 94.
Grievances Against Attorneys or Judges
To report actions of a Wisconsin attorney submit a formal complaint to the Office of Lawyer Regulation (OLR).
Grievances regarding judicial conduct must be filed with the Wisconsin Judicial Commission.
Inmate / Department of Corrections (DOC) Grievances
If the grievance originates within a state correctional institution, it must go through the Inmate Complaint Tracking System (ICTS) governed by Wis. Admin. Code ch. DOC 310.