Assembly GOP allow Democrat in wheelchair to call into meetings after disability group threatens lawsuit

MADISON - Assembly Speaker Robin Vos relented Tuesday and agreed to let a paralyzed Democratic lawmaker who uses a wheelchair to phone into committee meetings after an advocacy group for people with disabilities threatened a lawsuit. 

Vos and Republican Assembly leaders said Tuesday they were changing the house's rules to "make legislative work, such as committee meetings and session days, as accessible and predictable as possible."  

But the new rule also came after the GOP leaders received a letter from an attorney from Disability Rights Wisconsin, which is representing Democratic Rep. Jimmy Anderson. The letter asked the leaders to reconsider their denial of the accommodation requests of Anderson, who is paralyzed from the chest down. 

"They are definitely trying to avoid a lawsuit and I think that's something that I want to do as well," Anderson told reporters Tuesday. "What I'm asking for here is very small reasonable changes that the (Americans with Disabilities Act) require."

Anderson had asked Vos earlier this year to allow him to call into meetings when he is unable to make it to the Capitol because of his disability and to avoid holding overnight floor sessions, something senators are able to do under that body's rules. Vos opposed the idea, saying it was disrespectful to not participate in person. 

The disagreement turned into a feud, with Vos even accusing Anderson of trying to sabotage a new national role for the Republican legislative leader by publicly seeking the accommodations.

Vos changed his mind on allowing Anderson to call into meetings after Anderson's attorney sent a letter to Vos on Sept. 18 asking him to reconsider Anderson's requests for accommodations and to respond by Oct. 1 to avoid a lawsuit. 

Anderson said Tuesday he was not included in the drafting of that change. 

"They probably should have included me in the process. I have a lot of insight into my needs as the person who is requesting the disability (accommodations)," Anderson said. "Excluding me from the process is offensive."

Vos said Tuesday Anderson's public approach was "an unfortunate way" to seek accommodations but said he wanted to ensure the Assembly remains accessible to members. 

"I think we looked at the situation and tried to take politics out of it," Vos said about changing his mind. "The Assembly, by and large, is a collegial place where when somebody comes forward with an issue we try to address it."

He previously accused the lawmaker of "political grandstanding" by notifying a reporter of Vos' opposition to his request for accommodations months later.

Anderson said the rule change doesn't meet all of his needs, however, and is still considering litigation to gain other accommodations, including barring floor sessions from being held overnight.

The accommodation for Anderson proposed Tuesday is included in a package of significant rule changes released Tuesday that the Assembly will take up Thursday.

The changes would allow Assembly lawmakers to take multiple votes to override a veto made by Gov. Tony Evers and for leaders to reject requests to take breaks during a floor session — provisions that might lead to Democrats voting against the entire package because they could be used to bar lawmakers in the minority party from delaying action on GOP issues. 

"It’s wholly unsurprising that Vos would pass on the chance to do the right thing for the right reasons and instead turn it into an opportunity for political retribution," Britt Cudaback, spokeswoman for Evers, said about the package of changes.

Anderson joined the Assembly in 2017 and soon afterward voted for rules that eliminated a provision that allowed Assembly members in some cases to participate in committee meetings through web cameras. Anderson said he voted for those rules before he was fully aware of what his needs would be.

In January, Anderson raised concerns that Assembly leaders did not accommodate his needs when they held an overnight session in December on legislation to curb the power of Evers.

The bills were stalled for much of the night and Anderson went home so he could get out of his wheelchair. Votes were held with little notice starting about 4:30 a.m. Anderson could not make it to the Capitol by the time they were held.

Anderson asked Dane County District Attorney Ismael Ozanne to review whether legislators violated the open meetings law by not accommodating his needs.

Ozanne has not responded to Anderson's request and has since asked Attorney General Josh Kaul to review the matter.