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ACLU of Wisconsin Calls Budget Decision on Freeways Precipitous and Arrogant

July 3, 2002

Today, the American Civil Liberties Union of Wisconsin reacted sharply to a decision by the Legislature's Budget Conference Committee that threatens to cut off debate about freeway expansion in Milwaukee and Waukesha counties. The Committee endorsed a budget provision, which would require the Department of Transportation to design the reconstruction of I-94 in Milwaukee and Waukesha counties to meet the projected vehicular traffic capacity needs for 25 years.

"The Committee's precipitous and arrogant action ignores unresolved questions concerning the expansion's adverse effects on low-income and minority populations, " said Chris Ahmuty, Executive Director of the ACLU of Wisconsin. "Its action dismisses and disenfranchises hundreds of thousands," he continued.

"Everyone should share in the benefits of this multi-billion dollar project and no community should have to suffer a disproportionately high amount of its adverse effects," wrote Ahmuty in a letter urging Governor Scott McCallum to veto the provision should it pass.

"Legislators say they want to get this project done right the first time- how can that be if they haven't listened to citizens most effected by expansion, like those in Milwaukee's Story Hill neighborhood or near South Side?" asked Ahmuty today.

The ACLU of Wisconsin letter to Governor McCallum is attached.


July 3, 2002

Governor Scott McCallum
State Capitol
PO Box 7863
Madison, WI 53707

Dear Governor McCallum:

The Legislature's Budget Conference Committee has endorsed a provision that would require DOT to design the reconstruction of I-94 in Milwaukee and Waukesha counties to meet the projected vehicular traffic capacity needs for 25 years following completion of the reconstruction. The American Civil Liberties Union of Wisconsin believes that this decision is premature and ill-conceived. Therefore, on behalf of ACLU members across Wisconsin I urge you to again veto this provision should it pass the Senate and Assembly.

This decision is premature because it short-circuits the planning process currently underway at the Southeast Wisconsin Regional Planning Commission. Furthermore, it pre-empts additional planning that will be required of the Wisconsin Department of Transportation.

The ACLU of Wisconsin has raised concerns that low-income and minority populations may suffer a disproportionately high percentage of the project's adverse effects. SEWRPC's Freeway Reconstruction Study has yet to address this "environmental justice" issue. The environmental assessment for the Marquette Interchange did not address it adequately and didn't even attempt to address the adverse effects of the larger reconstruction project.

The Commission staff is now developing for consideration by the Freeway Reconstruction Advisory Committee an evaluation of the distribution of the benefits and costs of the preliminary plan across the Region, particularly with respect to minority and low-income communities. The Commission staff anticipates holding an additional public hearing, which will include consideration and discussion of environmental justice impacts. Furthermore, the Commission did not recalibrate the travel simulation models used to develop the preliminary plan using 2000 Census small area population and household characteristic data, such as vehicle ownership. There is a lot to be done.

Planners who want to see the reconstruction project done correctly and move forward without delays should know that the environmental justice aspect of the plans, including meaningful community involvement, cannot be done by legislative fiat. The Budget conferees it appears, don't even know this is a legal issue. This is particularly so if federal funds are sought.

The conferees' adoption of this provision without considering how Wisconsin taxpayers from across our state will be paying for this hugely expensive project is irresponsible. They have put the horse before the cart in more ways than one.

Your veto will hardly stop this project. Everyone agrees that reconstruction needs to take place. Your veto will mean that SEWRPC and WisDOT will have the opportunity to get it done right, without the unintended consequences of legislative interference. Everyone should share in the benefits of this multi-billion dollar project and no community should have to suffer a disproportionate amount of its adverse effects.

Thank you for your consideration.

Sincerely yours,

Christopher Ahmuty
Executive Director, American Civil Liberties Union of Wisconsin

 

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