On Wednesday, May 13, the Wisconsin Supreme Court struck down the state’s stay at home order by a 4-3 vote. It is the first time that such an order in any state has been overruled by a state supreme court. Although the Republican-controlled legislature, which filed the suit, had asked for a six day stay to the ruling, that did not occur. The Governor stated in an MSNBC interview that he will meet with legislative leaders on Thursday, but indicated that the rule-making process that would now be required in order to impose any restrictions takes a minimum of two weeks. Currently businesses of any type could open unless prohibited by county or municipal ordinance.
Click here for an article in the Wisconsin State Journal.
Click here for the Supreme Court opinion.
For a statement by Governor Evers click here.
The Whitewater Police Department shared this memo:
TO: Walworth County Law Enforcement
FROM: Zeke Wiedenfeld, Walworth County District Attorney
RE: Wisconsin Supreme Court Rules “Safer at Home” Unenforceable
I am writing this memorandum in response to questions law enforcement is likely receiving from citizens and businesses about the Safer at Home Order and the Wisconsin Supreme Court decision that was issued today. The Supreme Court held that the “Safer at Home” Order is unenforceable. The Supreme Court’s decision is effective immediately, which means that businesses can immediately open and people can immediately travel and gather in large groups, until the Department of Health Services, legislature, or local government passes laws, orders, or rules stating otherwise….
The Department of Health Services, State Legislature, the County Board, or your local municipality, would still have the power to act and pass legislation or ordinances similar to the safer at home order. It appears that Dane County and the City of Madison have already passed legislation similar to the safer at home order. The Supreme Court held that the Department of Health Services does have the ability to pass some orders related to public safety, so it is possible that there could be new, but more limited, DHS orders signed by the Secretary in the near future.
As I explained above, there is still the potential (and it is very likely) that some restrictions will be put in place by the State and/or local government in the near future, so please keep in mind that the law could change very quickly. Private businesses still have the right to impose Safer at Home restrictions on their customers and employees. It is expected that the public will use its own good judgment in taking necessary precautions to keep themselves and other citizens safe….
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After initially asking its residents to voluntarily continue to follow the Safer at Home orders, the Rock County Public Health Department late on Wednesday evening issued an order extending “Safer at Home” until May 26, unless rescinded earlier. Since the beginning of the May, Rock County has seen its total number of COVID-19 cases rise more than 50 percent from 222 reported by the Department of Health Services on May 1, to 380 on Wednesday.
For the latest information about COVID-19 in Rock County, visit the Rock County Public
Health Department’s website, www.co.rock.wi.us/publichealth
