{"id":"WI-007","kind":"order","level":"court","jurisdiction":"Wisconsin","state":"WI","metro":"","industry":"","agency":"","eco":"","issuer":"Wisconsin Supreme Court (Roggensack, C.J.)","authority":"Original action, Wis. Const. art. VII, § 3; Wis. Stat. §§ 227.01(13), 227.24, 252.02, 252.25","instrument":"Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA, ¶¶ 3-4","title":"Emergency Order 28 is a rule requiring emergency rulemaking and is unenforceable; § 252.25 requires rulemaking before criminal penalties; the stay-home, travel and business-closure directives exceeded § 252.02; the Secretary was not without power to act","dateIssued":"2020-05-13","effective":"2020-05-13","end":"n/a","startDate":"2020-05-13","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER"],"addressees":["Department of Health Services"],"clause":"¶3 We conclude that Emergency Order 28 is a rule under the controlling precedent of this court... and therefore is subject to statutory emergency rulemaking procedures established by the Legislature. Emergency Order 28 is a general order of general application within the meaning of Wis. Stat. § 227.01(13), which defines \u0027Rule.\u0027 Accordingly, the rulemaking procedures of Wis. Stat. § 227.24 were required to be followed during the promulgation of Order 28. Because they were not, Emergency Order 28 is unenforceable. [n.6: This decision does not apply to Section 4. a. of Emergency Order 28.]... ¶4 We do not conclude that Palm was without any power to act in the face of this pandemic. However, Palm must follow the law that is applicable to state-wide emergencies. We further conclude that Palm\u0027s order confining all people to their homes, forbidding travel and closing businesses exceeded the statutory authority of Wis. Stat. § 252.02 upon which Palm claims to rely.... By the Court.--Palm\u0027s Emergency Order 28 is declared unlawful, invalid, and unenforceable.","enforcement":"Declaratory judgment","functions":["ends the statewide stay-home, closure, travel and gathering regime; leaves school closure (section 4.a) and local health-officer powers intact"],"notes":"¶5-7 recite Executive Order 72, Emergency Order 12, Emergency Order 28 and Emergency Order 31. The decision limited DHS under 252.02; it did not address local officers\u0027 powers under 252.03 (see Becker).","sourceUrl":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf\u0026seqNo=260868","snapshot":"","fileExists":true,"fileBytes":803767,"grade":"primary","character":"","description":"","collection":"DUT-WI","url":"/library/WI-007","exhibitUrl":"/exhibit/WI-007","citation":"Wisconsin Supreme Court (Roggensack, C.J.), Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA, ¶¶ 3-4 (May 13, 2020) (Ex. WI-007)","stateName":"Wisconsin","related":["DUT-WI-001","DUT-WI-004","SEC-21-GM-012","SEC-22-GM-025","SEC-22-GM-026","SEC-22-GM-053","SEC-25-GM-049"]}