{"id":"WI-023","kind":"order","level":"court","jurisdiction":"Wisconsin","state":"WI","metro":"","industry":"","agency":"","eco":"","issuer":"Wisconsin Supreme Court (Rebecca Grassl Bradley, J.)","authority":"Original action; Wis. Stat. 252.03; Wis. Const. art. I, §§ 1, 18","instrument":"James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA","title":"Opinion holding local health officers lack statutory power to close schools; Dane County Emergency Order 9 vacated in part","dateIssued":"2021-06-11","effective":"2021-06-11 (temporary injunction had issued Sept. 10, 2020)","end":"","startDate":"2021-06-11","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["SCH","OTHER"],"addressees":["local health officers","Public Health Madison and Dane County"],"clause":"¶3 We agree with the Petitioners and hold: (1) local health officers do not have the statutory power to close schools under Wis. Stat. § 252.03; and (2) Heinrich\u0027s Order infringes the Petitioners\u0027 fundamental right to the free exercise of religion guaranteed under Article I, Section 18 of the Wisconsin Constitution, which Jacobson cannot override. Accordingly, those portions of the Order restricting or prohibiting in-person instruction are unlawful, unenforceable, and are hereby vacated.... ¶14 On September 10, 2020, this court granted the three [petitions and enjoined the school-closure provisions].","enforcement":"Rights declared; order vacated in part","functions":["IN in-person instruction (local closure power denied)","WF (families)"],"notes":"Dane County Emergency Order 9 (Aug. 21, 2020) closed grades 3-12 for in-person instruction; Opinion filed June 11, 2021 (not June 25).","sourceUrl":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf\u0026seqNo=376845","snapshot":"","fileExists":true,"fileBytes":547699,"grade":"primary","character":"","description":"","collection":"WI","url":"/library/WI-023","exhibitUrl":"/exhibit/WI-023","citation":"Wisconsin Supreme Court (Rebecca Grassl Bradley, J.), James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA (June 11, 2021) (Ex. WI-023)","stateName":"Wisconsin","related":["DUT-WI-002"]}