The COVID Project
The record
- Jurisdiction
- Wisconsin
- Level
- State
- Authority
- Wis. Stat. ch. 252, Communicable Diseases
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureGathering capSchools and child careQuarantine and isolationStanding duty
- Addressees
- persons generally; owners or persons in charge of buildings, vessels and conveyances (sub. (5)); schools, churches and 'other places' (sub. (3))
- Character
- statutory authority
- Collection
- Standing duties: Wisconsin DUT-WI
Operative words
(3) The department may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics. (4)... the department may promulgate and enforce rules or issue orders... for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things...
Penalty
§ 252.25 (DUT-WI-004): imprisonment up to 30 days or fine up to $500 or both for willful violation or obstruction of any departmental order under the chapter; sub. (5) agents appointed to execute orders at the expense of the unit of government or the State.
What it required
Every person, business and owner of premises in Wisconsin was subject to DHS orders forbidding public gatherings and imposing control, quarantine and disinfection measures on 'persons, localities and things,' applicable 'to the whole or any specified part of the state,' superseding 'conflicting or less stringent local regulations,' and the Department 'may authorize and implement all emergency measures necessary to control communicable diseases' (sub. (6)). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteEmergency Orders #12, #28, #34 and #36 recite § 252.02(3), (4) and (6) as their authority. Wisconsin Legislature v. Palm, 2020 WI 42 (Ex. WI-007) held Emergency Order #28 an unpromulgated rule and, as to stay-home, travel and business-closure directives, beyond § 252.02; it did not touch § 252.02(3) (school closures, Palm ¶ 58 n.21) or § 252.03. The current-text chapter (2023-24) is Ex. WI-039; this exhibit is the 2019-20 text in force during the six quarters.