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Ex. MET-MKE-027 Order Primary source read

Becker v. Dane County, 2022 WI 63 (Nos. 2021AP1343 & 2021AP1382) (decided July 8, 2022)

Jeffrey Becker, Andrea Klein and A Leap Above Dance, LLC v. Dane County, Janel Heinrich and Public Health of Madison & Dane County

Supreme Court of Wisconsin · Wisconsin (Dane County orders) (Court)

The COVID Project

The record

Jurisdiction
Wisconsin (Dane County orders) · Milwaukee and Madison · Wisconsin
Level
Court
Authority
Bypass from the Court of Appeals; Wis. Stat. § 252.03; Dane County Ordinance § 46.40
Issued
2022-07-08 July 8, 2022
Effective
2022-07-08
End
n/a
In force
July 8, 2022 (no end date recorded; counted as in force for 120 days)
Limitation types
Face-covering requirementOther
Addressees
  • Dane County
  • Public Health Madison & Dane County
Functions reached
  • all functions reached by the Dane County orders (authority confirmed)
Collection
Milwaukee and Madison MET-MKE

Operative words

On the statutory question, we hold that Wis. Stat. § 252.03 grants local health officers the authority to issue [public health] orders. As for preemption, we hold that no state law preempts [Dane County Ordinance § 46.40]... a local health officer's authority to [issue orders under] § 252.03 and Dane County Ordinance § 46.40 does not run afoul of [the nondelegation doctrine].

Enforcement

n/a

Notes

Confirms, after the fact, the lawful basis of every Dane County order relied on here, including the August-September 2021 face-covering orders challenged in that case; a later decision on remand issues is 2023 WI 36 (May 2, 2023).

Retrieval note

Slip opinion from wicourts.gov; located through the CourtListener API.