Skip to content
The COVID Project
  1. Library
  2. Religious Organizations and Nonprofits
  3. SEC-16-029

Ex. SEC-16-029 Order Primary source read

Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA

Opinion holding Emergency Order 28 unlawful and unenforceable

Supreme Court of Wisconsin · Wisconsin (Court)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
Court
Authority
Original action; Wis. Stat. 252.02, 227.24
Issued
2020-05-13 May 13, 2020
Effective
2020-05-13
In force
May 13, 2020 to June 30, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureGathering cap
Addressees
  • Secretary-designee of Health Services
Functions reached
  • WS the 'fewer than 10 people in a room' rule for religious gatherings ended May 13, 2020
  • FS
  • OP
Collection
Religious Organizations and Nonprofits SEC-16

Operative words

We conclude that Emergency Order 28 is a rule under the controlling precedent of this court... 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. Furthermore, Wis. Stat. § 252.25 required that Emergency Order 28 be promulgated using the procedures established by the Legislature for rulemaking if criminal penalties were to follow... Because Palm did not follow the law in creating Order 28, there can be no criminal penalties for violations of her order.

Retrieval note

Clause corrected to the opinion's exact words (repair, Sept. 27, 2026).