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  3. WI-003

Ex. WI-003 Order Primary source read

Emergency Order #28, Safer at Home Order (extension), § 2.b (Safe Business Practices) and § 18 (Enforcement)

Safe Business Practices: all businesses shall use technology to avoid meeting in person and cease door-to-door solicitation; Essential Businesses and Operations shall comply with Social Distancing Requirements, restrict workers on premises to those strictly necessary, increase cleaning and disinfection and adopt positive-case protocols

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services · Wisconsin (State)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Stat. § 252.02(3), (4) and (6); Executive Order #72
Issued
2020-04-16 Apr. 16, 2020
Effective
2020-04-24 8:00 a.m. (read as 2020-04-24)
End
2020-05-13 (declared unlawful, invalid and unenforceable in Wisconsin Legislature v. Palm, 2020 WI 42, except § 4.a school closures) (read as 2020-05-13)
In force
Apr. 24, 2020 to May 13, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureTelework mandateWorkplace rulesOperating condition
Addressees
  • all individuals
  • all businesses
  • essential retail
  • schools and libraries
  • golf courses
  • restaurants and bars
Functions reached
  • CB
  • SF (25 percent occupancy; curbside only for non-essential)
  • OF telework to the greatest extent feasible
  • WF (schools closed through school year)
  • GATH
  • TR
  • SC (suppliers to non-essential businesses limited to Minimum Basic Operations, section 14.d-e)
  • JS (exterior work one person)
  • FC (golf with restrictions; gyms, theaters closed)
Collection
Standing duties: Wisconsin DUT-WI

Operative words

2.a. Non-essential business and operations must cease. All for-profit and non-profit businesses with a facility in Wisconsin, except Essential Businesses and Operations as defined below, must cease all activities at facilities located within Wisconsin, except: i. Minimum Basic Operations, as defined below. ii. Any operations consisting exclusively of employees or contractors performing activities at their own home or residences (i.e., working from home). b. Safe Business Practices. i. All businesses, including Essential Businesses and Operations, shall: 1. To the greatest extent feasible, use technology to avoid meeting in person, including virtual meetings, teleconference, and remote work (i.e. work from home). 2. Cease door-to-door solicitation. ii.... Essential businesses and operations shall:... 2. Restrict the number of workers present on premises to no more than is strictly necessary to perform the essential operation.... iii. Essential Businesses or Operations that remain open for in-person sales, including retail stores, shall:... 2. For stores with less than 50,000 square feet of customer floor space, limit the number of people in the store (including employees) to 25% of the total occupancy limits established by the local municipality. 3. For stores of more than 50,000 square feet: a. Limit the number of customers in the store at one time (excluding employees) to 4 people per 1,000 square feet of customer floor space.... 4.a. Schools. Public and private K-12 schools shall remain closed for pupil instruction and extracurricular activities for the remainder of the 2019-2020 school year.... 14.e. Curb-side pick-up. Minimum Basic Operations may include curb-side pick-up of goods, if all of the operations are performed by one person in a room or confined space at a time... 14.g.... Aesthetic or optional exterior work requiring more than one person on the site are prohibited. 15. Essential Travel. Individuals are strongly encouraged to remain at their primary residence or home.... 21. Duration. This Order shall become effective at 8:00 a.m. on Friday, April 24, 2020. This Order shall remain in effect until 8:00 a.m. on Tuesday, May 26, 2020.

Enforcement

Section 18: enforceable by any local law enforcement official; violation punishable by up to 30 days imprisonment, or up to $250 fine, or both, Wis. Stat. 252.25 (Palm ¶3 held no criminal penalties could follow absent rulemaking). Section 20: supersedes any local order in conflict.

Notes

Section 4.c golf courses may open with carts prohibited, advance tee times, clubhouses, pro shops, driving ranges and miniature golf closed; section 4.b libraries curbside; section 14.f arts and craft stores curbside for PPE materials; section 4.d salons and spas closed. Palm n.6/n.21: 'This decision does not apply to Section 4. a. of Emergency Order 28.'

Retrieval note

Emergency Orders #34 and #36 (DUT-WI-013, -014) keep this order in effect and build on § 2.b.ii.2-4 and § 14. Palm ended its enforceability on May 13, 2020; the same conduct remained commanded by § 101.11, ch. 252 and the local orders.