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Ex. WI-007 Order Primary source read

Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA, ¶¶ 3-4

Emergency Order 28 is a rule requiring emergency rulemaking and is unenforceable; § 252.25 requires rulemaking before criminal penalties; the stay-home, travel and business-closure directives exceeded § 252.02; the Secretary was not without power to act

Wisconsin Supreme Court (Roggensack, C.J.) · Wisconsin (Court)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
Court
Authority
Original action, Wis. Const. art. VII, § 3; Wis. Stat. §§ 227.01(13), 227.24, 252.02, 252.25
Issued
2020-05-13 May 13, 2020
Effective
2020-05-13
End
n/a (read as 2021-09-30)
In force
May 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Other
Addressees
  • Department of Health Services
Functions reached
  • ends the statewide stay-home, closure, travel and gathering regime; leaves school closure (section 4.a) and local health-officer powers intact
Collection
Standing duties: Wisconsin DUT-WI

Operative words

¶3 We conclude that Emergency Order 28 is a rule under the controlling precedent of this court... and therefore is subject to statutory emergency rulemaking procedures established by the Legislature. Emergency Order 28 is a general order of general application within the meaning of Wis. Stat. § 227.01(13), which defines 'Rule.' 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. [n.6: This decision does not apply to Section 4. a. of Emergency Order 28.]... ¶4 We do not conclude that Palm was without any power to act in the face of this pandemic. However, Palm must follow the law that is applicable to state-wide emergencies. We further conclude that Palm's order confining all people to their homes, forbidding travel and closing businesses exceeded the statutory authority of Wis. Stat. § 252.02 upon which Palm claims to rely.... By the Court.--Palm's Emergency Order 28 is declared unlawful, invalid, and unenforceable.

Enforcement

Declaratory judgment

Notes

¶5-7 recite Executive Order 72, Emergency Order 12, Emergency Order 28 and Emergency Order 31. The decision limited DHS under 252.02; it did not address local officers' powers under 252.03 (see Becker).

Retrieval note

Character coded order_penalty because the passage construes § 252.25. The decision is the reason the Wisconsin State layer is confined after May 13, 2020 to the face-covering and gathering orders; it is not a holding that Wisconsin employers were free of legal duty.