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
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
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 noteCharacter 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.