The COVID Project
The record
- Jurisdiction
- Wisconsin
- Level
- Court
- Authority
- Bypass from the Court of Appeals; Wis. Stat. 227.01(13), ch. 227
- Issued
- 2021-04-14 Apr. 14, 2021
- Effective
- 2021-04-14
- In force
- Apr. 14, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- Department of Health Services
- Functions reached
- fixes the enforcement history of the Oct. 8 to Nov. 6, 2020 capacity order
- Collection
- Wisconsin WI
Operative words
¶2 We conclude that Emergency Order 3 meets the definition of a rule... Therefore, Emergency Order 3 should have been promulgated [under] ch. 227. Because it was not, Emergency Order 3 was not validly enacted and was unenforceable. Accordingly, we affirm the decision of the court of appeals.... ¶7 The circuit court, the Honorable John M. Yackel originally presiding, granted the Tavern League plaintiffs' motion for an ex parte temporary injunction.... ¶12 The court of appeals summarily reversed the circuit court. Tavern League v. Palm, No. 2020AP1742, unpublished slip op. (Wis. Ct. App. Nov. 6, 2020). The court of appeals held that 'under our supreme court's holding in Palm, Emergency Order #3 is invalid and unenforceable, as a matter of law.'
Enforcement
Affirmance; declaratory relief
Notes
¶5 quotes Emergency Order 3; DHS's Nov. 10, 2020 affidavit said an Emergency Order 4 would issue immediately if the court of appeals were reversed (¶10 n.).