The COVID Project
The record
- Jurisdiction
- Wisconsin
- Level
- Court
- Authority
- Original action; Wis. Stat. 252.03; Wis. Const. art. I, §§ 1, 18
- Issued
- 2021-06-11 June 11, 2021
- Effective
- 2021-06-11 (temporary injunction had issued Sept. 10, 2020) (read as 2021-06-11)
- In force
- June 11, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Schools and child careOther
- Addressees
- local health officers
- Public Health Madison and Dane County
- Functions reached
- IN in-person instruction (local closure power denied)
- WF (families)
- Collection
- Wisconsin WI
Operative words
¶3 We agree with the Petitioners and hold: (1) local health officers do not have the statutory power to close schools under Wis. Stat. § 252.03; and (2) Heinrich's Order infringes the Petitioners' fundamental right to the free exercise of religion guaranteed under Article I, Section 18 of the Wisconsin Constitution, which Jacobson cannot override. Accordingly, those portions of the Order restricting or prohibiting in-person instruction are unlawful, unenforceable, and are hereby vacated.... ¶14 On September 10, 2020, this court granted the three [petitions and enjoined the school-closure provisions].
Enforcement
Rights declared; order vacated in part
Notes
Dane County Emergency Order 9 (Aug. 21, 2020) closed grades 3-12 for in-person instruction; Opinion filed June 11, 2021 (not June 25).