The COVID Project
The record
- Jurisdiction
- Wisconsin
- Level
- Court
- Authority
- Bypass from the Court of Appeals; Wis. Stat. § 252.03; Dane County Ordinance § 46.40
- Issued
- 2022-07-08 July 8, 2022
- Effective
- 2022-07-08 (construing § 252.03 (2019-20) as it stood throughout 2020-2021) (read as 2022-07-08)
- End
- n/a
- In force
- July 8, 2022 (no end date recorded; counted as in force for 120 days)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- local health officers
- Dane County
- Functions reached
- validates every county and city health-officer order in force in Wisconsin 2020-2021, including Q3 2021 (Dane County mask order Aug. 19, 2021)
- Collection
- Standing duties: Wisconsin DUT-WI
Operative words
¶2 On the statutory question, we hold that Wis. Stat. § 252.03 grants local health officers the authority to issue orders. As for preemption, we hold that no state law preempts [the ordinance]. [On the constitutional] question, we hold that a local health officer's authority to issue enforceable public health orders pursuant to Wis. Stat. § 252.03 and Dane County Ordinance § 46.40 does not run afoul of [the nondelegation doctrine].
Enforcement
Notes
Post-period decision; cited for the legal status of the local orders that governed Wisconsin's metros after May 13, 2020.
Retrieval noteThe Court's holding paragraph: the authority 'to "do what is reasonable and necessary for the prevention and suppression of disease" and "take all measures necessary to prevent, suppress and control communicable diseases" both authorize acting via order.' Also held at MET-MKE-027.