Judge puts Wisconsin capacity limit order back into effect

MADISON, Wis. (AP) — A Wisconsin judge on Monday reimposed an order from Gov. Tony Evers’ administration limiting the number of people who can gather in bars, restaurants and other indoor venues to 25% of capacity.

The capacity limits order was issued Oct. 6 by Andrea Palm, secretary of the state Department of Health Services, in the face of surging coronavirus cases in Wisconsin. A judge blocked the order on Oct. 14 after it was challenged by the Tavern League of Wisconsin, which argued it amounted to a “de facto closure" order for the bars and restaurants it represents.

But Barron County Judge James Babler on Monday put the capacity limits back into effect. He declined a request from the Tavern League to keep the capacity limit order on hold while the lawsuit is pending and declined to stay his ruling while the Tavern League and others appeal his decision.

“This critically important ruling will help us prevent the spread of this virus by restoring limits on public gatherings," Evers said in a statement, while encouraging people to stay at home, limit gatherings and wear a mask when in public.

Wisconsin last week set new daily records for positive coronavirus cases, deaths and hospitalizations. To date, the state has more than 166,000 positive cases and 1,574 deaths.

In denying the request to put the capacity limits order on hold, the judge said the Tavern League and others fighting the order did not have a reasonable probability of succeeding. He said no one had shown they would be harmed by following the order.

“I merely have the theoretical issue that if they were to comply, they would suffer harm,” Babler said. “I don’t see how anyone has been harmed by the order ... because no one has told me they changed their behavior,."

Attorney Misha...