Wisconsin high court: Governor can't limit business capacity

Wisconsin high court: Governor can't limit business capacity

SeattlePI.com

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MADISON, Wis. (AP) — The Wisconsin Supreme Court on Wednesday ruled that Gov. Tony Evers' administration does not have the authority to issue capacity limits on bars, restaurants and other businesses without the Legislature's approval, a ruling that comes two weeks after the conservative-controlled court struck down the state's mask mandate.

The state Supreme Court also ruled last year in a similar case that the Democratic governor needed the approval of the Legislature, which is controlled by Republicans, to issue an emergency declaration that shut down businesses early in the coronavirus pandemic.

There has not been a statewide capacity limit restriction in place since October. That order limited the size of indoor public gatherings to 25% of a building's or room’s occupancy or 10 people in places that don’t have an occupancy limit. The on-again, off-again order was blocked by a state appeals court that month.

The Supreme Court ruled 4-3 on Wednesday that the order issued by Evers' Department of Health Services meets the definition of a rule, which by law must go through the Legislature. The court's four conservative justices ruled against Evers, while three liberals dissented.

Justice Ann Walsh Bradley, writing for the dissent, said the emergency order did not meet the definition of a rule and the Evers' administration did not have to “go through the cumbersome rulemaking process."

“At a time when public health experts are imploring pandemic-weary Wisconsinites to stay vigilant, a faulty statutory analysis once again leads this court to undermine public health measures,” Bradley wrote.

The case was brought by the Mix-Up Bar in Amery and Pro-Life Wisconsin, a group that opposes abortion rights. They argued that the court's 2020 ruling blocking the governor's safer at home order set a precedent that...

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