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Wis. Supreme Court rules Gov. Evers can’t issue capacity limits for businesses

In order to issue capacity limits for businesses, the Wis. Supreme Court says that Gov. Evers...
In order to issue capacity limits for businesses, the Wis. Supreme Court says that Gov. Evers needed approval of the state Legislature.(Lou Thao)
Published: Apr. 14, 2021 at 8:26 AM CDT
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MADISON, Wis. (WEAU) - By a 4-3 decision, the Wisconsin Supreme Court ruled Wednesday that Wisconsin Gov. Tony Evers did not have the authority to issue capacity limits for restaurants, bars, and other establishments due to the coronavirus pandemic.

In order to issue such rules, the Court says that Gov. Evers needed approval of the state Legislature.

According to the decision, Emergency Order 3, which limited establishments to 25% of maximum capacity or 10 people if no maximum capacity had been determined, did not follow Wisconsin rulemaking statues. Therefore, Emergency Order 3 was not validly enacted and was unenforceable, according to the majority decision written by Chief Justice Patience Drake Roggensack.

With the decision, the Wisconsin Supreme Court upholds the decision of an appeals court, which placed the statewide capacity limits on hold in October.

In late March, the state’s Supreme Court also struck down Gov. Evers’ emergency order that included a statewide mask mandate.

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