The statewide indoor capacity restrictions in Emergency Order #3 are not enforceable, at least for now. On October 23, 2020, a Wisconsin court of appeals reinstated a temporary injunction blocking enforcement of the statewide restrictions. The court of appeals decision follows conflicting rulings from two district courts on whether Emergency Order #3 should be enforced pending the outcome of the lawsuits filed against Governor Evers’ administration.
This is a constantly evolving issue. Employers should ensure they are following the current state and local public health restrictions applicable to their organization. Summaries of the public health orders can be found here.
On October 19, 2020, Barron County Circuit Judge James C. Babler reinstated Emergency Order #3, which limits indoor gatherings throughout Wisconsin to no more than 25% of the total occupancy limit for the room or building. DHS Secretary Andrea Palm’s Emergency Order #3, effective from October 8 until November 6, 2020, exempts schools, polling locations, political rallies, churches, and some businesses, such as grocery stores. On October 14, 2020, a Sawyer County district court had temporarily blocked the Order in response to a lawsuit from state Tavern League members, who argued that Secretary Palm did not have authority to pass the statewide limitations.
Immediately following Judge Babler’s decision to uphold the statewide restrictions, Governor Evers issued a press release stating, “This critically important ruling will help us prevent the spread of this virus by restoring limits on public gatherings. This crisis is urgent.” See Lake Effect’s prior blog on Emergency Order #3.
As a reminder, employers must comply with any local public health orders such as those in Dane County that impose stricter requirements than those set forth in Emergency Order #3. See Lake Effect’s summary of local health orders.
The Lake Effect team will continue to monitor important COVID-related updates such as these from federal, state, and local authorities. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at email@example.com or 1-844-333-5253.