Wisconsin’s Supreme Court on Wednesday struck down Governor Tony Evers coronavirus stay-at-home order.
The 4-3 decision tosses out Evers’s order which closed businesses and schools across the state. Evers, who is a Democrat, will now have to work with the Republican-controlled legislature on a path forward to slow the spread of the respiratory illness. Evers initially issued his stay-at-home order on March 18th.
The decision cannot be appealed, and is the final say in the matter.
Some bars opened their doors Wednesday in the Green Bay and Fox Valley areas after the Wisconsin Tavern League told people the following:
In a 4-3 ruling the State Supreme Court found the Emergency Orders issued by Secretary Palm as unlawful, invalid and unenforceable. The result of this decision is business can open immediately. Please follow the WEDC guidelines you can find on the TLW website. We will get you a more detailed summary of the decision, however, according to the ruling you can OPEN IMMEDIATELY!
Evers called an emergency news conference Wednesday night, saying that Republicans and the Court have “thrown Wisconsin into chaos”, and he predicted that more people will get sick, and there will be more deaths.
Evers posted this on Twitter:
“I am disappointed in this decision, but our top priority has been and will remain doing what we can and what we have to do to protect the health and safety of our state. After months of unproductive posturing, I hope the folks in the Legislature are ready to do the same.”
“And just because the Supreme Court says it’s okay to open, doesn’t mean that science does. We need everyone to continue doing their part to keep our families, our neighbors and our communities safe by continuing to stay safer at home, practice social distancing, and limit travel.”
“Up to now, we were in a pretty good place in our battle against #COVID19. We had reached almost all our gating criteria. We had opened up small businesses across the state, putting folks back to work, and that was because of the good work of Wisconsinites across our state.”
After Wednesday’s ruling, Assembly Majority Leader Jim Steineke (R-Kaukauna) issued the following statement:
“Late today, the Wisconsin Supreme Court found that Governor Evers’ Department of Health Services does not have the authority to mandate the closure of businesses, churches, or other facets within our communities without consent or input from the legislative branch.”
“Instead of coming together to work on a plan for all of Wisconsin like we repeatedly called for, tonight’s ruling only shows that Governor Evers and his administration overreached under the law and is being told to play by the rules.
“As legislative Republicans have said all along, all Wisconsin businesses are essential, as are the families they support in our communities. As we now move to join the many other states who don’t have shelter in place orders in effect, I would encourage those planning to open the doors for the first time to be proactive and smart about finding ways to safely open their businesses.”
“Further, I would encourage small businesses in our region to utilize the commonsense guidance made available by the Wisconsin Economic Development Corporation for ensuring a safe workplace.
“Finally, as we continue to move forward, I would like to again invite Governor Evers to join us in collaborating on solutions as we work to develop new COVID-related policies that work for all of us.”
Some counties, including Green Bay’s Brown County, issued local Stay at Home orders within hours of the Supreme Court ruling, and those are in effect until May 20th. The governor’s order was supposed to run through May 26th.
Here is Evers’s’ full statement, released Wednesday night:
“Up until now, Wisconsin was in a pretty good place in our battle against COVID-19. We had reached almost all our gating criteria. We had opened up 14,000 small businesses across the state, putting 90,000 folks back to work, and that was because of the good work of Wisconsinites across our state who banded together, stayed home, and stayed safe,” said Gov. Evers. “Despite that good work, Republican legislators have convinced 4 justices to throw our state into chaos.
We cannot let today’s ruling undo all the work we have done and all the sacrifices Wisconsinites have made over these past few months. We need everyone to continue doing their part to keep our families, our neighbors, and our communities safe by continuing to stay safer at home, practice social distancing, and limit travel, because folks, deadly viruses don’t wait around for politicians and bureaucrats to settle their differences or promulgate rules.
This virus has killed more than 400 of our family members, friends, and neighbors and thousands more across our state are sick. I am disappointed in the decision today, but our top priority has been and will remain doing what we can and what we have to do to protect the health and safety of the people of our state. After months of unproductive posturing, I hope the folks in the Legislature are ready to do the same.”
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