Daily feature: Featured lawsuit
Once a week, we take a closer look at a noteworthy lawsuit involving governmental responses to the COVID-19 outbreak in the United States. We define a noteworthy lawsuit as one that has garnered significant media attention, involves major advocacy groups, or deals with unique legal questions. This week, we look at a lawsuit involving indoor capacity restrictions in Wisconsin.
Tavern League of Wisconsin, Inc. v. Palm
On Oct. 19, Judge James Babler of Wisconsin’s Barron County Circuit Court declined to block state officials from enforcing capacity limits in bars and restaurants across Wisconsin.
What is at issue?
At Gov. Tony Evers’ (D) direction, Wisconsin Health Secretary Andrea Palm issued Emergency Order #3, limiting indoor public gatherings to no more than 25% capacity, with certain limitations. In its complaint, the Tavern League of Wisconsin alleged the emergency indoor capacity limits were an attempt to "regulate businesses and public gatherings in a manner nearly identical to portions of Emergency Order #28," which the state supreme court struck down on May 13.
On Oct. 14, Judge John M. Yackel issued a temporary restraining order in favor of the Tavern League.
How did the court rule?
Babler said the Tavern League and other plaintiffs had failed to meet the standard of irreparable harm necessary for an injunction. Babler wrote: "I merely have the theoretical issue that if they were to comply, they would suffer harm," adding, "I don’t see how anyone has been harmed by the order ... because no one has told me they changed their behavior" after it was issued. Babler said, "I beg the Supreme Court for clarity because should this issue be decided by them, trial judges need to know how they need to rule."
Babler issued his ruling orally from the bench. An excerpt of that order can be viewed here.
What are the reactions, and what comes next?
Scott Stenger, a lobbyist for the Tavern League, said the group is not currently planning to appeal the ruling: "Maybe somebody now will listen to the fact that this isn’t a joke anymore. We’re going out of business." Evers said, "This critically important ruling will help us prevent the spread of this virus by restoring limits on public gatherings."
Additional activity
In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.
- The Centers for Disease Control and Prevention issued new guidance changing the definition of close contact for an individual infected with the coronavirus. Under previous guidelines, a close contact was defined as someone who spent at least 15 consecutive minutes within six feet of a confirmed coronavirus case. The new guidance defines a close contact as someone who was within six feet of a confirmed coronavirus case for a total of 15 minutes or more over a 24-hour period.
- The Cheyenne-Laramie County Board of Health ordered county health officer Dr. Stan Hartman to issue a countywide mask mandate. At the time of the vote, Teton County was the only other county in Wyoming with a mask mandate.
|
