|Welcome to Documenting America’s Path to Recovery, where we track the status of reopening in all 50 states. Today we look at Hawaii’s new testing program for travelers, changes in county risk designations in North Dakota, a featured lawsuit, and more. Want to know what happened yesterday? Click here.
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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. 14, Judge John M. Yackel of Wisconsin’s Sawyer County Circuit Court temporarily blocked emergency indoor capacity restrictions issued in response to an uptick in statewide COVID-19 infections.
What was at issue?
Upon 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 argued Executive Order #3 “purports to regulate businesses and public gatherings in a manner nearly identical to portions of Emergency Order #28,” which the Wisconsin Supreme Court struck down on May 13.
How did the court rule, and what comes next?
In his order, Yackel wrote that Evers and his administration “are immediately restrained, until further order from the Court, from enforcing Emergency Order #3.” Britt Cudaback, a representative for Evers, said: “This is a dangerous decision that leaves our state without a statewide effort to contain this virus.”
Yackel scheduled oral arguments for Oct. 19 to discuss whether the temporary injunction should be lifted or extended.