Wisconsin Supreme Court Declines to Consider Reinstating Governor's Limits on Public Gatherings

Thursday, November 5th, 2020 -- 11:10 AM

(AP) -The conservative-leaning Wisconsin Supreme Court on Wednesday declined to consider reinstating Democratic Gov. Tony Evers’ coronavirus restrictions limiting the size of public gatherings, deferring to a lower court to decide.

Evers’ administration issued an order in early October that limited the size of indoor public gatherings to 25% of a building or room’s occupancy or 10 people in places without an occupancy limit. The order was designed to curb the spread of COVID-19.  The powerful Tavern League of Wisconsin filed a lawsuit challenging the order, arguing it would drive bars and restaurants out of business. A Sawyer County judge blocked it on Oct. 14 only to have a Barron County judge reinstate it five days later. That sparked an appeal from The Mix-Up bar in Amery and Pro-Life Wisconsin, which argues that the capacity restrictions limit its fundraising gatherings.  The 3rd District Court of Appeals blocked the restrictions on Oct. 23 while it considers the case.

Democratic Attorney General Josh Kaul, who is representing the Evers administration, asked the Supreme Court to take the case from the 3rd District and rule on the limits’ legality.  The court decided last week to hear a challenge to Evers’ statewide mask mandate without waiting for the case to move through the lower courts. But the court in a 4-3 ruling Wednesday refused to take the capacity limits case, with all four of the court’s conservative justices ruling against Kaul’s request and the three liberal justices dissenting. The two-page ruling offered no explanation.

Feel free to contact us with questions and/or comments.