Wisconsin Judge Blocks Governor’s Order Limiting Capacity

A Wisconsin judge on Wednesday temporarily blocked an order from Gov. Tony Evers’ administration limiting the number of people who can gather in bars, restaurants and other indoor places.

The Democratic governor’s order, issued by the Evers-appointed state health secretary Andrea Palm last week, limited the number of customers in many indoor establishments to 25% of capacity. Gatherings in indoor spaces without an occupancy limit were limited to 10 people. The order does not apply to colleges, schools, churches, polling locations, political rallies and outdoor venues.

The Tavern League of Wisconsin, the powerful lobbying group for the state’s 5,000 bars, restaurants and taverns, argued that the capacity limits amounted to “defacto closure.” It said that Palm didn’t have the legal authority to issue the order, which instead should have gone through the Republican-led Legislature’s rule-making process.

Sawyer County Circuit Judge John Yackel, who blocked the order a day after the Tavern League of Wisconsin sued, set a court date for Monday. He said the hearing will give attorneys for the Evers administration a chance to argue why the order should not be put on hold while the lawsuit plays out.

Evers’ spokeswoman, Britt Cudaback, said the ruling would be challenged. “This is a dangerous decision that leaves our state without a statewide effort to contain this virus,” she said.