State Supreme Court Won’t Weigh Reinstating Wisconsin Capacity Limits

Wednesday, the Supreme Court of Wisconsin voted not to consider whether to reinstate the governor’s order that limited indoor capacity and imposed gathering restrictions.

The order, which Gov. Tony Evers issued in October, is not currently in effect. Gov. Evers noted Wednesday that the back-and-forth is only hurting the state’s ability to get the virus under control.

Wisconsin Attorney General Josh Kaul had asked the state’s highest court to consider reinstating the order, which caps indoor public gatherings at 25% occupancy or 10 people if an occupancy restriction is not in place.

The order was blocked by the 3rd District Court of Appeals in October after Pro-Life Wisconsin and a bar in Amery appealed a circuit court judge’s decision to uphold the capacity limit.

The decision stemmed from a lawsuit filed against the state by the Tavern League of Wisconsin. The governor’s chief legal counsel, Ryan Nilsestuen, said he plans to appeal Wednesday’s outcome.