{"id":"MET-MKE-027","kind":"order","level":"court","jurisdiction":"Wisconsin (Dane County orders)","state":"WI","metro":"MKE","industry":"","agency":"","eco":"","issuer":"Supreme Court of Wisconsin","authority":"Bypass from the Court of Appeals; Wis. Stat. § 252.03; Dane County Ordinance § 46.40","instrument":"Becker v. Dane County, 2022 WI 63 (Nos. 2021AP1343 \u0026 2021AP1382) (decided July 8, 2022)","title":"Jeffrey Becker, Andrea Klein and A Leap Above Dance, LLC v. Dane County, Janel Heinrich and Public Health of Madison \u0026 Dane County","dateIssued":"2022-07-08","effective":"2022-07-08","end":"n/a","startDate":"2022-07-08","endDate":"","quarters":[],"types":["OTHER","MASK"],"addressees":["Dane County","Public Health Madison \u0026 Dane County"],"clause":"On the statutory question, we hold that Wis. Stat. § 252.03 grants local health officers the authority to issue [public health] orders. As for preemption, we hold that no state law preempts [Dane County Ordinance § 46.40]... a local health officer\u0027s authority to [issue orders under] § 252.03 and Dane County Ordinance § 46.40 does not run afoul of [the nondelegation doctrine].","enforcement":"n/a","functions":["all functions reached by the Dane County orders (authority confirmed)"],"notes":"Confirms, after the fact, the lawful basis of every Dane County order relied on here, including the August-September 2021 face-covering orders challenged in that case; a later decision on remand issues is 2023 WI 36 (May 2, 2023).","sourceUrl":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf\u0026seqNo=542615","snapshot":"","fileExists":true,"fileBytes":565658,"grade":"primary","character":"","description":"","collection":"MET-MKE","url":"/library/MET-MKE-027","exhibitUrl":"/exhibit/MET-MKE-027","citation":"Supreme Court of Wisconsin, Becker v. Dane County, 2022 WI 63 (Nos. 2021AP1343 \u0026 2021AP1382) (decided July 8, 2022) (Ex. MET-MKE-027)","stateName":"Wisconsin","related":["WI-024","MET-MKE-026"]}