{"id":"WI-022","kind":"order","level":"court","jurisdiction":"Wisconsin","state":"WI","metro":"","industry":"","agency":"","eco":"","issuer":"Wisconsin Supreme Court (Roggensack, C.J., lead opinion)","authority":"Bypass from the Court of Appeals; Wis. Stat. 227.01(13), ch. 227","instrument":"Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742","title":"Opinion affirming that Emergency Order 3 was an unpromulgated rule, not validly enacted and unenforceable","dateIssued":"2021-04-14","effective":"2021-04-14","end":"","startDate":"2021-04-14","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["OTHER"],"addressees":["Department of Health Services"],"clause":"¶2 We conclude that Emergency Order 3 meets the definition of a rule... Therefore, Emergency Order 3 should have been promulgated [under] ch. 227. Because it was not, Emergency Order 3 was not validly enacted and was unenforceable. Accordingly, we affirm the decision of the court of appeals.... ¶7 The circuit court, the Honorable John M. Yackel originally presiding, granted the Tavern League plaintiffs\u0027 motion for an ex parte temporary injunction.... ¶12 The court of appeals summarily reversed the circuit court. Tavern League v. Palm, No. 2020AP1742, unpublished slip op. (Wis. Ct. App. Nov. 6, 2020). The court of appeals held that \u0027under our supreme court\u0027s holding in Palm, Emergency Order #3 is invalid and unenforceable, as a matter of law.\u0027","enforcement":"Affirmance; declaratory relief","functions":["fixes the enforcement history of the Oct. 8 to Nov. 6, 2020 capacity order"],"notes":"¶5 quotes Emergency Order 3; DHS\u0027s Nov. 10, 2020 affidavit said an Emergency Order 4 would issue immediately if the court of appeals were reversed (¶10 n.).","sourceUrl":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf\u0026seqNo=356506","snapshot":"","fileExists":true,"fileBytes":325155,"grade":"primary","character":"","description":"","collection":"WI","url":"/library/WI-022","exhibitUrl":"/exhibit/WI-022","citation":"Wisconsin Supreme Court (Roggensack, C.J., lead opinion), Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742 (Apr. 14, 2021) (Ex. WI-022)","stateName":"Wisconsin","related":["WI-012"]}