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Ex. MET-MKE-026 Order Primary source read

James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021)

Sara Lindsey James v. Janel Heinrich; Wisconsin Council of Religious and Independent Schools v. Heinrich; St. Ambrose Academy v. Heinrich

Supreme Court of Wisconsin · Wisconsin (Dane County orders) (Court)

The COVID Project

The record

Jurisdiction
Wisconsin (Dane County orders) · Milwaukee and Madison · Wisconsin
Level
Court
Authority
Original action, Wis. Const. art. VII, § 3; Wis. Stat. § 252.03
Issued
2021-06-11 June 11, 2021
Effective
Temporary injunction granted September 10, 2020 (¶ 14); rights declared and Emergency Order #9's school-closure provisions vacated June 11, 2021 (read as 2020-09-10)
End
n/a (read as 2021-06-30)
In force
Sept. 10, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitation types
Schools and child careOther
Addressees
  • Public Health Officer of Madison and Dane County
Functions reached
  • IN in-person instruction (restored for grades 3-12 from Sept. 10, 2020 by injunction)
  • WF workforce
Collection
Milwaukee and Madison MET-MKE

Operative words

Section 252.03 does not provide local health officials with any authority to close schools; accordingly, Heinrich's Order is statutorily unlawful.... [the provisions of Emergency Order #9 closing schools for in-person] instruction are unlawful, unenforceable, and are hereby vacated.... ORIGINAL ACTION. Rights declared; order vacated.

Enforcement

n/a

Notes

Injunction history for Dane County's school order only; the court left the gathering, capacity, tavern and face-covering provisions untouched, and Becker (Ex. MET-MKE-027) later confirmed the health officer's authority to issue such orders.

Retrieval note

Slip opinion from wicourts.gov; located through the CourtListener API (cluster 'WCRIS v. Janel Heinrich', 2021 WI 58, filed 2021-06-11).