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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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
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 noteSlip opinion from wicourts.gov; located through the CourtListener API (cluster 'WCRIS v. Janel Heinrich', 2021 WI 58, filed 2021-06-11).