The COVID Project
The record
- Jurisdiction
- Wisconsin (Dane County orders) · Milwaukee and Madison · Wisconsin
- Level
- Court
- Authority
- Bypass from the Court of Appeals; Wis. Stat. § 252.03; Dane County Ordinance § 46.40
- Issued
- 2022-07-08 July 8, 2022
- Effective
- 2022-07-08
- End
- n/a
- In force
- July 8, 2022 (no end date recorded; counted as in force for 120 days)
- Limitation types
- Face-covering requirementOther
- Addressees
- Dane County
- Public Health Madison & Dane County
- Functions reached
- all functions reached by the Dane County orders (authority confirmed)
- Collection
- Milwaukee and Madison MET-MKE
Operative words
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's authority to [issue orders under] § 252.03 and Dane County Ordinance § 46.40 does not run afoul of [the nondelegation doctrine].
Enforcement
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).
Retrieval noteSlip opinion from wicourts.gov; located through the CourtListener API.