Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA

The record

Jurisdiction

Wisconsin

Level

Court

Authority

Original action; Wis. Stat. 252.02, 227.24

Issued

2020-05-13 May 13, 2020

Effective

2020-05-13

In force

May 13, 2020 to June 30, 2020

Quarters

2020 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Stay-at-homeBusiness closureGathering cap

Addressees

• Secretary-designee of Health Services

Functions reached

• WS the 'fewer than 10 people in a room' rule for religious gatherings ended May 13, 2020
• FS
• OP

Collection

Religious Organizations and Nonprofits SEC-16

Operative words

We conclude that Emergency Order 28 is a rule under the controlling precedent of this court... Accordingly, the rulemaking procedures of Wis. Stat. § 227.24 were required to be followed during the promulgation of Order 28. Because they were not, Emergency Order 28 is unenforceable. Furthermore, Wis. Stat. § 252.25 required that Emergency Order 28 be promulgated using the procedures established by the Legislature for rulemaking if criminal penalties were to follow... Because Palm did not follow the law in creating Order 28, there can be no criminal penalties for violations of her order.