Emergency Order #3, Limiting Public Gatherings, §§ 2, 6

The record

Jurisdiction

Wisconsin

Level

State

Authority

Wis. Stat. § 252.02(3), (4) and (6); Executive Order #90

Issued

2020-10-06 Oct. 6, 2020

Effective

2020-10-08 8:00 a.m. (read as 2020-10-08)

End

2020-11-06 by its terms; enforcement restrained by a Sawyer County circuit court order of Oct. 14, 2020; held an unpromulgated rule and unenforceable in Tavern League of Wisconsin v. Palm, 2021 WI 33 (Ex. WI-022) (read as 2020-11-06)

In force

Oct. 8, 2020 to Nov. 6, 2020

Quarters

2020 Q4

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Capacity limitGathering capOperating condition

Addressees

• every indoor place open to the public: rooms within a business location, store or facility that allow members of the public to enter; ticketed events
• local governments

Functions reached

• SF every retail room open to the public at 25 percent
• DR/BA dining rooms and taverns at 25 percent
• FC/PE/EVT ticketed events, theaters, venues at 25 percent
• MC meeting rooms open to the public
• GATH

Collection

Standing duties: Wisconsin DUT-WI

Operative words

1.a. Public gathering means an indoor event, convening, or collection of individuals, whether planned or spontaneous, that is open to the public and brings together people who are not part of the same household in a single room. i. Places that are open to the public include, but are not limited to: 1. Rooms within a business location, store, or facility that allow members of the public to enter. 2. Ticketed events... ii. Places that are not open to the public... include... 1. Office spaces, manufacturing plant, and other facilities that are accessible only by employees or other authorized personnel. 2. Invitation-only events that exclude uninvited guests. 3. Private residences.... 2. Public gatherings limited. a. Public gatherings are limited to no more than 25% of the total occupancy limits for the room or building, as established by the local municipality. b. For indoor spaces without an occupancy limit for the room or building that is established by the local municipality, such as a private residence, public gatherings are limited to no more than 10 people. c. The following are exempt from limitations on public gatherings: i. Child care settings... iii. 4K-12 schools. iv. Institutions of higher education. v. Health care and public health operations... vi. Human services operations, which includes: long-term care and assisted living facilities, as long as the facility follows all current DHS Recommendations for Prevention of COVID-19 in Long-Term Facilities and Assisted Living Facilities... vii. Public Infrastructure operations, which includes: food production, food distribution and fulfillment centers, food storage facilities; construction;... 5. Local Orders. Local governments may issue orders that are more restrictive... 8. Duration. This order shall become effective at 8:00 a.m. on October 8, 2020. This order shall remain in effect for two incubation periods of COVID-19, which will end November 6, 2020.

Enforcement

Notes