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Ex. WI-022 Order Primary source read

Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742

Opinion affirming that Emergency Order 3 was an unpromulgated rule, not validly enacted and unenforceable

Wisconsin Supreme Court (Roggensack, C.J., lead opinion) · Wisconsin (Court)

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The record

Jurisdiction
Wisconsin
Level
Court
Authority
Bypass from the Court of Appeals; Wis. Stat. 227.01(13), ch. 227
Issued
2021-04-14 Apr. 14, 2021
Effective
2021-04-14
In force
Apr. 14, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Other
Addressees
  • Department of Health Services
Functions reached
  • fixes the enforcement history of the Oct. 8 to Nov. 6, 2020 capacity order
Collection
Wisconsin WI

Operative words

¶2 We conclude that Emergency Order 3 meets the definition of a rule... Therefore, Emergency Order 3 should have been promulgated [under] ch. 227. Because it was not, Emergency Order 3 was not validly enacted and was unenforceable. Accordingly, we affirm the decision of the court of appeals.... ¶7 The circuit court, the Honorable John M. Yackel originally presiding, granted the Tavern League plaintiffs' motion for an ex parte temporary injunction.... ¶12 The court of appeals summarily reversed the circuit court. Tavern League v. Palm, No. 2020AP1742, unpublished slip op. (Wis. Ct. App. Nov. 6, 2020). The court of appeals held that 'under our supreme court's holding in Palm, Emergency Order #3 is invalid and unenforceable, as a matter of law.'

Enforcement

Affirmance; declaratory relief

Notes

¶5 quotes Emergency Order 3; DHS's Nov. 10, 2020 affidavit said an Emergency Order 4 would issue immediately if the court of appeals were reversed (¶10 n.).