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Ex. WI-023 Order Primary source read

James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA

Opinion holding local health officers lack statutory power to close schools; Dane County Emergency Order 9 vacated in part

Wisconsin Supreme Court (Rebecca Grassl Bradley, J.) · Wisconsin (Court)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
Court
Authority
Original action; Wis. Stat. 252.03; Wis. Const. art. I, §§ 1, 18
Issued
2021-06-11 June 11, 2021
Effective
2021-06-11 (temporary injunction had issued Sept. 10, 2020) (read as 2021-06-11)
In force
June 11, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Schools and child careOther
Addressees
  • local health officers
  • Public Health Madison and Dane County
Functions reached
  • IN in-person instruction (local closure power denied)
  • WF (families)
Collection
Wisconsin WI

Operative words

¶3 We agree with the Petitioners and hold: (1) local health officers do not have the statutory power to close schools under Wis. Stat. § 252.03; and (2) Heinrich's Order infringes the Petitioners' fundamental right to the free exercise of religion guaranteed under Article I, Section 18 of the Wisconsin Constitution, which Jacobson cannot override. Accordingly, those portions of the Order restricting or prohibiting in-person instruction are unlawful, unenforceable, and are hereby vacated.... ¶14 On September 10, 2020, this court granted the three [petitions and enjoined the school-closure provisions].

Enforcement

Rights declared; order vacated in part

Notes

Dane County Emergency Order 9 (Aug. 21, 2020) closed grades 3-12 for in-person instruction; Opinion filed June 11, 2021 (not June 25).