- The Record
- The States
- Wisconsin
The States
Wisconsin
The Wisconsin file holds 37 instruments from the State's governor, health authorities, courts and agencies, 33 of them with the exhibit file held by The COVID Project. 171 records in the Library resolve to Wisconsin in all, counting its metros, the agency clusters and the standing duties.
Code WIFirst closure or stay-at-home order Mar. 17, 2020 Ex. WI-035End of general restrictions May 13, 2020Orders reaching 2021 Q3 7Primary source read 30 Confirmed from a secondary source 7
The record in brief
Wisconsin's regime is a statewide stay-home and closure order that ran from March 25 to May 13, 2020, followed by the longest statewide vacuum of any Midwestern State, filled by a statewide face-covering mandate (August 1, 2020 to March 31, 2021), a one-month statewide 25 percent occupancy cap (October 8 to November 6, 2020), a sequence of gubernatorial emergency declarations that the Legislature and the Supreme Court dismantled, and county and municipal health-officer orders that the Supreme Court later confirmed local officers had power to issue (Becker v. Dane County, 2022 WI 63) except as to schools (James v. Heinrich, 2021 WI 58). RUN-UP AND 2020 Q2. Governor Evers proclaimed a public health emergency on March 12, 2020 (Executive Order 72, Ex. WI-001; 60 days under Wis. Stat. 323.10, lapsing May 11, 2020). DHS Secretary-designee Palm, exercising Wis. Stat. 252.02(3) and (6) at the Governor's direction, closed K-12 schools (Emergency Order 1, Mar. 13), banned mass gatherings of 10 or more and closed bars and restaurants to on-premises service (Emergency Order 5, Mar. 17), capped child care at 10 staff and 50 children (Emergency Order 6, Mar. 18), and on March 24, 2020 issued Emergency Order 12, Safer at Home (Ex. WI-002), effective 8:00 a.m. March 25 through 8:00 a.m. April 24, 2020: all individuals ordered to stay at home; all non-essential businesses required to cease all activities at Wisconsin facilities except Minimum Basic Operations and work from home; all businesses, including essential ones, required to the greatest extent possible to use technology to avoid meeting in person, including remote work; all public and private gatherings of any number prohibited; schools, libraries, places of public amusement (gyms, theaters, bowling alleys, country clubs), salons and spas closed; all travel prohibited except Essential Travel; violations punishable by up to 30 days imprisonment or a $250 fine under Wis. Stat. 252.25. Emergency Order 15 (Mar. 27) suspended evictions and foreclosures for 60 days (expired May 26, 2020). The Supreme Court suspended all in-person court proceedings statewide on March 22, 2020 (Ex. WI-026; extended until further order on April 15, Ex. WI-043) and continued every civil and criminal jury trial to after May 22, 2020 (Ex. WI-025). Emergency Order 28 (Apr. 16, Ex. WI-003) extended Safer at Home from April 24 to May 26, 2020 with capacity limits on essential retail (25 percent of occupancy for stores under 50,000 square feet; four customers per 1,000 square feet for larger stores), one-person curbside pickup for non-essential retail, one-person exterior work, and schools closed for the remainder of the 2019-20 school year; Emergency Order 31 (Apr. 20, Ex. WI-004) set the Badger Bounce Back phases (gatherings of 10, then 50, then all business activity); Emergency Orders 34 (Apr. 27) and 36 (May 11) loosened Minimum Basic Operations (curbside drop-off, outdoor rentals, five-customer retail, drive-in theaters). On May 13, 2020 the Supreme Court held Emergency Order 28 an unpromulgated rule, unlawful, invalid and unenforceable, except its section 4.a school closure (Wisconsin Legislature v. Palm, 2020 WI 42, Ex. WI-007). From May 13, 2020 the closure and gathering regime was local (Dane County, Milwaukee, Brown County, Racine and others). Courts resumed in-person proceedings county by county only under plans approved by the chief judge that required face coverings and sanitation (May 22, 2020 order, Ex. WI-027). 2020 Q3. No statewide business restriction from July 1 to July 31. Executive Order 82 (July 30, Ex. WI-008) re-declared the emergency (61 of 72 counties at high activity) and DHS Emergency Order 1 (Ex. WI-009) required every individual age five and older to wear a face covering indoors or in an enclosed space other than a private residence when non-household persons are present, effective 12:01 a.m. August 1 through September 28, 2020, superseding less restrictive local orders, enforceable by civil forfeiture up to $200 (Wis. Stat. 323.28). Executive Order 90 (Sept. 22, Ex. WI-010) re-declared, and a new Emergency Order 1 (Ex. WI-011) carried the mask mandate to November 21, 2020. 2020 Q4 (THE RE-TIGHTENING). Emergency Order 3 (Oct. 6, Ex. WI-012) limited every indoor public gathering, including rooms within a business location, store or facility that allow members of the public to enter and ticketed events, to 25 percent of occupancy (10 persons where no occupancy limit exists), effective 8:00 a.m. October 8 through November 6, 2020, with exemptions for child care, schools, higher education, health care, human services, public infrastructure, government and religious worship; a Sawyer County judge restrained enforcement ex parte on October 14, the substituted judge denied the injunction on October 19, the Court of Appeals held the order invalid and unenforceable under Palm on November 6, 2020 (the day it expired), and the Supreme Court affirmed on April 14, 2021 (Tavern League v. Palm, 2021 WI 33, Ex. WI-022). Executive Order 94 (Nov. 10, Ex. WI-013) issued statewide stay-home and business recommendations, with two mandatory sentences: employers may not penalize staff for isolating or quarantining, and businesses must adopt protocols to clean and disinfect after a positive case. Executive Order 95 (Nov. 20, Ex. WI-014) declared a disaster and public health emergency and Emergency Order 1 (Ex. WI-015) carried the mask mandate to January 19, 2021. The Supreme Court's amended October 1, 2020 order (Ex. WI-028) let chief judges withdraw approval of county reopening plans. 2021 Q1. Executive Order 104 (Jan. 19, Ex. WI-016) and Emergency Order 1 (Ex. WI-017) carried the mask mandate to March 20, 2021. On February 4, 2021 the Legislature adopted Senate Joint Resolution 3 (Ex. WI-018) declaring EO 104 void and revoking it and every order dependent on it; the Governor issued Executive Order 105 (Ex. WI-019) and a new Emergency Order 1 (Ex. WI-020) the same day. On March 31, 2021 the Supreme Court declared Executive Orders 82, 90 and 105 unlawful under Wis. Stat. 323.10 and held that all executive actions and orders issued under them are likewise void (Fabick v. Evers, 2021 WI 28, Ex. WI-021); the statewide mask mandate ended that day. 2021 Q2. No statewide gubernatorial or DHS order. The Supreme Court's court-operations orders (masking, distancing, sanitation in approved county plans) remained in force until May 21, 2021 (Ex. WI-029), when the Court left county-by-county decisions to circuit courts with chief-judge approval; the suspension of most in-person appellate proceedings ended 11:59 p.m. June 30, 2021 (Ex. WI-044). James v. Heinrich (June 11, 2021, Ex. WI-023) held local health officers may not close schools under Wis. Stat. 252.03. Local orders (Dane County, Milwaukee) continued. 2021 Q3. No statewide gubernatorial or DHS COVID-19 order was in force July 1 through September 30, 2021. What remained: Wis. Stat. 252.03 (local health officers' power to forbid public gatherings and take all measures necessary to control communicable disease, confirmed in Becker) and 252.06 (isolation and quarantine of persons), under which Dane County's August 19, 2021 mask order and local quarantine orders issued (metro MKE covers the county instruments); the Supreme Court's May 21, 2021 order leaving county-by-county court accommodations (masking, distancing, sanitizing) in place at the chief judge's approval; the federal eviction moratoria as applied in Wisconsin eviction proceedings (the Supreme Court's June 5 and October 21, 2020 orders, Ex. WI-030 and WI-031, record their operation); and the federal layer. PREEMPTION: none enacted; see preemption_of_local_orders.
The six quarters
What the record shows in force in Wisconsin on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.
| Quarter | First day | Last day |
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| 2020 Q2Second quarter of 2020The quarter nationally → | April 1, 2020: Executive Order 72 public health emergency in force (WI-001; to May 11); Emergency Order 12 Safer at Home in force (WI-002): stay-home, non-essential business cessation, telework to the greatest extent possible, all gatherings prohibited, schools/gyms/theaters/salons closed, restaurants and bars takeout only, travel prohibited except essential; Emergency Order 15 eviction and foreclosure moratorium (WI-033); Emergency Order 1 school closure and Emergency Order 6 child-care limits (WI-034, WI-036); Supreme Court suspension of in-person proceedings (WI-026, WI-043 from Apr. 15) and continuance of all jury trials to after May 22 (WI-025); OCI bulletins (WI-041, WI-042). | June 30, 2020: no statewide DHS closure, gathering or stay-home order (Palm, May 13, WI-007); Emergency Order 28 section 4.a school closure for the remainder of the 2019-20 school year survived Palm (WI-003, WI-007 n.6); Executive Order 72 lapsed May 11 (SJR 3 recital, WI-018); Supreme Court remote-hearings and jury-trial orders extended for each circuit court until its plan was approved by the chief judge, with mandatory face coverings and sanitation in approved plans (WI-027); CARES Act eviction moratorium operating in Wisconsin courts after the State moratorium expired May 26 (WI-030); county and municipal orders (MKE and others). |
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| 2020 Q3Third quarter of 2020The quarter nationally → | July 1, 2020: no statewide gubernatorial or DHS order; county-plan court regime with mandatory face coverings (WI-027); local orders (Dane County, Milwaukee and others). | September 30, 2020: Executive Order 90 public health emergency (WI-010, Sept. 22) and DHS Emergency Order 1 face-covering mandate (WI-011; every individual age five and older indoors or in an enclosed space with non-household persons; civil forfeiture up to $200; to Nov. 21, 2020) in force; court county-plan regime (WI-027); local orders. |
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| 2020 Q4Fourth quarter of 2020The quarter nationally → | October 1, 2020: Executive Order 90 and the face-covering mandate (WI-010, WI-011); Supreme Court amended order allowing chief judges to withdraw approval of county plans (WI-028); local orders. From Oct. 8: Emergency Order 3 25 percent occupancy cap on all indoor public gatherings (WI-012; enforcement restrained Oct. 14-19 by the Sawyer County circuit court; held unenforceable by the Court of Appeals Nov. 6, 2020, the day it expired). Nov. 10: Executive Order 94 stay-home and business recommendations with two mandatory employer sentences (WI-013). Nov. 20: Executive Order 95 disaster and public health emergency (WI-014) and Emergency Order 1 face coverings to Jan. 19, 2021 (WI-015). | December 31, 2020: Executive Order 95 and the face-covering mandate (WI-014, WI-015) in force; Executive Order 94 recommendations (WI-013); court county-plan regime (WI-028); CDC eviction moratorium operating in Wisconsin courts (WI-031); local orders. |
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| 2021 Q1First quarter of 2021The quarter nationally → | January 1, 2021: Executive Order 95 and the face-covering mandate (WI-014, WI-015; to Jan. 19); Executive Order 104 and new Emergency Order 1 from Jan. 19 (WI-016, WI-017; to Mar. 20); SJR 3 revoked EO 104 on Feb. 4 (WI-018) and Executive Order 105 and a new Emergency Order 1 issued the same day (WI-019, WI-020; 60 days); court county-plan regime (WI-028); local orders. | March 31, 2021: the Executive Order 105 face-covering mandate (WI-020) was in force until the Supreme Court's decision issued that day declaring Executive Orders 82, 90 and 105 unlawful and all orders issued under them void (Fabick, WI-021); court county-plan regime (WI-028); local orders (Dane County, Milwaukee). |
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| 2021 Q2Second quarter of 2021The quarter nationally → | April 1, 2021: no statewide gubernatorial or DHS order; Supreme Court court-operations orders requiring masking, distancing and sanitation in approved county plans (WI-028) in force; suspension of most in-person appellate proceedings (WI-043 as extended); federal eviction moratoria operating in Wisconsin courts (WI-030, WI-031); Tavern League decision Apr. 14 (WI-022); local orders. | June 30, 2021: no statewide gubernatorial or DHS order; Supreme Court's May 21, 2021 order (WI-029) leaving masking, distancing and sanitizing to county-wide decisions approved by the chief judge; appellate in-person suspension terminated 11:59 p.m. June 30, 2021 (WI-044); temporary mailbox rule terminated (WI-045); James v. Heinrich June 11 (WI-023); local orders. |
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| 2021 Q3Third quarter of 2021The quarter nationally → | July 1, 2021: no statewide gubernatorial or DHS COVID-19 order in force; Wis. Stat. 252.03 and 252.06 local health-officer and quarantine powers in force and exercised (WI-039; Becker, WI-024); county-by-county court accommodations under chief-judge approval (WI-029); the CDC eviction moratorium operating in Wisconsin eviction proceedings to Aug. 26, 2021 (FED-A; WI-031 records its application); federal layer; local orders (MKE). | September 30, 2021: same as the first day at the State level; Dane County's Aug. 19, 2021 face-covering order in force (metro MKE); local quarantine and isolation orders under Wis. Stat. 252.06; federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS, entry proclamations). |
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The end of general restrictions
The day the general business restrictions ended in Wisconsin, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.
End of general restrictions
2020-05-13 (closures, gatherings, travel, stay-home); 2021-03-31 (statewide face-covering mandate, the final statewide COVID-19 order)
Instrument Wisconsin Legislature v. Palm, 2020 WI 42 (Ex. WI-007) ended the statewide stay-home, closure, travel and gathering regime; Fabick v. Evers, 2021 WI 28 (Ex. WI-021) ended the last statewide instrument, the DHS face-covering order under Executive Order 105
What remained in force
After May 13, 2020: Emergency Order 28 section 4.a (K-12 schools closed for the remainder of the 2019-20 school year; Palm n.6, n.21); the Supreme Court's suspension of in-person proceedings and continuance of jury trials until each county's plan was approved by the chief judge (Ex. WI-027); the CARES Act eviction moratorium operating in Wisconsin eviction proceedings (recorded in the Supreme Court's June 5, 2020 order, Ex. WI-030); local health-officer orders under Wis. Stat. 252.03 (Dane County, Milwaukee, Brown County, Racine and others); then the statewide face-covering mandate Aug. 1, 2020 to Mar. 31, 2021 (Ex. WI-009, WI-011, WI-015, WI-017, WI-020) and the Oct. 8 to Nov. 6, 2020 capacity order (Ex. WI-012). After March 31, 2021: Wis. Stat. 252.03 and 252.06 local powers (Ex. WI-039; Becker, Ex. WI-024); court-operations orders to May 21, 2021 and county-by-county accommodations thereafter (Ex. WI-028, WI-029); appellate in-person suspension to June 30, 2021 (Ex. WI-044); federal instruments; county and city orders (metro MKE).
Preemption of local orders
No Wisconsin statute preempted or barred local COVID-19 orders during March 2020 to September 2021. The statewide instruments preserved local authority in terms: Emergency Order 12 section 19 ("This Order supersedes any local order that is in conflict with this order"), Emergency Order 28 section 20 (same), every DHS face-covering order section 6 ("This Order supersedes any local order that is less restrictive. Local governments may issue orders more restrictive than this Order."), and Emergency Order 3 section 5 ("Local governments may issue orders that are more restrictive"). Wisconsin Legislature v. Palm (May 13, 2020) limited the Department of Health Services' authority under Wis. Stat. 252.02, not local health officers' authority under Wis. Stat. 252.03; local orders filled the vacuum from May 14, 2020 (Dane County, Milwaukee, Brown County, Racine, Kenosha, Appleton area and others). James v. Heinrich, 2021 WI 58 (June 11, 2021) held that local health officers "do not have the statutory power to close schools under Wis. Stat. 252.03" and vacated the portions of Dane County's Emergency Order 9 restricting in-person instruction (the Court had enjoined that order on September 10, 2020). Becker v. Dane County, 2022 WI 63 (July 8, 2022) held that Wis. Stat. 252.03 "grants local health officers the authority to issue orders," that "no state law preempts" them, and that enforceable local public health orders under 252.03 and Dane County Ordinance 46.40 are constitutional; the county orders in force in Wisconsin's metros during 2020-2021, including Q3 2021, were therefore lawful exercises of delegated State power.
Third quarter of 2021
July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in Wisconsin. An order in force on any day of the quarter is an order in force during it. The quarter nationally →
In force (4)
- WI-039 Wis. Stat. ch. 252 (252.03 local health officers: forbid public gatherings, take all measures necessary to control communicable disease; 252.06 isolation and quarantine of persons) in force and exercised by county and city health officers, confirmed lawful and unpreempted by Becker v. Dane County, 2022 WI 63 (WI-024)
- WI-029 Wisconsin Supreme Court order of May 21, 2021: circuit and municipal courts make county-wide decisions on masking, social distancing and sanitizing with chief-judge approval (in force through Q3 2021)
- Federal CDC eviction moratorium (85 Fed. Reg. 55292, as extended) operating in Wisconsin eviction proceedings through Aug. 26, 2021 (FED-A; the Supreme Court's Oct. 21, 2020 order, WI-031, records its application in Wisconsin courts)
- Federal layer (FED-A, FED-B): CDC conveyance mask order and TSA security directives; OSHA Healthcare ETS, 29 C.F.R. 1910.502 (from June 21, 2021); presidential entry proclamations and DHS land-border notices; CDC eviction moratorium to Aug. 26, 2021
Sector chronology
How the orders reached each kind of business in Wisconsin, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.
Restaurants and bars
Emergency Order 5 (Mar. 17, 2020) closed bars and restaurants to on-premises consumption (takeout and delivery only); Emergency Order 12 section 13.d-e continued it Mar. 25 (restaurants shall close except take-out/delivery; bars closed except carryout and delivery of alcohol with food; self-service prohibited) through Emergency Order 28 to May 13, 2020 (Palm); Emergency Order 31 placed restaurants in Phase One and bars in Phase Two (never reached); no statewide restriction after May 13 except the face-covering mandate (Aug. 1, 2020 to Mar. 31, 2021; 'enclosed space' includes outdoor bars and outdoor restaurants) and Emergency Order 3's 25 percent occupancy cap Oct. 8 to Nov. 6, 2020; local capacity orders thereafter (Dane County taverns 25 percent into 2021: MKE).
Retail
Emergency Order 12 (Mar. 25, 2020): non-essential retail ceased except Minimum Basic Operations and online sales; essential retail with distancing; Emergency Order 28 (Apr. 24): essential stores under 50,000 sq. ft. limited to 25 percent of occupancy, larger stores to 4 customers per 1,000 sq. ft., dedicated hours for vulnerable shoppers, one-person curbside pickup for non-essential stores (section 14.e); Emergency Order 34 (Apr. 27) added curbside drop-off and outdoor rentals; Emergency Order 36 (May 11) allowed non-essential stores to serve five customers at a time; all ended May 13, 2020 (Palm); mask mandate Aug. 1, 2020 to Mar. 31, 2021; Emergency Order 3 (Oct. 8 to Nov. 6, 2020) capped rooms open to the public at 25 percent of occupancy.
Personal care
Emergency Order 12 section 4.c closed hair salons, barber shops, nail salons, day spas, electrolysis, waxing, eyebrow-care, tattoo, body-art and tanning establishments Mar. 25, 2020; Emergency Order 28 section 4.d continued the closure to May 13, 2020 (Palm); no statewide closure thereafter; mask mandate Aug. 1, 2020 to Mar. 31, 2021 (exception only for services on the face); Emergency Order 3 capacity Oct. 8 to Nov. 6, 2020; local orders.
Fitness and entertainment
Emergency Order 12 section 4.b closed gyms and fitness centers, theaters, concert halls, bowling alleys, arcades, amusement parks, pools, zoos, museums, country clubs and social clubs Mar. 25, 2020; Emergency Order 28 section 4.c continued the closures (golf courses reopened Apr. 24 with carts, clubhouses, pro shops and ranges closed) to May 13, 2020; Emergency Order 36 allowed drive-in theaters May 11; mask mandate Aug. 1, 2020 to Mar. 31, 2021; Emergency Order 3 capped ticketed events and rooms open to the public at 25 percent Oct. 8 to Nov. 6, 2020; local orders (Dane County indoor gathering bans Nov. 2020 to early 2021: MKE).
Hotels and short-term rentals
Emergency Order 12 section 13 permitted hotels and motels as Essential Businesses only for lodging, with pools, hot tubs and exercise facilities closed (section 13, 'Close swimming pools, hot tubs, and exercise facilities'); section 5 prohibited all travel except Essential Travel (Mar. 25 to May 13, 2020); Emergency Order 28 section 15 'strongly discouraged' unnecessary travel and travel to second homes; no statewide lodging or short-term-rental ban and no traveler quarantine order at any time (advisories only); mask mandate in lobbies and enclosed spaces Aug. 1, 2020 to Mar. 31, 2021; Emergency Order 3 capacity cap on meeting rooms open to the public Oct. 8 to Nov. 6, 2020.
Offices and telework
Emergency Order 12 section 2 (Mar. 25, 2020): non-essential businesses 'are required to cease all activities at facilities located within Wisconsin' except Minimum Basic Operations and 'operations consisting exclusively of employees or contractors performing activities at their own home or residences (i.e., working from home)'; 'All businesses, including Essential Businesses and Operations, shall, to the greatest extent possible, use technology to avoid meeting in person, including virtual meetings, teleconference, and remote work (i.e., work from home)'; Emergency Order 28 section 2.b.i.1 repeated the mandate ('To the greatest extent feasible') and section 2.b.ii.2 required essential businesses to 'Restrict the number of workers present on premises to no more than is strictly necessary'; ended May 13, 2020 (Palm); Executive Order 94 (Nov. 10, 2020) 'strongly encouraged' remote work and made two sentences mandatory (no penalizing staff for isolating or quarantining; protocols to clean and disinfect after a positive case); face-covering mandate applied in every workplace room shared with non-household persons Aug. 1, 2020 to Mar. 31, 2021 (Emergency Order 3 exempted employee-only office spaces from its capacity cap).
Manufacturing
Emergency Order 12 section 13 kept manufacturing, distribution and supply chain for critical products open as essential, subject to section 2 (telework to the greatest extent possible; distancing to the greatest extent feasible); non-essential manufacturers ceased facility activities except Minimum Basic Operations (Mar. 25 to May 13, 2020), and Emergency Order 28 section 14.d-e made 'Suppliers to non-essential businesses and supply chains for non-essential businesses' non-essential, permitted to operate only under Minimum Basic Operations; Emergency Order 28 section 2.b.ii.2 required essential plants to restrict workers on premises to no more than strictly necessary; Emergency Order 3 exempted 'manufacturing plant[s]' accessible only to employees from its capacity cap; mask mandate Aug. 1, 2020 to Mar. 31, 2021.
Construction
Emergency Order 12 section 13 treated construction as an Essential Business (essential infrastructure and critical trades) subject to the section 2 mandates (technology to avoid meeting in person to the greatest extent possible; six-foot distancing to the greatest extent feasible); Emergency Order 28 section 14.g limited 'aesthetic or optional exterior residential construction and lawn care' to one worker on site at a time ('Aesthetic or optional exterior work requiring more than one person on the site are prohibited') Apr. 24 to May 13, 2020; Emergency Order 3 (Oct. 8 to Nov. 6, 2020) exempted construction as public-infrastructure operations; mask mandate indoors Aug. 1, 2020 to Mar. 31, 2021.
Real estate
Emergency Order 12 section 3 directed landlords and property managers to 'avoid entering leased residential premises unless emergency maintenance is required'; section 13 kept real-estate services essential subject to the section 2 mandates (no in-person meeting where technology suffices); Emergency Order 15 (Mar. 27, 2020) suspended eviction and foreclosure actions for 60 days (expired May 26, 2020); the Supreme Court declined to add pleading requirements but recorded that the CARES Act moratorium 'remains in force' in Wisconsin eviction actions after the State moratorium expired May 26, 2020 (June 5, 2020 order and concurrence, WI-030) and that the CDC order governed eviction proceedings (Oct. 21, 2020 order, WI-031); mask mandate at showings and closings Aug. 1, 2020 to Mar. 31, 2021.
Hospitals and long-term care
Emergency Order 12 and Emergency Order 3 treated hospitals, clinics, long-term care and assisted living as exempt essential or human-services operations; Emergency Order 3 conditioned the long-term-care exemption on following 'all current DHS Recommendations for Prevention of COVID-19 in Long-Term Facilities and Assisted Living Facilities and all applicable U.S. Centers for Disease Control Recommendations'; Executive Order 95 (Nov. 20, 2020) recited hospitals 'operating at or very near full capacity' as the disaster predicate; no State health-care-worker vaccination mandate; federal CMS visitation and testing rules and the OSHA Healthcare ETS (June 21, 2021) governed (FED-A).
Dental and elective health care
No Wisconsin State order suspended elective or non-urgent procedures or dental care; Emergency Order 12 section 4 (Health Care and Public Health Operations) kept health care, including dental offices, open as essential, with the telework-to-the-greatest-extent-possible and social-distancing mandates of section 2; Emergency Orders 16 (Mar. 27, 2020) and 20/21 (Apr. 6, 2020) relaxed health-care licensing (out-of-state practitioners; expiring temporary licenses); face-covering orders exempted patients while receiving services on the face; federal CMS recommendations and the Wisconsin Dental Association's guidance governed the March to May 2020 pause.
Schools
Emergency Order 1 (Mar. 13, 2020) closed all public and private K-12 schools; Emergency Order 12 section 4.a closed them 'for pupil instruction and extracurricular activities' except distance learning (Mar. 25); Emergency Order 28 section 4.a closed them 'for the remainder of the 2019-2020 school year' and survived Palm (n.6, n.21); Emergency Order 31 placed K-12 in-person resumption in Phase One; no statewide order for fall 2020 or the 2021-22 school year (local: Dane County Emergency Order 9 closed grades 3-12, enjoined Sept. 10, 2020 and held unlawful June 11, 2021, James v. Heinrich); Emergency Order 3 exempted 4K-12 schools; face-covering orders applied to school buildings Aug. 1, 2020 to Mar. 31, 2021.
Child care
Emergency Order 6 (Mar. 18, 2020) limited child-care settings to 10 staff and 50 children at a time; Emergency Order 12 section 13.f continued the limits and required child-care settings to prioritize care for health-care, public-safety and other essential workers (Tier 1 and Tier 2) through May 13, 2020; Emergency Order 31 placed full child-care operation in Phase One; Emergency Order 3 exempted child-care settings from the capacity cap; face-covering orders applied to staff (children under five exempt).
Worship and gatherings
Emergency Order 5 banned gatherings of 10 or more (Mar. 17, 2020); Emergency Order 12 section 3 prohibited all public and private gatherings of any number and section 13.h limited weddings, funerals and religious gatherings to fewer than 10 (Mar. 25 to May 13, 2020); Emergency Order 3 (Oct. 8 to Nov. 6, 2020) capped public gatherings at 25 percent of occupancy with religious worship exempt; face-covering orders applied to houses of worship with an exception while speaking to a congregation; local gathering caps thereafter (MKE).
Courts and public offices
Supreme Court orders of Mar. 22, 2020 suspended all in-person proceedings in all appellate and circuit courts (through Apr. 30, then until further order by the Apr. 15 amended order) and continued every civil and criminal jury trial to after May 22, 2020; the May 22, 2020 order extended both for each circuit court until the chief judge approved an operational plan requiring face coverings and sanitation; the Oct. 1, 2020 amended order let chief judges withdraw approvals during the fall surge; the May 21, 2021 order left masking, distancing and sanitizing to county-wide decisions with chief-judge approval (in force through Q3 2021); the appellate in-person suspension ended June 30, 2021; face-covering orders exempted facilities of the Legislature and the Supreme Court, which set their own rules.
Travel and quarantine
Emergency Order 12 section 5 (Mar. 25 to Apr. 24, 2020): 'All forms of travel are prohibited, except for Essential Travel as defined in this Order'; Emergency Order 28 section 15 (Apr. 24 to May 13, 2020): individuals 'strongly encouraged to remain at their primary residence' and 'strongly discouraged from engaging in unnecessary travel'; Executive Order 94 (Nov. 10, 2020): travel to second homes 'should be avoided'; no Wisconsin traveler quarantine order; Wis. Stat. 252.06 isolation and quarantine of exposed and infected persons exercised by local health officers throughout, including Q3 2021.
Face coverings
Statewide face-covering mandate for every individual age five and older indoors or in an enclosed space (including outdoor bars and restaurants, taxis, transit, ride-share vehicles and outdoor park structures) with non-household persons present: DHS Emergency Order 1 under EO 82 (12:01 a.m. Aug. 1 to Sept. 28, 2020), under EO 90 (Sept. 22 to Nov. 21, 2020), under EO 95 (Nov. 20, 2020 to Jan. 19, 2021), under EO 104 (Jan. 19 to Mar. 20, 2021; revoked by SJR 3 Feb. 4, 2021), under EO 105 (Feb. 4, 2021, 60 days; declared unlawful and void Mar. 31, 2021, Fabick); civil forfeiture up to $200 (Wis. Stat. 323.28); superseded less restrictive local orders; Supreme Court-required face coverings in courtrooms under approved county plans May 22, 2020 to May 21, 2021; no statewide mask order after Mar. 31, 2021 (Dane County Aug. 19, 2021: MKE).
Vaccination mandates
No Wisconsin State vaccination or vaccination-proof mandate for health-care workers, State employees or the public in 2021; federal EO 14042/14043 (Sept. 9, 2021) and the CMS and OSHA rules of Nov. 2021 are FED-A/FED-B instruments.
Standing duties
The statutes, codes and penalty provisions of Wisconsin that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the Wisconsin duties →
Wisconsin's compulsion ran on four standing tracks that predate COVID-19, survived every court decision of 2020 and 2021, and were in force on every day of the six quarters. First, the communicable-disease statute, Wis. Stat. ch. 252 (2019-20). The Department of Health Services 'may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics' and may 'issue orders... for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things' (§ 252.02(3), (4), DUT-WI-001); every local health officer 'shall promptly take all measures necessary to prevent, suppress and control communicable diseases,' 'may do what is reasonable and necessary for the prevention and suppression of disease' and 'may forbid public gatherings' (§ 252.03(1)-(2), DUT-WI-002); a 'reasonable belief in the existence of a communicable disease shall require the local health officer immediately to quarantine, isolate, require restrictions or take other communicable disease control measures' (§ 252.06(3), DUT-WI-003); and any person who 'willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health' is imprisoned up to 30 days or fined up to $500 (§ 252.25, DUT-WI-004). The Department's rule under § 252.02(4), Wis. Admin. Code ch. DHS 145, lets State and local officials 'direct persons who own or supervise real or physical property... which present a threat of transmission of any communicable disease... to do what is reasonable and necessary to abate the threat of transmission,' with court enforcement against 'persons failing or refusing to comply' (DHS 145.06(4)-(6), DUT-WI-010). Second, the emergency-management act: the Governor may 'issue such orders as he or she deems necessary for the security of persons and property' (§ 323.12(4)(b), DUT-WI-005), and 'whoever intentionally fails to comply with an order issued by an agent of the state or of a local unit of government who is engaged in emergency management activities under this chapter... is subject to a forfeiture of not more than $200' (§ 323.28, DUT-WI-006), the penalty every statewide face-covering order recited (Ex. WI-009 § 7). Third, the safe-place statute, Wis. Stat. § 101.11(1): 'Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein and for frequenters thereof... and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters' (DUT-WI-007), 'safe' meaning 'such freedom from danger to the life, health, safety or welfare of employees or frequenters, or the public... as the nature of the employment, place of employment, or public building, will reasonably permit' (§ 101.01(13), DUT-WI-012), enforced by Department of Safety and Professional Services orders and forfeitures of $10 to $100 for each offense (§ 101.02(13)(a), DUT-WI-012); for public employers, § 101.055 requires standards 'at least equal to' federal OSHA's (DUT-WI-018); private-sector Wisconsin is a federal-OSHA State and the general duty clause, 29 U.S.C. § 654(a)(1), is the DUT-FED layer. Fourth, the human-health-hazard statute: a local health officer who finds 'a substance, activity or condition that is known to have the potential... to generate or spread infectious diseases' (§ 254.01(2), DUT-WI-011) 'shall order the abatement or removal of the human health hazard on private premises,' and 'anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both' (§ 254.59(1)-(2), DUT-WI-009). The liability shields are two. 2019 Wisconsin Act 185 § 98 (Apr. 15, 2020) created § 895.4801, immunizing health care providers only for acts 'substantially consistent with' any 'direction, guidance, recommendation, or other statement made by a federal, state, or local official' or 'any guidance published by the department of health services' or HHS 'relied upon in good faith' (Ex. WI-032): the Legislature made conformity to official guidance the condition of protection. 2021 Wisconsin Act 4 § 8 (Feb. 25, 2021) created § 895.476, immunizing every 'entity' from March 1, 2020 for COVID-19 exposure claims except where 'the act or omission involves reckless or wanton conduct or intentional misconduct' (DUT-WI-008); it attaches no guidance condition, and by § 895.476(4) it is 'in addition to, not in lieu of, other immunity' and repeals no duty. The State orders, while they lasted, wrote the same conduct in as the condition of operating: Emergency Order #12 § 2 ('To the greatest extent feasible, Essential Businesses and Operations shall comply with Social Distancing Requirements'), § 16 (the Requirements include 'following all other public health recommendations issued by DHS and the U.S. Centers for Disease Control') and § 17 (penalty under § 252.25) (Ex. WI-002); Emergency Order #28 § 2.b.ii ('Essential businesses and operations shall... Restrict the number of workers present on premises... Increase standards of facility cleaning and disinfection... adopting protocols to clean and disinfect in the event of a positive COVID-19 case') (Ex. WI-003); Emergency Order #34 (staff 'must be limited to one person in a room or confined space at a time') (DUT-WI-013); Emergency Order #36 (retail 'up to five customers at a time'; Social Distancing Requirements 'must be observed at all times'; 'All businesses shall review the Wisconsin Economic Development Corporation guidelines... Businesses must consider integrating and adopting the applicable guidelines') (DUT-WI-014); the face-covering orders of August 1, 2020 to March 31, 2021 (Ex. WI-009 and successors); and Emergency Order #3's 25 percent gathering limit (Ex. WI-012). Executive Order #94 (Nov. 10, 2020) 'recommend[s]' and 'strongly encourage[s],' with one 'must' (Ex. WI-013), and is recorded as a recommendation. After Wisconsin Legislature v. Palm, 2020 WI 42 (May 13, 2020) ended the statewide Safer at Home regime, the county and city health officers carried the conditions under § 252.03: Forward Dane Emergency Order #3 (May 22, 2020) made 'all businesses... subject to' a 25 percent capacity limit and written hygiene, cleaning and protective-measure policies, enforceable by county and municipal ordinance citations (Ex. MET-MKE-006), and Becker v. Dane County, 2022 WI 63, held that § 252.03 'grants local health officers the authority to issue orders' and that their 'enforceable public health orders' are lawful and unpreempted (Ex. WI-024 ¶ 2). The Attorney General's interim opinion OAG-03-20 (May 15, 2020) told the counties two days after Palm that the decision 'is not directly controlling on powers under' § 252.03 (DUT-WI-017). The Court in Palm itself wrote: 'We do not conclude that Palm was without any power to act in the face of this pandemic' (Ex. WI-007 ¶ 4). The recommendations that supplied the content of the duties are saved as recommendations: the Department's 'COVID-19: Businesses and Employers' page as captured March 26, 2020 ('Employers should...'; 'Ensure that employees who have symptoms of respiratory illness stay home') (DUT-WI-016) and the WEDC 'General Guidance for All Businesses' of May 7, 2020 ('best practices'; 'You are encouraged') (DUT-WI-015), incorporated by Emergency Order #12 § 16 and Emergency Order #36 § 3.a while those orders ran, and thereafter the measure of what the safe-place statute's 'reasonably necessary' and § 254.59's 'human health hazard' required.
The question these duties answerWhether the measures Wisconsin employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Wisconsin law and of conditions the orders themselves attached to the right to operate.
By character
- 3 Sanitary code duty
- 3 Workplace duty
- 2 Order penalty
- 2 Recommendation only
- 2 Statutory authority
- 2 Statutory duty
- 1 Agency interpretation
- 1 Guidance incorporated
- 1 Liability shield condition
- 1 Order operating condition
Exhibits
Ex. DUT-WI-001 Ex. DUT-WI-002 Ex. DUT-WI-003 Ex. DUT-WI-004 Ex. DUT-WI-005 Ex. DUT-WI-006 Ex. DUT-WI-007 Ex. DUT-WI-008 Ex. DUT-WI-009 Ex. DUT-WI-010 Ex. DUT-WI-011 Ex. DUT-WI-012 Ex. DUT-WI-013 Ex. DUT-WI-014 Ex. DUT-WI-015 Ex. DUT-WI-016 Ex. DUT-WI-017 Ex. DUT-WI-018
On the calendar
Every dated instrument in the Wisconsin file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.
Emergency declaration 8Business closure 4Capacity limit 3Gathering cap 4Face-covering requirement 7Schools and child care 3Health care orders 2Alcohol and bars 1Events and venues 1Courts and public offices 11Workplace rules 6Quarantine and isolation 1Other 15
Instrument
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2020 Q2
2020 Q3
2020 Q4
2021 Q1
2021 Q2
2021 Q3
Mar
Apr
May
June
July
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
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All instruments
Every record in the Wisconsin file, in the order it took effect. Filter by quarter and by limitation type; sort by any column; open the exhibit ID for the record and the operative words, or the file where The COVID Project holds it.
| Exhibit | Instrument | Issuer | Level | Effective | End | Quarters | Limitations | Source | File |
|---|
| Ex. WI-039 | Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health)Codified statutory authority for DHS orders, local health-officer orders and quarantine | Wisconsin Legislature (codified statute) | State | Mar. 1, 2020 | Sept. 30, 2021 | 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3 | Gathering capQuarantine and isolationOther | Primary source read | PDF 224 KB |
| Ex. WI-040 | Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties)Codified authority for the Governor's emergency declarations and the DHS face-covering orders (323.12(4)(b))… | Wisconsin Legislature (codified statute) | State | Mar. 1, 2020 | Sept. 30, 2021 | 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3 | Emergency declarationOther | Primary source read | PDF 170 KB |
| Ex. WI-001 | Executive Order #72Relating to a Proclamation Declaring a Health Emergency in Response to the COVID-19 Coronavirus | Governor Tony Evers | State | Mar. 12, 2020 | May 11, 2020 | 2020 Q2 | Emergency declaration | Primary source read | PDF 779 KB |
| Ex. WI-042 | OCI Bulletin, March 15, 2020Regulatory Flexibility Regarding COVID-19 | Wisconsin Office of the Commissioner of Insurance | Sector regulator | Mar. 15, 2020 | June 30, 2020 | 2020 Q2 | Gathering capOther | Primary source read | PDF 783 KB |
| Ex. WI-035 | Emergency Order #5 (March 17, 2020) (superseding Emergency Order #4 of March 16, 2020, gatherings of 50 or more)Prohibiting mass gatherings of 10 or more people; closing bars and restaurants except for takeout and delivery | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | Mar. 17, 2020 | June 30, 2020 | 2020 Q2 | Business closureGathering capAlcohol and barsEvents and venues | Confirmed from a secondary source | PDF 205 KB |
| Ex. WI-034 | Emergency Order #1 (March 13, 2020)Statewide closure of public and private K-12 schools | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | Mar. 18, 2020 | June 30, 2020 | 2020 Q2 | Schools and child care | Confirmed from a secondary source | Source |
| Ex. WI-036 | Emergency Order #6 (March 18, 2020)Child care settings limited to 10 staff and 50 children at a time | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | Mar. 19, 2020 | May 13, 2020 | 2020 Q2 | Capacity limitSchools and child care | Confirmed from a secondary source | Source |
| Ex. WI-041 | OCI Bulletin, March 20, 2020Complying with Regulatory Requirements during the Public Health Emergency | Wisconsin Office of the Commissioner of Insurance (Commissioner Mark Afable) | Sector regulator | Mar. 20, 2020 | June 30, 2020 | 2020 Q2 | Other | Primary source read | PDF 1012 KB |
| Ex. WI-025 | Order, In re the Matter of Jury Trials During the COVID-19 PandemicOrder continuing all civil and criminal jury trials | Wisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3) | Court | Mar. 22, 2020 | Sept. 30, 2020 | 2020 Q22020 Q3 | Courts and public offices | Primary source read | PDF 162 KB |
| Ex. WI-026 | Order, In re the Matter of Remote Hearings During the COVID-19 PandemicOrder suspending all in-person proceedings in all appellate and circuit courts | Wisconsin Supreme Court | Court | Mar. 22, 2020 | Apr. 30, 2020 | 2020 Q2 | Courts and public offices | Primary source read | PDF 140 KB |
| Ex. WI-033 | Emergency Order #15Temporary Ban on Evictions and Foreclosures | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | Mar. 27, 2020 | May 26, 2020 | 2020 Q2 | Courts and public officesOther | Primary source read | PDF 171 KB |
| Ex. WI-037 | Emergency Order #16 (March 27, 2020)Health care providers licensed in other states permitted to practice in Wisconsin during the emergency | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | Mar. 27, 2020 | May 11, 2020 | 2020 Q2 | Health care ordersOther | Confirmed from a secondary source | PDF 1.9 MB |
| Ex. WI-038 | Emergency Orders #20 and #21 (April 6, 2020)Health professional licensing flexibilities; temporary licenses not to expire during the emergency | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services (with DSPS) | State | Apr. 6, 2020 | May 11, 2020 | 2020 Q2 | Health care ordersOther | Confirmed from a secondary source | PDF 2.1 MB |
| Ex. WI-043 | Amended Order, In re the Matter of Remote Hearings During the COVID-19 PandemicAmended order suspending all in-person proceedings in all appellate and circuit courts until further order | Wisconsin Supreme Court | Court | Apr. 15, 2020 | May 21, 2021 | 2020 Q22020 Q32020 Q42021 Q12021 Q2 | Courts and public offices | Primary source read | PDF 183 KB |
| Ex. WI-004 | Emergency Order #31Badger Bounce Back | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | Apr. 20, 2020 | May 13, 2020 | 2020 Q2 | Business closureCapacity limitGathering capOther | Primary source read | PDF 4.1 MB |
| Ex. WI-005 | Emergency Order #34Interim Order to Turn the Dial | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | Apr. 29, 2020 | May 13, 2020 | 2020 Q2 | Business closureOther | Confirmed from a secondary source | Source |
| Ex. WI-006 | Emergency Order #36Interim Order to Turn the Dial (retail and drive-in theaters) | Andrea Palm, Secretary-designee, Wisconsin Department of Health Services | State | May 11, 2020 | May 13, 2020 | 2020 Q2 | Business closureCapacity limit | Confirmed from a secondary source | Source |
| Ex. WI-027 | Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 PandemicOrder extending the in-person suspension and jury-trial continuance for each circuit court until a… | Wisconsin Supreme Court | Court | May 22, 2020 | Oct. 1, 2020 | 2020 Q22020 Q32020 Q42021 Q12021 Q2 | Face-covering requirementCourts and public officesWorkplace rules | Primary source read | PDF 432 KB |
| Ex. WI-030 | Order, In re the Matter of Emergency Procedures Related to the Federal Coronavirus Aid, Relief, and Economic Security Act's Temporary Moratorium on Eviction FilingsOrder denying Legal Action of Wisconsin's emergency request for a temporary pleading requirement in eviction… | Wisconsin Supreme Court | Court | June 5, 2020 | June 30, 2020 | 2020 Q2 | Courts and public officesOther | Primary source read | PDF 671 KB |
| Ex. WI-008 | Executive Order #82Relating to Declaring a Public Health Emergency | Governor Tony Evers | State | July 30, 2020 | Sept. 28, 2020 | 2020 Q3 | Emergency declaration | Primary source read | PDF 952 KB |
| Ex. WI-010 | Executive Order #90Relating to Declaring a Public Health Emergency | Governor Tony Evers | State | Sept. 22, 2020 | Nov. 21, 2020 | 2020 Q32020 Q4 | Emergency declaration | Primary source read | PDF 1.9 MB |
| Ex. WI-011 | Emergency Order #1 (September 22, 2020)Relating to Requiring Face Coverings | Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #90 | State | Sept. 22, 2020 | Nov. 21, 2020 | 2020 Q32020 Q4 | Face-covering requirementWorkplace rules | Primary source read | PDF 121 KB |
| Ex. WI-028 | Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote HearingsAmended order allowing chief judges to withdraw approval of county operational plans during the fall 2020… | Wisconsin Supreme Court | Court | Oct. 1, 2020 | May 21, 2021 | 2020 Q42021 Q12021 Q2 | Face-covering requirementCourts and public officesWorkplace rules | Primary source read | PDF 446 KB |
| Ex. WI-031 | Order, In re the Matter of CDC Eviction Moratorium Compliance For Eviction FilingsOrder denying Legal Action of Wisconsin's request for an emergency order on CDC eviction-moratorium compliance… | Wisconsin Supreme Court | Court | Oct. 21, 2020 | Dec. 31, 2020 | 2020 Q4 | Courts and public officesOther | Primary source read | PDF 18 KB |
| Ex. WI-014 | Executive Order #95Relating to Declaring a State of Emergency and Public Health Emergency | Governor Tony Evers | State | Nov. 20, 2020 | Jan. 19, 2021 | 2020 Q42021 Q1 | Emergency declaration | Primary source read | PDF 1.3 MB |
| Ex. WI-015 | Emergency Order #1 (November 20, 2020)Relating to Requiring Face Coverings | Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #95 | State | Nov. 20, 2020 | Jan. 19, 2021 | 2020 Q42021 Q1 | Face-covering requirementWorkplace rules | Primary source read | PDF 1.4 MB |
| Ex. WI-016 | Executive Order #104Relating to Declaring a State of Emergency and Public Health Emergency | Governor Tony Evers | State | Jan. 19, 2021 | Feb. 4, 2021 | 2021 Q1 | Emergency declaration | Primary source read | PDF 1.2 MB |
| Ex. WI-017 | Emergency Order #1 (January 19, 2021)Relating to Requiring Face Coverings | Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #104 | State | Jan. 19, 2021 | Mar. 20, 2021 | 2021 Q1 | Face-covering requirementWorkplace rules | Primary source read | PDF 123 KB |
| Ex. WI-018 | 2021 Senate Joint Resolution 3 (Enrolled)Relating to: terminating the COVID-19 public health emergency, including all emergency orders and actions… | Wisconsin Legislature (Senate and Assembly) | State | Feb. 4, 2021 | Sept. 30, 2021 | 2021 Q12021 Q22021 Q3 | Emergency declarationOther | Primary source read | PDF 49 KB |
| Ex. WI-019 | Executive Order #105Relating to Declaring a State of Emergency and Public Health Emergency | Governor Tony Evers | State | Feb. 4, 2021 | Mar. 31, 2021 | 2021 Q1 | Emergency declaration | Primary source read | PDF 1.0 MB |
| Ex. WI-020 | Emergency Order #1 (February 4, 2021)Relating to Requiring Face Coverings | Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #105 | State | Feb. 4, 2021 | Mar. 31, 2021 | 2021 Q1 | Face-covering requirementWorkplace rules | Primary source read | PDF 1.3 MB |
| Ex. WI-021 | Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OAOpinion declaring Executive Orders 82, 90 and 105 unlawful | Wisconsin Supreme Court (Hagedorn, J.) | Court | Mar. 31, 2021 | Sept. 30, 2021 | 2021 Q12021 Q22021 Q3 | Other | Primary source read | PDF 454 KB |
| Ex. WI-022 | Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742Opinion affirming that Emergency Order 3 was an unpromulgated rule, not validly enacted and unenforceable | Wisconsin Supreme Court (Roggensack, C.J., lead opinion) | Court | Apr. 14, 2021 | Sept. 30, 2021 | 2021 Q22021 Q3 | Other | Primary source read | PDF 318 KB |
| Ex. WI-029 | Order, In re the Matter of Modification of Circuit Court and Municipal Accommodations That Were Required Because of the COVID-19 PandemicOrder superseding the Oct. 1, 2020 order; masking, distancing and sanitizing left to county-wide decisions… | Wisconsin Supreme Court | Court | May 21, 2021 | Sept. 30, 2021 | 2021 Q22021 Q3 | Face-covering requirementCourts and public offices | Primary source read | PDF 178 KB |
| Ex. WI-023 | James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OAOpinion holding local health officers lack statutory power to close schools; Dane County Emergency Order 9… | Wisconsin Supreme Court (Rebecca Grassl Bradley, J.) | Court | June 11, 2021 | Sept. 30, 2021 | 2021 Q22021 Q3 | Schools and child careOther | Primary source read | PDF 535 KB |
| Ex. WI-045 | Order, In re the Matter of the Filing of Court Documents in Circuit and Appellate Courts (Temporary Mailbox Rule)Order terminating the temporary mailbox rule of April 13, 2020 | Wisconsin Supreme Court | Court | June 18, 2021 | June 30, 2021 | 2021 Q2 | Courts and public offices | Primary source read | PDF 15 KB |
| Ex. WI-044 | Order, In re the Matter of Remote Hearings in Appellate CourtsOrder terminating the suspension of most in-person appellate proceedings as of 11:59 p.m. June 30, 2021 | Wisconsin Supreme Court | Court | June 30, 2021 | June 30, 2021 | 2021 Q2 | Courts and public offices | Primary source read | PDF 14 KB |
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Metros in Wisconsin
The metropolitan files whose counties and cities lie in Wisconsin. Each holds the local orders that ran alongside, and often ahead of, the State's. All forty metros →
Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039)
Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040)
Governor Tony Evers, Executive Order #72 (Mar. 12, 2020) (Ex. WI-001)
Wisconsin Office of the Commissioner of Insurance, OCI Bulletin, March 15, 2020 (Mar. 15, 2020) (Ex. WI-042)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #5 (March 17, 2020) (superseding Emergency Order #4 of March 16, 2020, gatherings of 50 or more) (Mar. 17, 2020) (Ex. WI-035)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #1 (March 13, 2020) (Mar. 13, 2020) (Ex. WI-034)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #6 (March 18, 2020) (Mar. 18, 2020) (Ex. WI-036)
Wisconsin Office of the Commissioner of Insurance (Commissioner Mark Afable), OCI Bulletin, March 20, 2020 (Mar. 20, 2020) (Ex. WI-041)
Wisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3), Order, In re the Matter of Jury Trials During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-025)
Wisconsin Supreme Court, Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-026)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #15 (Mar. 27, 2020) (Ex. WI-033)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #16 (March 27, 2020) (Mar. 27, 2020) (Ex. WI-037)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services (with DSPS), Emergency Orders #20 and #21 (April 6, 2020) (Apr. 6, 2020) (Ex. WI-038)
Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #31 (Apr. 20, 2020) (Ex. WI-004)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #34 (Apr. 27, 2020) (Ex. WI-005)
Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #36 (May 11, 2020) (Ex. WI-006)
Wisconsin Supreme Court, Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic (May 22, 2020) (Ex. WI-027)
Wisconsin Supreme Court, Order, In re the Matter of Emergency Procedures Related to the Federal Coronavirus Aid, Relief, and Economic Security Act's Temporary Moratorium on Eviction Filings (June 5, 2020) (Ex. WI-030)
Governor Tony Evers, Executive Order #82 (July 30, 2020) (Ex. WI-008)
Governor Tony Evers, Executive Order #90 (Sept. 22, 2020) (Ex. WI-010)
Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #90, Emergency Order #1 (September 22, 2020) (Sept. 22, 2020) (Ex. WI-011)
Wisconsin Supreme Court, Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings (Ex. WI-028)
Wisconsin Supreme Court, Order, In re the Matter of CDC Eviction Moratorium Compliance For Eviction Filings (Oct. 21, 2020) (Ex. WI-031)
Governor Tony Evers, Executive Order #95 (Nov. 20, 2020) (Ex. WI-014)
Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #95, Emergency Order #1 (November 20, 2020) (Nov. 20, 2020) (Ex. WI-015)
Governor Tony Evers, Executive Order #104 (Jan. 19, 2021) (Ex. WI-016)
Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #104, Emergency Order #1 (January 19, 2021) (Jan. 19, 2021) (Ex. WI-017)
Wisconsin Legislature (Senate and Assembly), 2021 Senate Joint Resolution 3 (Enrolled) (Feb. 4, 2021) (Ex. WI-018)
Governor Tony Evers, Executive Order #105 (Feb. 4, 2021) (Ex. WI-019)
Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #105, Emergency Order #1 (February 4, 2021) (Feb. 4, 2021) (Ex. WI-020)
Wisconsin Supreme Court (Hagedorn, J.), Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA (Mar. 31, 2021) (Ex. WI-021)
Wisconsin Supreme Court (Roggensack, C.J., lead opinion), Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742 (Apr. 14, 2021) (Ex. WI-022)
Wisconsin Supreme Court, Order, In re the Matter of Modification of Circuit Court and Municipal Accommodations That Were Required Because of the COVID-19 Pandemic (May 21, 2021) (Ex. WI-029)
Wisconsin Supreme Court (Rebecca Grassl Bradley, J.), James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA (June 11, 2021) (Ex. WI-023)
Wisconsin Supreme Court, Order, In re the Matter of the Filing of Court Documents in Circuit and Appellate Courts (Temporary Mailbox Rule) (June 18, 2021) (Ex. WI-045)
Wisconsin Supreme Court, Order, In re the Matter of Remote Hearings in Appellate Courts (June 18, 2021) (Ex. WI-044)