Appeals Court Blocks State Restaurant, Bar Rules
Court says appeal against Evers’ restrictions by Tavern League will likely succeed.
Wisconsin’s public health restrictions on bar and restaurant capacity have again been blocked, this time by a state court of appeals.
In a 2-1 ruling Friday, the court reissued a temporary injunction in the case, ruling that plaintiffs were likely to succeed in their appeal.
While Palm’s order included myriad exemptions, it limited businesses like bars and restaurants to 25 percent of their usual indoor capacity.
The order took effect on Oct. 8 and was originally scheduled to end on Nov. 6.
The Tavern League also argued that the order violated the May decision from the Wisconsin Supreme Court that struck down the state’s “Safer at Home” order. In that decision, the court’s conservative majority ruled in that decision that future public health orders from the DHS must be issued as emergency rules, a process that effectively gives the Legislature veto power.
So far, the handful of Wisconsin judges who’ve heard this case have sent mixed signals.
The first judge to hear the case, Sawyer County Judge John Yackel, sided with the Tavern League almost immediately after the lawsuit was filed, issuing a temporary restraining order that blocked the limits on crowd capacity on Oct. 14.
The Tavern League did not appeal that ruling, but a new group of plaintiffs did. They include The Mix Up, Inc., a bar and grill in Amery, northwest of Eau Claire, as well as Liz Sieben, the business’ owner. They also include the group Pro-Life Wisconsin and its president, Daniel Miller.
The attorney for The Mix Up, Inc., Misha Tseytlin, is a former Wisconsin solicitor general who served in the state Department of Justice under former Attorney General Brad Schimel. As a private attorney, Tseytlin has worked extensively for GOP lawmakers in a wide array of high-profile cases.
Friday’s 2-1 ruling from Wisconsin’s District 3 Court of Appeals again blocked the administration’s limits and set an expedited schedule for a full appeal. Judges Mark Seidl and Thomas Hruz formed the majority opinion while Judge Lisa Stark dissented.
Evers issued a statement on Twitter after the ruling promising to fight the decision.
“I’m once again asking folks to rise above tonight’s ruling, stay home, and mask up so we can get through this weekend and this pandemic together,” Evers said. “This crisis is urgent, folks. Please stay home.”
Eventually, the case will likely be decided by the Wisconsin Supreme Court, although it’s unclear what justices there might say.
Wisconsin’s COVID-19 outbreak has not improved in the weeks since the order was issued only to be twice-revoked by the state’s courts.
On Oct. 6, the seven-day average for new COVID-19 cases was 2,346, which was near a record high. There were 853 COVID-19 patients in Wisconsin hospitals.
By Friday, the seven-day average for new COVID-19 cases was 3,470. The number of people hospitalized for COVID-19 had also grown to a record high 1,243.
As of Friday, the DHS reported that since the pandemic began, a total of 1,745 Wisconsinites who contracted COVID-19 had died.
Editor’s note: On October 8th, the City of Milwaukee announced it would be following it’s own health order as it viewed it as more restrictive than the state’s.
Appeals Court Blocks Wisconsin’s Restrictions On Bar, Restaurant Capacity was originally published by Wisconsin Public Radio.
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