Community Corner

Wisconsin Supreme Court Decision Overturns "Safer At Home"

The latest Safer At Home Order, which was set to expire under its own terms on May 26, 2020, was declared by the court to be unlawful.

May 13, 2020

The majority of the Wisconsin Supreme Court, by a 4-3 decision, determined that the DHS Secretary-designate overstepped her power in issuing a statewide order of such significant consequence, generally applicable to all people and businesses in the state for a lengthy period of time, without going through a formal rulemaking process. Emergency Order #28, the latest Safer At Home Order, which was set to expire under its own terms on May 26, 2020, was declared by the court to be unlawful, invalid and unenforceable. The court did not clearly grant the legislature's request for a stay of its decision, so it goes into effect immediately.

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The Supreme Court specifically stated that its decision did not apply to that part of Emergency Order #28 closing public and private K-12 schools for the remainder of the school year, so school will remain closed.


This press release was produced by the City of Wauwatosa. The views expressed here are the author’s own.

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