MADISON, WI (WTAQ-WLUK) — By a 4-3 ruling the Wisconsin Supreme Court has ruled that Gov. Tony Evers’ administration does not have the authority to issue capacity limits on bars, restaurants and other businesses without approval of the Legislature, a ruling that comes two weeks after the Conservative-majority court struck down the state’s mask mandate.
The court ruled that the Department of Health Services Emergency Order #3, issued last October, is a rule, and needed to go through the rule-making process. That would have given the state legislature a say in the guidelines.
The rule limited “indoor public gatherings” to 25-percent of capacity, or 10 people at a time. The Tavern League of Wisconsin sued, saying the order would have forced bars, taverns and restaurants out of business.
The Supreme Court also ruled last year in a similar case that the governor needed legislative approval for an emergency declaration that shut down businesses early in the coronavirus pandemic. There has not been a statewide capacity limit restriction in place since October.
Read the court’s decision here.
