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Supreme Court Decision Overturns "Safer at Home"

Wauwatosa and other municipalities issue local order in effect until May 21, 2020
Post Date:05/13/2020 6:30 PM

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.

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.

Wauwatosa and other municipalities issue local "Safer at Home" order

The local health departments in suburban Milwaukee County are issuing an order to continue controlling COVID-19 disease transmission throughout Milwaukee County. Read the full order.

Here are the highlights as it relates to Wauwatosa. This order is in effect immediately and through May 21, 2020.

  • All public and private gatherings are allowed up to 10 people. Please practice physical distancing. Food and beverage at these gathering should be in pre-packaged boxes or bags to avoid possible COVID-19 transmittal from sharing common dishes at a buffet or family-style meal
  • Retail establishments, including indoor malls, may open under certain conditions. See page 5 of the order.
  • Restaurants and bars may open for carryout sales. No food and drink may be consumed on the premises, either indoors or outdoors. See page 5 of the order for more details.
  • Salons and spas can open under certain conditions. See page 6 of the order.
  • Car washes may open and must comply with physical distancing.
  • Recreation activities may continue if they can be physically distant. This means that team sports are prohibited.
  • Playgrounds can open. We encourage physical distancing.
  • Places of public amusement and activity should remain closed. This includes but is not limited to: amusement parks, conference centers, stadiums, dance clubs, escape rooms, carnivals, water parks, licensed public or private swimming pools, splash pads, aquariums, zoos, museums, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys, movie and other theaters, concert and concert halls, country clubs, social clubs, miniature golf, and gyms and fitness centers.
  • Photography studios remain closed unless photographing outside with physical distancing.
  • Libraries remain closed but can offer curbside pickup. The Wauwatosa Public Library is offering curbside pickup.

 

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