(Melina Mara - Pool/Getty Images)
By Hanna Park
(MADISON, Wis.) The Wisconsin Supreme Court ruled Wednesday that Gov. Tony Evers does not have the authority to impose capacity limits on bars, restaurants and other businesses without approval of the legislature.
The 4-3 ruling from the conservative-majority court found that Evers exceeded his authority last fall when he and former health secretary Andrea Palm limited the size of indoor and public gatherings at 25% capacity, or 10 people in areas that don’t have an occupancy limit, The Hill reports.
Evers had issued the order as the state saw surging coronavirus cases, followed by many governors who implemented similar restrictions to curb the spread of the virus.
The court ruled that Evers should have gone through the legislative rulemaking process. The ruling comes two weeks after the same court blocked Evers from issuing multiple emergency orders, including a statewide mask mandate, without engaging with the legislature.
In the dissent, Justice Ann Walsh Bradley said the court was jeopardizing public health. She added that the state health department had the authority to implement restrictions without going through rulemaking.
"At a time when public health experts are imploring pandemic-weary Wisconsinites to stay vigilant, a faulty statutory analysis once again leads this court to undermine public health measures," Bradley wrote.