Wis. (WLAX/WEUX) – Governor Evers order limiting businesses to 25 percent capacity indoors is back into effect after a Barron County Judge denied an injunction. The order was given a temporary injunction last week, before today’s ruling. First News at Nine’s Zach Prelutsky breaks down today’s hearing and has what’s next.
“I find that the plaintiffs and interveners have not shown that they are entitled to a temporary injunction, and I deny their request,” said Barron County Judge, James Babler.
Barron County Judge James Babler ruling in favor of the state on Monday morning. Putting back into place Emergency Order #3, limiting public gatherings in the state, after denying a motion for injunction.
Colin Hector, Wisconsin Assistant Attorney General, said, “I don’t mean to minimize the economic harm that this pandemic has caused to small businesses that have been shellshocked during this pandemic, but the only way to bring Wisconsin’s economy back is to get this virus under control. Emergency order 3 is an effort to do that.”
The emergency order was originally signed on October 6. However, a temporary restraining order was imposed on the order last week, until the injunction hearing.
Attorney for the Tavern League of Wisconsin Josh Johanningmeier, arguing the order did not have legislative approval and was similar to the safer at home order, which was struck down by the Supreme Court in May.
Johanningmeier said, “Wisconsin small businesses, Wisconsin citizens, trade businesses like my clients who represent thousands of them are entitled to the protection of the law and the safeguards of rulemaking rather than allowing one unelected official to issue orders like Emergency Order #3.”
Assistant Attorney General Colin Hector arguing DHS and the administration is working to contain the virus, a power they have.
Hector said, “There’s perhaps no more fundamental principle than that the legislator makes the law and the executive applies and enforces the law. So, when the executive evokes discretion in applying the law, that is an executive function.”
In his comments, Judge Babler questioning the harm the order has done to businesses and adding that the Supreme Court ruling on the safer at home order did not give him much clarity.
Babler said, “I don’t see how anyone has been harmed by the order, at least by these plaintiffs because no one has told me they’ve changed their behavior. They are saying if the order is enforced. The whole point of temporary injunctive relief is that they do not have to wait until their driven out of business by compliance of the order to come to court and stop the unlawful action of the government.”
Judge Babler also denied a request to stay the temporary restraining order, while an appeal is expected to be filed by the Tavern League.
In Eau Claire, Zach Prelutsky, First News at Nine.