WIS. MANUFACTURERS AND COMMERCE v. EVERS

No. 2020AP2081-AC & 2020AP2103-AC.

977 N.W.2d 374 (2022)

2022 WI 38

WISCONSIN MANUFACTURERS AND COMMERCE, Muskego Area Chamber of Commerce and New Berlin Chamber of Commerce and Visitors Bureau, Plaintiffs-Respondents-Petitioners, v. Tony EVERS, in his official capacity as Governor of Wisconsin, Karen Timberlake, in her official capacity as Interim Secretary of the Wisconsin Department of Health Services and Joel Brennan, in his official capacity as Secretary of the Wisconsin Department of Administration, Defendants, Milwaukee Journal Sentinel, Intervenor-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: June 7, 2022.


Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs filed by Ryan J. Walsh , Amy C. Miller , Scott E. Rosenow and Eimer Stahl LLP, Madison and WMC Litigation Center, Madison. There was an oral argument by Scott E. Rosenow .

For the intervenor-appellant there was a brief by Thomas C. Kamenick and the Wisconsin Transparency Project, Port Washington and Kamenick Law Office, LLC, Port Washington. There was an oral argument by Thomas C. Kamenick .

For the defendants there was a brief filed by Clayton P. Kawski and Anthony D. Russomanno , assistant attorneys general, with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Clayton P. Kawski , assistant attorney general.

An amicus curiae brief was filed by Matthew M. Fernholz and Cramer, Multhauf Hammes, LLP, Racine, for Waukesha Business Alliance, Oshkosh Chamber of Commerce, Racine Area Manufacturers and Commerce, Wisconsin Grocers Association, Venture Cooperative, and Wisconsin Dairy Alliance.

An amicus curiae brief was filed by Robert I. Fassbender and Great Lakes Legal Foundation, Madison, for National Federation of Independent Business, Wisconsin Restaurant Association, and Restaurant Law Center.

An amicus curiae brief was filed by Natalie A. Harris and Baron Harris Healey , Chicago, for Reporters Committee for Freedom of the Press and 13 Media Organizations.

An amicus curiae brief was filed by Lane E.B. Rutiland and Ruhland Law and Strategy, LLC, Waunakee, for National Federation of Independent Business Small Business Legal Center, Wisconsin Restaurant Association, Restaurant Law Center, Oshkosh Chamber of Commerce, Racine Area Manufacturers and Commerce, Wisconsin Dairy Alliance, Wisconsin Builders Association, Greater Wausau Chamber of Commerce, Waukesha County Business Alliance, Associated Builders and Contractors of Wisconsin, Eau Claire Area Chamber of Commerce, Wisconsin Grocers Association, and Wisconsin Paper Council.

An amicus curiae brief was filed by Christa O. Westerberg , Aaron G. Dumas , and Pines Bach LLP, Madison, for Wisconsin Freedom of Information Council, Wisconsin Broadcasters Association, Wisconsin State Journal and the Capital Times.

DALLET, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, HAGEDORN, and KAROFSKY, JJ., joined. ZIEGLER, C.J., filed a dissenting opinion, in which ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., joined.


¶1 The Milwaukee Journal Sentinel made public records requests to the Department of Health Services (DHS) for certain documents related to the COVID-19 pandemic. After learning that DHS planned to respond by releasing a list of "all Wisconsin businesses with over 25 employees that have had at least two employees test...

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