WI MANUFACTURERS AND COMMERCE v. EVERS

Appeal Nos. 2020AP2081-AC, 2020AP2103-AC.

960 N.W.2d 442 (2021)

2021 WI App 35

WISCONSIN MANUFACTURERS AND COMMERCE, Muskego Area Chamber of Commerce and New Berlin Chamber of Commerce and Visitors Bureau, Plaintiffs-Respondents, 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. Wisconsin Manufacturers and Commerce, Muskego Area Chamber of Commerce and New Berlin Chamber of Commerce and Visitors Bureau, Plaintiffs-Respondents, 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-Appellants, Milwaukee Journal Sentinel, Intervenor.

Court of Appeals of Wisconsin.

Opinion Filed: April 5, 2021.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Clayton P. Kawski and Anthony D. Russomanno , assistant attorney generals, and Joshua L. Kaul , attorney general. There was oral argument by Clayton P. Kawski .

On behalf of the intervenor-appellant, the cause was submitted on the briefs of and oral argument by Thomas C. Kamenick of Wisconsin Transparency Project, Kamenick Law Office, LLC, Port Washington.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Ryan J. Walsh and Amy C. Miller of Eimer Stahl LLP, Madison. There was oral argument by Ryan J. Walsh .

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

Nonparty briefs were filed by Matthew M. Fernholz of Cramer, Multhauf & Hammes, LLP, Waukesha, for Waukesha County Business Alliance, Oshkosh Chamber of Commerce, Racine Area Manufacturers and Commerce, Wisconsin Grocers Association, Venture Cooperative, and Wisconsin Dairy Alliance.

A nonparty brief was filed by Natalie A. Harris of Baron Harris Healey, Chicago, Illinois, for Reporters Committee for Freedom of the Press and 13 media organizations.

A nonparty brief was filed by April Rockstead Barker of Schott, Bublitz & Engel S.C., Waukesha, for Gannett Co., Inc. d/b/a USA Today Network-Wisconsin, d/b/a Green Bay Press-Gazette, and Doug Schneider.

Before Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.


¶1 Three trade associations whose members are businesses in Wisconsin—Wisconsin Manufacturers and Commerce (WMC), Muskego Area Chamber of Commerce, and New Berlin Chamber of Commerce and Visitors Bureau (collectively, the Associations) —commenced this declaratory judgment action seeking to enjoin the planned release...

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