TAVERN LEAGUE OF WISCONSIN, INC., Sawyer County Tavern League, Inc. and Flambeau Forest Inn LLC, Plaintiffs,
v.
Andrea PALM and Wisconsin Department of Health Services, Defendants-Respondents-Petitioners,
Julia Lyons, Defendant-Respondent,
The Mix Up, Inc. (d/b/a, Miki Jo's Mix Up), Liz Sieben, Pro-Life Wisconsin Education Task Force, Inc., Pro-Life Wisconsin, Inc. and Dan Miller, Intervenors-Plaintiffs-Appellants.
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For the intervenors-plaintiffs-appellants, there were briefs filed by Misha Tseytlin , Kevin M. LeRoy , and Troutman Pepper Hamilton Sanders LLP, Chicago, Illinois. Also on the briefs were Andrew M. Bath and Thomas More Society, Chicago, Illinois; as well as Erick Kaardal and Mohrman, Kaardal & Erickson, P.A., Minneapolis, Minnesota. There was an oral argument by Misha Tseytlin.
ROGGENSACK, C.J., announced the mandate of the Court, and delivered an opinion, in which ZIEGLER and REBECCA GRASSL BRADLEY, JJ., joined. HAGEDORN, J., filed a concurring opinion. ANN WALSH BRADLEY, J., filed a dissenting opinion, in which DALLET and KAROFSKY, JJ., joined.
PATIENCE DRAKE ROGGENSACK, C.J.
¶1 The Department of Health Services (DHS) Secretary-designee, Andrea Palm, issued Emergency Order 3 on October 6, 2020, as a response to the COVID-19 pandemic. Emergency Order 3 limited the size of indoor public gatherings either to 25 percent of a facility's permitted capacity or, if no general capacity limit...
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