TAVERN LEAGUE OF WISCONSIN, INC. v. PALM

No. 2020AP1742.

957 N.W.2d 261 (2021)

2021 WI 33

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.

Supreme Court of Wisconsin.

Opinion Filed: April 14, 2021.


Attorney(s) appearing for the Case

For the defendants-respondents-petitioners, there were briefs filed by Colin A. Hector , Hannah S. Jurss , and Thomas C. Bellavai , assistant attorneys general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Colin Hector.

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.

An amicus curiae brief was filed by Lucas T. Vebber , Corydon J. Fish , and Wisconsin Manufacturers & Commerce, Inc.

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.


¶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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