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WISCONSIN MANUFACTURERS v. EVERS

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

974 N.W.2d 753 (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.

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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