BECKER v. DANE COUNTY

No. 2021AP1343 & 2021AP1382.

977 N.W.2d 390 (2022)

2022 WI 63

Jeffrey BECKER, Andrea Klein and A Leap Above Dance, LLC, Plaintiffs-Appellants, v. DANE COUNTY, Janel Heinrich and Public Health of Madison & Dane County, Defendants-Respondents.

Supreme Court of Wisconsin.

Opinion Filed: July 8, 2022.


Attorney(s) appearing for the Case

For the plaintiffs-appellants, there were briefs filed by Rick Esenberg , Luke N. Berg , Anthony F. LoCoco , Daniel P. Lennington and Wisconsin Institute for Law & Liberty, Milwaukee. There was an oral argument by Luke N. Berg .

For the defendants-respondents, there were briefs filed by Remzy D. Bitar , Sadie R. Zurfluh , and Municipal Law and Litigation Group, S.C., Waukesha. There was an oral argument by Remzy D. Bitar .

An amicus curiae brief was filed by Daniel R. Suhr and Liberty Justice Center, Chicago, for Liberty Justice Center.

An amicus curiae brief was filed by Terman Spencer , city attorney, Gregory P. Kruse , assistant city attorney, Claire Silverman , and Maria Davis for The City of Milwaukee and League of Wisconsin Municipalities.

An amicus curiae brief was filed by Jessica L. Thompson , Matthew Fernholz , and Pacific Legal Foundation, Arlington, and Cramer, Multhauf & Hammes, LLP, Racine, for the Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center.

An amicus curiae brief was filed by Brian P. Keenan , assistant attorney general, with whom on the brief was Joshua L. Kaul , attorney general, for Governor Tony Evers and Attorney General Josh Kaul.

An amicus curiae brief was filed by patricia Epstein Putney , Melita M. Mullen , Jeffrey B. Dubner , Jessica Anne Morton , and Bell, Moore & Richter, S.C., Madison, and Democracy Forward Foundation, Washington, D.C., for the American Medical Association and Wisconsin Medical Society.

An amicus curiae brief was filed by Allison W. Boldt and the University of Wisconsin Law School State Democracy Research Initiative, Madison, for Legal Scholars.

An amicus curiae brief was filed by Jeffrey A. Mandell , Douglas M. Poland , Colin T. Roth , Daniel Lenz , Elizabeth B. Wydra , Brianne J. Gorod , Brian R. Frazelle , Miriam Becker-Cohen , and Stafford Rosenbaum LLP, Madison, Law Forward, Inc., Madison, and Constitutional Accountability Center, Washington, D.C., for Julian Davis Mortenson, Professor of Constitutional History.

KAROFSKY, J., delivered the majority opinion of the Court with respect to ¶¶1-28 and 44-45, in which ANN WALSH BRADLEY, DALLET, and HAGEDORN, JJ., joined, and an opinion with respect to ¶¶29-43, in which ANN WALSH BRADLEY and DALLET, JJ., joined. HAGEDORN, J., filed a concurring opinion. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined.


¶1 We resolve whether local health officers may lawfully issue public health orders. This suit arises from a challenge to a local health officer's issuance of public health orders to prevent, suppress, and control a communicable coronavirus disease commonly referred to as COVID-19. The case before us does not challenge...

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