Wisconsin Supreme Court questions capacity limits order

Posted at 10:13 AM, Dec 17, 2020
and last updated 2020-12-17 14:08:08-05

WISCONSIN — Wisconsin Supreme Court justices are questioning the legality of an order issued by the state’s top health official limiting how many people could gather in bars and restaurants given the court’s decision earlier this year that a similar order needed legislative approval.

Gov. Tony Evers’ administration argued Thursday that it can issue orders limiting indoor capacity as a way to address public health emergencies like the coronavirus pandemic.

But an attorney representing the Mix-Up Bar in Amery and Pro-Life Wisconsin contends that court precedent from earlier this year requires such a move needs to instead be approved by the Republican-controlled Legislature.

The court didn’t indicate when it might rule.

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