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Appeal filed in ruling reinstating Wisconsin capacity limits

Posted at 4:23 PM, Oct 20, 2020
and last updated 2020-10-20 17:27:00-04

MADISON, Wis. (AP) — An appeal was filed Tuesday to a judge’s order putting back in place limits on how many people can gather in Wisconsin bars, restaurants and other indoor venues.

Gov. Tony Evers’ administration issued the emergency order two weeks ago to help curb surging coronavirus cases in the state.

The Mix Up bar in Amery, along with Pro-Life Wisconsin, asked the Wisconsin state appeals court to overturn the Monday ruling by Barron County Judge James Babler. They asked for a ruling by Friday, just two weeks before the capacity limits order was set to expire.

The Tavern League of Wisconsin, which initially filed the lawsuit, was also expected to seek an appeal.

Those challenging the order argue that the limits will put bars and restaurants out of business and prevent organizations like Pro-Life Wisconsin from holding fundraisers at venues subject to the attendance limits. They argue that Evers should have gone through the Legislature to issue an administrative rule to enact the limits, rather than have the Department of Health Services issue an emergency order.

Evers argues that the limits are one way to help stop the spread of the virus.

Under the order, the number of customers at any indoor venue is limited to 25% of capacity or no more than 10 people for places without an occupancy limit. The order does not apply to colleges, schools, churches, polling locations, political rallies and outdoor venues.

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