HAYWARD, WI (WSAU) – The Tavern League of Wisconsin is challenging the Evers’ Administration’s capacity limits on bars and restaurants in court, and a Sawyer County judge has issued a temporary restraining order blocking those rules from taking effect.
Emergency Order $3 limits indoor spaces to 25% of a room or building’s capacity. Judge John M. Yackel ruled that the capacity limits are on hold until a hearing is held on the case. Further appeals are likely.
Tavern League President Chris Marsicano says the dining industry is being unfairly targeted: “Restaurants, taverns, bars, and supper clubs did not cause this pandemic, but they are systematically facing bankruptcy, closure, and economic ruin.”
Marsicano says the current order did not go through the state rule-making process, which requires a vote from a legislative committee. “The lawsuit asserts that Emergency Order #3 is invalid and unenforceable because it was not promulgated as an administrative rule as required by the Wisconsin Supreme Court ruling just five months ago in Wisconsin Legislature v Palm. The Evers Administration contends that the DHS can issue emergency orders, and that they have 30 days to begin the rule-making process. The current 25% capacity order will expire November 3, before the 30-day limit.
The Governor hasn’t commented on the lawsuit.
A court hearing is scheduled for 9 a.m. this Monday, in which the state can give its reasons why a temporary restraining order should not be in place.
Bars and restaurants endured extended shutdowns last April, and some are still subject to county and local capacity limits. Many Tavern League members opened their doors immediately after the state Supreme Court struck down Evers’ statewide Safer At Home order last May.
