Several Wisconsin counties and cities have rescinded safer-at-home orders issued after the state Supreme Court struck down the state’s order last week.
The number of confirmed cases of COVID-19 rose by 858 over the weekend. There were 12,543 confirmed cases as of Sunday and 453 deaths, an increase of eight over the weekend. There were 139,674 negative test results.
Saturday was the highest single-day increase in cases yet. There were no additional deaths reported Sunday.
Brown County rescinded its safer-at-home order Friday.
David Hemery, Brown County corporation counsel, wrote that he determined that the order needed to be rescinded after consulting with the Wisconsin Counties Association and outside legal counsel. While those groups didn’t say action was “outright prohibited,” they suggested the legal basis is “likely weak,” he wrote.
Hemery told reporters they issued the order to prevent a potential “flood” of people going out in public following the Supreme Court’s decision. But he said the rationale changed after Gov. Tony Evers and legislators met Thursday without offering new guidelines.
A safer-at-home order could only be effective if it’s for the whole state, he said.
“We can’t seal our borders,” he said. “If other individuals are coming and going, no matter how much we lock down our own population, in my opinion from what I saw, it just would not be effective.”
Kenosha, Winnebago, Outagamie, and Manitowoc counties, as well as the cities of Appleton, Cudahy, De Pere and Menasha, were among those lifting their orders.
Other orders, including those affecting the city of Milwaukee and Dane County, remain in place.
Milwaukee Mayor Tom Barrett said they have the authority to issue the order, comparing it to fire codes that limit the number of people in a building.
“We are very confident that we have strong legal underpinnings for the actions that we are taking,” Barrett told reporters. “To me, this is totally in line with literally decades of public health laws.”
Attorney General Josh Kaul released an opinion late Friday to address confusion over the Supreme Court’s decision. Kaul said the court’s decision addressed the Department of Health Services’ authority and not local public health authorities. He urged caution around tying criminal penalties to the orders.
Meanwhile, Joint Committee on Review of Administrative Rules Co-Chair Sen. Steve Nass, R-Whitewater, on Friday called for Evers to withdraw the scope statement submitted to begin the emergency rulemaking process.
Nass said the scope statement leaves “little doubt” that DHS Secretary-designee Andrea Palm is “no longer acting in a lawful capacity by circumventing the Supreme Court ruling and once again trying to improperly take control of the daily lives of every Wisconsin citizen.”
Evers’ office did not return a request for comment.
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