Wisconsin Governor Tony Evers restricts public indoor gatherings

Wisconsin Gov. Tony Evers' administration issued a new order Tuesday limiting the size of public indoor gatherings as COVID-19 spreads unchecked across the state, in a move certain to alienate Republicans as well as tavern and restaurant owners.

Wisconsin Governor Tony Evers

Wisconsin Governor Tony Evers

Wisconsin has become one of the worst hot spots for the disease over the last month, with experts attributing the spike in cases to colleges and schools reopening and general fatigue about wearing masks and social distancing. The state ranked third nationwide this week in the number of new cases per capita, according to Johns Hopkins University.

Read full order, list of exemptions

The order from state Department of Health Services Secretary Andrea Palm, a member of Evers' cabinet, limits public indoor gatherings to 25% of the room or building's capacity. Gatherings in indoor spaces without an occupancy limit will be limited to 10 people. The order does not apply to colleges, schools, churches, polling locations, political rallies and outdoor venues.

The limits take effect on Thursday, Oct. 8 and run through Nov. 6. Violators could face forfeitures of up to $500.

“We’re in a crisis right now and need to immediately change our behavior to save lives,” Evers said in a statement.

The order could spark new legal challenges for the Democratic governor, who has faced continued resistance and litigation from Republicans since the pandemic began. After he issued a statewide stay-at-home order in March, the GOP convinced the conservative-leaning state Supreme Court to strike down that order in May.

FAQs about "limited public gatherings"

Conservatives also are challenging Evers' mask mandate in court; a ruling could come any day.

Evers' attorney, Ryan Nilsestuen, told reporters during a video conference that the newest restrictions on capacity should survive a legal challenge. He noted that the Supreme Court's ruling in May did not touch on DHS' statutory authority to limit gatherings.

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He also noted that the court's conservative majority has shrunk from 5-2 to 4-3 since May, and conservative Justice Brian Hagedorn voted with his liberal colleagues to uphold the stay-at-home order, signaling he may support the gatherings order.

“I think we have a good chance,” Nilsestuen said. “I think we will prevail before the high court.”

Reaction to new COVID-19 restrictions

Cong. Ron Kind (D-La Crosse)

"With COVID-19 cases surging across Wisconsin, the time for action is now. I strongly support Governor Evers' order to limit indoor mass gatherings. After months of this pandemic, the science is clear – avoiding large gatherings, wearing a facial covering in public, and practicing good hygiene are some of the best ways to prevent COVID-19. Now, we need to end the partisan games and lawsuits and follow our health care professionals' advice to take steps to slow the spread of COVID-19. Wisconsinites' lives are at stake."

State Senator Chris Kapenga (R-Delafield)

"The Supreme Court is clear and has already ruled that the Governor is supposed to be working with the Legislature on any decisions affecting the state going forward relating to the pandemic. Governor Evers is not supposed to act unilaterally, yet here he is again."

Stephanie Bloomingdale, President of the Wisconsin AFL-CIO

"On behalf of the working men and women of the Wisconsin AFL-CIO, I would like to commend Governor Evers for his latest directive limiting the size of public gatherings in our state. The alarming rise in cases that has put our state near the top of the list of Covid-19 hotspots make this a necessary, common sense action.

"As the deadly 1918 pandemic illustrated, a likely second wave has the potential to be even more lethal than what we’ve seen so far. Unfortunately, coronavirus fatigue is prompting too many Wisconsinites to ignore essential public health practices, allowing cases to spike dramatically.

"With rising infection rates and the healthcare system stretched to the brink in our state, we are fortunate to have a governor willing to set politics aside and show the kind of leadership that is so obviously lacking in Donald Trump's White House and among the Republican leadership in our state legislature.

"This pandemic will someday be over, but we are not there yet. Ideally, people should all voluntarily abide by the practices that will limit the spread of this disease. When this is not the case, our elected leaders must use the power we have given them to compel that behavior. Thank you to Governor Evers for using your authority to help keep Wisconsin safe."