ALERT: Kenosha County has withdrawn its Safer at Home Order after determining it is unenforceable.
Kenosha County, like Brown County and Outagamie County instituted its own version of the Safer at Home order following the Supreme Court’s decision in Legislature v. Palm, 2020 WI 42. On Thursday, May 14, 2020, Health Officer Dr. Jen Freiheit immediately withdrew Kenosha County’s local Safer at Home Order.
Pursuant to the press release issued by Kenosha County, businesses may reopen without risk of penalty or prosecution. Dr. Freiheit strongly urged people to continue observing the public health guidelines outlined in Safer-at-Home.
Reaching the same conclusion as Gerbers Law in our article yesterday, Supreme Court rules that Emergency Order 28 – Safer at Home, is unenforceable, Kenosha County Corporation Counsel, Joseph Cardamone, said guidance received from the Wisconsin Counties Association’s legal arm late Thursday suggested that the provision struck down by the State Supreme Court also applied to local health officers.
Currently, there are numerous counties in Wisconsin, including Brown County, that have instituted local Safer at Home orders. We are confident that as additional counties analyze the Supreme Court’s decision, they will come to the same conclusion as Gerbers Law and Kenosha County and also withdraw their local Safer at Home orders.
Until a county formally withdraws its local Safer at Home order, however, it can still be enforced. We do recommend that as businesses reopen, they incorporate safety precautions for both their customers and staff, including use of social distancing and personal protective equipment.