Statewide Emergencies and Government Authority

   Do public health situations that have, at some point, been deemed “pandemics” mean that the rule of law is set aside? I’ve been asked that question in one form or another almost every day since March when Governor Evers issued his first statewide public health emergency declaration and stay-at-home order, which meant that all schools, both public and private, were shut down for in-person instruction and churches were put in confusing situations when they were acknowledged as “essential businesses,” but had restrictions placed on them that were not put on other essential businesses.

   As the governor’s first 60-day emergency declaration was about to end, he, under the auspices of the Secretary of the Department of Health, extended the order — a decision that didn’t last too long because the state legislature filed a lawsuit alleging that the law did not allow for this extension. The state’s highest court, our Supreme Court, ruled in favor of the legislature and struck down immediately most of the extension orders.  The court’s decision, however, did not apply to schools, both public and private.

   Then, in late July, Governor Evers issued a second 60-day COVID-related statewide public health emergency declaration along with an order requiring that citizens across the state wear masks when in public.  As a result, many stores and churches that h ...