‘Unlawful’: Wisconsin Supreme Court Rules Against Health Officials Closing Schools

On Friday, Wisconsin’s Supreme Court made a ruling that local health officers do not have the statutory authority to close down schools.

The Daily Wire reports:

As detailed in the ruling, in March 2020, Wisconsin Democrat Governor Tony Evers declared a public health emergency in Wisconsin. The next day, then Secretary-Designee of the Department of Health Services (DHS), Andrea Palm, issued an order mandating “the closure of all public and private Wisconsin schools for purposes of [in-person] instruction and extracurricular activities.” On March 24, 2020, Palm issued a statewide “Safer at Home Order,” which closed “public and private K-12 schools . . . for [in-person] instruction and extracurricular activities.”

On May 13, 2020, Madison and Dane County Public Health Officer Janel … Heinrich issued Emergency Order #1, which “adopted the provisions” contained in the “Safer at Home Order,” including the mandate closing schools. On May 18, 2020, Heinrich issued Emergency Order #2, which expressly reiterated that public and private K-12 schools must stay closed for in-person instruction, but allowed them to provide “[d]istance learning or virtual learning.”

…

The plaintiffs argued that Heinrich exceeded her statutory authority under § 252.03 and violated their fundamental right to the free exercise of religion under Article I, Section 18 of the Wisconsin Constitution, as well as parents’ fundamental right to direct the upbringing and education of their children under Article I, Section 1 of the Wisconsin Constitution.

The court stated: “We agree with the Petitioners and hold: (1) local health officers do not have the statutory power to close schools under Wis. Stat. § 252.03; and (2) Heinrich’s Order infringes the Petitioners’ fundamental right to the free exercise of religion guaranteed under Article I, Section 18 of the Wisconsin Constitution… Accordingly, those portions of the Order restricting or prohibiting in-person instruction are unlawful, unenforceable, and are hereby vacated.”

AAN Staff