Judge Upholds Gov. Evers' Indoor Capacity Order

MADISON, WI — A Wisconsin judge on Monday upheld and reissued an order from Gov. Tony Evers’ administration limiting the number of people who can gather in bars, restaurants and other indoor places to 25% of capacity. The decision was made on Monday during a live-streamed hearing.

A Wisconsin judge last week temporarily blocked the order from Gov. Tony Evers' administration.

On Monday, a judge declined a request from the Tavern League to keep the order on hold while the lawsuit is pending. During the hearing, the judge also declined to stay his ruling while the Tavern League and others fighting it appeal his decision.

The Tavern League argued that Evers needed to work through the Legislature to approve an emergency rule setting capacity limits, rather than issuing the order. It pointed to a Wisconsin Supreme Court ruling from May undoing Evers' “safer at home" order.

Evers released the following statement regarding the circuit court's denial of a request by the Tavern League of Wisconsin:

“This critically important ruling will help us prevent the spread of this virus by restoring limits on public gatherings. This crisis is urgent. Wisconsinites, stay home. Limit travel and going to gatherings, and please wear a face covering whenever you have to go out.”

The capacity limits order was issued Oct. 6 by Andrea Palm, secretary of the state Department of Health Services, in the face of surging coronavirus cases in Wisconsin. Evers said he was making the move to curb the spread of the virus as it spikes in Wisconsin.

The state was opened a field hospital near Milwaukee on to handle an overflow of patients from hospitals that hit a record-high number of COVID-19 patients. The capacity limits order is set to expire on Nov. 6, but could be renewed.

Evers also declared a public heath emergency in September and extended a statewide mask mandate until Nov. 21. The order, which was in effect since August, was set to expire in September.

Under the original mask order, Wisconsin residents age 5 and older are required to wear a face mask when they are indoors or in an enclosed space, other than at a private residence, with anyone outside their family or living unit.

State officials said face masks also are strongly recommended if a person is outdoors where maintaining physical distancing is not possible.

The order also spells out exceptions to the requirement, listing activities such as when someone is eating, drinking or swimming. People with health conditions or disabilities that would preclude the wearing of a face mask safely are also exempt from the requirement.

Wisconsin last week set new daily records for positive coronavirus cases, deaths and hospitalizations. To date, the state has more than 166,000 positive cases and 1,574 deaths. Associated Press contributed to this report.

Reporting and writing from The Associated Press was used in this story.

This story is developing.