Gov. Evers directed Wisconsin Department of Health Services (DHS) Secretary-designee Andrea Palm to extend the Safer at Home Order (Emergency Order No. 12) that was issued on March 24, 2020, from April 24, 2020 to May 26, 2020. Emergency Order No. 28 contains additional safety measures for businesses remaining open under Emergency Order No. 12, while allowing some activities that had ceased under the previous order to restart. In addition to the conditions set forth in Emergency Order No. 12, the following conditions are effective April 24, 2020 until 8:00 a.m. May 26, 2020, or until a superseding order is issued:
- In addition to the safety guidelines in the March 24 Safer at Home Order, Essential Businesses remaining open must: (1) To the greatest extent feasible, comply with social distancing requirements between all individuals on the premises; (2) Restrict the number of workers present on premises to no more than is strictly necessary to perform the essential operation; (3) Increase standards of facility cleaning and disinfection to limit worker and patron exposure to COVID-19, as well as adopting protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace; and (4) Adopt policies to prevent workers from entering the premises if they display respiratory symptoms or have had contact with a person with a confirmed diagnosis of COVID-19.
- Businesses defined as Non-essential Businesses will be allowed to do more activities as Minimum Basic Operations, as long as social distancing requirements can be met. For example, Minimum Basic Operations including deliveries, mailings, and curb-side pick-up are allowed if they can be performed by one person in a room or other confined space, like a car or truck. Arts and crafts stores may offer curbside pickup of materials for making homemade personal protective gear. The order also addressed aesthetic or optional exterior residential construction and lawn care services in connection with non-essential businesses and a more in-depth Legal Update on those areas will be issued soon.
- Golf-courses can open, as long as tee times are reserved and paid for online or by phone, and social distancing is maintained. Golf carts are not allowed, and clubhouses, pro shops, driving ranges, and miniature golf courses must remain closed.
- Public libraries may offer curbside pickup of books and other materials requested online or by phone, as long as social distancing requirements are followed.
- Public and private K-12 schools, and all extracurricular activities associated with school, will remain closed for the rest of the 2019-2020 school year.
- Wisconsinites are encouraged to stay close to home and strongly discouraged from engaging in unnecessary travel, including travel to cabins or second homes.
- Non-tribal members are advised to be respectful of and avoid nonessential travel to Tribal territory.
- Local public parks and open spaces may be closed by local health officials, if there are too many people making it difficult to comply with social distancing requirements, there is repeated vandalism or disturbing the peace, repeated violations of the Safer at Home Order, or the local government does not have the ability to enforce social distancing. Closure decisions for these parks and open spaces will be made at the local level.
von Briesen’s detailed summary of Emergency Order No. 12, the Safer at Home Order issued March 24, is available here. If you have further questions about how Emergency Order No. 28 or No. 12 affects you or your business, please contact your von Briesen attorney or any member of our Government Relations Section or COVID-19 von Briesen Task Force.
von Briesen & Roper Legal Update is a periodic publication of von Briesen & Roper, s.c. It is intended for general information purposes for the community and highlights recent changes and developments in the legal area. This publication does not constitute legal advice, and the reader should consult legal counsel to determine how this information applies to any specific situation.