Wisconsin’s Supreme Court ruled that Governor Tony Evers does not have the authority to issue limits on capacity for bars, restaurants, and other businesses without legislature approval. There hasn’t been a statewide capacity limit restriction in place since October. The order that was issued on October 6th limited the size of indoor public gatherings to twenty-five percent of a building or room’s occupancy, or ten people in places with no occupancy limit. The order was blocked by a state appeals court on October 23rd.
The Supreme Court ruled 4-3 on Wednesday that the order meets the definition of a rule, which must go through legislature. This comes two weeks after the Wisconsin Supreme Court ended the state’s mask mandate.