Wisconsin Supreme Court Declares Racine School Closure Order Invalid

WILL:

The News: The Wisconsin Supreme Court unanimously declared that an order from the City of Racine’s public health officer closing all schools, public and private, in response to the COVID-19 pandemic, is invalid and lacked proper legal authority. The Wisconsin Institute for Law & Liberty (WILL) filed an original action to the Wisconsin Supreme Court on November 19, on behalf of a group of parents, schools, and membership associations. The Court granted WILL’s original action and issued a temporary injunction blocking the City of Racine’s school closure order before it could go into effect on November 27.

Quote: WILL President and General Counsel, Rick Esenberg, said, “The Court determined, once again, that a local public health officer violated the law when it ordered all schools in her jurisdiction closed. This marks another important case reminding public officials that emergencies do not override the rule of law.”

Background: The City of Racine Public Health Department issued an order on November 12, closing all school buildings in the City of Racine, private and public, from November 27 to January 15, as a means of addressing COVID-19. When Racine issued this order, WILL had already filed an original action to the Wisconsin Supreme Court challenging Dane County’s school closure order and obtained an order enjoining it.

WILL filed an original action to the Wisconsin Supreme Court on November 19, on behalf of a group of parents, schools, and membership associations and similarly earned a temporary injunction blocking Racine’s school order while the Court decided the challenge to Dane County.

Related: Catholic schools will sue Dane County Madison Public Health to open as scheduled

Notes and links on Dane County Madison Public Health. (> 140 employees).

Molly Beck and Madeline Heim:

which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.   

While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state. 

Channel3000:

The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.

The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.

“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”

Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.

All 77 false-positive COVID-19 tests come back negative upon reruns.

Madison private school raises $70,000 for lawsuit against public health order. – WKOW-TV. Commentary.

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Assembly against private school forced closure.

Wisconsin Catholic schools will challenge local COVID-19 closing order. More.

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