Following the Wisconsin State Supreme Court’s ruling on the case Wisconsin Legislature v. Andrea Palm which declared Department of Health Services (DHS) Secretary-designee Andrea Palm’s Emergency Order 28 unenforceable due to its illegal construct, Rep. Amy Loudenbeck (R-Clinton) released the following statement:
“The Wisconsin Legislature challenged DHS Secretary-designee Palm's authority to unilaterally close “non-essential” businesses, forbid all “non-essential” travel, and require Wisconsin residents to stay home. The legislature argued that by doing so, the secretary had overstepped her power and taken away the voice of many Wisconsinites by circumventing the rule making process which allows for both public and legislative input.
“This ruling will allow everyone to have a voice in how Wisconsin handles pandemics not just one unelected person. Governor Evers has indicated that DHS is expected to release a scoping statement for a proposed Emergency Rule today which will be available to the public for review and comment; this is how the process was intended to work.
“Absent a statewide “Safer at Home Order”, individual actions and personal responsibility will remain paramount in how our citizens and their families choose to conduct and protect themselves going forward. Everyone can, and should continue to follow good practices of social distancing, hand washing, regularly sanitizing frequently touched surfaces, and staying home when sick. This order does not promote people to act in a way that they believe endangers their health.
“We now have an abundance of state, regional and local resources and data available to Wisconsinites to help them make these important decisions, including the Wisconsin Economic Development Corporation’s guidelines for reopening, the Wisconsin Hospitals Association COVID-19 Dashboard and the DHS COVID-19 cases and test results webpage. I encourage individuals to utilize these resources and be mindful of local or county public health orders that may be implemented at any time under current law.
“Ask yourself, how can I prepare to keep myself, my family, my business, my customers, and my employees safe? Am I comfortable going to stores and restaurants again? Would I take my kids with me or my grandmother with underlying health conditions? Again, these are individual decisions that require an internal risk-assessment that government does not need to be a part of. I encourage people to ask responsibly and err on the side of caution as we move forward on a safe reopening of our great state.”