In Wisconsin, capacity limit back in effect

MADISON, Wis. — A Wisconsin judge on Monday reimposed an order from Gov. Tony Evers’ administration limiting the number of people who can gather in bars, restaurants and other indoor venues to 25 percent of capacity.

The capacity-limit 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. A judge blocked the order on Oct. 14 after it was challenged by the Tavern League of Wisconsin, which argued it amounted to a “de facto closure” order for the bars and restaurants it represents.

Barron County Judge James Babler on Monday put the capacity limits back into effect. He declined a request from the Tavern League to keep the capacity limit order on hold while the lawsuit is pending and declined to stay his ruling while the Tavern League and others appeal his decision.

“This critically important ruling will help us prevent the spread of this virus by restoring limits on public gatherings,” Evers said in a statement, while encouraging people to stay at home, limit gatherings and wear a mask when in public.

Wisconsin last week set daily records for positive coronavirus cases, deaths and hospitalizations. The state has more than 173,000 positive cases and 1,600 deaths.

The judge said the Tavern League and others fighting the order did not have a reasonable probability of succeeding. He said no one had shown they would be harmed by following the order.

“I merely have the theoretical issue that if they were to comply, they would suffer harm,” Babler said. “I don’t see how anyone has been harmed by the order … because no one has told me they changed their behavior.”

Attorney Misha Tseytlin, who represented The Mix Up bar in Amery, said it suffered a 50 percent drop in sales after the order was issued.

“How do I know it’s not just general news reports or just word of mouth that ‘I shouldn’t go anywhere because I don’t want to catch COVID?’” the judge said.

The Tavern League, the Sawyer County Tavern League and the Flambeau Forest Inn in the village of Winter brought the lawsuit. They argued that the Flambeau Forest Inn would be forced to limit its capacity to 10 people under the state order, which would include five customers and the five employees needed to operate the restaurant.