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Judge blocks Evers’ order limiting size of indoor gatherings

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MADISON (WKOW) — A judge has blocked Gov. Evers' order limiting the size of indoor gatherings after a lawsuit was filed Tuesday by the Tavern League of Wisconsin.

The lawsuit, filed in Sawyer County, says the order amounts to a “defacto closure.”

The governor issued the order last week which limits public indoor gatherings to 25% of the room or building’s capacity.

President of the Tavern League Chris Marsicano said the order unfairly targets their industry.

"Restaurants, taverns, bars, and supper clubs did not cause this pandemic, but they are systematically facing bankruptcy, closure, and economic ruin," said Marsicano.

The lawsuit argues the Evers' administration did not go through the rule-making process, therefore calling it "illegal."

"The lawsuit asserts that Emergency Order #3 is invalid and unenforceable because it was not promulgated as an administrative rule as required by the Wisconsin Supreme Court ruling just five months ago in Wisconsin Legislature v Palm," said Marsicano.

The Evers's administration released a statement shortly after the lawsuit was filed. Britt Cudaback, Deputy Communications Director responded to a News 9 affiliate, 27 News, request by email.

Wisconsin had another record-breaking day for COVID-19 deaths, hospitalizations, and new cases. Our order is consistent with the Wisconsin Supreme Court’s ruling earlier this year, and we continue to ask everyone to do their part to prevent the spread of this virus by staying home, limiting travel and gatherings, and wearing face coverings whenever in public.

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