Thursday, July 2, 2020

Judge overturns Racine's COVID-19 ordinance; city appealing decision

From The Journal

RACINE — In a Wednesday afternoon court decision, Racine County Circuit Court Judge Jon Fredrickson did not change course and said that the City of Racine’s COVID-19 ordinance “is unconstitutionally vague and overbroad, and is unenforceable as drafted.”
However, Fredrickson left open the possibility that a new, less broad, ordinance that includes restrictions related to COVID-19 could still be created by the city.
“This Court has not taken a public policy position on the City’s powers to open and shut businesses to fight the pandemic, require social distancing, masks, or various hygiene, capacity, or cleaning protocols. The City maintains its full power to issue a new ordinance addressing COVID-19,” Fredrickson, who was appointed by then-Gov. Scott Walker in 2016 and then was elected in 2019, wrote.


Racine Mayor Cory Mason said in an email Wednesday night that the city has already filed appeals and has requested a stay on Fredrickson’s decision.
In a statement, Mason asserted that Fredrickson’s political leaning played a role in his decision-making.
“Today a right-wing, activist judge in Racine had the audacity to proclaim that an ordinance which was lawfully enacted by the Racine Common Council is not valid. The irony is not lost on me that this happened on the same day Dane County proactively put in place additional restrictions on bars and restaurants in order to better protect their residents before the holiday weekend. This irresponsible decision jeopardizes the city’s ability to protect the health and well-being of our residents in the midst of a life-threatening pandemic. This decision also appears to be at odds with the powers and duties enumerated to the Common Council and public health director by state statute and the Constitution,” Mason said. “Twenty-five city residents have died from this virus, I hope no one else will die because of Judge Fredrickson’s judicial activism.”
Wow, Butterball is losing it.  Calling the judge names will certainly help his case.  I'm glad that he's finally showing his true colors.

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