Saturday, July 4, 2020

Safer Racine ordinance is back in effect, appeals court rules 48 hours after local judge overturned it

From The Journal Times.com:



RACINE — The Safer Racine ordinance is back in effect in the City of Racine.

A Wisconsin Court of Appeals ordered Friday afternoon that the ordinance can remain in effect, at least for the time being, while the city’s appeal is argued in court. Judge Paul Reilly is the presiding judge in the case.

"It will be enforced," Mayor Cory Mason said when he announced the appeals court's decision just before 3 p.m. Friday. “The appeals court has put a stay in place, putting the Safer Racine ordinance back in place to prevent the spread of coronavirus here in our community … Going into the Fourth of July weekend, we still do have these local restrictions in place. They are critically important to protect public health.”

The ordinance had been overturned locally on Wednesday when Racine County Circuit Court Judge Jon Fredrickson ruled that the Safer Racine ordinance "is unconstitutionally vague and overbroad, and is unenforceable as drafted.”

The Safer Racine ordinance may still be overturned by the appeals
Fredrickson
court, but the court is allowing it to remain in place while the court case progresses.


Among the rules in place, now that the appeals court has ordered its stay allowing Safer Racine to be legally enforceable, are:

  • Restaurants and bars being limited to 50% of max capacity
  • Retailers being required to follow additional guidelines laid out by the Wisconsin Economic Development Corporation regarding cleaning procedures and social distancing
  • Gyms and other fitness facilities being limited to 25% of their max capacity or a maximum of 10 people inside at any time


The rule regarding gyms sparked the current lawsuit in question. It was filed on behalf of David Yandel, who owns Harbor Park CrossFit and has said that his business dropped by more than 25% since Racine's order went into place.

Read and see more: https://journaltimes.com/news/local/govt-and-politics/safer-racine-ordinance-is-back-in-effect-appeals-court-rules-48-hours-after-local-judge/article_e444c2a2-04c5-518d-b737-7b6a9bf935e6.html

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