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COVID-19 Wisconsin Update #174 (10-12-20 PM)

Updated numbers for Monday October 12th, 2020

  • 950 Current Hospital Admissions (240 patients in ICU)
    • Hospital admissions are up 61 (+61) since Sunday. 
      • 950 current hospital admissions is a new one-day high for the pandemic
    • The total number of ICU patients reported increased by 5, (+5) since Sunday.
      • 240 patients in the ICU is the highest one-day number of patients in the ICU during the pandemic
  • Cumulatively there have been 152,192 positive tests in Wisconsin;
    • On Monday there were 1,956 positive tests
    • The 7-day average for positive tests is now 2,547/day
  • Deaths from COVID-19 are at 1,474 in Wisconsin. 
    • On Monday there were 9 deaths reported
  • 121,204 patients who have tested positive for COVID-19 and are listed as having recovered (79.7%), 29,478 cases are still considered active (19.3%) and 1,465 patients have died (1.0%). (last updated by DHS on 10/12) 



Circuit Court Judge denies temporary injunction on Governor’s Emergency Order

Polk County Circuit Court Judge Michael Waterman denied a temporary injunction on Wisconsin Governor Tony Evers Executive Order #90, declaring a public health emergency. On September 22, Governor Tony Evers issued Executive Order 90, declaring a public health emergency, and corresponding Emergency Order 1, regarding face coverings in certain situations for people over the age of 5. ​Face coverings are required to be worn whenever you are indoors or in an enclosed space, other than a private residence, and other people are present in the same room or space.​

The plaintiffs in the lawsuit argued that the Governor cannot issue 60-day successive orders without legislative approval.  The court sided with the Governor in that nothing in the statute states that Governor cannot declare successive state emergencies;

The 60-day limit serves an important function even if the governor can make successive orders. A finite executive order prevents the governor from perpetuating emergency powers after the emergency has dissipated. When an executive order ends after 60 days, it forces the governor, before issuing another order, to reexamine the situation and publicly identify existing, present-day facts and circumstances that constitute a public health emergency. The 60-day limit provides an important check against run-away executive power, but it does not prevent the governor from issuing a new executive order when the emergency conditions continue to exist. And, if the legislature is unconvinced that a state of emergency does exist, the legislature has the ultimate power to terminate it. Wis. Stat. § 323.10

The judge also found that the three plaintiffs personal interests and that an injunction would have statewide impact;

If granted, the temporary injunction will affect every person in Wisconsin by a judicial act that usurps the governor’s power to declare a state of emergency and the legislature’s power to end one. The legislature can end the state of emergency at anytime, but so far, it has declined to do so. As the statewide representative body of the citizens of Wisconsin, the legislature’s inaction is relevant and it weighs against judicial intervention, especially when the requested intervention will have statewide impact.

Link to the Decision and Order


Governor Evers’ statement:

“Today’s ruling is a victory in our fight against COVID-19 and our efforts to keep the people of Wisconsin safe and healthy during this unprecedented crisis,” said Gov. Evers. “As the number of COVID-19 cases in Wisconsin reached 150,000 yesterday, we will continue doing everything we can to prevent the spread of this virus. We ask Wisconsinites to please stay home as much as possible, limit travel and going to public gatherings, and wear a mask whenever out and about.”


Attorney General Kaul’s statement;

“Today’s ruling is the right one,” said AG Kaul. “Wisconsin currently faces one of the worst COVID-19 outbreaks in the nation, and the mask requirement is a critical protection against the ongoing danger that the coronavirus poses to Wisconsinites’ health. I encourage legislative Republicans to stop supporting this attack on the mask requirement and instead to work with Governor Evers to adopt statewide policies that will allow us to more effectively to fight the virus and keep Wisconsinites safe.”


Governor Evers sends letter Republican Leaders

In a response to Assembly Speaker Robin Vos’s (R-Rochester) request for a meeting with Governor last week, Governor Evers today sent a letter to Speaker Vos and Senate Majority Leader Scott Fitzgerald (R-Juneau) outlining his requirements for the meeting, including;

  1. Bringing concrete plans to the meeting, supported by “science and public health” that would be used to address the pandemic in the absence of the Emergency Health Orders.
  2. Litigation regarding the Emergency Health Orders to be halted
  3. Wants the 43 lawmakers that opposed additional funds to the states to withdraw their opposition.
  4. To reinforce the best practice messages of stopping the spread of COVID-19 and to lead by example.
  5. To not wait until after the election to come in and vote down the health emergency if that is the intent of the Legislature.

Link to the letter

JCRAR Directs DHS to Issue Emergency Rule on Gathering Limits

Today the Joint Committee for the Review of Administrative Rules voted on a party-line 6 to 4 vote to require to require the Department of Health Services (DRS) to promulgate an emergency administrative rule relating to the limits on public gatherings. DRS must comply within 30-daysof the joint committees action or no later than November 11, 2020.

CO-Chair of the Committee Steve Nass (R-Whitewater), released the following statement on the Committee’s activity;

“Today, I led an effort to reign in DHS Secretary-Designee Andrea Palm and her rogue state agency that continues to ignore state law and State Supreme Court rulings. JCRAR has invoked a state law that requires DHS to issue an emergency rule relating to limits on gatherings in Wisconsin.

DHS now has 30-days to complete the promulgation process and issue an emergency rule no later than November 11, 2020. Our action today further erodes the ability of DHS to enforce its limits on gatherings under the whims of Evers and Palm. They need to comply with Wisconsin’s Administrative Rules Law and act lawfully.”

Link to release

Updated Charts

Daily Numbers:


Cumulative Numbers:


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