Master Archive Emergency Order 5

Summary

Exhibit 1 (Document 3-2, filed 03/18/20 in Case No. 3:20-cv-00249-wmc) is Emergency Order #5 Prohibiting Mass Gatherings of 10 People or More from the State of Wisconsin Department of Health Services. Under the authority of Wis. Stat. § 252.02(3) and at the direction of Governor Tony Evers, Secretary-designee Andrea Palm orders a statewide moratorium on mass gatherings of 10 people or more to mitigate the spread of COVID-19. Effective at 5:00 p.m. on Tuesday, March 17, 2020, all public and private mass gatherings are prohibited and all bars and restaurants shall close, with restaurants allowed take-out or delivery only. Effective at 5:00 p.m. on Wednesday, March 18, 2020, all public and private schools and institutions of higher education shall close. The order lists exemptions including health care facilities, residential buildings, and facilities used as polling places.

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Case: 3:20-cv-00249-wmc Document #: 3-2 Filed: 03/18/20 Page 1 of 4

Exhibit 1
Case: 3:20-cv-00249-wmc Document #: 3-2 Filed: 03/18/20 Page 2 of 4

State of Wisconsin
Department of Health Services

Tony Evers, Governor
Andrea Palm, Secretary

EMERGENCY ORDER #5
PROHIBITING MASS GATHERINGS OF 10 PEOPLE OR MORE

1. Under the authority of Wis. Stat. § 252.02(3) and at the direction of
Governor Tony Evers, I, Andrea Palm, Secretary-designee of the
Wisconsin Department of Health Services, order a statewide
moratorium on mass gatherings of 10 people or more to mitigate the
spread of COVID-19. This order supersedes any previous Emergency
Order that conflicts with this order.

2. Effective at 5:00 p.m. on Tuesday, March 17, 2020, all public and
private mass gatherings are prohibited in the State of Wisconsin.

“Mass gathering” is any planned or spontaneous, public or private event
or convening that will bring together or is likely to bring together 10 or
more people in a single room or single confined or enclosed space at the
same time.

All gatherings that bring together or are likely to bring together less
than 10 people in a single room or confined or enclosed space at the
same time must:

a. Preserve social distancing of 6 feet between people, and

b. Follow all other public health recommendations issued by the
Wisconsin Department of Health Services and Centers for Disease
Control.

Voluntary cancelation, closure, or limitations on size of gathering
beyond the requirements of this order are permitted.

3. Effective at 5:00 p.m. on Tuesday, March 17, 2020, all bars and
restaurants shall close in the State of Wisconsin, except as provided
below for restaurants.

4. Effective at 5:00 p.m. on Wednesday, March 18, 2020, all public and
private schools and institutions of higher education in the State of
Wisconsin shall close for instructional and extracurricular activities at
5:00 p.m. Such institutions shall remain closed for the duration of the

1 West Wilson Street © Post Office Box 7850 @ Madison, WI 53707-7850 e Telephone 608-266-9622
www.dhs.wisconsin.gov
Protecting and promoting the health and safety of the people of Wisconsin

Case: 3:20-cv-00249-wmc Document #: 3-2 Filed: 03/18/20 Page 3 of 4

public health emergency or until a subsequent order lifts this specific
restriction.

This order may include, but is not limited to mass gatherings at: public
or private schools, auditoriums, theaters, movie theaters, museums,
stadiums, arenas, conference rooms, meeting halls, exhibition centers,
taverns, health and fitness centers, recreation centers, licensed pools, and
places of worship and religious gatherings.

This order exempts the following:
1. TRANSPORTATION:

a. Airports as long as restaurants comply with the restrictions in
Section 11 below.

b. Mass transportation.

2. EDUCATIONAL INSTITUTIONS

a. Public, private, and charter schools only for noninstructional
purposes, such as medication pickup, childcare services,
providing meals, and when operating as polling places.

3. CHILDCARE

a. Childcare locations (including those that operate within a facility
that is otherwise prohibited), residential care centers, and group
homes.

4. HOTELS AND MOTELS

a. Hotels and motels as long as restaurants comply with the

restrictions in Section 11 below.
5. GOVERNMENT

a. Military and National Guard facilities.

b. Law enforcement, jails, secure treatment centers, and correctional
facilities, including any facility operated by the Department of
Corrections, and any facility used to respond to natural disasters
or public health emergencies.

c. State and local government facilities, including government
service centers, unless prohibited elsewhere in this order or
another order.

d. Facilities operated by the Wisconsin Legislature or Wisconsin
Court System.

6. RELIEF FACILITIES
a. Food pantries and shelter facilities, including day centers, for
individuals and families.
7. RESIDENTIAL BUILDINGS
a. All residential buildings.
8. RETAIL

a. Retail establishments, including gas stations and auto-repair
facilities, where large numbers of people are present but are
generally not within arm’s length of one another for more than 10
minutes. Indoor shopping malls shall close.

Case: 3:20-cv-00249-wmc Document #: 3-2 Filed: 03/18/20 Page 4 of 4

9. HEALTHCARE

a. All health care facilities, including hospitals, medical facilities,
home health agencies, personal care agencies, hospices, adult
family homes, and pharmacies;

b. Long-term care and assisted living facilities, as long the facility
follows all current Department of Health Services’
Recommendations for Prevention of COVID-19 in Long-Term Care
Facilities and Assisted Living Facilities and all Centers for Disease
Control recommendations.

c. Alcohol and drug treatment centers or similar facilities.

10. FACILITIES FOR VOTING
a. Libraries when operating as polling places.
11. FOOD ESTABLISHMENTS

a. Restaurants may remain open for take-out or delivery service
only. No seating may be provided, and food may not be consumed
at the restaurant. Restaurants shall preserve social distancing of
six feet between customers during pick up.

b. Retail food establishments (grocery stores, convenience stores,
farmer’s markets) as long as the requirements listed below are
followed:

i. Close all seating intended for consuming food;
ii. Cease self-service operations of salad bars, beverage
stations, and buffets; and
iii. Prohibit customers from self-dispensing all unpackaged
food.
12. COMMERCIAL AND NON-PROFIT ENTITITES

a. Office spaces. Such facilities shall implement social distancing,
including teleworking, as much as practicable.

b. Manufacturing, processing, distribution, and production facilities.

c. Utility facilities.

d. Job centers.

This order will remain in effect for the duration of the public health emergency
declared in Governor Evers’ Executive Order #72, or until a superseding order
is issued.

Violation or obstruction of this order is punishable by imprisonment, fines, or
both. Wis) Stat. § 252.25.

4 Bl. .
LD T[2.026
Andrea Palm (Date
Secretary-designee

State of Wisconsin
Department of Health Services

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