Master Archive Emergency Order 12

Date: 2020-03-26

Summary

Exhibit 3, filed March 26, 2020 as Document 54-3 in Case 3:20-cv-00249-wmc, is Emergency Order #12, the Safer at Home Order of the Wisconsin Department of Health Services. Secretary-designee Andrea Palm issues it at the direction of Governor Tony Evers under Wis. Stat. § 252.02(3) and (6) and Executive Order #72. It orders individuals to stay at home except for defined essential activities, governmental functions, businesses and travel, requires non-essential businesses to cease activities at Wisconsin facilities, and prohibits gatherings outside a single household. It closes schools, public libraries, places of public amusement and salons, and defines essential operations. Violations are punishable by up to 30 days imprisonment or a $250 fine under Wis. Stat. § 252.25, and the order runs from March 25, 2020 to April 24, 2020.

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Cite this document

“Master Archive Emergency Order 12.” Original at archive.org, dated 2020-03-26. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wiwd-45522-54-3-369f7cb064/, SHA-256 c07b5f9cdcb20ae304e14da75cbf17d0c9a9d2dda16540d981bf00d415b94e39.

Full text

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Exhibit 3

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State of Wisconsin
Department of Health Services
Tony Evers, Governor
Andrea Palm, Secreta1y

EMERGENCY ORDER #12
SAFER AT HOME ORDER

WHEREAS, in December, 2019, a novel strain of the coronavirus was
detected, now named COVID-19, and it has spread throughout the world,
including every state in the United States;

WHEREAS, on January 30, 2020, the World Health Organization
declared COVID-19 to be a Public Health Emergency of International Concern;

WHEREAS, on March 12, 2020, Governor Tony Evers declared a public
health emergency to direct all resources needed to respond to and contain
COVID-19 in Wisconsin;

WHEREAS, Governor Evers designated the Department of Health
Services as the lead agency to respond to the emergency and directed the
Department to take all necessary and appropriate measures to prevent and
respond to incidents of COVID-19 in Wisconsin;

WHEREAS, on March 13, 2020, President Donald Trump proclaimed a
National Emergency concerning COVID-19;

WHEREAS, as of March 23, 2020, 332,930 people around the world have
tested positive for COVID-19, including 33,404 in the United States and 416 in
Wisconsin;

WHEREAS, as of March 23, 2020, within the past 72 hours, positive
COVID-19 cases have risen in the United States from 15,219 to 33,404 (119%
increase) and have risen in Wisconsin from 206 to 416 (102% increase). Five
Wisconsinites have passed away as a result of COVID-19. Public health officials
estimate that the actual number of Wisconsinites infected with COVID-19 is
significantly higher and likely present in every county in the state;

WHEREAS, at the current growth in the number of people infected, the
number of people needing medical care due to COVID-19 will significantly
exceed the amount of available healthcare resources;

WHEREAS, the entire State of Wisconsin - including residents,
businesses, community organizations, and government- need to take all
possible actions to reduce further spread of COVID-19 to save lives;

1 West Wilson Street • Post Office Box 7850 • Madison, W1 53707-7850 • Telephone 608-266-9622 •
www.dhs.wisconsin.gov
Protecting mu/ promoting the health and safety of the people of Wisconsin

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WHEREAS, social distancing - the practice of keeping at least six feet
apart from others and avoiding direct physical contact - is the only effective
means of slowing the rate of infection. Despite prior emergency orders banning
mass gatherings, the rates of infection continue to drastically increase,
necessitating additional measures to slow the rate of infection and save lives;
and

WHEREAS, this is a critical moment in Wisconsin and we must all do
our part to cease non-essential travel, business, and social interactions;

NOW THEREFORE, under the authority of Wis. Stat. § 252.02(3) and (6)
and all powers vested in me through Executive Order #72, and at the direction
of Governor Tony Evers, I, Andrea Palm, Secretary-designee of the Wisconsin
Department of Health Services, order the following:

1. Stay at home or place of residence. All individuals present within the
State of Wisconsin are ordered to stay at home or at their place of
residence, with exceptions outlined below. To the extent individuals are
using shared or outdoor spaces other than their home or residence,
they must at all times as reasonably possible maintain social distancing
of at least six (6) feet from any other person consistent with Social
Distancing Requirements as defined below, except that they do not need
to maintain social distancing between family members in a single living
unit or household members. All persons may leave their homes or
residences only for the following functions as are defined in this Order:

a. Essential Activities (defined in section 11);
b. Essential Governmental Functions (defined in section 12);
c. To operate Essential Businesses and Operations (defined in
section 13);
d. To perform non-essential Minimum Basic Operations (defined
in section 14);
e. Essential Travel (defined in section 15); and
f. Special Situations (defined in section 8, 9, and 10).

Individuals experiencing homelessness are exempt from this Section,
but are strongly urged to obtain shelter. Governmental and other
entities are strongly urged to make such shelter available as soon as
possible to the maximum extent practicable and to follow the Wisconsin
Department of Health Services (DHS) and the U.S. Centers for Disease
Control and Prevention (CDC) guidance on COVID-19 risk mitigation
practices.

Individuals whose homes or residences are unsafe or become unsafe,
such as victims of domestic violence, are permitted and urged to leave
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their home and stay at a safe alternative location. For purposes of this
Order, homes or residences include hotels, motels, shared rental units,
dormitories, shelters, and similar facilities.

2. Non-essential business and operations must cease. All for-profit and
non-profit businesses with a facility in Wisconsin, except Essential
Businesses and Operations as defined below, are required to cease all
activities at facilities located within Wisconsin, except:

a. Minimum Basic Operations, as defined below, and
b. Any operations consisting exclusively of employees or
contractors performing activities at their own home or
residences (i.e., working from home).

All businesses, including Essential Businesses and Operations, shall, to
the greatest extent possible, use technology to avoid meeting in person,
including virtual meetings, teleconference, and remote work (i.e., work
from home). Businesses may not engage in door-to-door solicitation,
regardless of its purpose or status as an Essential Business or
Operation.

All Essential Businesses and Operations are encouraged to remain
open. To the greatest extent feasible, Essential Businesses and
Operations shall comply with Social Distancing Requirements as
defined in this Order; in doing so, Essential Businesses and Operations
shall, to the greatest extent possible, ensure that both employees and
members of the public are maintaining six-foot social distancing,
including but not limited to when any customers are standing in line.

3. Prohibited activities. All public and private gatherings of any number
of people that are not part of a single household or living unit are
prohibited, except for the limited purposes expressly permitted in this
Order. Nothing in this Order prohibits the gathering of members of a
single household or living unit. Landlords or rental property managers
shall avoid entering leased residential premises unless emergency
maintenance is required.

4. Closures. All of the following facilities shall be closed:

a. Public and private K-12 schools and public libraries. Except
for facilitating distance learning or virtual learning, public and
private K-12 schools are closed for pupil instruction and
extracurricular activities. Libraries shall close for all in-person
services, but may continue to provide on-line services and
programming. Schools and public libraries may be used for
Essential Government Functions and food distribution. This
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section does not apply to facilities operated by the Wisconsin
Department of Corrections or the Department of Military Affairs
including the Challenge Academy.

b. Places of public amusement and activity. Whether indoors or
outdoors, including but not limited to amusement parks,
carnivals, water parks, licensed public or private swimming
pools, splash pads, aquariums, zoos, museums, arcades, fairs,
children's play centers, playgrounds, funplexes, theme parks,
bowling alleys, movie and other theaters, concert and music
halls, country clubs, social clubs, and gyms and fitness centers.

c. Salons and spas. This includes, but is not limited to, hair
salons, barber shops, nail salons, day spas, electrolysis
providers, waxing salons, eyebrow-care establishments, tattoo
parlors, body art establishments, and tanning facilities.

5. Prohibited and permitted travel. All forms of travel are prohibited,
except for Essential Travel as defined in this Order. Individuals riding
on public transit must comply with Social Distancing Requirements to
the greatest extent possible.

6. Follow DHS and CDC guidelines. When taking any action permitted
under this Order, all individuals, organizations, government bodies, and
any other permitted group of individuals shall, to the extent possible,
follow DHS guidelines located here:
https://www.dhs.wisconsin.gov/ covid-19 /index.htm.

All Essential Businesses and Operations and all businesses performing
Minimum Basic Operations shall comply with DHS guidelines for
businesses located here: https://www.dhs.wisconsin.gov/ covid-
19 / employers.htm.

7. Elderly people and those who are vulnerable as a result of
underlying health conditions should take additional precautions.
People at high risk of severe illness from COVID-19 and people who are
sick are urged to stay in their home or residence to the extent possible
except as necessary to seek medical care. Nothing in this Order
prevents DHS and local health officials from issuing and enforcing
isolation and quarantine orders pursuant to Wis. Stat. ch. 252 and
local ordinances.

SPECIAL SITUATIONS

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8. Healthcare and Public Health Operations. For purposes of this Order,
individuals may leave their residence to work for or obtain services at
any Healthcare and Public Health Operations.

Healthcare and Public Health Operations includes, but is not limited to:
hospitals; medical facilities; clinics; ambulatory surgery centers for
response to urgent health issues or related COVID-19 activities;
manufacturers, technicians, logistics, and warehouse operators and
distributors of medical equipment, personal protective equipment (PPE),
medical gases, pharmaceuticals, blood and blood products, vaccines,
testing materials, laboratory supplies, cleaning, sanitizing disinfecting
or sterilization supplies, and tissue and paper towel products; dental
offices; pharmacies; public health entities, including those that
compile, model, analyze, and communicate public health information;
pharmaceutical, pharmacy, medical device and equipment, and
biotechnology companies (including operations, research and
development, manufacture, and supply chain); healthcare information
technology companies; organizations collecting blood, platelets, plasma,
and other necessary materials; obstetricians, gynecologists, and
midwife practices; eye care centers, including those that sell glasses
and contact lenses; home health agencies and providers; mental health
and substance abuse providers; detoxification and alcohol or drug
treatment programs and facilities; syringe access programs, and
naloxone distribution programs; other healthcare facilities and
suppliers and providers of any related or any ancillary healthcare
services; entities that transport and dispose of medical materials and
remains; personal care agencies; hospices; allied health providers;
acupuncturists; massage therapists; chiropractors; and adult family
homes.

Specifically included in Healthcare and Public Health Operations are
manufacturers, technicians, logistics, and warehouse operators and
distributors of medical equipment, personal protective equipment (PPE),
medical gases, pharmaceuticals, blood and blood products, vaccines,
testing materials, laboratory supplies, cleaning, sanitizing disinfecting
or sterilization supplies, and tissue and paper towel products.

Healthcare and Public Health Operations also includes veterinary care
and all healthcare services provided to animals. Non-essential
veterinary care should be avoided.

Cafeterias and food service in health care facilities may remain open for
staff and authorized visitors only, subject to the following restrictions:

a. Self-service operations of salad bars, beverages stations, and
buffets are prohibited.
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b. Customers are prohibited from self-dispensing any
unpackaged food or beverage.
c. Customers and staff shall comply with Social Distancing
Requirements, including in seating areas and lines.

Healthcare and Public Health Operations shall be broadly construed to
avoid any impediments to the delivery of healthcare, broadly defined.
Healthcare and Public Health Operations does not include fitness and
exercise gyms, hair salons, barber shops, nail salons, day spas,
electrolysis providers, tattoo parlors, body art establishments, tanning
facilities, and similar facilities.

9. Human Service Operations. For purposes of this Order, individuals
may leave their residence to work for or obtain services at any state,
institutional, or community-based setting providing human services to
the public.

Human Service Operations includes, but is not limited to: long-term
care and assisted living facilities, as long as the facility follows all
current DHS Recommendations for Prevention of COVID-19 in Long-
Term Facilities and Assisted Living Facilities and all applicable U.S.
Centers for Disease Control Recommendations; residential settings and
shelters for adults, seniors, children, victims of domestic abuse, people
with disabilities, people with substance use disorders, or mental illness;
transitional facilities; home-based settings to provide services to
individuals with physical, intellectual, or developmental disabilities,
seniors, adults, or children; adult day care, adult day services, and
supportive home care; field offices that provide and help to determine
eligibility for basic needs including food, cash assistance, medical
coverage, vocational services, or rehabilitation services; developmental
centers; adoption agencies; businesses that provide food, shelter, social
services, or other necessities of life for economically disadvantaged
individuals, individuals with physical, intellectual, or developmental
disabilities, or otherwise needy individuals.

Human Services Operations shall be construed broadly to avoid any
impacts to the delivery of human services, broadly defined.

10. Essential Infrastructure. For purposes of this Order, individuals may
leave their residence to provide any services or perform any work
necessary to offer, provide, operate, maintain, and repair Essential
Infrastructure.

Essential Infrastructure includes, but is not limited to: food production,
distribution, fulfillment centers, storage facilities, marinas, and sales;
construction (including, but not limited to, construction required in
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response to this public health emergency, hospital construction,
construction of long-term care and assisted living facilities, public
works construction, school construction, Essential Business and
Operations construction, construction necessary for Essential
Governmental Functions, and housing construction, except that
optional or aesthetic construction should be avoided); building
management and maintenance; airport operations; operation and
maintenance of utilities, including water, sewer, gas, and electric
(including power generation, distribution, production of raw materials,
and Wisconsin Department of Natural Resources-certified and
registered drinking water and wastewater testing laboratories);
Wisconsin Home Energy Assistance, Low Income Home Energy
Assistance Program, and Public Benefits Energy Assistance Program
offices, customer service centers, and public intake centers;
distribution centers; oil and biofuel refining; roads, highways, railroads,
and public transportation; ports; cybersecurity operations; flood
control; solid waste and recycling collection and removal; and internet,
video, and telecommunications systems (including the provision of
essential global, national, and local infrastructure for computing
services, business infrastructure, communications, and web-based
services).

Essential Infrastructure shall be construed broadly to avoid any
impacts to essential infrastructure, broadly defined.

DEFINITIONS
11. Essential Activities. Individuals may leave their home or residence to
perform any of the following:

a. Health and safety. To engage in activities or perform tasks
essential to their health and safety, or to the health and safety
of their family or household members, including pets, such as,
by way of example only and without limitation, obtaining
medical supplies or medication, seeking emergency services, or
visiting a health care or behavior health care professional.
Individuals should rely on telehealth options whenever feasible.

b. Necessary supplies and services. To obtain necessary services
or supplies for themselves and their family or household
members, or to deliver those services or supplies to others, such
as, by way of example only and without limitation: canned food,
dry goods, fresh fruits and vegetables, gasoline, propane, pet
supply, fresh meats, fish, and poultry, and any other household
consumer products, and products necessary to maintain the
safety, sanitation, and essential operation of residences.

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c. Outdoor activity. To engage in outdoor activity, including
visiting public and state parks, provided individuals comply
with Social Distancing Requirements as defined below. Such
activities include, by way of example and without limitation,
walking, biking, hiking, or running. Individuals may not engage
in team or contact sports such as by way of example and
without limitation, basketball, ultimate frisbee, soccer, or
football, as these activities do not comply with Social Distancing
Requirements. Playgrounds are closed.

d. Certain types of work. To perform work at Essential
Businesses or Operations or to otherwise carry out activities
specifically permitted in this Order, including Minimum Basic
Operations and obtaining supplies needed to work from home.

e. Take care of others. To care for a family member, friend, or pet
in another household, and to transport family members,
friends, or pets as allowed in this Order.

12. Essential Governmental Functions. Essential Governmental
Functions means all services provided by the State, tribal, or local
governments needed to ensure the continuing operation of the
government body and provide and support the health, safety, and
welfare of the public. Each government body shall determine its
Essential Government Function, if any, and identify employees and
contractors necessary to the performance of those functions.

For purposes of this Order, all paid or volunteer first responders
including law enforcement, EMS, and firefighters; first responder
training academies; building inspectors; emergency management
personnel; emergency dispatchers; court personnel, jurors and grand
jurors; corrections personnel; hazardous materials responders; child
protection and child welfare personnel; housing and shelter personnel;
National Guard and military; and others working for or to support
Essential Businesses and Operations are categorically exempt from this
Order.

This section does not limit the ability or authority of the Wisconsin
Supreme Court to use its constitutional supervisory authority over
lower courts to limit or adjust court functions in response to the Public
Health Emergency. This section does not limit the ability or authority of
the Wisconsin Legislature to meet or conduct business.

Government bodies should continue to follow the Wisconsin
Department of Justice's Office of Open Government guidance regarding

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holding government meetings, and should consult directly with that
office regarding specific open meetings questions . The guidance is
available here: https: //www.doj.state.wi.us/news-releases/ office-open-
government-advisory-additional-information-regarding-covid-19-and-
open . Government bodies with additional questions about open
meetings requirements should consult with the Wisconsin Department
of Justice's Office of Open Government.

13. Essential Businesses and Operations. All entities described in this
section shall meet Social Distancing Requirements between all
individuals on the premises to the extent possible. Essential Businesses
and Operations shall, to the greatest extent possible, use technology to
avoid meeting in person, including virtual meetings, teleconference, and
remote work (i.e., work from home). For the purposes of this Order,
Essential Businesses and Operations means Healthcare and Public
Health Operations, Human Services Operations, Essential
Infrastructure, and Essential Governmental Functions, and the
following:

a. CISA List. Any business or worker identified in the U.S.
Department of Homeland Security, Cybersecurity &
Infrastructure Security Agency (CISA), Memorandum on
Identification of Essential Critical Infrastructure Workers During
COVID-19 Response, updated March 23, 2020, and any
subsequent versions of this Memorandum.

b. Stores that sell groceries and medicine. Grocery stores,
bakeries, pharmacies, farm and produce stands, supermarkets,
food banks and food pantries, convenience stores, and other
establishments engaged in the retail sale of groceries, canned
food, dry goods, frozen foods, fresh fruits and vegetables, pet
supply, fresh meats, fish, poultry, prepared food, alcoholic and
non-alcoholic beverages, and any other household consumer
products (such as cleaning and personal care products). Such
establishments shall:

1. Close all seating intended for consuming food.
11. Cease any self-service operations of salad bars, beverage
stations, and buffets.
111. Except for grocery stores, prohibit customers from self-
dispensing all unpackaged food.
1v. Abide by Social Distancing Requirements.

This section should not be interpreted to provide an exemption
for businesses engaged in the sale of food or beverage ancillary

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to its primary purpose, such as those businesses required to
close under Section 4 who also may engage in some food or
beverage sales.

c. Food and beverage production, transport, and agriculture.
Food and beverage manufacturing, production, processing,
transportation, and cultivation; farming, livestock, fishing,
baking, and other production agriculture, including cultivation,
marketing, production, and distribution of animals and goods
for consumption; businesses that provide food, shelter, and
other necessities of life for animals, including animal shelters,
boarding, rescues, kennels, and adopting facilities; farm and
agriculture equipment, supplies, and repair services.

d. Restaurants. Restaurants shall close, except as follows:

1. Restaurants may remain open for food take-out or
delivery service only.
11. Alcohol sales must comply with section 13.e. below.
111. Customers may enter the above establishments only for
the purpose of ordering, pick up, and paying for food or
beverage or both.
1v. No seating may be provided.
v. Food and drink may not be consumed on premises, either
indoors or outdoors.
v1. Establishments shall meet Social Distancing
Requirements between all individuals on the premises to
the extent possible.
vu. Cease any self-service operations of salad bars, beverage
stations, and buffets.
vm. Customers are prohibited from self-dispensing any
unpackaged food or beverage.

e. Bars. This includes breweries, brewpubs, wineries, distilleries,
and alcohol beverage retailers. Such establishments shall close,
except as follows:

1. Carryout sales of alcohol beverages and food are allowed,
if permitted by state law and municipal ordinance.
11. Delivery of alcohol beverages to retail customers is
prohibited.
111. Wineries holding direct wine shippers' permits may make
deliveries of wine in accordance with their permit.

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1v. Customers may enter the above establishments only for
the purpose of ordering, pick up, and paying for food or
beverage or both.
v. No seating may be provided.
v1. Food and drink may not be consumed on premises, either
indoors or outdoors.
v11. Establishments shall meet Social Distancing
Requirements between all individuals on the premises to
the extent possible.
vm. Self-service operations of salad bars, beverage stations,
and buffets are prohibited.
1x. Customers are prohibited from self-dispensing any
unpackaged food or beverage.

f. Child care settings. Secretary-designee Andrea Palm's
Emergency Order #6 remains in effect, with the following
amendments:

1. Child care settings shall prioritize care for families as
follows:

1. Tier 1: employees, contractors, and other support
staff working in health care;
2. Tier 2: employees, contractors, and other staff in
vital areas including but not limited to military; long
term care; residential care; pharmacies; child care;
child welfare; government operations; public safety
and critical infrastructure such as sanitation,
transportation, utilities, telecommunications;
grocery and food services; supply chain operations;
and other sectors as determined by the Secretary of
the Department of Children and Families.

11. Child care settings include all licensed and certified child
care providers who may provide care for any age or ages
of children up to 13 years of age, unless specially licensed
for children with disabilities up to 19 years of age.

g. Organizations that provide charitable and social services.
Businesses and religious and secular nonprofit organizations,
including prevocational group supportive employment, food
banks and food pantries, when providing food, shelter, and
social services, and other necessities of life for economically
disadvantaged or otherwise needy individuals, individuals who
need assistance as a result of this public health emergency, and
people with disabilities.
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h. Weddings, funerals, and religious entities. Religious facilities,
entities, groups, and gatherings, and weddings and funerals,
except that any gathering shall include fewer than 10 people in
a room or confined space at a time and individuals shall adhere
to Social Distancing Requirements as much as possible.

i. Funeral establishments. Funeral establishments, as defined in
Wis. Stat. § 445.01(6), except that any gathering shall include
fewer than 10 people in a room or confined space at a time and
individuals shall adhere to Social Distancing Requirements as
much as possible.

j. Media. Newspapers, television, radio, and other media services.

k. Gas stations and businesses needed for transportation. Gas
stations; auto and motorcycle supply, repair and sales; boat
supply, repair, and sales; and bicycle supply, repair, and sales.

1. Financial institutions and services. Banks, credit unions, and
other depository or lending institutions; licensed financial
service providers; insurance services; personnel necessary to
perform essential functions at broker dealers and investment
advisor offices.

m. Hardware and supplies stores. Hardware stores and
businesses that sell electrical, plumbing, heating, and
construction material.

n. Critical trades. Building and Construction Tradesmen and
Tradeswomen, and other trades including but not limited to
plumbers, electricians, carpenters, laborers, sheet metal, iron
workers, masonry, pipe trades, fabricators, finishers,
exterminators, pesticide application, cleaning and janitorial
staff for commercial and governmental properties, security staff,
operating engineers, HVAC, painting, moving and relocation
services, forestry and arborists, and other service providers who
provide services that are necessary to maintaining the safety,
sanitation, and essential operation of residences, Essential
Activities, Essential Governmental Functions, and Essential
Businesses and Operations.

o. Mail, post, shipping, logistics, delivery, and pick-up
services. Post offices and other businesses that provide
shipping and delivery services, and businesses that ship or

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deliver groceries, food, beverages, goods or services to end users
or through commercial channels.

p. Laundry services. Laundromats, dry cleaners, industrial
laundry services, and laundry service providers.

q. Supplies to work from home. Businesses that sell,
manufacture, or supply products needed for people to work
from home.

r. Supplies for Essential Businesses and Operations and
Essential Governmental Functions. Businesses that sell,
manufacture, or supply other Essential Businesses and
Operations and Essential Governmental Functions with the
support or supplies necessary to operate, including computers;
audio and video electronics; household appliances; IT and
telecommunication equipment; hardware; paint; flat glass;
electrical, plumbing, and heating materials; construction
materials and equipment; sanitary equipment; personal hygiene
products; food, food additives, ingredients, and components;
medical and orthopedic equipment; firearm and ammunition
suppliers and retailers for purposes of safety and security;
optics and photography equipment; diagnostic; food and
beverages; chemicals; paper and paper products; soaps and
detergents.

s. Transportation. Airlines, taxis, transportation network
providers (such as Uber and Lyft), vehicle rental services,
paratransit, and other private, public, and commercial
transportation and logistics providers necessary for Essential
Activities and other purposes expressly authorized in this
Order.

t. Home-based care and services. Home-based care for seniors,
adults, children, and/ or people with disabilities, substance use
disorders, and/ or mental illness, including caregivers or
nannies who may travel to the child's home to provide care, and
other in-home services including meal delivery.

u. Professional services. Professional services, such as legal or
accounting services, insurance services, real estate services
(including appraisal, home inspection, and title services). These
services shall, to the greatest extent possible, use technology to
avoid meeting in person, including virtual meetings,
teleconference, and remote work (i.e., work from home).

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v. Manufacture, distribution, and supply chain for critical
products and industries. Manufacturing companies,
distributors, and supply chain companies producing and
supplying essential products and services in and for industries
such as pharmaceutical, technology, biotechnology, healthcare,
chemicals and sanitation, waste pickup and disposal,
agriculture, food and beverage, transportation, energy, steel and
steel products, petroleum and fuel, mining, construction,
national defense, communications, and products used by other
Essential Governmental Functions and Essential Businesses
and Operations.

w. Critical labor union functions. Essential activities include the
administration of health and welfare funds and personnel
checking on the well-being and safety of members providing
services in Essential Business and Operations, provided the
checks are done by telephone or remotely where possible.

x. Hotels and motels. Hotels and motels, except that such
establishments shall:

1. Comply with requirements of 12.b, 12.d. and 12.e.
11. Close swimming pools, hot tubs, and exercise facilities.
111. Prohibit guests from congregating in lobbies or other
common areas, including providing adequate space to
adhere to Social Distancing Requirements while queuing
for front desk services.

y. Higher educational inst it ut ions. Higher educational
institutions, for purposes of facilitating distance learning,
performing critical research, or performing essential functions
as determined by the institution.

z. WEDC designated businesses. In the exceptional circumstance
that a business is not listed in this Order as an Essential
Business or Operations but believes that it should be included
in that designation, the business should consult the information
page on the Wisconsin Economic Development Corporation
(WEDC) web site, here:
www.wedc.org/essentialbusiness. If a business still believes that
it does not fall within the meaning of Essential Businesses and
Operations, it may apply to the Wisconsin Economic
Development Corporation (WEDC) using the provided form
requesting designation as such.

Case: 3:20-cv-00249-wmc Document #: 54-3 Filed: 03/26/20 Page 16 of 17

14. Minimum Basic Operations. For the purposes of this Order, Minimum
Basic Operations include the following, provided that employees comply
with Social Distancing Requirements, to the extent possible, while
carrying out such operations:

a. The minimum necessary activities to maintain the value of the
business's inventory, preserve the condition of the business's
physical plant and equipment, ensure security, process payroll
and employee benefits, or for related functions, including where
these functions are outsourced to other entities.

b. The minimum necessary activities to facilitate employees of the
business being able to continue to work remotely from their
residences.

15. Essential Travel. Individuals engaged in any Essential Travel must
comply with Social Distancing Requirements to the extent possible. For
the purposes of this Order, Essential Travel includes:

a. Any travel related to the provision of or access to Essential
Activities, Special Situations, Essential Governmental
Functions, Essential Businesses and Operations, or Minimum
Basic Operations.

b. Travel to care for elderly, minors, dependents, persons with
disabilities, or other vulnerable persons.

c. Travel to or from educational institutions for purposes of
receiving materials for distance learning, for receiving meals, or
any other related services.

d. Travel to return to a place of residence from outside the
jurisdiction.

e. Travel required by law enforcement or court order, including to
transport children pursuant to a custody agreement.

f. Travel required for non-residents to return to their place of
residence outside Wisconsin. Individuals are strongly
encouraged to verify that their transportation out of Wisconsin
remains available and functional prior to commencing such
travel.

16. Social Distancing Requirements. For purposes of this Order, Social
Distancing Requirements includes maintaining social distancing of six
(6) feet between people; washing hands with soap and water for at least
15

Case: 3:20-cv-00249-wmc Document #: 54-3 Filed: 03/26/20 Page 17 of 17

20 seconds as frequently as possible or using hand sanitizer; covering
coughs or sneezes (into the sleeve or elbow, not hands); regularly
cleaning high-touch surfaces; not shaking hands; and following all
other public health recommendations issued by DHS and the U.S.
Centers for Disease Control.

ENFORCEMENT

17. Enforcement. This Order is enforceable by any local law enforcement
official, including county sheriffs. Violation or obstruction of this Order
is punishable by up to 30 days imprisonment, or up to $250 fine, or
both. Wis. Stat. § 252.25.

18. Severability. If any provision of this Order or its application to any
person or circumstance is held to be invalid, then the remainder of the
Order, including the application of such part or provision to other
persons or circumstances, shall not be affected and shall continue in
full force and effect. To this end, the provisions of this Order are
severable.

19. Supremacy. This Order supersedes any local order that is in conflict
with this order.

20. Duration. This Order shall become effective at 8:00 a.m. on Wednesday,
March 25, 2020 and will remain in effect until 8:00 a.m. on Friday,
; April 24, 2020, or until a superseding order is issued.

Secretary-designee
Department of Health Services
State of Wisconsin

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Master Archive Emergency Order 12

Summary

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