Dear Lodging Member,
Following the release last evening of the State Supreme Court’s 4-3 ruling that DHS Secretary-Designee Andrea Palm’s Emergency Order #28 extending the Safer at Home requirements to May 26 are not legally authorized and therefore are no longer in effect, a few more pieces of information have come out:
- Governor Tony Evers, Assembly Speaker Robin Vos, and Senate Majority Leader Scott Fitzgerald met this morning to explore common ground on a potential Rule change that could be advanced. The process, which the Supreme Court said is what should have occurred to make Order #28' contents legally viable, would require the state DHS to file an “Emergency Rule”, which would require the state legislature’s Committee on Rules to approve, making it critical that all 3 parties would agree to the terms up front. Emergency Rules are used on occasion by state agencies and allow, within certain parameters, for actions needed for public safety or other critical reasons, to proceed faster than going through a more lengthy bills process, and yet require support from both the agency (administrative branch) and a Committee (legislative branch) in order to go into effect.
- This afternoon the state DHS filed a ““Statement of Scope” which is the first step in filing an Emergency Rule, noting the reasons for needing to file such a Rule. This sets the stage for the more formal development and submission of the Emergency Rule, however this will still require the legislature’s Committee on Rules to eventually approve what the DHS will officially submit. It does reflect their intent to move forward under the rules process.
- In the meantime, with only 12 days remaining until the Order’s May 26 planned expiration date, there is no state regulation, and while some attorneys feel that local and county government’s health agencies do not have the authority to impose similar rules, it would take longer to legally challenge this authority and get a ruling that could possibly stop it, so it appears that lodging properties in a municipality or county with local COVID-19 Rules in place should comply with the Rules or face possible penalties or repercussions.
- To date, we are aware of COVID-19 public health Rules in Brown County, Dane County, LaCrosse City and County, Milwaukee City & County plus Milwaukee County Suburbs, City of Racine, and Kenosha County, but there are likely many others. You may want to seek clarification if your city or county has adopted Rules on COVID-19.
- Areas without local or county Rules are strongly encouraged to look at the COVID-19 data in their area, and follow as best possible the guidelines available below.
Guidelines/Resources for Returning to Business
- AH&LA’s Safe Stay Protocols
- State WEDC Lodging Guidance State WEDC Lodging Guidance
- The just- released Wisconsin Safety Council's Returning to Work Steps
- Information from the Centers for Disease Control (CDC website)
- White House’s Opening Up America Again
- Fisher-Phillips Back to Business Checklist
The WH&LA is developing a more extensive list of resources on returning to business that should be available next week, but we wanted to get the above to you right away in the interim as you consider your timing and method of returning that is best for your property.
Tomorrow the Wisconsin Safety Council will be having a free webinar on their new Returning to Work : 8 Steps to Employee Safety at 10:00 am.
Registration
is required.
Stay well,
Trisha
