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Judge tosses Wisconsin city's coronavirus restrictions as unconstitutional
The Hill ^ | July 1st | BY ZACK BUDRYK

Posted on 07/01/2020 6:33:28 PM PDT by RandFan

A Racine, Wisc., judge ruled Wednesday that the city’s coronavirus safety ordinance was too broad for citizens to understand and violated the state’s constitution, the Milwaukee Journal-Sentinel reported.

Racine County Circuit Judge Jon Fredrickson wrote that the order was “likely the strictest, and most over-arching COVID-19 order or ordinance in the country," adding "This court finds that no average person of ordinary intelligence can make sense of its sprawling breadth."

The city has appealed the decision, the latest of several against the city by Frederickson, who then-Gov. Scott Walker (R) appointed in 2018. Frederickson said the city’s limitation on mass gatherings "abridges the rights of the citizens of Racine, and anyone visiting, to peaceably assemble, consult for the common good, or to petition the government,” according to the newspaper.

Frederickson had earlier blocked an order by public health administrator Dottie-Kay Bowersox, leading the city council to pass an ordinance authorizing her to adjust her order at her discretion, the Journal-Sentinel reported. His decision Wednesday did not explicitly outline what powers he believes Bowersox legally has.

Racine Mayor Cory Mason (D) called Frederickson a “right-wing activist judge” in a statement.

"Twenty-five city residents have died from this virus [and] I hope no one else will die because of Judge Fredrickson’s judicial activism,” Mason said.

Wisconsin’s state Supreme Court, meanwhile, earlier this month voted 4-3 to throw out Gov. Tony Evers’ (R) statewide stay-at-home order after Republican lawmakers sued, forcing Evers to develop an alternate plan with the legislature. Evers said following the decision that he would not seek to develop such a plan and instead leave it to local officials.

“The Republicans have made it very clear that they don't believe a statewide approach is the right way to go at this point in time, and they also don't believe any restrictions are advisable at this time,” Evers told reporters in May.

Wisconsin has more than 32,000 total cases of the virus and about 800 deaths from the virus as of Wednesday.


TOPICS: News/Current Events; US: Wisconsin
KEYWORDS: corona; corymason; covid19; dottiekaybowersox; jonfredrickson; judiciary; politicaljudiciary; racine; racinecounty; scottwalker; tonyevers; wi; wisconsin

1 posted on 07/01/2020 6:33:28 PM PDT by RandFan
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To: RandFan

Unless they plan to break up any future “protests” by force and then actually do so, there is no way they should be allowed to re-impose them under equal protection.


2 posted on 07/01/2020 6:35:50 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: RandFan

I wonder how many of the 25 residents who died lived in nursing homes.


3 posted on 07/01/2020 6:39:57 PM PDT by kabar
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To: Spktyr

Yes. The whole thing is a farce.

Nice to see Walker actually did something good with this judicial appointment ...


4 posted on 07/01/2020 6:40:16 PM PDT by RandFan (3C)
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To: RandFan

The issue of whether or not the restrictions are a good idea is irrelevant to the legal determination of whether or not they are lawful.


5 posted on 07/01/2020 6:49:26 PM PDT by Bruce Campbells Chin
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To: RandFan

Umm, Tony Evers isn’t a Republican.


6 posted on 07/01/2020 6:53:06 PM PDT by Mr. Lucky
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To: Mr. Lucky

They need to correct that...


7 posted on 07/01/2020 6:54:00 PM PDT by RandFan (3C)
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To: RandFan

Amen I say!


8 posted on 07/01/2020 7:00:50 PM PDT by yldstrk (Bingo! We have a winner!)
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To: RandFan

Good!


9 posted on 07/01/2020 7:08:35 PM PDT by fortheDeclaration
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To: RandFan
Wisconsin has more than 32,000 total cases of the virus and about 800 deaths from the virus as of Wednesday.

Wisconsin reports only 135 deaths per 100,000, and is the bottom half in that rating, less than even Nebraska, and far far less than the leaders (New Jersey #1 at 1,713 DPM).

10 posted on 07/02/2020 2:47:21 AM PDT by daniel1212 (Trust the risen Lord Jesus to save you as a damned and destitute sinner + be baptized + follow Him)
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To: RandFan

Correction, that is only 135 deaths per million, not 100k.


11 posted on 07/02/2020 2:49:09 AM PDT by daniel1212 (Trust the risen Lord Jesus to save you as a damned and destitute sinner + be baptized + follow Him)
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To: Mr. Lucky
Wisconsin’s state Supreme Court, meanwhile, earlier this month voted 4-3 to throw out Gov. Tony Evers’s (D) statewide stay-at-home order after Republican lawmakers sued, forcing Evers to develop an alternate plan with the legislature.

Apparently Zack Budryk got busy over the evening correcting his faux pas . . .
12 posted on 07/02/2020 4:15:51 AM PDT by BraveMan
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To: BraveMan

Facts. Reporters don’t let them stand in the way of a good story.


13 posted on 07/02/2020 5:53:21 AM PDT by Mr. Lucky
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