Governor withdraws proposed rule to replace Safer at Home

By Patrick Lynn

Gov. Tony Evers on Monday withdrew a proposed rule to replace the defunct Safer at Home order.

Evers pulled his seven-page Statement of Scope on Monday, telling reporters in a conference call that “it just doesn’t make any sense to spend a lot of time doing something we know isn’t going to be successful.”

Evers had previously approved the Statement, penned by the Department of Health Services, last Thursday, saying it was the beginning of the process of creating new administrative rule-making authority for the DHS during a public health emergency, allowing it to issue social distancing orders without permission from the Legislature.

But the Statement had already drawn fire from the Legislature’s Joint Committee on the Review of Administrative Rules, with co-chair Sen. Steve Nass (R-Whitewater) advising Evers to withdraw.

“DHS is needlessly creating a political fight that does nothing to move the state forward on the legal and proper path of fighting COVID-19,” Nass wrote in a statement to the press.

Evers issued a month-long statewide stay-at-home order in March. DHS Secretary-designee Andrea Palm in April extended the order to May 26, but the Wisconsin Supreme Court ruled on May 13 that Palm exceeded her authority.

The ruling immediately allowed nonessential businesses to reopen. Republication Legislators who fought to oppose to Safer at Home extension have yet to provide a new plan for the state to deal with the coronavirus, leaving restrictions and guidelines up to individual cities and counties.

“The Republicans made it very clear they don’t believe a statewide approach is the right way to go at this point in time,” Evers said.