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Judge denies temporary injunction to block Dane Co. health order

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Published: May. 3, 2021 at 4:09 PM CDT
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MADISON, Wis. (WMTV) - A Dane Co. judge rejected an attempt to end the county’s emergency health order temporarily while the fate of the order, which includes the mask requirement and limits on gatherings, is being decided.

On Monday, Judge Jacob Frost denied the motion for a temporary injunction sought by the plaintiffs suing to end the order. The lawsuit was filed in January by Jeffrey Becker and Andrea Klein and is being supported by the conservative group Wisconsin Institute for Law & Liberty.

A Leap Above Dance Studio, which had been the target of a multi-thousand dollar fine by the county, later joined the case.

At the time the lawsuit was filed, indoor gatherings in Dane Co. were capped at 10 people, if masks were worn and physical distancing guidelines followed. Outdoors, up to 50 people were allowed to gather; half of that if food or drink were served.

Several new emergency orders have been issued since that time, with the most recent allowing 350 people to attend indoor gatherings if food or drink are served and up to 500 if it isn’t – provided everyone has room to socially distance. There is no limit on outdoor gatherings except that the host must offer room for social distancing.

While the emergency order survived the injunction motion, the case will continue with both sides expected to provide responses in the coming weeks.

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