Rock County Administrator Josh Smith said the dismissal of a federal lawsuit challenging local safer-at-home orders does not change how the county is handling the coronavirus pandemic.
A federal judge Monday dismissed a lawsuit claiming health officers from across the state infringed on people’s rights when issuing local safer-at-home orders. The judge said those filing the suit did not properly join all defendants into one lawsuit, according to The Associated Press.
Rock County Health Officer Marie-Noel Sandoval was one of 14 officials named in the lawsuit along with members of the state Elections Commission.
Smith said the county maintains that Sandoval has the authority to issue public health orders such as the countywide safer-at-home order that lasted from May 13-21.
Gov. Tony Evers and Andrea Palm, secretary designee of the state Department of Health Services, on March 24 issued a statewide safer-at-home order closing all businesses deemed “nonessential” and instructing people to stay home except for necessary functions.
The state Supreme Court struck down that order May 13.
Later that night, Sandoval issued a countywide safer-at-home order, which lasted until the order was lifted about a week later.
The lawsuit was filed in U.S. District Court in Green Bay on May 20.
Sandoval has not issued any health orders since the safer-at-home order. Smith said that is not because of the lawsuit.
The 69 could not reach Sandoval for comment by press time.
“We are always concerned about liability, but it cannot drive decision-making when we need to focus on public health outcomes,” Smith said.
In a previous interview with The 69, Smith said the county prefers encouraging people to wear masks and social distance because it is the right thing to do rather than enforcing an order.
“We have been looking at numbers and the science and looking at taking steps short of orders to get people to participate in distancing and mask-wearing,” Smith said.
Dane County and the city of Milwaukee have issued mask ordinances. Janesville officials have said they cannot enact a citywide ordinance because the city does not have a health officer or operate a health department.
U.S. District Judge William Griesbach said plaintiffs in the lawsuit could correct their errors and refile the suit.
The attorney representing the plaintiffs said he was reviewing whether to refile or appeal, according to the AP.
Smith said it is hard to predict whether the lawsuit will be brought back to court.
The dismissal was “welcome news” for the county because officials believe Sandoval did nothing wrong, he said.
There are currently 345 confirmed and active cases of the coronavirus in Rock County.
Since March, Rock County has seen 1,200 total confirmed cases, and 25 people have died.
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