MILWAUKEE, WI — Citing pressures on local businesses and constitutional rights, five Wisconsin county sheriffs have gone on the record pushing back on the extension of Gov. Tony Evers’ “safer at home” order that was enacted to slow the spread of the new coronavirus.
Wisconsin’s “safer at home” order was extended through May 26. and public and private K-12 schools will be closed for the remainder of the 2019-20 school year.
Sheriff’s officials in the following five Wisconsin counties said they’re either not going to enforce the order or are urging Evers to make changes to it in order to allow a raft of local businesses to reopen.
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Dodge County
Dodge County Sheriff Dale J. Schmidt is urging the governor to re-evaluate the “safer at home” extension order and to reopen the state’s economy. In a column posted over the weekend, Schmidt carefully drew a line between protecting the public and following the state order, citing constitutional concerns as they pertain to citizen rights.
“Governor Evers, I am formally requesting that you re-evaluate your safer at home order and begin gradually re-opening our economy,” Schmidt wrote. “I implore that you keep our citizens safe while also beginning to open up our economy. Also, immediately end those orders that infringe on the constitutional rights afforded to our citizens.”
In his column, Schmidt implied that aspects of the “safer at home” order may be unconstitutional, and that he will base his department’s enforcement actions on that implication.
“I have been in contact with our state representatives and leaders throughout this pandemic, and I will continue to do everything I can to protect our citizens both from the COVID-19 virus as well as from orders that may be unconstitutional. However, it is crucial that we begin to open up our economy for the safety of our citizens who need to provide for their families and pay bills,” Schmidt said.
Polk County
Polk County Sheriff Brent Waak said he’s taking a “commonsense” approach to the governor’s “safer at home” order, saying that its extension into late May was an overreach.
“I believe the extension of the safer at home order that was set to expire on April 24, 2020, is an overreach of the State Government,” he said in a statement. “As your Sheriff, I have taken an Oath to uphold the Constitution of the United States and the State of Wisconsin. I have always respected the civil liberties of the citizens of Polk County.”
Waak said he believes “most Polk County businesses can safely operate with some protective measures in place such as social distancing and protective equipment for staff and patrons.”
Racine County
Racine County Sheriff Christopher Schmaling said his department will no longer enforce the “safer at home” order, saying that deputies will now “leave the enforcement of public health orders to the health department experts.”
In a statement issued this week, Schmaling said he would not enforce laws that harm local businesses, nor could he take an active role in restricting freedoms granted citizens in the Constitution.
“The overreaching measures taken by State government will have dire lifetime consequences for businesses, homeowners and families,” he stated. “I took an oath to uphold the constitutional rights of our citizens, and I cannot in good faith participate in the destruction of Racine County businesses or interfere in the freedoms granted to all of us by our Constitution.”
Shawano County
Shawano County Sheriff Adam J. Bieber is calling on the governor to make big changes to the “safer at home” order. ” I would urge you to modify your order and allow businesses and people to go about their business, encouraging them to take precautions for their own well-being but not threatening them with fines or imprisonment,” he wrote this week.
In a statement, Bieber implied there were constitutional issues with the “safer at home” order, and would not enforce laws that infringe on people’s rights.
“Wisconsin state law has provided you (Governor) the authority to design and enforce measures to protect the public during a health crisis. I have taken an Oath to uphold our State and National Constitution. State law should never encroach the Constitutional rights of the American People which protect against Government overreach. I will not enforce rules or laws that infringe on the Constitutional rights of our Citizens,” Bieber wrote.
Washington County
Washington County Administrator Josh Schoemann said the governor’s “safer at home” order “pushes the envelope on our constitutional rights and civil liberties.” Schoemann said in a statement March 24 that nobody would be cited or arrested unless they were “blatantly ignoring the spirit of the order.”
Schoemann relayed that Sheriff Martin Schulteis will respect citizens’ rights just as they had before the “safer at home” order.
“I think they have come up with a very, very careful plan that both protects those individuals that are most vulnerable, but also protecting the rights of those individuals who need to provide for their families,” Schulteis said in a FOX 6 report.
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