Gymfinity v. Dane County
On November 17, one week before Thanksgiving, the Dane County Health Department issued a new health order that, among other things, banned all indoor gatherings, even in private homes, and banned all indoor sports-related activities, effectively shutting down many such businesses. This order was enabled by certain Dane County and Madison ordinances that unlawfully delegate near limitless law-making authority to the health department, authority that, we argue, can only be exercised by the Dane County Board and Madison City Council. On behalf of a gymnastics gymnasium and two Dane County residents, we filed an original action in the Wisconsin Supreme Court, asking the Court to enjoin the most egregious portions of the Order and to hold that the underlying ordinances violate the non-delegation doctrine. We are currently awaiting the Court’s decision whether to take the case.