Govenor Tony Evers' administration issued an order Tuesday October 6th, 2020 restricting the size of crowds at indoor locations like restaurants and bars, citing a spike in COVID-19 cases that has strained hospitals across the state.

We asked Attorney Jeff Neider of Neider & Boucher, S.C. what this means for salons and this is what he shared with us.

New Health Order From State of Wisconsin

On September 22, 2020, Governor Tony Evers issued Executive Order #90 (“Order”), once again declaring a Public Health Emergency. This Order remains in place for 60 days. Under claimed authority of the Order, the State of Wisconsin Department of Public Health Services, Andrea Palm, issued Emergency Order #3, Limited Public Gatherings, effective 8:00 AM, October 8, 2020, effective through November 11, 2020 (“Health Order 3”).

As it relates to salons, Health Order 3 limits occupancy within a salon to no more than 25% of the established occupancy limits for the room or building “as established by the local municipality. Generally, these occupancy limits are set by the fire code and part of your occupancy permit. No distinction is made in this Health Order 3 between employees and guests. This Health Order 3 generally applies to all business, but it carves out businesses such as office space, manufacturing, etc.

In Dane County, this Health Order 3 reduces from 50% to 25% the occupancy limits. Prior to State Health Order 3, the Public Health Madison & Dane County (“PHMDC”) issued Emergency Order #9 Amendment, which specifically allowed salons to operate at 50% capacity as to customers and clients.

The State Health Order 3 is more restrictive than Dane County Emergency Order #9 because it limits capacity to 25%, and it appears to include employees AND customers and clients. The State Health Order 3 will control over the Dane County Emergency Order #9. As a generally rule, State mandates control over local mandates, unless the local mandates are more restrictive.

Neider & Boucher, S.C.608-661-4500

Jeff Bartzen, Attorney

October 8, 2020