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,
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
Neider & Boucher, S.C.608-661-4500
Jeff Bartzen, Attorney
October 8, 2020