Can Your Business Continue to Operate Under Wisconsin's "Safer at Home" Order?

On March 24, 2020, Governor Tony Evers released the Wisconsin “Safer at Home” Order. The Order creates exemptions that allow citizens to leave their homes for the following:

  • Essential Activities
  • Essential Governmental Function
  • Minimum Basic Operations
  • Essential Travel
  • Special Situations

To see the full order, visit: https://evers.wi.gov/Documents/COVID19/EMO12-SaferAtHome.pdf

Wisconsin Businesses and the “Safer at Home” Order

As it relates to businesses, there are two exemptions to the Order: “Essential Business and Operations” and “Essential Infrastructure.” All businesses that qualify for the exemptions are required to meet Social Distancing requirements.

Essential Business and Operations:

  • CISA List  - any business or worker identified in the U.S.D.H.S. Cybersecurity & Infrastructure Security Agency (CISA) memorandum.
  • Stores that sell groceries and medicine
  • Food and beverage production, transport, and agriculture
  • Restaurants – Only for food take-out or delivery service
  • Bars, breweries, brewpubs, wineries, distilleries, and alcohol beverage retailers – Only for carryout sales
  • Child care settings
  • Organizations that provide charitable and social services
  • Weddings, funerals, and religious entities - gathering shall include fewer than 10 people in a room at a time
  • Funeral establishments - gathering shall include fewer than 10 people in a room at a time
  • Media
  • Gas stations and businesses needed for transportation
  • Financial institutions and services
  • Hardware and supplies stores
  • Critical trades
  • Mail, post, shipping, logistics, delivery, and pick-up services
  • Laundry services
  • Supplies to work from home
  • Supplies for essential businesses and operations and essential Governmental functions
  • Transportation
  • Home-based care and services
  • Professional services
  • Manufacture, distribution, and supply chain for critical products and industries
  • Critical labor union functions
  • Hotels and motels
  • Higher educational institutions
  • WEDC designated businesses (If a business is not listed but believes that it should be included in that designation, the business should consult the information page on the WEDC website: www.wedc.org/essentialbusiness)

Essential Infrastructure

For purposes of Governor Evers’ Order, individuals may leave their residence to provide any services or perform any work necessary to offer, provide, operate, maintain, and repair Essential Infrastructure.

Per the Governor’s Order, “Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.”

For a non-exhaustive list of Essential Infrastructure, see the Order on the attached link: https://evers.wi.gov/Documents/COVID19/EMO12-SaferAtHome.pdf

For questions related to you or your business as it relates to Safer at Home, please contact the lawyers at Murphy Desmond S.C. at 608.257.7181 or email us at email@murphydesmond.com.

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