July 5, 2020

Volume X, Number 187

July 03, 2020

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Governor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail

On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the store be from the outside and not from a mall or an interconnected passage.

Stores must limit the number of customers to no more than five at any given time. The language of the Order infers that businesses may have more than one employee working, but businesses are encouraged to restrict the number of staff to only what is necessary.

Additionally, social distancing requirements, such as maintaining six feet of distance, must be maintained. If social distancing requirements cannot be maintained between all customers and staff, then the store must limit the number of customers to less than five. The Order also recommends that face coverings be encouraged to be worn by all staff and customers.

Retail businesses that are categorized as essential businesses must continue to follow Emergency Order #28’s previous restrictions controlling the number of individuals allowed in a store. For stores less than 50,000 square feet of customer space, the total number of individuals allowed in the store, including employees, must be less than 25% of the total occupancy limits established by the local municipality. For stores with more than 50,000 square feet of customer space, the total number of customers, excluding employees, must not exceed more than four people per 1,000 square feet of space.

Stores are required to regulate the number of customers in the store by establishing lines outside the store for individuals to wait, including clear indications that allow six feet of separation while customers wait outside.

The Order also allows for drive-in theaters to open, provided that patrons remain in their vehicles other than to purchase food or drink from the theater or to use the restroom. No outdoor seating is allowed.

This Order is effective immediately, which means all non-essential retail businesses may open their doors to allow in-person shopping provided the business follows the restrictions within this and the previous Orders.

As retail businesses resume operations to the public or continue operations in the case of retail businesses previously classified as essential, the Governor, the Wisconsin Economic Development Corporation, and various governmental agencies have issued best practice guidance for operating. The guidance includes both General Best Practices and industry-specific guidance, including guidance for Retail Stores.

© 2020 Davis|Kuelthau, s.c. All Rights ReservedNational Law Review, Volume X, Number 132


About this Author

Sherry Coley Litigation Attorney Davis Kuelthau

Sherry is a member of Davis|Kuelthau’s Litigation Team practicing in the Green Bay office. Her practice primarily focuses on complex business litigation, with an emphasis on contract disputes, business torts, financial services litigation, real estate foreclosures and work-outs, and tax assessment appeals.

Sherry is also a member of the Intellectual Property Team representing clients in district courts across the country, as well as, in the Ninth and Federal Circuit Court of Appeals. She has litigated patent, trademark, copyright, unfair competition and trade secret cases in a wide...

Tiffany Woelfel Davis Kuelthau Litigation Attorney

Tiffany Woelfel is a member of the firm’s Litigation Practice in Davis|Kuelthau’s Green Bay office.

Prior to joining the firm, Tiffany was a judicial law clerk for the Honorable William C. Griesbach, Chief Judge of the United States District Court for the Eastern District of Wisconsin, and for the Honorable Joe B. McDade, Senior Judge in the United States District Court for the Central District of Illinois. While in law school, she was also a judicial intern for the Honorable William M. Conley, Judge for the Western District of Wisconsin. She gained experience in the federal law and civil procedure, as well as Wisconsin and Illinois state law.

While in law school, Tiffany was on the executive board of the Wisconsin Moot Court board and member of the Wisconsin Law Review. She also gave back to her community and completed over 150 pro bono hours while in school. In 2016, she was named the Dane County Bar Association Pro Bono Publico Law Student of the Year.

Before law school, she double majored in International Business and Non-profit Management at the University of Minnesota. She also spent two years teaching sixth grade math in Mississippi as part of Teach for America.