Dear Editor,
A letter I had published in the Nov. 12, 2020 Waushara Argus began with two quotes from a Berlin Journal Sound-Off that spoke of a 60 page “Guide sent by Evers/Palm to each Wisconsin county and referenced the hiring of non-law enforcement guards to keep citizens in detention centers and restrict visitors.
“Guidance in imple-menting regulations sur-rounding communciable diseases - An Analysis of Local Health Department and local Health Officer Powers, Duties, and En-forcement Actions.” is a 60 page publication of WCA -vonBriesen (Wisconsin Counties Association – vonBriesen & Roper, s.c./Attorneys at Law.)
This publication is an in-depth legal analysis and presentation of methods used to respond in outbreaks of contagious diseases. Page 29 discusses the option of a health officer to employ “quarantine guards” to guard a place when isolation, quarantine, or other restrictions are violated.
Of particular interest is information in regards to “Orders to the Public at Large.” State Statue 252.25 requires that to enforce those orders an impose penalties a legislative body must pass an ordinance to provide that authority. In the absence of a state-wide ordinance, if a local government (county, city, village) wishes to impose penalties for violations within its jurisdiction, their legislative body (county board, city council, village board) must pass an ordinance to do so. (Imprisonment and criminal penalties may not be imposed.)
The publication ends with Appendices A-K (sample legal forms to serve on people, be filed with the courts, or deal with various health issues).
The members of the County Board need to ask themselves if it is wise to enact ordinances to enforce Orders to the Public at Large that would add penalties for non-compliance to restrictions already adversely affecting the livelihoods, lives, and liberties of citizens.
People need to take personal responsibility for their own safety rather than regulate that authority to the government which inevitably leads to an Abuse of Power. Liberties once lost are not easily regained.
Respectfully submitted,
Mary Hanke, Pine River
