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Becker v. Dane County

02.22.22 Last Updated 07.08.22

In a case challenging the power of the director of Dane County and Madison's joint health department to issue and enforce health ordinances, the State Democracy Research Initiative filed an amicus brief arguing that state and federal separation of powers principles do not apply to local governments. The Wisconsin Supreme Court held that local health officers may issue and enforce health ordinances and that such actions are neither preempted by statute or prohibited by the constitution.