Racine city officials slam judge’s ‘extremely troubling’ COVID-19 order

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Racine County Circuit Court Judge Jon Fredrickson and Racine city officials are in a war of words over a lawsuit challenging the city’s COVID-19 public-health orders. Fredrickson cautioned city officials against undermining a temporary injunction order in the case, an order the mayor called “extremely troubling.

David Yandel, an owner of Harbor Park CrossFit, filed a lawsuit against the city and its public health administrator, Dottie-Kay Bowersox, in May over the city’s COVID-19 public-health order.

The May 21 order, known as Forward Racine, placed restrictions on businesses as the city reopened its economy. It limited indoor recreational centers like gyms and fitness centers to a maximum of 10 people.

Yandel alleged the order was unlawful and unconstitutional and requested a temporary injunction to block it as the case proceeds.

In a motion hearing on Zoom online on Friday, Judge Jon Fredrickson granted the temporary injunction.

Three days later, the city enacted a new municipal ordinance, called Safer Racine, that included many of the same guidelines for businesses to reopen. This time, the order allowed up to 25% capacity or 10 people, whichever was greater, for fitness centers.

Fredrickson then issued a supplemental temporary injunction order on Wednesday, saying the city “cut and pasted” the language in question in the case into the new ordinance.

“The City of Racine has engaged in a direct attack on this Court’s order by incorporating the enjoined substance of the Forward Racine order into an ordinance, and then claiming the right to enforce the enjoined language through a new ordinance, despite this Court’s order,” Fredrickson wrote.

He temporarily enjoined the city from enforcing Monday’s order and enacting, as ordinances, other COVID-19 orders of general application. Fredrickson said the court wouldn’t hesitate to issue an order to show cause for contempt if the city or Bowersox had attempted to “undermine the orders of this court.”

Racine Mayor Cory Mason called the ruling “extremely troubling,” saying it leaves no protections in place for the community and puts everyone at an increased risk.

John Tate II, Racine Common Council president, said the council had clear authority to pass such an ordinance.

“It is disturbing that at every level of government there has either been a failure to act, or direct opposition to reasonable and necessary precautions, seemingly driven by political or economic motivations instead of public health,” Tate said in a statement.

The next court activity on the docket is a scheduling conference on July 13.

Racine County had 2,101 confirmed cases of COVID-19 and 59 deaths by Monday, according to the city’s website.

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