Court asked to consider motion for contempt after Racine schools remain closed

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The Wisconsin Institute for Law and Liberty is asking the state Supreme Court to punish Racine’s public health officer and public health department for not reopening schools on Monday.

The high court assumed jurisdiction on Wednesday over a lawsuit involving a local COVID-19 order that closed all public and private schools in Racine, Wind Point and Elmwood Park to in-person instruction from Nov. 27 through Jan. 15. In an order issued last week, the state Supreme Court demanded that the original action be held in abeyance until a decision could be handed down in three consolidated cases relating to Dane County’s COVID-19 emergency order. While the matter was pending, the court temporarily enjoined the order closing Racine-area schools.

Despite that order, local schools remained closed. WILL responded on Monday by filing an emergency motion for contempt citing an email from Dottie-Kay Bowersox, Racine public health administrator. The email noted that Racine officials, in addition to their order to close local schools, had adopted an ordinance doing the essentially same thing in the city. The Wisconsin Supreme Court’s injunction, according to the email, does not apply to the local ordinance, only the order.

WILL, in its motion, said local officials are trying to split hairs.

“In other words, the Respondents, having just been enjoined from closing schools, proceeded to tell school administrators that they were nevertheless closing schools,” the motion said.

WILL argued that the city is attempting to “illegally evade” the court’s injunction by enacting a new closing mandate for the city — one that’s identical to the enjoined order.

But the Racine city attorney, in an email included as an exhibit, contended the court’s order has been specific in temporarily enjoining the “Racine Public Health Department School Building Closure Order” and not the “Safer Racine” ordinance that had been amended on Nov. 20 to close school buildings.

“The actions of the City of Racine to enforce its ordinances would not violate the order of the Wisconsin Supreme Court,” wrote Scott Letteney, the city attorney.

The motion asks the justices to hold Bowersox and the health department in contempt and to impose monetary sanctions. It proposes a sum of money sufficient to compensate each petitioner for injury, a forfeiture of $2,000 for each day they were in contempt of the order, and attorneys fees and costs.

WILL first filed the motion for an original action on Nov. 19 on behalf of a group of parents, religious schools, School Choice Wisconsin Action and the Wisconsin Council of Religious & Independent Schools.

Oral arguments in the consolidated Dane County cases are scheduled for Dec. 8. Follow @WLJReporter