MADISON, Wis. (AP) — The Wisconsin Supreme Court on Wednesday ruled that Gov. Tony Evers’ administration does not have the authority to issue capacity limits on bars, restaurants and other businesses without approval of the Legislature, a ruling that comes two weeks after the conservative-controlled court struck down the state’s mask mandate.

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  • The Wisconsin Supreme Court ruled that Gov. Tony Evers’ administration does not have the authority to issue capacity limits on bars, restaurants and other businesses without approval of the Legislature

  • The ruling that comes two weeks after the conservative-controlled court struck down the state’s mask mandate

  • There has not been a statewide capacity limit restriction in place since October

  • The Supreme Court ruled 4-3

The Supreme Court also ruled last year in a similar case that the governor needed legislative approval for an emergency declaration that shut down businesses early in the coronavirus pandemic.

There has not been a statewide capacity limit restriction in place since October. That order, issued Oct. 6, limited the size of indoor public gatherings to 25% of a building or room’s occupancy or 10 people in places that don’t have an occupancy limit. The on-again, off-again order was blocked by a state appeals court on Oct. 23.

The Supreme Court ruled 4-3 Wednesday that the order issued by Evers’ Department of Health Services meets the definition of a rule, which by law must go through the Legislature.

The case was brought by the Mix-Up Bar in Amery and Pro-Life Wisconsin. They argued that the court’s 2020 ruling blocking the governor’s “safer at home” order set a precedent that requires such moves to be approved by the Legislature, which is controlled by Republicans.