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Organization files request to block Dane County, Milwaukee pandemic orders

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MADISON (WKOW) -- A legal firm has filed a request in federal court to block emergency orders in Madison and Milwaukee related to the pandemic.

The organization Veterans Liberty Law filed for an immediate injunction Friday against Public Health Madison-Dane County director Janelle Heinrich and City of Milwaukee commissioner of health Jeanette Kowalik.

The plaintiffs want to stop orders that took effect in early July that limit private gatherings.

Dane County's emergency order took effect July 2, limiting gatherings inside to a maximum of 10 people and limiting outdoor gatherings to 25 people.

In the filing, Veterans Liberty Law claims the order goes far beyond what the law allows:

"Defendants Heinrich and Kowalik are unelected officials. Their Orders have no end date, are subject to review by no one, and they themselves are subject to no action by the voters. No one voted them in, and no one can vote them out.

While governors govern and legislatures legislate, these defendants rule. Their orders are edicts and should not be treated with the deference given duly enacted laws. These Defendants have exceeded their powers and violated the constitutional rights of the Plaintiffs. Madison Dane Emergency Order #7 and Milwaukee Order #4 should be enjoined by this Court."

The plaintiffs hope to have a hearing in the United States District Court for the Eastern District this week.