WILL Files Lawsuit Challenging Dane County Health Department’s Authority to Enact COVID Restrictions
WILL:
The News: The Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit in Dane County Circuit Court, on behalf of two Dane County residents, challenging the Dane County health department’s legal authority to issue sweeping restrictions on all aspects of life in Dane County. This lawsuit is substantially similar to an original action WILL filed with the Wisconsin Supreme Court in November 2020. The Court voted not to grant WILL’s original action, 4-3, without addressing the merits of the case, but four Justices indicated the claims had substantial merit.
The Quote: WILL Deputy Counsel, Luke Berg, said, “Dane County’s health department has enacted some of the strongest restrictions in Wisconsin without any express sanction from local elected officials. This lawsuit asks the court to rein in the ability of local, unelected health officers to unilaterally issue sweeping restrictions.”
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Notes and links on Dane County Madison Public Health. (> 140 employees).
which pushed Dane County this week not to calculate its percentage of positive tests — a data point the public uses to determine how intense infection is in an area.
While positive test results are being processed and their number reported quickly, negative test results are taking days in some cases to be analyzed before they are reported to the state.
The department said it was between eight and 10 days behind in updating that metric on the dashboard, and as a result it appeared to show a higher positive percentage of tests and a lower number of total tests per day.
The department said this delay is due to the fact data analysts must input each of the hundreds of tests per day manually, and in order to continue accurate and timely contact tracing efforts, they prioritized inputting positive tests.
“Positive tests are always immediately verified and processed, and delays in processing negative tests in our data system does not affect notification of test results,” the department said in a news release. “The only effect this backlog has had is on our percent positivity rate and daily test counts.”
Staff have not verified the approximately 17,000 tests, which includes steps such as matching test results to patients to avoid duplicating numbers and verifying the person who was tested resides in Dane County.
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