The Court of Appeals affirmed the lower court’s decision that Racine’s Safer at Home ordinance was unconstitutional. Specifically, the Appeals Court hammered the City’s position. The three-judge panel unanimously agreed with David Yandel, the plaintiff, and with the lower court that the City’s ordinance was unconstitutional and that “no average person of ordinary intelligence can make sense of [this ordinance’s] sprawling breadth.”
Anthony Nudo, an attorney for the plaintiff, stated, “It’s rare that the courts will declare an ordinance unconstitutional. The court made the right decision today. The City of Racine exceeded their constitutional authority and tried bullying their citizens. The court saw through that and properly struck down their illegal ordinance. This is a win not only for our client, but for the citizens of Racine and those that visit the city. Justice was served.”
This decision was a clear win for citizen’s rights. The Court acknowledged that government must stay within its Constitutional boundaries, and clearly signaled that the Constitution is in place in times of peace and emergency. Hopefully, all units of government in the state, including Kenosha, will recognize that the Constitution is in place for a reason and won’t trample on citizen’s rights.