Wisconsin Safer At Home Emergency Order Continues to Expressly Exempt Auto and Ag Equipment Retail Operations
This morning, Governor Tony Evers and Department of Health Services Secretary-designee Andrea Palm issued Emergency Order #12, Safer at Home Order. The Order expands previously-order mass gathering bans and orders that “[a]ll individuals present within the State of Wisconsin are ordered to stay at home or at their place of residence,” except as outlined in the Order. The Order can be viewed here.
What Dealers Need to Know. The Order expressly exempts “auto and motorcycle supply, repair and sales,” as well as “farm and agriculture equipment, supplies, and repair services,” as being Essential Businesses. The Order further provides that “[a]ll Essential Businesses and Operations are encouraged to remain open.” (Emphasis added.) This Order should cover all forms of motor vehicles and agricultural equipment defined under Wisconsin law, as the Order also expressly and broadly permits continuing operations of boat and bicycle supply, repair, and sales. Other retail dealerships and franchisees should consult the Order or competent legal counsel to determine whether their operations are permitted.
The Order mandates that Essential Businesses and Operations implement Social Distancing between all individuals on the premises to the extent possible, including:
use of technology to avoid meeting in person (virtual meetings, teleconference, and remote work (i.e., work from home)); and
ensure that both employees and members of the public are maintaining six-foot social distancing, including but not limited to when any customers are standing in line.
The Order becomes effective on Wednesday, March 25, 2020, at 8 a.m., and remains in effect until Friday, April 24, 2020, or until a superseding order is issued.
Additional Resources for Dealers. As a reminder, a number of outlets have issued guidance on steps that dealerships should take in order to address this critical health emergency. Click here to access up-to-date COVID-19 Resource for Dealers from the Wisconsin Automobile & Truck Dealers Association.
Please note, as well, that I will continue to be available by telephone (608-285-9200) and email (eric@widealerlaw.com). My office and support staff are set up to continue operationgs, remotely. Please let us know if we can be of assistance in any way.
Stay safe!
— Eric Baker, Wisconsin Dealer Law