Empathy List Archives

AS

Amanda Stanley

Tue, May 19, 2020 12:27 PM

Do we have anyone from Wisconsin or Oregon on here? I was curious about the litigation that overturned the stay at home order in Wisconsin and possibly Oregon. How are your emergency management statutes structured? In reading the new stories, it seems like the litigation is similar to the concern we have in Kansas and that we are trying to fix when our legislature comes back for one day on Thursday but I was curious about the backstory.

Thanks!

Amanda Stanley

Sent from my iPhone

Do we have anyone from Wisconsin or Oregon on here? I was curious about the litigation that overturned the stay at home order in Wisconsin and possibly Oregon. How are your emergency management statutes structured? In reading the new stories, it seems like the litigation is similar to the concern we have in Kansas and that we are trying to fix when our legislature comes back for one day on Thursday but I was curious about the backstory. Thanks! Amanda Stanley Sent from my iPhone

SA

Stephens, Adam

Tue, May 19, 2020 12:56 PM

Amanda,
I was involved in the litigation and drafted an amicus brief with more than a dozen other municipalities and counties. I’d be happy to discuss if you’d like to call me later today.

Adam Stephens
Deputy City Attorney
Milwaukee, Wisconsin
(m) 414-350-5206
asteph@milwaukee.gov

Get Outlook for iOShttps://aka.ms/o0ukef

From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Amanda Stanley astanley@lkm.org
Sent: Tuesday, May 19, 2020 7:27:18 AM
To: disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: [Disasterrelief] Curious

Do we have anyone from Wisconsin or Oregon on here? I was curious about the litigation that overturned the stay at home order in Wisconsin and possibly Oregon. How are your emergency management statutes structured? In reading the new stories, it seems like the litigation is similar to the concern we have in Kansas and that we are trying to fix when our legislature comes back for one day on Thursday but I was curious about the backstory.

Thanks!

Amanda Stanley

Sent from my iPhone

Disasterrelief mailing list
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http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
The City of Milwaukee is subject to Wisconsin Statutes related to public records. Unless otherwise exempted from the public records law, senders and receivers of City of Milwaukee e-mail should presume that e-mail is subject to release upon request, and is subject to state records retention requirements. See City of Milwaukee full e-mail disclaimer at www.milwaukee.gov/email_disclaimer

Amanda, I was involved in the litigation and drafted an amicus brief with more than a dozen other municipalities and counties. I’d be happy to discuss if you’d like to call me later today. Adam Stephens Deputy City Attorney Milwaukee, Wisconsin (m) 414-350-5206 asteph@milwaukee.gov Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: Disasterrelief <disasterrelief-bounces@lists.imla.org> on behalf of Amanda Stanley <astanley@lkm.org> Sent: Tuesday, May 19, 2020 7:27:18 AM To: disasterrelief@lists.imla.org <disasterrelief@lists.imla.org> Subject: [Disasterrelief] Curious Do we have anyone from Wisconsin or Oregon on here? I was curious about the litigation that overturned the stay at home order in Wisconsin and possibly Oregon. How are your emergency management statutes structured? In reading the new stories, it seems like the litigation is similar to the concern we have in Kansas and that we are trying to fix when our legislature comes back for one day on Thursday but I was curious about the backstory. Thanks! Amanda Stanley Sent from my iPhone _______________________________________________ Disasterrelief mailing list Disasterrelief@lists.imla.org http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org The City of Milwaukee is subject to Wisconsin Statutes related to public records. Unless otherwise exempted from the public records law, senders and receivers of City of Milwaukee e-mail should presume that e-mail is subject to release upon request, and is subject to state records retention requirements. See City of Milwaukee full e-mail disclaimer at www.milwaukee.gov/email_disclaimer

CJ

Chad Jacobs

Tue, May 19, 2020 4:05 PM

Hi,

The Oregon litigation was based on a statutory analysis of the Governor's powers between two arguably conflicting statutes. The court basically held that one statute, which only granted the Governor authority to impose emergency restrictions for 28 days superseded the more general statute, which permits the Governor to have longer restrictions in place. I'm attempting to attach a copy of the circuit court's letter opinion. Early yesterday evening, around 7:45 Pacific time, the Supreme Court stayed the circuit court's decision indefinitely and until it decides the matter.

For what it's worth, the circuit court opinion is our equivalent of the trial court level. It was issued in Baker county, which is in eastern Oregon, is sparsely populated, and generally much more conservative than the western portion of the state. In addition, the circuit court judge who issued the decision was just appointed to the bench in September, having served as the Baker County DA and DDA since 1994 - with little civil experience. Not that politics will or should play any role in such a decision, but it's very unclear how much weight the circuit court's opinion will really hold with the Supreme Court, and most folks out here, I believe, expect the Supreme Court to overturn the decision if it does not become moot before they issue their decision. As always, nothing is certain, so stay tuned.

Happy to chat further if it would be helpful, but the letter opinion lays out the issue pretty well for you.

Stay well everyone.

All the best,

Chad

Chad A. Jacobs
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | f (503) 226 2348
www.gov-law.com https://urldefense.proofpoint.com/v2/url?u=http-3A__www.gov-2Dlaw.com_&d=CwMFAg&c=jVj56eFZMBdw2XTy1WmujjlEfwGR4yGcPx8hs15Otm8&r=qM6Nbq5vBmlKvDFP7AsLlTQleljwitcFqU1iMRmHVgKp05YlrIptQfmtvhn3OUDu&m=NoaizskxpJTPslurhEL0am9ArVnVxYAEIyLfgcdOLwE&s=zS92wxqxfM2flOwU8w9bqMOncsRG-RS7ISyWWPg7glQ&e=

Caution! This communication may contain a privileged attorney-client communication or attorney work product. Please do not distribute, forward or retransmit without prior approval. If you have received this e-mail by mistake, please notify me by reply e-mail and delete all copies.
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From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephens, Adam
Sent: Tuesday, May 19, 2020 5:56 AM
To: Amanda Stanley; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Curious

Amanda,
I was involved in the litigation and drafted an amicus brief with more than a dozen other municipalities and counties. I'd be happy to discuss if you'd like to call me later today.

Adam Stephens
Deputy City Attorney
Milwaukee, Wisconsin
(m) 414-350-5206
asteph@milwaukee.gov mailto:asteph@milwaukee.gov

Get Outlook for iOShttps://aka.ms/o0ukef

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> on behalf of Amanda Stanley <astanley@lkm.org mailto:astanley@lkm.org>
Sent: Tuesday, May 19, 2020 7:27:18 AM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org>
Subject: [Disasterrelief] Curious

Do we have anyone from Wisconsin or Oregon on here? I was curious about the litigation that overturned the stay at home order in Wisconsin and possibly Oregon. How are your emergency management statutes structured? In reading the new stories, it seems like the litigation is similar to the concern we have in Kansas and that we are trying to fix when our legislature comes back for one day on Thursday but I was curious about the backstory.

Thanks!

Amanda Stanley

Sent from my iPhone

Disasterrelief mailing list
Disasterrelief@lists.imla.org mailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
The City of Milwaukee is subject to Wisconsin Statutes related to public records. Unless otherwise exempted from the public records law, senders and receivers of City of Milwaukee e-mail should presume that e-mail is subject to release upon request, and is subject to state records retention requirements. See City of Milwaukee full e-mail disclaimer at www.milwaukee.gov/email_disclaimer http://www.milwaukee.gov/email_disclaimer

Hi, The Oregon litigation was based on a statutory analysis of the Governor's powers between two arguably conflicting statutes. The court basically held that one statute, which only granted the Governor authority to impose emergency restrictions for 28 days superseded the more general statute, which permits the Governor to have longer restrictions in place. I'm attempting to attach a copy of the circuit court's letter opinion. Early yesterday evening, around 7:45 Pacific time, the Supreme Court stayed the circuit court's decision indefinitely and until it decides the matter. For what it's worth, the circuit court opinion is our equivalent of the trial court level. It was issued in Baker county, which is in eastern Oregon, is sparsely populated, and generally much more conservative than the western portion of the state. In addition, the circuit court judge who issued the decision was just appointed to the bench in September, having served as the Baker County DA and DDA since 1994 - with little civil experience. Not that politics will or should play any role in such a decision, but it's very unclear how much weight the circuit court's opinion will really hold with the Supreme Court, and most folks out here, I believe, expect the Supreme Court to overturn the decision if it does not become moot before they issue their decision. As always, nothing is certain, so stay tuned. Happy to chat further if it would be helpful, but the letter opinion lays out the issue pretty well for you. Stay well everyone. All the best, Chad Chad A. Jacobs Beery Elsner & Hammond, LLP 1750 SW Harbor Way, Suite 380 Portland, OR 97201 t (503) 226 7191 | f (503) 226 2348 www.gov-law.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.gov-2Dlaw.com_&d=CwMFAg&c=jVj56eFZMBdw2XTy1WmujjlEfwGR4yGcPx8hs15Otm8&r=qM6Nbq5vBmlKvDFP7AsLlTQleljwitcFqU1iMRmHVgKp05YlrIptQfmtvhn3OUDu&m=NoaizskxpJTPslurhEL0am9ArVnVxYAEIyLfgcdOLwE&s=zS92wxqxfM2flOwU8w9bqMOncsRG-RS7ISyWWPg7glQ&e=> Caution! This communication may contain a privileged attorney-client communication or attorney work product. Please do not distribute, forward or retransmit without prior approval. If you have received this e-mail by mistake, please notify me by reply e-mail and delete all copies. P Please consider the environment before printing this email. From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Stephens, Adam Sent: Tuesday, May 19, 2020 5:56 AM To: Amanda Stanley; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Curious Amanda, I was involved in the litigation and drafted an amicus brief with more than a dozen other municipalities and counties. I'd be happy to discuss if you'd like to call me later today. Adam Stephens Deputy City Attorney Milwaukee, Wisconsin (m) 414-350-5206 asteph@milwaukee.gov<mailto:asteph@milwaukee.gov> Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> on behalf of Amanda Stanley <astanley@lkm.org<mailto:astanley@lkm.org>> Sent: Tuesday, May 19, 2020 7:27:18 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>> Subject: [Disasterrelief] Curious Do we have anyone from Wisconsin or Oregon on here? I was curious about the litigation that overturned the stay at home order in Wisconsin and possibly Oregon. How are your emergency management statutes structured? In reading the new stories, it seems like the litigation is similar to the concern we have in Kansas and that we are trying to fix when our legislature comes back for one day on Thursday but I was curious about the backstory. Thanks! Amanda Stanley Sent from my iPhone _______________________________________________ Disasterrelief mailing list Disasterrelief@lists.imla.org<mailto:Disasterrelief@lists.imla.org> http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org The City of Milwaukee is subject to Wisconsin Statutes related to public records. Unless otherwise exempted from the public records law, senders and receivers of City of Milwaukee e-mail should presume that e-mail is subject to release upon request, and is subject to state records retention requirements. See City of Milwaukee full e-mail disclaimer at www.milwaukee.gov/email_disclaimer<http://www.milwaukee.gov/email_disclaimer>