The Wisconsin Supreme Court agrees to take open records case over COVID-19 data at businesses

Patrick Marley
Milwaukee Journal Sentinel

MADISON - The Wisconsin Supreme Court agreed Thursday to take an open records case that will determine whether health officials must release information about COVID-19 outbreaks at businesses.

The Milwaukee Journal Sentinel last year requested records from the state Department of Health Services after meatpacking workers and nursing home residents told the newspaper they couldn't get information about outbreaks at their facilities.

Wisconsin Manufacturers & Commerce, the state's largest business lobbying group, sued in October to stop the release of the data, arguing its disclosure would harm the reputations of employers that had outbreaks. 

A Waukesha County circuit court judge sided with the group and blocked the release of the information. The Madison-based District 4 Court of Appeals reversed that decision in an April ruling that found WMC did not have the power to challenge the release of the records.

The appeals court kept the records from being released while WMC sought review by the state Supreme Court. The high court noted on its website Thursday that it would take the case. 

"We are thankful that the Supreme Court has agreed to hear this case," said Kurt Bauer, WMC's president and chief executive officer, in a statement.

"WMC and our members hope the Supreme Court will overturn the lower court’s decision and protect the privacy of Wisconsin’s businesses and their employees."

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Tom Kamenick, the attorney for the Journal Sentinel, said the records should be released but are being held up by the court fight.

"The Court of Appeals correctly ruled that lobbying groups like WMC have no legal standing to sue to stop the release of public records," said Kamenick, the president of the Wisconsin Transparency Project. "This case should have been thrown out the day it was filed, but these records are likely to be kept secret until next summer at the earliest."

The records contain the names of about 1,000 businesses that are public-facing or employ at least 25 people that saw two or more employees test positive or identify as close contacts.

WMC argued the release of the data could result in the identification of individuals who were infected with the coronavirus. The appeals court called that claim "sheer speculation."

The Supreme Court agreed to take the case just as COVID-19 cases surge in Wisconsin and around the country because of the delta variant

The justices will likely hold arguments this fall or early next year and release a decision by next summer. 

Daphne Chen of the Journal Sentinel staff contributed to this report.

Contact Patrick Marley at patrick.marley@jrn.com. Follow him on Twitter at @patrickdmarley.