NFIB Again Seeks to Block Governor Evers From Punishing Small Business

Date: March 03, 2021

NFIB Applauds Circuit Court Decision and Temporary Injunction

The National Federation of Independent Business Small Business Legal Center (NFIB SBLC), has just filed an amicus brief in the Wisconsin Court of Appeals on behalf of small business owners across the State of Wisconsin. (The full brief is attached) NFIB argues that Governor Evers’ plan to release the names of small businesses with employees testing positive for COVID-19 will take a monumental and irreparable toll on the financial health of Wisconsin small businesses. Last fall, the Waukesha County Circuit Court agreed with NFIB and small businesses, issuing a temporary injunction against the governor’s orders. The State and Journal-Sentinel appealed that decision to the court of appeals. NFIB’s filing today demonstrates its commitment to fighting this ill-advised plan all the way up the Wisconsin Court System in order to protect the small business community.



“Small business owners continue their struggle with the economic challenges of the pandemic,” said NFIB State Director in Wisconsin, Bill G. Smith. “Publishing the names of small businesses does nothing to curb the spread of the virus.  Instead, it will cause serious economic harm to our state’s small business owners, at a time when many continue their struggle to remain open while others begin to look forward to reopening.”



If the court of appeals reverses the circuit court and allows Governor Evers to implement his plan, small businesses across the state could shut down and thousands of Wisconsinites may lose their jobs.



“Allowing Wisconsin’s Governor to bypass federal and state privacy laws will detrimentally and permanently impact small businesses throughout the State of Wisconsin,” said Karen Harned, NFIB Small Business Legal Center’s Executive Director. “Rather than slowing the spread of COVID-19, the Administration’s plan would instead mark impacted businesses with what amounts to a scarlet letter and likely lead to a significant loss of revenue to Wisconsin small businesses struggling to survive.”




NFIB’s Small Business Legal Center is a nonprofit, public interest law firm, established to provide legal resources and be the voice for small businesses in the nation’s courts through representation on issues of public interest affecting small businesses. NFIB is the nation’s leading small business association, representing members in Washington D.C. and all 50 state capitals. Founded in 1943 as a non-profit, nonpartisan organization, NFIB’s mission is to promote and protect the right of its members to own, operate, and grow their businesses. To fulfill its role as the voice for small business, the NFIB SBLC frequently files amicus briefs in cases that affect small businesses.


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