Racine Sun

On April 17, Racine County Sheriff Christopher Schmaling announced that his department will not enforce the extended safer-at-home order issued by Gov. Tony Evers.

“I took an oath to uphold the constitutional rights of our citizens and I cannot in good faith participate in the destruction of Racine Co. businesses or interfere in the freedoms granted to all of us by our Constitution," said Schmaling in a media release.

He said although state law gives the governor and Department of Human Services (DHS) the authority to develop emergency measures and enforce rules to protect the public during a crisis, state law does not supersede or suspend the Constitutional rights of Americans.

“I urge the Wisconsin DHS to develop a workable plan that balances the safety of our citizens while at the same time, acknowledging the fact that there is a way for business to operate even during the current health situation,” Schmaling said. “I have all the confidence in Racine County business owners that they can make the appropriate adjustments in the way they operate during the difficult time to accommodate for the safety of their employees and guests.”

Referring to the state government’s actions as overreaching, he said they "will have dire lifetime consequences for businesses, homeowners and families.”

“Wisconsin law gives the authority and the responsibility for investigating and enforcing public health violations to the Wisconsin Department of Health Services and local health departments," said Schmaling. "We will leave the enforcement of public health orders to the public health department experts.”

Of the 348 comments the sheriff's tweet generated, not all were supportive.

Twitter user Andy Hicken commented, "Racine County currently has one of the fastest-growing COVID-19 outbreaks in Wisconsin."

Some tweets called for the sheriff to resign or the governor to be recalled.