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FOND DU LAC COUNTY -- Governor Tony Evers on Thursday, April 16 directed the Wisconsin Department of Health Services to extend the "Safer at Home" order through May 26, and enforcing that order, originally set to end on April 24 after taking effect on March 25, has led to criminal charges in Fond du Lac County.
The district attorney noted this remains a last resort for law enforcement.
Criminal complaints were filed in Fond du Lac County against a dozen people accused of violating the order.
"Everybody is presumed innocent until proven guilty," said District Attorney Eric Toney.
A handful of the complaints related to a nonessential business. The owner of The Hip Hop Shop, Rodney Emerson, stands accused of staying open for business after the order was put in place, and hosting a party of more than 20 people. FOX6 News could not reach him for comment Thursday.
The other complaints related to a restaurant not following social distancing guidelines, with a customer eating inside. FOX6 News received a statement from Sunset on the Water Thursday -- which is posted in full at the bottom of this story.
Under the order, restaurants are only allowed to be open for takeout and delivery.
"I know talking with our Fond du Lac County sheriff, they've received 100 complaints from citizens on people violating the Safer at Home order," said Toney.
The owner of a vacation property, Bradley Lenz, is accused of violating the order by continuing to rent out his property on more than one occasion. He told FOX6 News he did not want to comment Thursday, but said he hired an attorney.
"The goal has been not to have any referrals to the DA's office," said Toney. "That's really been a last resort. Sometimes, folks are not aware they were in violation, and there's other things law enforcement will do seeking voluntary compliance."
Toney did not want to discuss specific cases, but admitted these are uncharted waters for everyone.
"We're not really sure how these cases will resolve themselves," said Toney. "We're still waiting to see how this pandemic unfolds."
He did explain penalties for those convicted:
Fond du Lac County District Attorney Eric Toney
"This is the lowest level of any misdemeanor charge we have," said Toney. "The maximum penalty would be up to 30 days in jail and a fine up to $500."
Police in suburban Milwaukee departments like Greenfield said they're issuing citations only for repeat violators of the order. Toney said officials in Fond du Lac County and Fond du Lac have been working to issue citations instead of criminal charges. It's unknown of citations could resolve these cases already filed.
"We don't want to be a big brother community where everybody is getting citations and criminal charges," said Toney. "We want to use those as last resorts."
As of Thursday, those accused of violating the order in Fond du Lac County are due in court in May.
Statement from Sunset on the Water