'Vague and unenforceable:' Judge rules against City of Racine's COVID-19 ordinance

RACINE -- A judge ruled against the City of Racine's COVID-19 ordinance on Wednesday, July 1, calling it "vague and unenforceable."

A legal battle over what restrictions Racine could impose on residents and businesses was decided in favor of the business owners who took the city to court.

"Both sides I think gave good arguments," said David Yandel, co-owner of Harbor Park CrossFit, who filed the lawsuit.

The gym's owners filed a lawsuit challenging the city's original "Forward Racine" order -- a plan meant to reopen the city in phases due to the ongoing pandemic. The owners argued that the restrictions were vague and could put them, and others, out of business.

"If I have rules that are constantly changing, it makes it very hard for my members to know the product they are getting when they walk in this door," co-owner Corian Yandel said.

A judge overseeing the case paused the original city order. Within days, the same judge had to also pause a second effort by the City of Racine -- "Safer Racine" -- to place a COVID-19 ordinance when the Yandels amended their lawsuit. At the time, Racine Mayor Cory Mason called the judge's rulings "extremely troubling."

In Wednesday's 19-page decision, the judge called the city's ordinance "unconstitutionally vague and unenforceable as drafted." However, the judge also said that just because the ordinance was found as "vague" does not mean some portions were not "good public policy."

Prior to the decision, the Yandels told FOX6 News that they take the pandemic seriously and other business owners should, too.

"We can't just go out there and say we're open and throw all the safeguards to the wind," said David Yandel. "It's on our due diligence to help the city curb this virus."

Regardless of Wednesday's decision, either side has an opportunity to appeal the case through the Wisconsin Court of Appeals.

Statement from Racine Mayor Cory Mason: