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>> YEAH, AND HE SAYS HE AND HIS DEPUTIES WILL NOT BE THE ONES TO ENFORCE THE ORDER. INSTEAD, THEY WILL LEAVE IT UP TO THE HEALTH DEPARTMENT TO ENFORCE. RACINE COUNTY SHERIFF CHRISTOPHER SCHMALING SAYS HE’D LIKE PEOPLE TO TAKE NECESSARY CORONAVIRUS PRECAUTIONS, BUT HE WON’T BE FORCING THEM TO. >> AT HIS LEVEL, I MEAN HE HAS THE RIGHT TO SAY THAT. >> TO DATE RACINE COUNTY HAS HAD 163 CONFIRMED CORONAVIRUS CASES AND A -- EIGHT DEATHS. IN A STATEMENT, SCHMALING SAID HE UNDERSTANDS THE SERIOUSNESS OF THE SITUATION, BUT BELIEVES THE GOVERNOR’S SAFER AT HOME ORDER EXTENSION THROUGH MAY 26 GOES TOO FAR. SAYING, "I TOOK AN OATH TO UPHOLD THE CONSTITUTIONAL RIGHTS OF OUR CITIZENS AND I CAN NOT IN GOOD FAITH PARTICIPATE IN THE DESTRUCTION OF RACINE COUNTY BUSINESSES OR INTERFERE IN THE FREEDOMS GRANTED TO ALL OF US." THE STATEMENT IN DIRECT DEFIANCE OF GOVERNOR TONY EVERS. >> THINGS WILL NOT GET BACK TO NORMAL UNTIL THERE IS A VACCINATING -- VACCINE AND TREATMENT FOR THIS DISEASE, AND EVEN THEN, THE NEW NORMAL WILL NOT BE OUR OLD NORMAL. >> SCHMALING IGNORED MY MULTIPLE REQUESTS FOR COMMENT. THIS WHAT PEOPLE IN RACINE COUNTY HAD TO SAY. >> THEY SHOULD LOSTEN TO THE GOVERNOR BECAUSE THERE’S A REASON WE SHOULD STAY HOME AND BE SAFE. >> IF HE SAYS THATS WHAT HES GOING TO DO, I KNOW I WOULDNT -- WOULDN’T WANT TO BE THE ONE TO MAKE THAT DECISION. >> I MEAN THERE’S TOO MUCH OF A RISK THERE. YOU KNOW PEOPLE ARE DYING, PEOPLE ARE GETTING SICK, ELDERLY AND SOME IN BETWEEN. I PERSONALLY THINK IT SHOULD BE ENFORCED. PATRICK: CAROLINE, HAS THE GOVERNOR SAID ANYTHING ABOUT THIS? >> I REACHED OUT TO THE GOVERNOR’S OFFICE AND HAVE NOT HEARD BACK. I ALSO HAVE NOT RECEIVED A RESPONSE FROM COUNTY OFFICIALS. THEY HAVE NOT RETURNED

Advertisement Racine County sheriff refuses to enforce Safer at Home order Sheriff Christopher Schmaling said he will not enforce the Safer at Home order because he believes it violates businesses' and citizens' constitutional rights Share Shares Copy Link Copy

Racine County Sheriff Christopher Schmaling is taking a stand against Gov. Tony Evers' Safer at Home order. Continuing Coverage: Coronavirus in WisconsinSchmaling released a statement Friday saying he will not enforce the order because he believes it violates businesses' and citizens' constitutional rights. "Wisconsin law gives the Governor and the Wisconsin DHS the authority to develop emergency measures and enforce rules and orders to protect the public during a health crisis. However, state law does not have the power to supersede or suspend the Constitutional rights of American citizens," Schmaling said in his statement.Schmaling did not return WISN 12 News' multiple requests for comment."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 this difficult time to accommodate for the safety of their employees and guests."Other Racine County officials have also not commented on the sheriff's remarks."The overreaching measures taken by State government will have dire lifetime consequences for businesses, homeowners, and families. I took an oath to uphold the constitutional rights of our citizens and I can not in good faith participate in the destruction of Racine County businesses or interfere in the freedoms granted to all of us by our Constitution," Schmaling's statement said. WISN 12 News also reached out to Gov. Evers' office for comment and did not receive a response."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. We will leave the enforcement of public health orders to the health department experts," Schmaling said.It is unclear if Schmaling has the authority to defy the Governor's order."It is important that we stay focused on our obligations and responsibilities to those areas of the law that we are charged with enforcing. We have and will continue to concentrate our resources and efforts at keeping our roads safe and protecting our citizens from criminal activity," said Schmaling."COVID-19 isn’t going to go away any time soon. I strongly encourage all of us to start thinking of our new 'normal' way of doing business. Let’s get Racine County back on its feet again and move ahead. I understand the seriousness of the current health situation and I urge all Racine County citizens to continue to be responsible and to follow the social distancing, mask and hygiene recommendations of the CDC and the Wisconsin DHS. Let’s continue to look out for our neighbors and those less fortunate around us. Brighter days are ahead," Schmaling said in his statement. People in Racine County had mixed feelings on the subject. "There's too much of a risk there. People are dying. People are getting really sick. Elderly and some in between. I personally think it should be enforced," said Jaron Turner, who was driving to Illinois on Friday. "I think the Governor is right. (The sheriff) should be enforcing (the order). (The Governor) has more power than the sheriffs themselves. They should listen to the governor because there's a reason we should stay home and be safe," said Manuel Ortiz from Union Grove."At his level, I mean he has the right to say that," said Ken Kurt, from the Village of Yorkville. "I guess he is in defiance to a point, but as the level goes down, what are you going to do? I know I wouldn't want to be the one to make that decision."Sign up for coronavirus email alerts from WISNGet breaking news alerts with the WISN 12 app.Follow us: Facebook | Twitter | Instagram | YouTube