City of Racine appeals judge's decision to overturn COVID-19 ordinance

"It’s an extraordinary irresponsible decision," Mayor Cory Mason said.

Mayor Mason is speaking out following a judge’s decision to overturn the city’s COVID-19 ordinance.

"Racine has been the highest number of coronavirus cases per capita in the state. We’re really left without the tools from that ordinance to keep everybody safe," he said.

The city is not backing down and is filing an emergency appeal in the case with the Wisconsin court of appeals. the hope is the courts could get involved before the 4thof July holiday.

“If more people get sick and if more people die it is partially because of this judge’s decision," he said.

In previous interviews, the gym owners said they take the pandemic seriously but they were fighting for the survival of their business.

This week, Racine Circuit Court Judge Jon Fredrickson, ruled in their favor.

In a 19-page decision he said the city’s ordinance was “unenforceable as drafted.”

Mayor Mason strongly disagrees.

"I would say to the judge if he wants to run for city council he should run for city council and make city policy, but he’s taken an extraordinary unique position that no other jurisdiction has taken,” he said.

Mayor Mason says other parts of the state like Dane County are enforcing restrictions as cases rise.

"Here's the hard part about the coronavirus. It’s not fair to anybody, like, it’s no fun…people are getting sick. It’s having a real economic toll in our community," he said.

He stresses safety over the holiday weekend.

"This is not the year to go to the crowded backyard bbq or the big house party and celebrate with your friends and family in the midst of a pandemic you are just putting other people at risk," Mayor Mason said.

FOX6 reached out to the judge who overturned the city’s COVID-19 ordinance but the judge says he can’t comment on the case until it’s officially over.