A Wisconsin dance studio has successfully overturned a fine levied against it for holding a performance of "The Nutcracker" during the height of COVID-19 restrictions in December 2020. Public Health Madison and Dane County rescinded the penalty against A Leap Above Dance, located in Oregon, a suburb of Madison, on June 22nd.

The initial complaint stemmed from allegations that the studio hosted 119 individuals at the performance, violating the county's ban on mass gatherings implemented to curb the spread of the virus. While the potential fine could have reached $23,800 (at $200 per violation), a health department spokesperson clarified that the maximum penalty would have been $3,200.

Studio owner Natalie Nemeckay disputed the attendance figures, asserting that fewer than 100 people participated in the performance, divided into groups no larger than 10. Photographs from the event indicate that performers wore masks.

In February 2021, the studio joined a lawsuit filed by two parents challenging the health department's gathering restrictions, arguing that the order impeded their children's involvement in indoor sports. These restrictions were eventually lifted in June 2021. Although the Wisconsin Supreme Court later affirmed the health department's authority to limit gatherings in July 2022, the case was remanded to Dane County Circuit Court. Due to the delay in receiving the case, the expiration of the health department's restrictions, and the end of the national COVID-19 emergency, pursuing the fine was deemed not in the public interest.