Wisconsin Gov. Evers Issues Statewide Mask Mandate

MADISON, WI — Gov. Tony Evers declared a public health emergency Thursday and issued an emergency order requiring people to wear face masks when indoors and not in a private residence, with some exceptions.

Republican leaders disapproved of the order, calling it a "one-size-fits-all" approach while also hinting that a legal challenge to the order might be in the works.

The order goes into effect at 12:01 a.m. Saturday and will expire on Sept. 28, or by a subsequent or superseding order, the governor's office said.

"The tide has turned, and we have seen a surge in cases across the state," Evers said in a Thursday news conference. "This virus doesn't care about any town, city our county boundary ... and it doesn't care if you're a Republican or a Democrat."

Mask Order Might Be Undercut

Earlier this month, Evers said he might be hamstrung at the state level after his statewide Safer At Home order did not survive a legal challenge brought before the Wisconsin Supreme Court by Republican lawmakers.

In a lawsuit brought before the court, the plaintiffs argued that Evers' order was an unconstitutional overreach of power.

>> Story: Evers 'Considering' State Mask Order, But Wary That Supreme Court Would Undermine It
>> Story: Wisconsin Supreme Court Strikes Down 'Safer At Home' Order

Evers countered by saying the court's ruling undercut his administration's ability to act during a public health emergency.

If the mask mandate is challenged in the Wisconsin Supreme Court, it maight not survive. The court currently has a 5-2 conservative majority until Aug. 1, when Judge Jill Karofsky is officially sworn in. That move would put the court at a 4-3 conservative majority.

Wisconsin Assembly Speaker Robin Vos hinted to a legal challenge.

“It’s disappointing that yet again Governor Evers has chosen to not communicate or work with the legislature. There are certainly constitutional questions here; I would expect legal challenges from citizen groups," he said in a statement. "Local governments have been responding appropriately and increasing precautionary measures as needed. But Wisconsin shouldn’t have a one-size-fits-all mandate. It doesn’t build public support when there are questions surrounding the metrics and the constitutionality of this mandate."

Coronavirus Spreading In Wisconsin

State officials say Wisconsin is seeing new and significant community spread and increases in cases of COVID-19, prompting the need for a new public health emergency declaration that involves a face mask provision.

"Wisconsin has experienced a drastic rise in COVID-19 cases throughout the entire state, with 61 of 72 counties representing 96 percent of the state’s population experiencing high COVID-19 activity," state officials said in a Thursday afternoon news release. "All regions of Wisconsin have high COVID-19 activity levels. This is a dramatic increase from where Wisconsin was in June, when only 19 of 72 counties were experiencing high COVID-19 activity."

Mask Requirements

Under the order, Wisconsin residents age 5 and older are required to wear a face mask when they are indoors or in an enclosed space, other than at a private residents, with anyone outside their family or living unit.

State officials said face masks also are strongly recommended if a person is outdoors where maintaining physical distancing is not possible.

The order also spells out exceptions to the requirement, listing activities such as when someone is eating, drinking or swimming. People with health conditions or disabilities that would preclude the wearing of a face mask safely are also exempt from the requirement.

>> A frequently asked questions document about the new order is available here.

“The data is what drives our decisions, and that data tells us we have significant community spread in Wisconsin and need to take statewide action,” Andrea Palm, DHS secretary-designee, said in a statement Thursday. “Community spread means that any interaction out in the community can mean exposure, and because people can spread COVID-19 without symptoms or even knowing they are sick, we need to take universal precautions in order for wearing face coverings to be effective.”