Lawsuit Filed Against Gov. Evers' Mask Mandate

MADISON, WI—A lawsuit has been filed challenging Wisconsin Gov. Tony Evers' state mask mandate. The Wisconsin Institute for Law and Liberty (WILL) filed the lawsuit in Polk County Circuit Court on behalf of three Wisconsin residents against Evers for "violating state law by declaring a second public health emergency on July 30," according to a press release.

Evers declared a public health emergency on July 30 and issued an emergency order requiring people to wear face masks when indoors and not in a private residence, with some exceptions. 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.

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 private residences, with anyone outside their family or living unit.

The release said, "State law forbids a governor from unilaterally extending a public health emergency beyond 60 days or skirting the law by declaring multiple 60-day emergencies for the same crisis,"

Rick Esenberg, the institute's president and general counsel, said in the press release, “This lawsuit is not about whether masks are good or bad, or whether Wisconsin ought to do more, or less, to address COVID-19. It isn’t even about whether the state should have a mask mandate. This lawsuit is about our system of government and the rule of law. Governor Evers cannot seize these time-limited emergency powers more than once without legislative approval.”

Patch Editor Scott Anderson contributed to this report.