Gov. Tony Evers' statewide mask mandate overcame a hurdle Monday when St. Croix County judge R. Michael Waterman declined a conservative legal firm's request to end the mask mandate.
The firm, Wisconsin Institute for Law and Liberty (WILL), sought to strike down the mask mandate via a lawsuit filed on behalf of two Polk County residents and one St. Croix County resident.
The lawsuit suggested Gov. Evers didn't have the authority to enact the second emergency order that included the mask mandate in early August or the third order that extended the mask mandate through Nov. 21. According to state statutes related to the governor's ability to declare emergencies, a state of emergency expires after 60 days. The lawsuit was backed in court by state Republican lawmakers.
In the ruling, Judge Waterman wrote that the governor can and should reevaluate the status of the emergency after 60 days and they have the ability to issue a new emergency order if needed:
"When an executive order ends after 60 days, it forces the governor, before issuing another order, to reexamine the situation and publicly identify existing, present-day facts and circumstances that constitute a public health emergency. The 60-day limit provides an important check against run-away executive power, but it does not prevent the governor from issuing a new executive order when the emergency conditions continue to exist."
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Further, Judge Waterman added that if the legislature feels there is no longer an emergency, they have the power to terminate the mask mandate through a joint resolution.
For months, GOP legislative leaders have done nothing to help in the state's fight against the spread of COVID-19 and have instead actively fought against the Evers administration starting when they sued to overturn the "Safer at Home" order in May.
“Today’s ruling is a victory in our fight against COVID-19 and our efforts to keep the people of Wisconsin safe and healthy during this unprecedented crisis,” said Gov. Evers. “As the number of COVID-19 cases in Wisconsin reached 150,000 yesterday, we will continue doing everything we can to prevent the spread of this virus. We ask Wisconsinites to please stay home as much as possible, limit travel and going to public gatherings, and wear a mask whenever out and about.”
Rick Esenberg, president and general counsel of WILL, said in a statement that the law firm plans to appeal the decision.
The issue will likely eventually make its way to the state Supreme Court, which previously ruled to strike down the governor's emergency order that included "Safer at Home."
However, the makeup of the state Supreme Court has changed since that original ruling in May. Justice Jill Karofsky replaced conservative Justice Daniel Kelly. The May ruling was a 4-3 decision with conservative Justice Brian Hagedorn sided with the liberals.
