MADISON, WI (WSAU) There are almost certain to be challenges to Governor Tony Evers’ mandatory mask order to fight COVID-19. Opponents are considering two possible strategies.
One would involve the legislature going into session and nullifying the order. It would require a simple majority in both the state senate and state assembly. The governor could not veto such a measure.
Senate Majority Leader Scott Fitzgerald says he has the votes within his Republican caucus to strike the emergency order down. He said in a written statement: “We stand ready to convene the body to end the governor’s order, which includes the mask mandate.” Assembly speaker Robin Vos, who also commands a large GOP majority in has chamber, hasn’t commented to a vote. He says he expects legal challenges from private groups, which could take weeks to work through the courts. Vos says he believes mask-wearing should be optional or up to county and local leaders.
The other possible challenge involves the emergency order itself. State law allows the governor to declare an emergency for up to 60 days, unless it is extended by the legislature. Governor Evers issued a COVID-19 order this spring, which expired in early June. Some argue that the current emergency order is illegal because it covers the same situation. The issue would likely be decided by the state Supreme Court, where conservatives have a 4-3 majority.
Rick Essenberg from the Wisconsin Institute for Law and Liberty said: “Given the fact that it’s time-limited, it is simply not an option for a governor to declare a new public health emergency arising from the same set of facts, in this case, the spread of COVID-19, and thereby evade the legal limit of 60 days.” Essenberg has not said publicly if WILL will challenge the order in court.
Governor Evers’ legal advisors say the emergency order does not include any criminal penalties, and cannot be challenges as an illegal law. Violators could face a forfeiture of up to $200. Many local law enforcement agencies have said they won’t enforce the mask requirement.
The Governor issued the the emergency order last Thursday, with the mask requirement taking effect on August 1st. It runs through September 28th.
