MADISON, WI (WTAQ-WSAU) — The state mask mandate is over.
The Wisconsin Supreme Court struck down the mandate Wednesday morning in a 4-3 ruling, dealing a serious legal blow to Democratic Governor Tony Evers’ legal efforts to continue and expand the mandate.
The court ruled that public health emergency declarations are valid for 60 days, and can’t be extended without legislative approval. The majority opinion was written by Justice Brian Hagedorn, which said “The question in this case is not whether the Governor acted wisely; it is whether he acted lawfully. We conclude he did not.”
State law gives the Governor the power to declare public health emergencies, but only for 60 days. After that approval from the state legislature is required. Evers had issued new emergency orders for COVID-19 four times as earlier orders were about to expire.
The ruling does not impact local orders, mandates, or resolutions implemented by counties or municipalities. That includes a mask resolution that was put in place by the city of Wausau last fall and has since been extended to May 31st.
The city of Stevens Point is also reminding residents that the ruling does not impact their face-covering mandate for all city-owned buildings. That requirement does not extend to private businesses.
The City of Merrill has a face mask requirement declared by Mayor Derek Woellner in a Facebook post. In a post, the mayor says face coverings are required in all public areas within city facilities until May 26.
RELATED: City Council Approves Mask Resolution Extension to May
Evers released the following statement regarding the decision: “Since the beginning of this pandemic, I’ve worked to keep Wisconsinites healthy and safe, and I’ve trusted the science and public health experts to guide our decision making. Our fight against COVID-19 isn’t over—while we work to get folks vaccinated as quickly as we can, we know wearing a mask saves lives, and we still need Wisconsinites to mask up so we can beat this virus and bounce back from this pandemic.”
The state’s high court heard arguments in the case in November and took nearly five months to issue its ruling. While the case was pending, the GOP-controlled legislature voted down the Governor’s emergency health order. Evers’ re-issued the same order a few hours later.
