Continued Discussion Regarding Wisconsin's Mask Mandate

Thursday, February 4th, 2021 -- 11:03 AM

(AP) The Wisconsin Assembly plans to send the question of whether the state’s mask mandate issued by Gov. Tony Evers should be repealed back to the state Senate, which could vote later this month to end the order.

Meanwhile, with a possible repeal of the state’s mask order imminent, cities across the state moved this week to ensure they would have local restrictions in place.

The back and forth in the Republican-controlled Legislature comes after the Senate voted last week to repeal the Democratic governor’s order, despite overwhelming criticism and opposition from more than 50 organizations from the healthcare industry and beyond.

Not a single group registered in support. Opponents urged the Legislature to reconsider, noting that wearing masks is one of the most effective ways to slow the spread of the coronavirus.

The Assembly was poised to pass the mask repeal last week, despite the concerns, but pulled back after learning the move would result in the state losing about $50 million a month in federal food stamp money. That money goes to states only if they have emergency health orders in place.

Republicans in the Legislature contend that Evers’ overstepped his authority by issuing multiple public health emergencies, rather than having the Legislature vote to extend it after 60 days.

Repealing his health order would invalidate the mask mandate.  Evers could also issue a new order after the current one is repealed, forcing the Legislature to vote again to strike that down.

And a case is pending in the Wisconsin Supreme Court on whether Evers has the power to issue the emergency orders, which could resolve the issue and take it out of the Legislature’s hands.

Feel free to contact us with questions and/or comments.