MADISON, Wis. (SPECTRUM NEWS) – The Wisconsin Institute for Law & Liberty (WILL) announced Tuesday morning it filed a lawsuit, on behalf of three western Wisconsin residents, in Polk County Circuit Court against Gov. Tony Evers for declaring a second public health emergency on July 30. 

What You Need To Know

  • Gov. Evers issued Executive Order #82 on July 30, ordering a mask mandate applying to all 72 counties

  • A conservative law firm filed a lawsuit this week arguing the mask mandates should be ended immediately because Gov. Evers lacked the legal authority to order it since an initial public health emergency declared in March expired after 60 days

  • The lawsuit filed in Polk County Circuit Court could make it to the Wisconsin Supreme Court, which previous stuck down the Evers administration's 'Safer at Home' order, but did not address the governor's power to issue public health emergencies

The lawsuit is the first legal challenge to the governor's statewide mask order which was issued on July 30, went into effect on August 1, and is set to expire on September 28. The order requires everyone age 5 and older to wear a mask while indoors, expect at home.

The lawsuit argues Gov. Evers used time-limited emergency powers more than once without legislative approval.

“This lawsuit is not about whether masks are good or bad, or whether Wisconsin ought to do more, or less, to address COVID-19,” Rick Esenberg, WILL President and General Counsel, said. “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.”

The lawsuit says state law prohibits a governor from extending a public health emergency beyond 60 days or declaring multiple 60-day emergencies for the same crisis.

Gov. Evers' initial 60-day public health emergency, declared after the sudden arrival of COVID-19 in March, ended on May 11.

The legislature could have extended the emergency order and expanded executive powers but declined to take any action.

“Republicans and their allies have tried at every turn to prevent the governor from keeping Wisconsinites healthy and safe,” Britt Cudaback, a spokeswoman for Gov. Evers, said. “From safer at home to the April election and now masks, they’ve filed more lawsuits than they have passed bills during this pandemic. We know requiring masks and face coverings will help us save lives, and Gov. Evers will continue listening to science and public health experts in making the best decisions for the people of our state.”

WILL’s lawsuit argues the governor cannot seize emergency powers more than once to address the same crisis. If the law is interpreted otherwise, according to WILL, it would allow the governor to use the statutory definition of a “public health emergency” or “disaster” to issue rules an unlimited amount of times.