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Lawsuit Against Wisconsin Governor's Statewide Mask Mandate

Wednesday, August 26th, 2020 -- 8:07 AM

(AP) -Wisconsin’s statewide mask mandate issued by Gov. Tony Evers should be immediately ended because the governor did not have the legal authority to order it, three western Wisconsin residents represented by a conservative law firm argue in a lawsuit filed Tuesday.

The lawsuit is the first legal challenge to the mask order Evers issued as a way to slow the spread of the coronavirus after cases began to spike again in mid-June. Evers issued the order on July 30 and it took effect Aug. 1. It is set to run until Sept. 28. The order requires everyone age 5 and older to wear a mask while indoors, except at home. Violators could be fined $200. Two Polk County residents and one in St. Croix County filed the Wisconsin lawsuit. They are represented by the conservative law firm the Wisconsin Institute for Law and Liberty.

The lawsuit contends that the legal challenge is about Evers’ authority, not whether the state should take steps to slow the spread of COVID-19 or whether there can be a mask mandate. If Evers wanted to enact a mask mandate, he could have done so with the Legislature’s approval, not by issuing an executive order, said Rick Esenberg, president of the law firm bringing the challenge.

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