CAMPAIGN COMMITTEE FOR MELISSA MCCLINTICK issued the following announcement on July 31.
Amid mounting pressure from his own party, Gov. Tony Evers Thursday issued a statewide mask mandate -- the administration’s first broad order to combat the novel coronavirus pandemic since the Wisconsin Supreme Court struck down the Democrat’s stay-at-home order in May.
The move comes concurrently with a second public health emergency declaration from Evers, weeks after his initial one expired, that cited "a new and concerning spike in infections" from recent data.
Under the mask order, individuals over age 5 must wear face coverings indoors outside of their private residence and in spaces where people congregate, such as outdoor bars and restaurants, taxis and more, when around individuals outside of a person's immediate family, with a few exceptions.
While the directive doesn't require masks to be worn outdoors otherwise, it "strongly" recommends doing so whenever it's not possible to maintain physical distancing of at least 6 feet.
The order, which goes into effect Saturday, Aug. 1, comes as the balance of the Court is about to shift from a 5-2 conservative majority to 4-3, as liberal Jill Karofsky will be sworn in this weekend.
But Evers pushed back against assertions her ascendancy to the state's high court impacted the timing of the announcement, which is likely to draft a swift legal challenge.
"The virus is the issue, it’s not Jill Karofsky," he told reporters in a news conference. "We’ve been thinking about it, we’ve been following the date and we’ve looked at different ways of approaching this, and we believe the way we approached this has good legal standing and it just makes sense."
Statewide, the Department of Health Services Wednesday reported 61 of the state's 72 counties were seeing high levels of COVID-19 activity. DHS has logged 870 additional cases of the virus, bringing the state's total to 51,049.
The new mask order wouldn't require face coverings be worn when eating, drinking, sleeping, swimming, during dental procedures, while communicating with someone who is deaf or hard of hearing, or when an individual is giving a religious, political, media or other presentation for an audience. Individuals who have trouble breathing are also exempt.
Violators could be subject to a civil forfeiture of up to $200 under the directive, which expires Sept. 28.
Before Thursday’s announcement, many state Democrats pushed for a mask order. Sen. Chris Larson, D-Milwaukee, started a petition supporting such a mandate and told the Wisconsin State Journal he logged thousands of signatures in less than a day. And on Wednesday, U.S. Sen. Tammy Baldwin said Evers should look into issuing a mandate.
Evers has resisted a statewide order, saying repeatedly he was hamstrung by the court’s decision earlier this summer while voicing concerns that such a mandate would not withstand a legal challenge.
Earlier this month, he did require executive branch employees to wear masks when working inside state facilities.
Without a state order, local governments have stepped in. In addition to Dane County, which was the first in Wisconsin to mandate masks be worn in any indoor area outside of their own home, Milwaukee, Racine, Green Bay, Whitewater and Superior have all implemented their own while other cities have also considered doing so.
Meanwhile, more than half the states have issued mandates, including many of Wisconsin’s Midwestern neighbors: Minnesota, Michigan, Illinois, Indiana and Ohio. Iowa has not yet put one in place.
Wisconsin was also recently added to Chicago's travel advisory list after making an appearance on New York's, New Jersey's and Connecticut's listings. The designation means travelers from the state headed to those destinations have to self-quarantine for two weeks upon arrival.
While lawmakers could convene to pass legislation requiring masks be worn, Republican legislative leaders have said they oppose a statewide order.
Assembly Speaker Robin Vos said he anticipates a legal challenge from "citizen groups," but he didn't indicate whether he or Republicans would pursue action through the courts or legislation.
“Local governments have been responding appropriately and increasing precautionary measures as needed," the Rochester Republican said. "But Wisconsin shouldn’t have a one-size-fits-all mandate. It doesn’t build public support when there are questions surrounding the metrics and the constitutionality of this mandate."
But Senate Majority Leader Scott Fitzgerald, R-Juneau, said he is "gauging the interest of my caucus when it comes to voting down the order – the Legislature should be reconvening to look at this."
Daily COVID-19 cases decreasing with local mask order
Despite the previous lack of a statewide mandate, leaders have urged the public to wear masks, which Madison Mayor Satya-Rhodes-Conway called “the best tool” to prevent COVID-19.
“Anyone who cares about their community will be wearing a mask in public,” Rhodes-Conway said in a Thursday morning news conference ahead of the announcement.
Dane County residents should be familiar with mask requirements. Starting July 17, Public Health Madison & Dane County announced an order that required residents 5 and older wear face coverings when in businesses, health care settings and more, as well as when visiting another person’s home.
The order included exemptions for those who have physical, mental or developmental conditions that prevent them from wearing a mask. Restaurant diners have also not been compelled to wear a face covering.
These orders came about a week after the public health department saw a spike in COVID-19 cases, particularly ones contracted in bars and restaurants, and announced increased restrictions on those establishments.
The new state order supersedes any local order that's less restrictive, though it allows local officials to issue tighter regulations if they choose.
Local health education coordinator Christy Vogt said officials are reviewing the governor's order and would put out a public announcement if Dane County's directive were to change.
As of Thursday, 4,005 people have contracted COVID-19 in Dane County, and 35 have died from it, according to Public Health Madison & Dane County. Janel Heinrich, director of the public health department, said daily case counts are decreasing, and compliance with the local mask mandate has been strong overall.
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