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Judge Rules in Favor of Mask Mandate

A Wisconsin judge has denied a lawsuit that sought to block the state’s mask order.


Wisconsin Institute for Law and Liberty (WILL) filed a lawsuit in Polk County Circuit Court on behalf of three state residents this summer, requesting temporary injunction of the governor’s order requiring face coverings in public spaces. WILL’s lawsuit also claimed the governor exceeded his authority by declaring two public health emergencies in a row.


Today, Judge Michael Waterman rejected the lawsuit. “Nothing in the statute prohibits the governor from declaring successive states of emergency,” wrote the judge. He also wrote, “if the legislature is unconvinced that a state of emergency does exist, the legislature has the ultimate power to terminate it.”


“Today’s ruling is a victory in our fight against COVID-19 and our efforts to keep the people of Wisconsin safe and healthy during this unprecedented crisis,” said Gov. Evers in a statement.


The Republican-led state legislature filed a brief in support of the lawsuit. Judge Waterman’s ruling is expected to be appealed.

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