Citing inaction by the state Legislature, a St. Croix County judge on Monday rejected a request by a conservative legal group for a temporary injunction against Gov. Tony Evers’ statewide mask mandate.
Judge R. Michael Waterman ruled that state law doesn’t prevent the governor from issuing a new executive order when emergency conditions, such as the ongoing COVID-19 pandemic, continue to exist. The Wisconsin Institute for Law and Liberty, which pledged to appeal the ruling, filed a lawsuit in August seeking to halt enforcement of the governor’s public health emergency declaration and accompanying mask order.
“The legislature can end the state of emergency at anytime, but so far, it has declined to do so,” Waterman said in a court document. “As the statewide representative body of the citizens of Wisconsin, the legislature’s inaction is relevant and it weighs against judicial intervention, especially when the requested intervention will have statewide impact.”
Shortly after the decision was announced, a Republican-led legislative committee that reviews agency actions ordered the state Department of Health Services to present the rules it relied on in issuing an order last week limiting the size of crowds at indoor venues, including bars and restaurants.
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