State High Court Declines to Block Mask Mandate
Won’t bypass lower courts, as asked, to overrule Dane County mask order.
On Friday, the high court denied a motion by the Wisconsin Institute for Law & Liberty to bypass lower courts in hearing the lawsuit, filed on behalf of a Sun Prairie resident. The order also denied a temporary injunction to block the mask mandate.
The mask order from Janel Heinrich, director of Public Health Madison & Dane County, took effect Thursday, Aug. 19 and remains in effect for 28 days. The order was issued in response to increasing cases of COVID-19 in the county. Infections from the coronavirus have been increasing, both due to spread of the delta variant of the virus, which is much more easily transmitted, and due to a large, although shrinking, population of unvaccinated people in the county as well as in Wisconsin as a whole.
The order cites state public health law, which requires local public health officers to “promptly take all measures necessary to prevent, suppress and control communicable diseases.” The purpose of the mask requirement was to help control the spread of the virus so that infections stopped rising, public health officials said.
“The petition before the court addresses pervasive, fundamental, statutory, and constitutional concerns that should be resolved by our court,” Zeigler wrote in her dissent. “I would not dodge that responsibility.”
Meanwhile, the Cap Times has reported that a Dane County Board member has launched an effort to roll back the mask mandate until it could be debated by the public and by the board.
State’s highest court rejects attempt to block Dane County mask ordinance was originally published by the Wisconsin Examiner.
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