Wisconsin Supreme Court Takes Up Challenge To COVID-19 Mask Orders

MADISON, Wis.—A long-simmering dispute is headed to the Wisconsin Supreme Court over the frequent use of local health department mask mandates in an attempt to prevent the spread of the SARS-CoV-2 virus in Wisconsin’s capital city and county. The high court granted a motion from the Wisconsin Institute for Law & Liberty (WILL) and its clients to bypass the Wisconsin Court of Appeals directly to the Wisconsin Supreme Court. The plaintiffs in the lawsuit against Dane County argue that the county health director has no powers to order mask mandates or set rules about public gatherings in an effort to control COVID-19. “This case presents the court with an opportunity to clarify that local health officers cannot unilaterally issue orders that restrict daily life without approval from a legislative body,” said Luke Berg, deputy counsel for the Milwaukee-based WILL. “The Dane County Board cannot pass the buck and allow an …  » Read full article