WILL urges court to block Evers' mask mandate immediately

Published: Sep. 28, 2020 at 3:32 PM CDT
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MADISON, Wis. (WMTV) - The Wisconsin Institute for Law & Liberty filed a motion for an immediate injunction Monday in the Polk County Circuit Court, asking a judge to render Gov. Evers extended emergency declaration and mask mandate “invalid and void”.

WILL argued that Gov. Evers “represents a gross abuse of power” by continuing the COVID-19 emergency orders.

WILL filed a lawsuit on Aug. 25 on behalf of three Wisconsin residents to challenge the governor’s ability to use emergency orders more than once for the same crisis.

The motion was scheduled to go before a judge at 3:00 p.m. on Oct. 5 and will be handled by St. Croix County Circuit Court Judge Michael Waterman. WILL noted the St. Croix County judge is handling the case because both Polk County judges recused themselves.

If Waterman grants the injunction, then Gov. Evers' emergency declaration could be struck down while the case is under consideration.

Gov. Evers declared a state of emergency on March 12, which expired on May 11. The governor then declared a second state of emergency July 30 to extend the order for 60 days. The mask mandate was set to end on Monday, but Gov. Evers extended the emergency declaration again on Sept. 22 for 60 more days.

Evers defended his third extension of the emergency declaration, saying the state has moved into a “new and dangerous” phase of its battle against COVID-19, as the spread of the virus has seen an “alarming increase… especially on campus.”

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