Lawsuit Asks Wisconsin Supreme Court To Block Evers' Mask Order

MADISON, WI — A lawsuit filed late Tuesday by a prominent Republican donor challenges the mask mandate put into place last week by Gov. Tony Evers. The governor issued a new order after the Wisconsin legislature voted down a previous edict that requires residents to wear face-coverings in public.

Jere Fabick is seeking a temporary injunction from the court, which would block the governor’s latest mandate, which is scheduled to run through March 20. Evers issued the mandate on Feb. 4 after the GOP-controlled legislature voted to repeal a previous order. Republicans maintain that the governor does not have the authority to issue multiple emergency orders that are associated with the ongoing coronavirus pandemic.

The governor has included mask mandates with each emergency order he issues.

Fabick previously filed a lawsuit with the Supreme Court, which also challenges Evers’ authority as it relates to issuing multiple emergency orders that are tied to the same event. Both Fabick and the Legislature argue that Evers must obtain legislative approval to extend a public health emergency beyond 60 days if it is tied to the same event, the Associated Press reported.

In the filing Tuesday, Fabick’s lawsuit is asking the Supreme Court to take immediate action to stop Evers’ latest mandate. The court has yet to rule on the previous suit that was filed seeking to limit the governor’s authority to issue such orders.

The Associated Press reported that almost 60 organizations are opposed to repealing the mask order. Those groups include hospital representatives, doctors, nurses, school administrators, unions, front line workers, churches and other organizations.

Fabick is the president of Caterpillar equipment and has donated more than $350,000 to Republican or conservative candidates between 1994 and 2020, the AP reported. He is also an advisor and board member of the Heartland Institute.

According to data from state health officials, Wisconsin’s number of confirmed coronavirus cases have continued to trend downward since November. The state’s rolling seven-day average of cases was the lowest it has been in five months when data was released on Tuesday. On Monday, Wisconsin’s seven-day average for positive tests was just 4.1 percent in comparison to mid-November when the average reached an all-time high at 17.8 percent. On Tuesday, the state reported 681 new confirmed cases and 39 new deaths across Wisconsin.

The Associated Press contributed to this report.