WI: Mask Mandate Targeted by Another Conservative Lawsuit

Revolt! 0 Comments 10/17/2020 

Aims to overturn Gov. Tony Evers‘ statewide mask mandate

- October 16, 2020

As COVID-19 cases continue to shatter records in Wisconsin, a conservative activist has filed another lawsuit that aims to overturn Gov. Tony Evers‘ statewide mask mandate.

The challenge comes as a top Republican said state lawmakers have no plans to repeal the governor’s order themselves.

The latest lawsuit was filed directly with the Wisconsin Supreme Court by Jeré Fabick, a policy adviser and board member for the conservative Heartland Institute. Fabick filed a lawsuit earlier this year challenging the Evers administration’s “Safer at Home” order.

Fabick’s latest lawsuit argues that Evers exceeded his authority when he issued multiple public health emergencies this year to deal with the COVID-19 pandemic.

“There is no question that the pandemic has had a significant impact on the State of Wisconsin, or that COVID-19 has been an ongoing problem in Wisconsin since at least February 2020,” Fabick’s lawsuit reads. “But the existence of a crisis does not give the government unlimited authority to act in violation of the law.”

Fabick’s lawsuit is at least the third filed against recent public health orders issued by Evers and Andrea Palm, the governor’s secretary of the Wisconsin Department of Health Services.

Evers issued the mask mandate using a state law that gives governors the power to order 60-day public health emergencies in Wisconsin. It’s different than the law his administration used earlier this year to issue its “Safer at Home” order, which was struck down in May by the Wisconsin Supreme Court.

In addition to Fabick’s challenge, the conservative Wisconsin Institute for Law and Liberty (WILL) filed a lawsuit in Polk County Circuit Court seeking to block the governor’s order. But Judge Michael Waterman upheld the governor’s order, ruling that there was nothing in state law that prevented a governor from issuing multiple public health orders for the same pandemic.

WILL has promised to appeal Waterman’s ruling. Fabick’s lawsuit, if it’s accepted by the Wisconsin Supreme Court as an “original action,” would skip the usual appeal process and let justices her the case directly.

The fight over the mask mandate is separate from the statewide restrictions on public gatherings issued by the Evers administration last week. The Tavern League of Wisconsin sued over those restrictions and a Sawyer County judge blocked them this week.

The bombardment of lawsuits comes as Wisconsin continues to break COVID-19 records.

On Friday, the DHS reported a new single-day record for COVID-19 cases (3,861), a new record for the seven day average of cases (3,052) and a new record for the number of people hospitalized for COVID-19 (1,101).

Evers, who has been sharply critical of the GOP lawsuits to limit his power, took his case to the airwaves Friday as his campaign announced a new six-figure ad buy attacking Republicans for their response to the pandemic.

“Republicans are playing politics with our pandemic response, but Gov. Tony Evers is taking action,” announced the ad’s narrator.

Because a recall effort has been launched against the governor, he’s allowed to raise unlimited funds for his campaign.

Senate Majority Leader Scott Fitzgerald, R-Juneau, blasted the ad, saying it “shamelessly exploits the COVID crisis.”

“As Governor of the State of Wisconsin, attempting to lay the responsibility for pandemic response at the feet of the legislature simply demonstrates Tony Evers’ poor leadership of an administration more focused on politics than on coming together for meaningful reform,” Fitzgerald said in a statement.

At the same time, Assembly Majority Leader Jim Steineke, R-Kaukauna, said Friday that lawmakers have no plans to come back to Madison to override the governor’s emergency orders.

“No, I mean we’re focused on just making sure that the rule of law is upheld and making sure that at the end of the day that the governor is following the law,” Steineke told PBS Wisconsin.

When Waterman upheld the governor’s mask order last week, part of the reason he gave was that the Legislature had not voted to repeal the order, even though it had the power.

“The legislature can end the state of emergency at anytime, but so far, it has declined to do so,” Waterman said at the time.

New Lawsuit Filed Against Evers’ Mask Mandate was originally published by Wisconsin Public Radio.


Association of American Physicians and Surgeons

Definitive study establishes conclusively not only that masks don't work, but WHY.
Category: Published Studies: Masks are INEFFECTIVE
curated by Marilyn M. Singleton, M.D., J.D. – September 26, 2020IntroductionCOVID-19 is as politically-charged as it is infectious. Early in the COVID-19 pandemic, the WHO, the CDC and NIH’s Dr. Anthony Fauci discouraged wearing masks as not useful for non-health care workers. Now they recommend wearing cloth face coverings in public setting...  READ MORE
- Fielden Nolan (nolanf),  10/18/2020 
   - October 06, 2020[Open the link above to to view the charts which reveal there is no correlation (or "clear science") behind the use of masks and rates of "infection".] Excerpt:In case it isn’t obvious, these charts fail to show any correlation between mask mandates (which presumably increase the wearing of masks) and reductions in COVID-19 infections. If you l...  READ MORE
- Fielden Nolan (nolanf),  10/07/2020 
   From: July 10, 2020The ADA and Small Business: Frequently Asked Questions About Face Mask Policies and Serving Customers with Disabilities.The Great Plains ADA Center has received many questions regarding face mask policies and the ADA from the business community. We have collected a summary of these questions and our...  READ MORE
- Fielden Nolan (nolanf),  10/02/2020 
   [Dr. Ted Noel, MD: These studies reaveal the CDC has  "found no evidence that masks had any effect on transmission of airborne diseases, in particular H1N1 flu, which is spread the same way that SARS-CoV-2 is spread. Even when they lumped the fourteen studies together in a 'meta-analysis,' they still struck out." (source)]Volume 26, Number 5—May 2020Policy ReviewN...  READ MORE
- Fielden Nolan (nolanf),  09/29/2020 
   From:[Note: this is not a study.  There are no references to any studies. This undated article, often referenced as proof that masks are effective, does not state that cloth masks are effective against the spread of the Coronovirus at all.  It contains obvious contradictions with c...  READ MORE
- Fielden Nolan (nolanf),  09/29/2020 
   From: July 7, 2020The following are the references provided by the CDC as "Evidence for Effectiveness of Masks" (source)  Each one of these studies are not actually studies using the scientific method, but are instead mathematical or simulated representations of t...  READ MORE
- Fielden Nolan (nolanf),  09/01/2020 
   From: August. 7, 2020CDC recommends that people wear masks in public settings and when around people who don’t live in your household, especially when other social distancing measures are difficult to maintain.Masks may help prevent people who have COVID-19 from spreading the vi...  READ MORE
- Fielden Nolan (nolanf),  09/01/2020 
   - August 13, 2020From for transmission of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) to close contacts of infected persons has not been well estimated.Objective:To evaluate the risk for transmission of SARS-CoV-2 to close contacts in different settings.Design:Prospective cohort study.Setting:Close contacts of pe...  READ MORE
- Fielden Nolan (nolanf),  08/20/2020 
   For the PDF version of this report, click here.Executive summary: In the first few months of the pandemic, there was scientific uncertainty about the usefulness of public masking. Conflicting guidance was given by several official sources1–4.There is now convincing evidence from multiple controlled experiments5–7 and field observations8–14 that wearing masks r...  READ MORE
- Fielden Nolan (nolanf),  08/20/2020 
   Download attachment below.This document provides a high-level summary of CDC ' s sequential steps for increasing COVID - 19 surveillance in the U .S ., building on existing influenza and other surveillance systems. The total estimated funding level is $ 100million for year one , of which $ 50million should be available to CDC immediately and the remainder should bemade available within two mon...  READ MORE
- Fielden Nolan (nolanf),  08/15/2020 

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