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Who can require the use of face coverings in Wisconsin?

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Posted at 1:56 PM, Aug 03, 2021
and last updated 2021-08-03 19:10:00-04

GREEN BAY (NBC 26) — Since the CDC now recommends people wear face coverings indoors regardless of vaccination status in covid hot spots, some groups contemplate implementing a mask requirement. So who has the authority to do so?

The Wisconsin Supreme Court struck down Gov. Tony Evers' ability to issue repeated emergency declarations related to the COVID-19 pandemic and ended the statewide mask mandate on March 31.

Under state law, only the state Legislature can extend public health emergencies, which expire after 60 days. This means Evers can no longer issue a statewide mask mandate.

During a press conference Tuesday at Hinterland Brewery, Evers said the Supreme Court has "tied our hands around that."

"We will rely on people to do the right thing. Obviously, people in different counties will follow the advice of the CDC and I'll do it to the best of my ability," Evers said. "People are taking this seriously, and so I think there will be enough folks masking up if they need to be. But at the end of the day, this is solvable folks: We can solve it by getting shots and that's important."

Meanwhile, counties, local municipalities, and private companies are allowed to issue face-covering requirements.

Green Bay Mayor Eric Genrich said the city hasn't recently discussed mask requirements. He said city leaders recommend people wear masks in public places based on the latest information from Brown County public health officials and the CDC.

"Most importantly people just need to talk to their physician or primary care providers about getting a vaccination," Genrich said. "These masks are a mitigation strategy. They're not a solution. The vaccine is the solution to get us out of the pandemic. So people really need to have that conversation."

Health officials from Brown County Public Health, the De Pere Health Department, and the Oneida Nation Health Department recommended the use of masks while indoors in a joint press release Monday.