Skip to content
The COVID Project
  1. Library
  2. Milwaukee and Madison
  3. MET-MKE-023

Ex. MET-MKE-023 Order Primary source read

Face Covering Emergency Order (posted as Emergency Order #17)

Face Covering Emergency Order

Janel Heinrich, Public Health Officer of Madison and Dane County · Dane County and City of Madison, Wisconsin (County)

The COVID Project

The record

Jurisdiction
Dane County and City of Madison, Wisconsin · Milwaukee and Madison · Wisconsin
Level
County
Authority
Wis. Stat. § 252.03(1), (2) and (4)
Issued
2021-08-17 Aug. 17, 2021
Effective
2021-08-19 12:01 a.m. (read as 2021-08-19)
End
2021-09-16 12:01 a.m. as written; superseded September 10, 2021 by Face Covering Emergency Order #2 (read as 2021-09-16)
In force
Aug. 19, 2021 to Sept. 16, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementWorkplace rules
Addressees
  • every individual age two and older
  • every business and organization operating an enclosed space open to the public
Functions reached
  • SF sales floors, DR dining rooms, FC fitness facilities, WS worship, OF offices open to the public (universal indoor masking)
  • EMP employer rules (posting, enforcement on premises)
  • CB customer base
  • WF workforce
Collection
Milwaukee and Madison MET-MKE

Operative words

Face Covering Required. Every individual, age two (2) and older, shall wear a face covering when: i. In any enclosed space open to the public where other people, except for members of the person's own household or living unit[, could be present]... This Order shall become effective Thursday, August 19, 2021 at 12:01 a.m. This Order shall remain in effect until September 16, 2021 at 12:01 a.m.

Enforcement

Wis. Stat. § 252.03; Dane County Ordinance § 46.40 and Madison General Ordinance forfeitures (Becker v. Dane County, 2022 WI 63, upholding the health officer's authority to issue and enforce such orders)

Notes

Recites the Delta-variant case increase of 382 percent between July 19 and August 12, 2021 and CDC guidance for areas of substantial or high transmission. In force July 1 to Sept. 30, 2021 window: Aug. 19 to Sept. 10, 2021 (then Order #2).

Retrieval note

Litigation: Becker v. Dane County, No. 2021AP1382 (circuit court denied a temporary injunction; Supreme Court affirmed July 8, 2022).