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Ex. WI-009 Order Primary source read

Emergency Order #1 (July 30, 2020), Relating to Requiring Face Coverings, §§ 2, 7

Statewide face-covering requirement for every individual age five and older indoors or in an enclosed space other than a private residence when persons outside the household are present; enforcement by civil forfeiture under § 323.28

Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #82 · Wisconsin (State)

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The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Stat. § 323.12(4)(b); Executive Order #82
Issued
2020-07-30 July 30, 2020
Effective
2020-08-01 12:01 a.m. (read as 2020-08-01)
End
2020-09-28 by its terms; superseded Sept. 22, 2020; the mandate ran without interruption to March 31, 2021 (Fabick v. Evers, 2021 WI 28, Ex. WI-021) (read as 2020-09-28)
In force
Aug. 1, 2020 to Sept. 28, 2020
Quarters
2020 Q32020 Q42021 Q1
Limitation types
Face-covering requirementWorkplace rulesOperating condition
Addressees
  • every individual age five and older in Wisconsin
  • businesses (enclosed spaces open to the public)
  • local governments
Functions reached
  • SF every room open to the public
  • OF every shared workplace room
  • DR/BA including outdoor service areas
  • TR transit, taxis and ride-share
  • FC/PE venues
  • WS worship (exception while speaking to a congregation)
Collection
Standing duties: Wisconsin DUT-WI

Operative words

1.a. 'Enclosed space' means a confined space open to the public where individuals congregate, including but not limited to outdoor bars, outdoor restaurants, taxis, public transit, ride-share vehicles, and outdoor park structures.... 2. FACE COVERING REQUIRED. Every individual, age five and older, in Wisconsin shall wear a face covering if both of the following apply: a. The individual is indoors or in an enclosed space, other than at a private residence; and b. Another person or persons who are not members of individual's household or living unit are present in the same room or enclosed space.... 6. LOCAL ORDERS. This Order supersedes any local order that is less restrictive. Local governments may issue orders more restrictive than this Order.... 9. DURATION. This Order shall enter into effect at 12:01 am on Saturday, August 1, 2020. This Order shall expire on September 28, 2020, or by a subsequent superseding emergency order.

Enforcement

Section 7: 'This order is enforceable by civil forfeiture of not more than $200. Wis. Stat. § 323.28.'

Notes

Section 3 exceptions: eating or drinking; communicating with the deaf; medical conditions; children under 5; work where a mask creates a safety risk under government guidelines; religious, cultural or political speech from a stage or podium; identification. Section 4 exempts Legislature and Supreme Court facilities.

Retrieval note

Fabick (Mar. 31, 2021) held the declarations of July 30 and Sept. 22, 2020 and Feb. 4, 2021 unlawful and the orders under them void (n.19); the mandate had by then been in force for eight months. Section 6 of each order: 'supersedes any local order that is less restrictive. Local governments may issue orders more restrictive than this Order.'.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.