A circuit court judge has denied a lawsuit against Wisconsin Gov. Tony Evers to overturn a mask mandate in the state, according to a court filing obtained by CNN.
Three people had sued to challenge Evers' authority to issue the order, declaring a public health emergency. They said in the filing that he "exceeded his statutory authority" by declaring an emergency three different times in relation to the Covid-19 health crisis.
By state law, the governor is allowed to issue a public health emergency for up to 60 days, unless extended by the state legislature. In his ruling, Judge R. Michael Waterman said that the statute does not prohibit Evers from declaring successive states of emergency and that it allows for a declaration if it has been determined by the governor that a public health emergency exists.
Waterman also said in his ruling that if the legislature "is unconvinced that a state of emergency does exist," then they have the power to terminate it. He wrote that the legislature has declined to end the state of emergency.
He said that a temporary injunction against the order would affect everyone in the state and goes beyond the private interest of the plaintiffs.
The Wisconsin Institute for Law and Liberty said in a statement posted on Twitter that they "look forward to making an appeal on this critical constitutional matter."