State Supreme Court Refuses To Take Up Mask Challenge

Court Ruled 4-3 Friday Afternoon

A sign advises shoppers to wear masks outside of a store 
A sign advises shoppers to wear masks outside of a store Monday, July 19, 2021, in the Fairfax district of Los Angeles. Los Angeles County has reinstated an indoor mask mandate due to rising COVID-19 cases. Marcio Jose Sanchez/AP Photo

The Wisconsin Supreme Court has declined to take up a conservative legal group’s challenge to Dane County’s mask mandate.

In a 4-3 ruling issued Friday afternoon, the court refused to exercise its own jurisdiction over the recent public health order, instead leaving it up to the state’s lower courts to consider any future legal challenges first.

The Wisconsin Institute for Law and Liberty challenged the mask mandate in a lawsuit on behalf of Sun Prairie resident Bryant Stempski.

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Under Dane County’s order, everyone age 2 and older must wear a face covering when in any enclosed space open to the public.