WI Public Health Emergency and Statewide Mask Mandate

On July 30, 2020, Governor Evers released two Executive Orders: Executive Order #82 declares a Public Health Emergency through September 28, 2020; Emergency Order #1 mandates face coverings statewide starting August 1, 2020. Please also see Frequently Asked Questions to clarify the mask mandate.

Individuals ages 5 and older will be required to wear face coverings in all indoor or enclosed spaces, other than their private residences, and when others who are not members of the individual’s household or living unit are in the same room or enclosed space. The Order also encourages individuals to wear masks “in other settings, including outdoors when it is not possible to maintain physical distancing.” Emergency Order #1 provides the following clarifying definitions:

  • Enclosed space” is defined as “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.”
  • Face covering” is defined as “a piece of cloth or other material that is worn to cover the nose and mouth completely.” Further, the Order notes that “[a] ‘face covering’ includes but is not limited to a bandana, a cloth face mask, a disposable or paper mask, a neck gaiter, or a religious face covering. A ‘face covering’ does not include face shields, mesh masks, masks with holes or openings, or masks with vents.”
  • Physical distancing” is defined as “maintaining at least six feet of distance from other individuals who are not members of your household or living unit.”

Individuals do not need to wear face coverings:

  • at a private residence with only the members of their household or living unit;
  • outside when able to physically distance;
  • indoors when no one else is present in a room or enclosed space;
  • when eating or drinking;
  • when in a car alone or with members of their household or living unit;
  • when communicating with someone who is deaf or hard of hearing, and communicating while wearing a mask is not possible;
  • while sleeping;
  • while swimming or being on duty as a lifeguard;
  • when giving a religious, political, media, educational, artistic, cultural, musical, or theatrical presentation for an audience, so long as there is at least 6 feet between the presenter and other individuals;
  • when working if wearing a face covering poses a safety risk, as determined by government safety guidelines or regulations;
  • when there is a need to temporarily remove a face covering to confirm identity, such as entering a bank, credit union, or other financial institution or when having to show that they match their identification card when buying alcohol;
  • when engaging in activities where federal or state law or regulations prohibit wearing a face covering.

Emergency Order #1 also notes exemptions from the mask mandate in the following circumstances:

  • children under the age of 2, but children between the ages of 2 and 5 are encouraged to wear face masks when physical distancing is not possible;
  • individuals who have trouble breathing;
  • individuals who are unconscious, incapacitated, or otherwise unable to remove the face covering without assistance;
  • individuals with medical conditions, intellectual or developmental disabilities, mental health conditions, or other sensory sensitivities that prevent the individual from wearing
    a face covering. Of note, in such instances, individuals are not required to carry and provide documentation supporting such conditions and inability to wear a mask; and
  • incarcerated individuals.

Emergency Order #1 will be enforced by local and state officials, with violations possibly resulting in civil fines up to $200.
Please keep in mind that Dane County and other local mask mandates also remain in effect.
The Lake Effect team will continue to monitor important COVID-related updates such as these from federal, state, and local authorities. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Milwaukee Cares Mask Ordinance Effective July 16, 2020

Building Owners and Operators Responsible for Ensuring Compliance

Effective tomorrow, July 16, 2020, the Milwaukee Cares Mask Ordinance will require Milwaukee residents age 3 and older to wear face coverings in indoor public places and outside whenever they are within 6 feet of other people who do not live in their households. The ordinance provides some exceptions, including for:

  • children under the age of 3
  • persons with certain health conditions or disabilities
  • persons obtaining or rendering services such as dental services or medical treatments, where it is not feasible to wear face coverings
  • persons whose religious beliefs prevent them from wearing face coverings
  • persons present in government facilities closed to the public, institutions of higher education, and other public and private schools or childcare facilities that have a mitigation strategy approved by the Commissioner of Health
  • circumstances where it is necessary to verify an individual’s identity

The Milwaukee Cares Mask ordinance is unique in that it holds building owners and operators responsible for ensuring compliance. Any building owner or operator who permits a person to violate the ordinance in their public building is subject to fines of $50-$500 and may face license revocation or closure by the Milwaukee Health Department, which is charged with enforcing the ordinance. The ordinance also specifies that a building owner/operator has the right to refuse entry or service to any person who fails to comply with the face covering mandate.

Dane County’s mask mandate requiring that all individuals 5 and older wear face coverings in every indoor space has been in effect since July 13, 2020. See our blogs on PHMDC Emergency Order #8 for specifics on that mandate.

The Lake Effect team will continue to monitor important updates such as these from counties across the state. Please keep watching for blogs and emails from us for important legal updates and HR best practices. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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