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EMERGENCY ORDER #1
Relating to preventing the spread of COVID-19 by requiring face coverings
in certain situations
WHEREAS, on July 30, 2020, I issued Executive Order #82, declaring a
public health emergency to combat the uncontrolled spread of COVID-19
throughout the State of Wisconsin;
WHEREAS, on July 26, 2020, the President's COVID-19 task force
recommended that Wisconsin consider adopting a statewide face covering
requirement due to the increasing number of confirmed COVID- 19 cases;
WHEREAS, face coverings are a proven, effective way to slow the spread
of COVID-19 without having a significant impact on people's day-to-day lives;
WHEREAS, the Centers for Disease Control (CDC) has called on
Americans to wear face coverings, with the CDC director stating, "[c]loth face
coverings are one of the most powerful weapons we have to slow and stop the
spread of the virus - particularly when used universally within a community
setting. All Americans have a responsibility to protect themselves, their families,
and their communities";
WHEREAS, published scientific research has shown that the probability
of transmission during exposure between a person infected with COVID-19 to an
uninfected person is 1 7.4 percent if face coverings are not worn, and 3.1 percent
if face coverings are worn;
WHEREAS, modeling by the University of Washington's Institute for
Health Metrics and Evaluation estimates that a face covering requirement in
Wisconsin could save more than 500 lives by October 1 if 95 percent of
Wisconsinites wear a face covering in public;
WHEREAS, states across the nation have recognized the importance and
effectiveness of face coverings, with 31 states implementing requirements for face
coverings in different settings, including: Alabama, Arkansas, California,
Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New
Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania ,
Rhode Island, Texas, Vermont, Virginia, Washington, and West Virginia;
WHEREAS, Wisconsin must do its part to stop the spread of COVID-19 in
the United States, which is leading the world in COVID-19 cases and deaths;
WHEREAS, COVID-19 is not only a threat to public health, but also to our
economy;
WHEREAS, widesprea d use of face coverings will slow the sprea d of
COVID-19, allowing Wisconsin's economy to move forward by making sure
businesses can stay open and jobs are available;

 WHEREAS, all Wisconsinites are called upon to join in the collective effort
to stop the devastating impact of COVID-19 by wearing a face covering, not
harassing or threatening Wisconsinites who wear a face covering, and showing
patience and compassion for those who are unable to wear a face covering safely;
WHEREAS, "Our Constitution principally entrusts '[t]he safety and the
health of the people' to the politically accountable officials of the States 'to guard
and protect."' S. Bay United Pentecostal Church v Newsom, 140 S. Ct. 1613,
(Mem)- 1614 (2020) (quoting Jacobson v. Massachusetts, 197 U.S. 11, 38 (1905));
WHEREAS, Section 323.12(4)(b) of the Wisconsin Statutes authorizes the
Governor to issue "such orders as he or she deems necessary for the security of
persons and property'' during an emergency; and
WHEREAS, based on input from state and local public health officials,
medical professionals, and business leaders, I have determined that a
statewide face covering requirement is necessary to protect persons throughout
the State of Wisconsin from COVID-19.
NOW, THEREFORE, I, TONY EVERS, Governor of the State of Wisconsin,
by the authority vested in me by the Constitution and the laws of this state, and
specifically Section 323.12 of the Wisconsin Statutes, hereby order the following:
1. DEFINITIONS.

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 traI').sit, ride-share vehicles, and
outdoor park structures.
b. "Face covering'' means a piece of cloth or other material that is
worn to cover the nose and mouth completely. 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.
c. "Physical distancing'' means maintaining at least six feet of
distance from other individuals who are not members of your
household or living unit.
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.
Face coverings are strongly recommended in all other settings, including
outdoors when it is not possible to maintain physical distancing.
3. EXCEPTIONS.

a. Individuals who are otherwise required to wear a face covering may
remove the face covering in the following situations:
1.
11.

While eating or drinking.
When communicating with an individual who is deaf or hard
of hearing and communication cannot be achieved through
other means.

 111. While obtaining a service that requires the temporary
removal of the face covering, such as dental services.
1v. While sleeping.
v. While swimming or on duty as a lifeguard.
v1. While a single individual is giving a religious, political,
media, educational, artistic, cultural, musical, or theatrical
presentation for an audience, the single speaker may remove
the face covering when actively speaking. While the face
covering is removed, the speaker must remain at least 6 feet
away from all other individuals at all times.
v11. When engaging in work where wearing a face covering would
create a risk to the individual, as determined by government
safety guidelines.
v111. When necessary to confirm the individual's identity,
including when entering a bank, credit union, or other
financial institution.
ix.

When federal or state law or regulations prohibit wearing a
face covering.

b. In accordance with CDC guidance, the following individuals are
exempt from the face covering requirement in Section 2:
1. Children between the ages of 2 and 5 are encouraged to wear
a mask when physical distancing is not possible. The CDC
does not recommend masks for children under the age of 2.
11.

Individuals who have trouble breathing.

111. In_d ividuals who are unconscious, incapacitated, or otherwise
unable to remove the face covering without assistance.
1v. Individuals with medical conditions, intellectual or
developmental disabilities, mental health conditions, or other
sensory sensitivities that prevent the individual from wearing
a face covering.
v. Incarcerated individuals. The Wisconsin Department of
Corrections shall continue to comply with COVID-19
protocols to ensure the health and safety of its staff and
individuals in its care. Local governments are strongly
encouraged to continue or create COVID-19 protocols to
ensure the health and safety of their staff and individuals in
their care.
4. LEGISLATURE AND JUDICIARY. State facilities or offices under the

control of the Wisconsin State Legislature or the Wisconsin Supreme
Court are exempt from this Order. The Wisconsin State Legislature and
the Wisconsin Supreme Court may establish guidelines for face coverings
that are consistent with the specific needs of their respective branches of
government.
5. PRESERVATION OF MEDICAL SUPPLIES. To conserve limited supplies

of N95 masks and other m edical-grade supplies, individuals are
discouraged from using such supplies as face coverings.
6. LOCAL ORDERS. This Order supersedes any local order that is less

restrictive. Local governments may issue orders more restrictive than this
Order.

 7. ENFORCEMENT. This order is enforceable by civil forfeiture of not more

than $200. Wis. Stat. § 323.28.
8. SEVERABILITY. If any provision of this Order or its application to any

person or circumstances is held to be invalid, the remainder of the
Order, including the application of such part or provision to other
individuals or circumstances, shall not be affected and shall continue in
full force and effect. To this end, the provisions of this Order are
severable.
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.
TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great seal of the State of Wisconsin to be
affixed. Done at the Capitol in the City of
Madison this thirtieth day of July in the
year of two t"and tw nty.

IN

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TO
EVERS
1
Governor