State Supreme Court refuses to take up mask challenge

 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 State Journal reported.

The Wisconsin Institute for Law and Liberty challenged the mask mandate in a lawsuit on behalf of Sun Prairie resident Bryant Stempski against Dane County and Madison, their joint public health department, and the department’s director, Janel Heinrich, asking the court to “declare the relevant county and city ordinances unconstitutional.”

Under Dane County’s order, everyone age 2 and older must wear a face covering when in any enclosed space open to the public where other people, except for members of the person’s own household, could be present. The mandate remains in effect until Sept. 16.