Sheriff, chief say they will not enforce mask law

Local law enforcement officials say they will not enforce Gov. Tony Evers’ statewide mask mandate to combat the spread of the Covid-19 virus.

“The Ozaukee County Sheriff’s Office will not be investigating violations of the governor’s statewide face covering mandate,” Sheriff Jim Johnson said in a brief Facebook post Saturday that generated hundreds of comments, some of them criticizing Johnson for his decision, others praising him.

“It’s incredibly disturbing that this department is openly picking and choosing which mandates and laws they will uphold.” one comment said.

“Amen! I knew we had some common sense in our County! I believe you have more important tasks at hand,” said another.

Johnson said the announcement was a continuation of one he made in May when Gov. Tony Evers’ Safer at Home order was in effect, just before it was reversed by the state Supreme Court.

Saturday’s post, he said, was made because his office was already being swamped with calls of people violating Evers’ statewide mask mandate, which went into effect on Saturday. 

“My office was getting inundated with questions. There was a need to come out with a statement,” Johnson said in an interview. 

He said the mask order is being observed in his office and by his deputies, although they at times must remove their masks to communicate clearly over radios, he said.

Port Washington Police Chief Kevin Hingiss released a similar statement on Friday, July 31.

“The order, as written presents significant challenges to enforcement and is open to different interpretations,” Hingiss wrote in his press release. “Because of the legal difficulties with the order, and our limited staffing, if you see someone not wearing a mask, we ask that you do not contact the Port Washington Police Department’s Office.”

Both Hingiss and Johnson urged the public to voluntarily comply with Evers’ order and take other precautions to combat the spread of the Covid-19 virus.

“The virus is real and we need to make sure we protect one another,” Johnson said. “I haven’t wavered from that position.”

Sheriffs around the state have issued similar statements saying they will not enforce the governor’s order, including those in Brown, Fond du Lac, Dodge, Walworth and Washington counties. 

Some say they oppose the order on constitutional grounds, saying Evers overstepped his authority.

Evers’ order requires everyone ages 5 and older to wear a face mask when inside any enclosed space open to the public, including outdoor bars and restaurants, public transit and outdoor park structures. There are exceptions. The order expires Sept. 28.

Violations of the mask order carry a potential fine of $200. 

Attorney General Josh Kaul’s office told law enforcement agencies Friday that any intentional violation of the order could be reported to a district attorney by law enforcement, public health officials or any member of the community for enforcement of the fine.

“If that were to occur, I would assess the facts and make a decision as to the whether the order can be enforced,” Ozaukee County District Attorney Adam Gerol said in an email, confirming that complaints can be forwarded to his office. 

So far, 52,000 Wisconsinites have contracted the Covid-19 virus and more than 900 deaths have been attributed to the disease, according to the Wisconsin Department of Health Services.

On Tuesday, the Washington Ozaukee Public Health website reported there have been 604 confirmed cases in Ozaukee County, resulting in 18 deaths. There were 12,383  county residents who have tested negative.

Before this week, visitors to the Ozaukee County Justice Center were not required to wear masks; now they are, Clerk of Courts Mary Lou Mueller said.

“Most court users are wearing masks without issue,” she said. 

Mueller said her staff has been “vigilant” in cleaning and disinfecting the courthouse. 

There have been three jury trials since July 1 when jury trials were resumed, she said. Masks have been required at all times.

“All but one of the hundreds of jurors summoned had issues wearing their mask,” she said. Beyond the one mask incident, the juries have gone smoothly.