WI lawmakers stand by for vote that would repeal mask mandate

MADISON, Wis. - Wisconsin lawmakers are standing by for a promised vote that would repeal the state's health emergency, the basis of the mask mandate.

The Assembly abruptly postponed that vote last week after learning the state would lose roughly $49 million a month in federal food aid. 

"We will pass it," said Assembly Speaker Robin Vos after postponing the vote.

Lawmakers of both parties tell FOX6 they don't know when the chamber will actually vote on whether to repeal the emergency. Republicans will huddle behind closed doors Tuesday, when they may decide next steps.

If the Assembly follows the state Senate in voting to stop the health emergency and mask mandate, could the governor just issue a new emergency order?

"I think it’s premature at this time," said Gov. Tony Evers. "I know what the speaker said, but until it’s done, it’s not done and we still have a mask mandate in the state of Wisconsin."

A mask mandate is backed by Wisconsin health groups and the Pabst Theater Group.

"If you want to have concerts come back again, you need to have a combination of two things: vaccines and masks," said Gary Witt, CEO of the Pabst Theater Group.  "We want to stand there next to somebody and shake our heads and sing along to that song, even though we don’t know who that person is. That’s the thing we want to get back to as people again."

With concerts and plays canceled, Turner Hall as well as the Pabst and Riverside theaters' revenue has dropped by 96%.

"It’s very hard to put the responsibility onto the shop keeper, the restaurant owner, or whoever it might be to tell someone to put a mask on. It works so much better if you’re able to speak to the fact that there is a mask mandate that must be followed," Witt said.

The Metropolitan Milwaukee Association of Commerce (MMAC) did not weigh in if the Assembly should strike the mandate, but wrote:

"For MMAC, wearing masks is not a political decision, it is an economic decision. The more we can do to slow the spread of COVID-19 until vaccines are widely available, the more confidence employees and customers will have to keep our economy running."

Legislative Republicans point out Wisconsin law says the governor can declare a 60-day emergency -- and then must be extended by the legislature. 

The speaker does not seem convinced of the mandate. 

"Sheriffs, city police departments are not writing tickets," Vos said. "This is really a social contract that has happened all across Wisconsin, where people do it to be able to show that they can follow the rules and the social norms, so we don’t need the government to dictate it."

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The non-partisan Legislative Fiscal Bureau said without a statewide emergency, the state would no longer qualify for the extra federal COVID-19 food aid money -- roughly $50 million a month.

The USDA confirms to FOX6, "A state-level public health emergency declaration must be in place for a state to continue to provide emergency allotments to SNAP households. Without an emergency declaration, Wisconsin would not be able to utilize flexibilities or adjustments available in SNAP under the Families First Coronavirus Response Act (FFCRA)."

Republicans say they have a workaround -- allowing the governor to declare an emergency for the purposes of capturing the federal money. The Senate passed it last week -- and the Assembly is doing their "due diligence" to make sure it would work. But it is attached to a COVID-19 bill that has a number of parts Democrats take issue with -- and could be vetoed by Gov. Evers.