Mask Mandate Extended – Dane County

September 9, 2021 | COVID | Events


On September 9, 2021, Dane County issued Face Covering Emergency Order #2 (“Order #2”) which is scheduled to go into effect on September 10, 2021 at 12:01am, directly following Face Covering Emergency Order (“Order #1”) scheduled to expire on September 16, 2021 at 12:01am.

What’s with the time overlap?

The overlap in time isn’t directly addressed. A general principle of law requires that where two bodies of law are in conflict, the more restrictive would govern, which would be Order #1 considering it has less exceptions to the mask mandate. So, this would be for the September 10 – 16 time period. However, it’s highly unlikely Dane County Public Health intended for this overlap. I am *guessing* the intent is that Order #2 supersedes Order #1.

Short Story:

Order #2 is substantially similar to Order #1 in that it requires all individuals age two (2) and up to wear a face covering in any enclosed space open to the public where other people other than members of the person’s own household or living unit are present. For more details on Order #1, read our KEW Tips article on the order.

What has changed?

Emergency Order #2 adds a couple new exceptions to the mask wearing requirement. Now, individuals do not have to wear a mask in the following scenarios, in addition to those indicated in Order #1:

  • When actively playing a wind instrument, with certain requirements;
  • When presenting or performing a religious, political, media, educational, artistic, cultural, musical theatrical or any other type of presentation for an audience as long as:
    1. Everyone at the presentation or event is fully vaccinated (2 weeks after the last vaccine dose); and
    2. Six feet of distance is maintained.

The attorneys at Kramer, Elkins & Watt, LLC are happy to discuss any questions you have regarding this order or anything COVID affecting your business. Contact us at 608.709.7115 or info@kewlaw.com.