Attorneys from the Wisconsin Institute for Law & Liberty asked a judge Monday for an immediate injunction to block the rule on facial coverings, which Evers extended until Nov. 21 amid a surge in cases.
The lawsuit, filed on behalf of three Wisconsin residents in Polk County Circuit Court, argues that "the executive branch in Wisconsin is, thus far, completely undeterred by the constraints of state law and must be reined in.”
If the injunction is granted, Evers’s emergency declaration requiring masks or face coverings in public places or where social distancing measures cannot be implemented would be blocked while the case is under consideration, the firm said.
Wisconsin has seen a record surge of COVID-19 infections, with 1,726 new cases confirmed on Monday, the Wisconsin Department of Health Services said.
Republicans, who hold the majority in the state legislature, have consistently challenged Evers' mask mandate and criticized his handling of the pandemic.
Last week, Evers said state Republicans should lead by example and wear a mask to help bring new hospitalization numbers down statewide.