MADISON, Wis. (WMTV) - A poll worker from La Crosse filed a lawsuit against Gov. Toy Evers and the city clerk on Friday after being discharged from his poll duties for what he says is not wearing a mask, despite being exempt.
Nicholas Newman, the plaintiff, is asking the La Crosse County Circuit Court to instruct the governor to not issue any new emergency orders without required legislative approval, which Newman says Evers ignored when issuing Emergency Order No. 82 on July 30.
Newman worked the polls in La Crosse on Feb. 18 and April 7 of this year, according to the filing.
Gov. Evers declared a public health emergency due to the COVID-19 pandemic on March 12 and issued Executive Order No. 72 to invoke a state of emergency. When the order expired after 60 days, he issued Executive Order No. 82 for the same public health emergency.
Newman argued in the filing that the governor is attempting to make law on his own accord, without being subject to a legislative check because it can be renewed repeatedly.
The filing also mentions issues with Emergency Order No. 1, which says that individuals who have trouble breathing, have medical conditions or a disability that would keep them from wearing a face covering are exempt from doing so. The governor also issued guidance on what to do if people encounter someone not wearing a mask and say it is wrong to demand proof of exemption, the document notes.
Newman was scheduled to work polls on Aug. 11, but said he has a medical condition and has trouble breathing when wearing a mask. City Clerk Teri Lehrke, who is also a defendant in the case, discharged Newman of his duties for what Newman says was a wrongful indication that required him to wear a mask.
He said he told Lehrke of his exemption, but the clerk stated, “Then you have to leave, you are being discharged of your duties then.” Lehrke told Newman that state law and Evers' executive order required Newman to wear a mask, regardless of his exemption.
Lehrke also reportedly told Newman he could not remain as an election observer due to state law. She also allegedly told Newman she would put information about the termination in writing, but has not done so yet.
Newman noted that he has not been paid for his work at the polls, including a required training for the Aug. 11 primary election. Newman clarified that the issue of this case is not about masks itself.
“This case [i]s about whether a single individual can claim the power to mandate that for himself,” he said. “Tony Evers is our Governor, he is not our King.”
Newman is asking the court to issue a declaratory judgement on Emergency Order No. 82 and Emergency Order No. 1, issue a declaratory judgement on Clerke Lehrke and enter an injunction prohibiting the enforcement of Order 1. He also asks that an injunction be placed on Lehrke to prohibit her from banning Newman or any exempt person from working at the polls and grant any further relief the court sees appropriate.
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La Crosse man sues Gov. Evers over issuance of emergency orders - WMTV – NBC15
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