Central Wisconsin counties pass resolutions opposing COVID-19 mandates. But can they be enforced?

Several local county governments took largely symbolic actions in recent weeks to oppose future public health mandates associated with COVID-19.

The resolutions and declarations opposing such measures as social distancing, vaccinations and masking are meant to "send a message" to state leaders, their authors say, but they do not create any enforceable ordinances or laws. They also do not change local health department policies, which are more closely governed by the state Department of Health Services.

Here's which local counties have discussed or adopted these measures, why residents and county leaders are pushing for these resolutions now and what they really mean for communities.

What do these resolutions mean?

Marathon, Langlade and Lincoln county boards passed similar resolutions in recent weeks. Marathon County District 6 Supervisor Stacey Morache, who says she wrote the Marathon County resolution along with the county’s corporation counsel, said the purpose of the resolutions were to "send a message" to the state government that local residents were opposed to public health mandates during the COVID-19 pandemic that conflicted with individuals' “civil liberties."

Lincoln and Langlade counties' resolutions largely mirrored the Marathon County resolution.

Wood and Waushara counties have also had items regarding resolutions to oppose COVID-19 health mandates on agendas for their health committee meetings, but they are still being discussed. Wood County's Health and Human Services Committee voted Sept. 28 to direct staff to draft a resolution for consideration at an October meeting. The Waushara County Board of Health voted to table its agenda item at its Oct. 3 meeting, although it may come up again in a future meeting, District 5 Supervisor Everett Eckstein, who also serves as the committee chair, told a USA TODAY NETWORK-Wisconsin reporter.

In Portage County, the process was much different. Instead of residents or board members proposing a resolution and taking it to county committees, County Executive John Pavelski issued a declaration Sept. 15 recognizing Constitution Day and declaring the county "will make no stipulation" regarding several public health practices such as social distancing, mask wearing, vaccinations, government shutdowns and limiting of public gatherings.

Emails and phone calls to Portage County Health and Human Services and County Board supervisors confirmed the declaration was sent to media before health department staff or supervisors were made aware of it. Portage County Health Officer Gary Garske said in a Sept. 18 email there was "no intention of updating COVID-19 mandates" in the county and that "[i]solation and quarantine requirements for communicable diseases remain the same."

Why introduce these resolutions now?

Morache and Lincoln County District 4 Supervisor Steve Osness, who introduced the resolutions in Marathon and Lincoln counties, respectively, pointed toward "recent" masking and vaccination requirements imposed by “colleges and universities” as their motivation behind proposing the resolutions, although they were not specific as to where these requirements had been put in place.

The University of Wisconsin Health Services website states, “All members of our campus community are encouraged to remain up to date on their COVID-19 vaccinations.” There is no mention of any mandated action regarding COVID-19 response.

Newsweek collected lists of places with new mask mandates in the last couple months, which featured a few county health departments in California; some hospital systems in New York, Ohio and California; and a historically Black college in Atlanta and an elementary school in New York City, both of which were experiencing outbreaks.

In an email to a USA TODAY NETWORK-Wisconsin reporter, the Wisconsin Department of Health said, "At this time, there are no existing COVID-19 mandates in Wisconsin. As DHS works with communities across the state to protect the health of their own residents, we will always provide information and guidance based on the best available science and medical expertise to help Wisconsinites make informed decisions about their health."

In an interview with Poynter, Marcus Plescia, chief medical officer for the Association of State and Territorial Health Officials, said, “We’re just in a very, very different place (now). Those measures were put into place several years ago, before we had a vaccine, before we had any kind of treatments for COVID.”

Last week in a Senate health committee hearing, Department of Health Services Secretary-designee Kirsten Johnson said she does not support mask and vaccine mandates.

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Do these resolutions and declarations have any enforcement power?

The Marathon, Lincoln and Langlade county resolutions do not create an enforceable ordinance nor do they change the county health departments’ policies regarding communicable disease, according to Marathon County Corporation Counsel Michael Puerner in a Sept. 21 informational meeting.

“I don’t think there are any changes in the county,” Puerner said. “It doesn’t have the force of law to overturn anything but it’s a statement and declaration about these policy positions because the county doesn’t have the statutory authority, granted by the state, to act in this area.”

The Portage County Executive’s power is less clear. Wisconsin State Statute 59.17, which establishes county executives in state law, says, “The duties and powers of the county executive shall be, without limitation because of enumeration, to … [c]oordinate and direct all administrative and management functions of the county government not otherwise vested by law in other elected officers.”

The Portage County corporation counsel did not reply to multiple phone messages and emails to clarify the enforceability of the executive’s declaration and his ability to make such a declaration on public health policy.

“A resolution is not even worth the piece of paper it is written on," Donna Rozar, who serves as Wood County District 2 supervisor and Wisconsin's 69th Assembly District representative, said during the Sept. 28 meeting of the Wood County Health and Human Services Committee. She urged meeting attendees to write to Gov. Tony Evers about the issue instead of passing resolutions at the county level.

“I respect all of you all, you have made wonderful points, but you are barking at the wrong dog,” Rozar said.

Erik Pfantz covers local government and education in central Wisconsin for USA-TODAY NETWORK-Wisconsin and values his background as a rural Wisconsinite. Reach him at epfantz@gannett.com or connect with him on Twitter @ErikPfantz.

This article originally appeared on Wausau Daily Herald: Central Wisconsin counties pass resolutions opposing COVID-19 mandates