MADISON, Wis. (AP) - A coffee shop in a suburb of Madison that declared itself a “mask-free zone” is suing local officials over an ordinance requiring the wearing of face coverings inside businesses to slow the spread of the coronavirus, saying their free speech rights were violated.
Helbachs Coffee Roasters and Kitchen, located in downtown Middleton, filed the lawsuit Monday in Dane County Circuit Court against the city, county and local officials who attempted to enforce the mask ban. The owners argue that they did not violate the county’s mask ordinance and are asking the court to declare that all citations against the coffee shop were invalid.
Dane County’s mask ordinance took effect on July 13. A statewide mask ordinance took effect on Aug. 1. Helbachs is only challenging the local ordinance. The lawsuit is the first in Dane County to take on the legality of the mask ordinance. It comes after a federal judge last month struck another lawsuit down on a technicality that challenged a variety of other local ordinances related to the coronavirus.
Helbachs caught the attention of Dane County officials after a sign posted July 13 on its front door declaring it to be a “mask-free zone” was posted on social media. The coffee shop soon became the center of a debate over the efficacy of wearing masks, with mask opponents praising Helbachs for its stand while others accused the business of being irresponsible.
Helbachs was issued three citations for violating a public health order. Helbachs now faces revocation of its food and drink license because of its refusal to abide by the order.
Helbachs set up a GoFundMe account with a $50,000 goal to pay for the legal battle. In that posting, cafe owner Casey Helbach attempted to explain what the “mask-free zone” sign meant.
“This sign was a misrepresentation of our policy because we have no facial covering (mask) policy,” Helbach wrote. “We believe in freedom of expression and welcome patrons with or without a facial covering (mask).”
The lawsuit argues that posting the sign was protected free speech, it was only up for 30 minutes, and was not enforced.
“Rather, it was intended as purely a statement of disagreement with Government policy,” the lawsuit said.
Helbachs also alleges that it was illegally singled out for enforcement; the county has no authority to require stores to post a sign saying masks are required; the coffee shop was denied equal protection under the law; and the order was an unconstitutional taking of property because its impact hurt the coffee shop’s business and led to an intent to revoke its license.
Helbachs’ attorney Brent Eisberner, as well as attorneys for the city of Madison and Dane County, did not immediately return messages Tuesday.
Public health officials have urged the wearing of masks as one of the most effective ways to slow the spread of the coronavirus. However, protests against requiring the wearing of masks have popped up across Wisconsin and the country.
Wisconsin joined a majority of states earlier this month with the order requiring masks. That statewide order has yet to be challenged in court, although Republican Senate Majority Leader Scott Fitzgerald has said he wants the Legislature to strike it down. The Assembly would also have to vote to kill the order and so far Assembly Speaker Robin Vos has not said whether he wants to do that.
There were nearly 62,000 confirmed cases of COVID-19 in Wisconsin and 1,006 deaths as of Monday.
___
Follow Scott Bauer on Twitter: https://twitter.com/sbauerAP
Please read our comment policy before commenting.