"ORDER OF PUBLIC HEALTH MADISON & DANE COUNTY
DATE OF ORDER: September 9, 2021
Goes into effect September 10, 2021 at 12:01 a.m.
FACE COVERING EMERGENCY ORDER #2
Reducing the spread of illness, preventing severe outcomes, and preventing death are
foundational public health goals of managing the pandemic. Due to the prevalent spread of the
Delta variant of COVID-19, the Centers for Disease Control and Prevention (CDC) released
guidance which indicated individuals in areas with a substantial or high transmission rate of
COVID-19 should wear face coverings whenever they are indoors in public places. Madison and
Dane County have a high transmission rate of COVID-19. While Dane County has a high
vaccination rate, evidence has emerged from the CDC and locally that fully vaccinated people
who do become infected with the Delta variant can be infectious and can spread the virus to
others. The rate of cases in Dane County has risen rapidly since the Delta variant became
dominant; on July 19, our 7-day average number of cases was 19, and on August 12, the 7-day
average increased by 382% to 91.6. Since August 12, the rate of increase has slowed, but the 7-
day average still increased by 13% to 103.9.
Vaccines are still highly effective in preventing severe outcomes from COVID, even with the
Delta variant, and are also still effective, but less so, in preventing infection. Over the past four
weeks (August 8 to September 4), cases among unvaccinated people have increased
significantly by 21%, whereas cases among vaccinated people have been stable. Considering the
high transmissibility of the Delta variant, masking, distancing, and ventilation remain key
prevention tools. In order to prevent more severe outcomes and to protect those who are
unable to be vaccinated, such as children under the age of 12, and those for whom vaccination
may be less effective, such as people who are immunocompromised, face coverings will be
required in most indoor situations in Dane County.
Based upon the foregoing, I, Janel Heinrich, Public Health Officer of Madison and Dane County,
by the authority vested in me by the Laws of the State, including, but not limited to, Wis. Stats.
Page 2
Secs. 252.03(1), (2) and (4), order the following as necessary to prevent, suppress, and control
the spread of COVID-19:
1. Face Coverings. Face covering means a piece of cloth or other material that is
worn to cover the nose and mouth completely. A face covering must be secured
to the head with ties, ear loops, or elastic bands that go behind the head and
must fit snuggly but comfortably against the side of the face. Cloth face
coverings must be made with two or more layers of breathable fabric that is
tightly woven (i.e., fabrics that do not let light pass through when held up to a
light source). A face covering does not include bandanas, single layer neck
gaiters, face shields, goggles, scarves, ski masks, balaclavas, shirt or sweater
collars pulled up over the mouth and nose, or masks with slits, exhalation valves,
or punctures.
a. Face Covering Required. Every individual, age two (2) and older, shall
wear a face covering when:
i. In any enclosed space open to the public where other people,
except for members of the person’s own household or living unit
are present.
ii. Driving or riding in any form of public transportation.
b. Exceptions. Individuals who are otherwise required to wear a face
covering may remove the face covering in the following situations:
i. While eating or drinking.
ii. When communicating with an individual who is deaf or hard of
hearing and communication cannot be achieved through other
means.
iii. While obtaining a service that requires the temporary removal of
the face covering, such as dental services.
iv. While sleeping.
v. While swimming or on duty as a lifeguard.
vi. When engaging in work where wearing a face covering would
create a risk to the individual, as determined by government
safety guidelines.
vii. When necessary to confirm the individual’s identity, including
when entering a financial institution.
viii. When federal or state law or regulations permit the removal of a
face covering.
ix. When actively playing a wind instrument that has a fabric bell
cover, or similar cover, that acts as a face covering over the
instrument, as long as individuals are spaced at least six (6) feet
apart at all times.
x. While presenting or performing a religious, political, media,
educational, artistic, cultural, musical, theatrical or any other type
of presentation for an audience, as long as:
A. Everyone at the presentation or event is fully vaccinated.
Fully vaccinated means: Two (2) weeks after an individual’s
second dose in a 2-dose vaccine series for COVID-19 (such
as Pfizer-BioNTech’s or Moderna’s vaccine) or two (2)
weeks after their first dose in a single-dose vaccine series
for COVID-19 (such as Johnson & Johnson’s Janssen
vaccine); and
B. The presenters and performers maintain at least six (6)
feet distance from all attendees at all times
B. The presenters and performers maintain at least six (6)
feet distance from all attendees at all times.
c. The following individuals are exempt from the face covering requirement
in Section 1.a. of this Order:
i. Children under the age of two (2).
ii. Individuals who are unconscious, incapacitated, or otherwise
unable to remove the face covering without assistance.
iii. Individuals with medical conditions, intellectual or developmental
disabilities, mental health conditions, or other sensory
sensitivities that prevent the individual from wearing a face
covering..."
Face covering/Public Health Madison&Dane County
