Not sure about all states but I believe in most it is viewed as an "order" or mandate by the governor and not an actual law that is passed. Therefore, when the "order" (and other "orders") are challenged in court in a specific county, it is often overturned in the specific county. At least that is how it is working here in OH.
The easiest and probably most proper way to have a mask ordinance is for local/city government/council to PROPERLY pass a mask requirement. This along with most businesses REQUIRING a mask to enter is less open to a lawsuit.
And as far as the testing and increased number of cases go. It stands to reason, the more testing the more positive results likely to be found. Doesn't matter if it is your state, my state or on the island.
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