Kansas Attorney General Derek Schmidt is reviewing state provisions currently allowing criminal prosecution of residents who violate emergency orders as issued by Governor Laura Kelly.
Schmidt says his review is to determine whether those provisions are both constitutional and enforceable. The state’s emergency management law lets the governor issue orders and law enforcement has the authority to administer those orders, but Schmidt says no appellate court has determined whether the Legislature has “lawfully delegated that power to the governor.”
Schmidt’s review will look at the overall question as well as specific legal questions that could affect the prosecution of emergency order violations.
The review follows the arrest of a McPherson barber who defied the governor’s Phase One recovery plan and opened his shop. Charges were dropped after the barber agreed to close the shop and comply with the governor’s order. Barbershops and other beauty-based businesses could well have the go-ahead to open their doors this upcoming Monday.
