Lyon County is not the only area county declining to enforce Governor Laura Kelly’s order on mask usage in public.
Shortly after the governor announced she had signed Executive Order 20-52 telling residents to wear face coverings in public circumstances under most circumstances, Osage County commissioners announced the county had exempted itself from the order, citing low overall case numbers and little community spread. Coffey, Morris and Wabaunsee county commissioners took similar steps later in the day, saying they recommend the use of face coverings but stopping short of enforcing the governor’s decision.
Earlier this week, Chase County Sheriff Rich Dorneker and Greenwood County commissioners made separate decisions not to enforce the governor’s order, leaving mask usage to the discretion of county residents. Both Dorneker and Greenwood County commissioners say businesses can require mask usage for their patrons if they choose. In that case, residents would have to wear masks while at the business.
In related matters, Attorney General Derek Schmidt’s guidance as provided to law enforcement officials across Kansas on Thursday aligned with Wednesday’s statements from Lyon County Attorney Marc Goodman and Emporia City Attorney Christina Montgomery the Legislature’s compromise solution on emergency powers, House Bill 2016, turned any possibility of criminal penalties into civil actions if lawsuits were filed by the Attorney General’s Office, county attorneys or district attorneys — meaning law enforcement officers can’t arrest or detain people for violating the state’s emergency order, as failing to wear facial coverings would be considered.
Meanwhile, the Kansas Supreme Court announced it is requiring facial coverings for district and appellate courts in keeping with Governor Kelly’s order. This affects all court employees, judicial officers, and members of the public to wear a face covering in any courtroom, court office, or other facility used for a court proceeding. Face coverings must also be worn in any nonpublic court office unless physical shields are in place.
