Less than a week after a Johnson County judge said a new state law that lets residents sue cities and counties for using COVID-19 protocols is unconstitutional and could lead to “legal anarchy,” Kansas Attorney General Derek Schmidt used the same language to say he is appealing that ruling.
Schmidt is both appealing and asking Johnson County District Court to stay its decision, pending the results of its appeal.
At issue is Senate Bill 40. Passed by lawmakers and signed by Kansas Governor Laura Kelly earlier this legislative session, it lets residents file lawsuits if they feel “aggrieved” by the use of coronavirus mitigation strategies like mask usage and social distancing. Districts, cities and counties then have to prove they use “the most narrowly tailored” methods to maintain public health and safety. District courts that don’t have hearings in 72 hours and then have rulings in a week have their mitigation policies automatically thrown out.
Schmidt says the court’s ruling was confusing because several provisions within SB 40 were not at issue but may have been nullified by last week’s ruling. Failing to stay the ruling, he says, could result in “legal anarchy” and possibly disrupt the state’s response to future disasters.
