As Lyon County commissioners get set to review the county’s COVID-19 public health order, they may well review a recent decision by the Kansas Supreme Court when it comes to mitigation strategies.
On Friday, the Supreme Court decided not to express any opinion on whether a state law allowing people to sue cities and counties if they felt “aggrieved” by mitigation methods like mask use, social distancing and mass gathering limits within 10 days of their policy announcements is unconstitutional. However, the justices unanimously said a Johnson County judge overstepped his bounds by striking down that law as part of a case that dealt with another legal question. The high court then reversed that portion of the Johnson County District Court decision.
Johnson County Judge David Hauber’s decision last summer, saying the state law denied counties due process and hampered court powers, came in a lawsuit against the Shawnee Mission School District — an important clarification because current state law does not involve school districts like it impacts municipal governments.
The County Commission meeting is at 11 am Monday in the Courthouse Commission Chambers. The county has been relying on strongly recommending mask use and social distancing since last April.
