Johnson County has ended several COVID-19 restrictions, but officials decided Thursday to continue mandating mask-wearing and six feet of social distancing in public through the end of April.
The move comes as Kansas Republican lawmakers pledge to end the state’s mask mandate as early as next week, and new state policies make it unclear whether counties will have the power to enforce their own mandates.
The Johnson County Board of Commissioners voted 5-2 to approve the public health order while removing limits on gatherings and some other mandates in the previous order, which was set to expire at the end of March.
The new order goes into effect on Friday and runs through April 30, unless it is revoked or extended. Commissioners Charlotte O’Hara and Michael Ashcraft voted against it. They argued that with COVID-19 cases dropping, safety protocols should be strongly encouraged rather than mandated.
Joseph LeMaster, county public health officer, said he hopes that by the end of April, most Johnson County residents who want a COVID-19 vaccine will have received it. He said residents must continue wearing masks and avoiding gatherings so that the number of new coronavirus cases does not rise.
“This is the least restrictive thing we can do that’s actually going to achieve our goals,” LeMaster said.
Some commissioners said they were concerned that they are extending the mask mandate while Kansas may drop its statewide order. And new policies might hinder the county’s ability to enforce its mandate and possibly open it up to a deluge of lawsuits.
Kansas Gov. Laura Kelly announced plans Wednesday to sign a bill extending Kansas’ current state of emergency until May 28 and revising the state’s emergency management laws.
But the revised Emergency Management Act strips both Kelly and county officials of some powers to order restrictions on businesses to fight the pandemic.
Eight legislative leaders — six of them Republicans — can rescind any executive orders issued during the emergency.
Republican House and Senate leaders pledged Wednesday night to oppose any extension of state mask mandates.
“Governor Kelly’s announcement that she intends to issue another unnecessary mask mandate shows the importance of this oversight,” three GOP House leaders said in a statement. “House Republicans stand ready to take action if Governor Kelly moves forward with this plan.”
Senate President Ty Masterson, an Andover Republican, said in a statement that the Senate would take “immediate action” if the governor placed an “undue burden” on Kansans by reissuing a mask mandate.
The state law allows counties to make a new mask orders or other restrictions.
But it also allows residents who feel they’ve been “aggrieved” by a state or local public health order to challenge the policy in court. Those appeals will be sent to county district courts, where a hearing would have to be given within 72 hours.
In Wichita, Sedgwick County commissioners voted this week to drop all COVID-19 restrictions, including the county’s mask mandate. Wyandotte County, like Johnson, has made no such move.
The state’s changes mean Johnson County would have to prove that its order is in the interest of public health and protects those interests in the least restrictive way possible.
“It’s going to put the county at grave, grave risk for numerous lawsuits and plugging up our judicial system,” O’Hara said. “This is going to be a nightmare.”
Commissioner Becky Fast, who voted to extend the mask mandate, emphasized that cities could adopt their own mask mandates if they so choose. Unlike the county, cities are empowered by “home rule” authority, which the Legislature cannot override.
“I feel like we as a county commission are put in a terrible position,” Fast said. “I am put in the (position) of supporting lawsuits that will clog up our court system or supporting public health. I just think it’s unconscionable.”
In addition to the mask mandate, Johnson County’s order mandates that public spaces and businesses continue requiring social distancing. Bars and restaurants must separate tables by six feet. Businesses where social distancing is impossible, such as hair and nail salons, must serve customers by appointment only.
There are exemptions for religious institutions, courts, weddings, funerals, child care facilities, hospitals and others.
Thursday’s order ends the limits on public gatherings. In the previous order, approved in November, gatherings were restricted to 50 people, or 50% capacity of a venue, whichever is less — with several exemptions.
Last month, commissioners also removed a midnight curfew on businesses that serve alcohol.
Kansas City and other neighboring counties made similar moves last month, easing restrictions on gatherings and curfews but continuing rules on social distancing and masks.
Johnson County has reported a steady decline in the number of new COVID-19 cases since January. But LeMaster warned that COVID-19 testing is also significantly down, “making it much harder for us to quantify transmission of the virus.”
Health officials worry that lifting the mask mandate and social distancing requirements this month would lead to another spike in cases. LeMaster also said that fears remain about new COVID-19 variants from the United Kingdom, Brazil and South Africa spreading in Johnson County.
As of Thursday, Johnson County’s positivity rate — or the number of new cases over the past 14 days — was 2.8%. That’s the lowest its been since last spring, and down from a high of more than 15% last fall.
“We have been pretty happy at the direction of our statistics related to COVID-19. We have also been very consistent in that we got to where we are because of masks and physical distancing and the cooperation of our residents in doing all of those,” said Sanmi Areola, county public health director.
“The physical distancing is important. Vaccination is important. Mask wearing is important. It’s a combination of those that’ll take us to where we need to be.”
In total, Johnson County has reported 44,070 coronavirus cases. And 639 residents have died from the virus.
As of Thursday, Areola said that roughly 30% of Johnson County’s population who are eligible for the vaccine, or more than 136,000 people, have received the first dose. About 16% of residents over the age of 16 have received the second dose, or more than 72,000 people.
This story was originally published March 25, 2021 2:57 PM.
