Kansas Gov. Kelly issues new statewide mask mandate as COVID-19 infections soar
Kansas Gov. Laura Kelly is imposing a new statewide mask mandate as COVID-19 cases skyrocket and hospitals filled to the brim hold patients in hallways and emergency rooms.
Kelly is issuing an executive order that will go into effect at 12:01 a.m. Nov. 25 — the day before Thanksgiving — as health leaders engage in a desperate effort to slow the rate of infection, which threatens to overwhelm the state’s health care system. Kelly is also mounting a new public awareness campaign to promote mask use and other precautions.
The order is the Democratic governor’s second attempt at requiring mask use across the state, after the vast majority of counties quickly opted out of her first order in July. But the spread of the virus has accelerated since then, especially in the last few weeks.
Kansas reported an additional 5,853 cases on Wednesday and another 60 deaths. An additional 130 hospitalizations were also reported.
After Republicans attacked Kelly this summer for pushing what they characterized as a one-size-fits-all mandate, the governor is giving county officials one week to implement their own orders — with tailored requirements and exceptions — before the statewide mandate goes into effect.
Counties with their own mask orders by next Wednesday will be allowed to keep local rules in place. Counties without a local order by then will come under the statewide restrictions, but state law still gives commissioners the ability to opt out.
Highlights of the mask mandate, according to a draft copy provided to The Star, include:
- Masks must be worn inside any public space or in line to enter a public space
- They must also be worn while outdoors in public spaces without the ability to maintain a 6-foot distance. Individuals who live together are exempt
- Businesses must require customers and employees to wear a mask in any space visited by customers or members of the public
Children 5 and younger are exempt. Children 2 and under in particular should not wear a mask because of the risk of suffocation. Other exemptions tucked into the mandate largely resemble Kelly’s July order, including exemptions for the Legislature and Judiciary, which can set their own rules.
Kelly, who unveiled the order at a news conference Wednesday, said her administration recognizes that each county faces unique challenges and “a one-size-fits-all approach can be difficult for some communities to navigate.”
“We have reached a new stage in our fight with this virus and how we choose to respond could turn the tide for our businesses, our hospitals and our schools,” Kelly said.
The governor said the order, along with the public awareness campaign and other steps, represent a bipartisan package of recommendations from lawmakers, health professionals and business leaders to increase participation in precautionary steps.
Kelly is issuing the mandate as a growing number of counties begin to again limit mass gatherings and take other steps as cases soar. Sedgwick County has ratcheted up fines for non-compliance with its local rules and Johnson County has cut gathering sizes, for instance.
A statewide public health campaign will also begin next week, the governor’s office said. The initiative, led by the Kansas Hospital Association, Kansas Chamber of Commerce, Kansas Farm Bureau and others, will encourage Kansans to wear masks, get tested for COVID-19 when necessary and avoid mass gatherings.
Kelly is also launching an influence campaign to convince residents to take precautions. Beginning this week, she is enlisting the Kansas Leadership Center, a leadership training center funded by the Kansas Health Foundation, to mobilize its nearly 12,000 alumni to lead virtual meetings across the state.
“The project will dramatically increase the number of local leaders – pastors, coaches, neighborhood leaders, business owners, community officials, and others to use their influence to combat the virus,” a statement from the governor’s office says.
The mask order and health campaign come as Kansas hospitals reach critical levels and ahead of a holiday that officials fear will fuel the spread of the virus.
The number of COVID-19 patients in Kansas and Kansas City metro area hospitals has risen from roughly 800 at the start of the month to more than 1,400, according to the Kansas Hospital Association.
Hospitals are struggling to deal with the influx. The University of Kansas Health System at times has had more patients than available beds, with patients held in recovery rooms or emergency departments. At Olathe Medical Center, the number of COVID-19 patients has doubled over the past two weeks.
Stormont Vail Health, in Topeka, has converted hallways and waiting rooms into overflow spaces for patients. In Wichita, hospitals are holding COVID-19 patients in emergency rooms.
The percentage of staffed intensive care beds available in the Kansas City metro has improved from about 10% late last week to 17% as of Wednesday, but remains far from ideal. In south-central Kansas, 31% of staffed ICU beds are available. Statewide, the figure is 37%.
But nearly 44% of hospitals anticipate staffing shortages over the next week, which will limit their ability to respond to rising patient counts heading into Thanksgiving. In south-central Kansas, 61% of hospitals expect shortages.
“The fear with Thanksgiving is a lot of people inside will spread the virus and that will be another superspreader event,” said Steve Stites, chief medical officer of the University of Kansas Health System. “And that could be really devastating to the community right now.”
The State Finance Council, a panel composed of top Republican and Democratic lawmakers and chaired by Kelly, will likely review the new mask order later this week. In October, Kelly floated the possibility of a special legislative session on masks, but the governor and Republican leaders both emerged from a private meeting promising to seek action from local leaders first.
House Majority Leader Dan Hawkins, a Wichita Republican, said he appreciated Kelly isn’t trying to lock down the state. Mandates and lockdowns won’t eliminate the virus “no matter how extreme they are,” he said in a statement. He said Kansas can turn the corner on the virus if everyone takes personal responsibility, treats the virus seriously and respects one another.
“The state’s role is to ensure that the public receives accurate, transparent, and timely information that individuals can use as they make decisions on how to go about their lives. I’m thankful the final authority on whether to impose mandates resides at the county level where the unique needs of individual Kansas communities can more effectively be taken into consideration,” Hawkins said.
House Minority Leader Tom Sawyer, a Wichita Democrat, said masks are a simple way to avoid further economic damage to Kansas. He urged counties to adopt protocols to suit their communities.
“Whether we like it or not, the pandemic isn’t going away -- and certainly not of its own accord. We must use our own individual powers to combat it as we see a rise in case number and hospitals over capacity. It’s a harsh reality to face, but we must face it,” Sawyer said in a statement.
As of Oct. 15, 24 of 105 counties had a mask order, according to data compiled by the Kansas Health Institute. Seventy-two counties had no health restrictions in place.
Under a deal Kelly struck with Republican lawmakers in June, commissions can opt out of statewide health orders after members have consulted health officials and declared that the governor’s order isn’t necessary to protect the health and safety of the county. They may also adopt an order that is less stringent.
This story was originally published November 18, 2020 at 4:01 PM with the headline "Kansas Gov. Kelly issues new statewide mask mandate as COVID-19 infections soar."
