Kansas mask order: Here’s what it says about when you must wear one. And who’s exempt

You’ll have to wear it in the hardware store. You’ll need one waiting for the bus.

Going to the supermarket? Put it on.

Work in a bank or any other business with customers? Don’t forget it.

Gov. Laura Kelly on Thursday released an executive order that will require Kansans to wear face masks in most public spaces beginning at 12:01 a.m. Friday. While Kelly promised the order on Monday, the actual text lays bare the sweep of the directive and makes clear that — if left in place — it will touch the daily lives of nearly every Kansan.

Ahead of the mandate going into effect, county leaders across the state met to debate whether to let the order stand or override it. Johnson County, the state’s most populous, adopted it. Sedgwick County, the second largest, was set to decide late Thursday.

The mandate centers on two principles: masks must be worn in most indoor public spaces and outdoor areas where social distancing isn’t possible. Exemptions are provided for young children and those with conditions that prevent mask use.

Businesses are on the hook, too. All businesses and organizations open to the public must require their employees and customers to wear a mask in most circumstances. Employees must wear masks while working in any space visited by customers, regardless of whether customers are present at the time.

The order comes with key exceptions. They include:

• Children 5 years old and younger. Children under two especially shouldn’t wear masks because of the risk of suffocation.
• People sitting at a restaurant or bar while eating or drinking, so long as they are social distancing.
• Individuals with medical and mental conditions, or disabilities, that prevent wearing a face mask.
• Individuals who are deaf or hard of hearing or communicating with someone who is deaf or hard of hearing where the ability to see the mouth for communicating is essential
• Individuals who could face a safety risk if they wear a mask at work. The order says this exemption will be determined by local, state and federal regulators and workplace safety guidelines
• Individuals who are obtaining a service involving the nose or face for which temporary removal of a mask is necessary

The order also exempts the Kansas Legislature and the court system from the mandate.

Kansas’ COVID-19 case counts are heading in the wrong direction, like much of the nation. More than 900 cases were reported over the weekend, with over 500 more confirmed since Monday.

More than a month after Kelly dropped all remaining statewide restrictions, the virus is spreading at levels not seen since its April peak.

“The last few months have presented many new challenges for Kansans, and all of us want to return to our normal lives and routines,” Kelly said in a statement. “Unfortunately, we have seen a spike in the number of COVID-19 cases, hospitalizations, and deaths across our state and our country. We must act.”

The executive order reaches into a personal part of our lives — what we wear. It has already sparked a backlash from conservatives and others who either deny the severity of the pandemic or contend mask mandates are an unacceptable encroachment on basic freedoms.

Kelly mask order under scrutiny

The measure’s success or failure may ultimately hinge on whether officials across the state support it and whether residents comply even though enforcement is expected to be lax.

The State Finance Council, a panel chaired by Kelly but dominated by top Republican lawmakers, reviewed the order Thursday afternoon. Some Republican leaders condemned it as government overreach.

Under a new law, county officials may vote to alter the order or overturn it altogether. The Johnson County Commission voted to uphold the order. Shawnee County — home of Topeka — rejected it. Sedgwick County leaders were set to meet late Thursday afternoon.

The order, the first statewide pandemic rule since May 27, defines mask to encompass a wide range of coverings and can be made from a range of synthetic and natural fabrics, including cotton, silk or linen. Ideally, masks should include two or more layers, the order says. It notes that while masks can be factory-made or sewn by hand, they can also be improvised from household items such as scarfs, t-shirts and towels.

While mandatory, in practice most Kansans are unlikely to face consequences for forgetting to wear a mask or even actively refusing to wear one. Violations of pandemic-related executive orders are no longer crimes, under a new state law passed by lawmakers and signed by Kelly last month.

Instead, prosecutors can pursue civil penalties of up to $2,500 for violations or seek restraining orders to compel someone to wear a mask. For all intents and purposes, there is very little police officers on the street can do if they spot someone refusing to wear a mask. Several law enforcement agencies have already said they will play no role in enforcing the order.

How Kansas counties will react

Some counties may also make the mandate voluntary or change its requirements. The Johnson County Board of Commissioners decided to adopt the order.

Despite a “strong recommendation” to wear masks, Joseph LeMaster, Johnson County’s public health officer, said, “we’re seeing all around our area and in Johnson County in particular where that is not being followed.”

“So we’re not at a point where we’re kind of wringing our hands about what to do next, because the case numbers just keep going up,” he said.

Public health officials are now nearly unanimous in urging mask wearing. A growing number of scientific studies show masks reduce transmission of the virus, especially when worn by an infected person.

Since Kelly announced plans for the order on Monday, some Republicans have condemned it as government overreach. The Democratic governor and the Republican-controlled Legislature have often been at odds throughout the pandemic, with conflicting views over how far Kelly should go in setting rules.

Kris Kobach, a Republican candidate for U.S. Senate, predicted Kelly will lose if the order winds up in court.

“The Governor may certainly issue whatever recommendations she wishes,” Kobach said. “Under the right circumstances, wearing a mask may be advisable. However, her authority to order the citizens of Kansas to act is limited by law and by the state and federal constitutions.”

But Vicki Hiatt, chair of the Kansas Democratic Party, said the evidence on masks is “undeniable.” She said Kelly’s order is necessary to protect Kansans from further harm.

“Our collective responsibility to keep our communities safe is above partisan politics,” Hiatt said.

Contributing: Dion Lefler of The Wichita Eagle

This story was originally published July 2, 2020 at 9:31 AM with the headline "Kansas mask order: Here’s what it says about when you must wear one. And who’s exempt."