Despite shouts and threat of lawsuit, Johnson County agrees to wait a week to reopen
Despite a heated debate and a threat from a few elected officials to take the issue to court, Johnson County has agreed to follow Kansas’ plan for reopening the economy — but starting one week later, on May 11.
“We are holding our citizens hostage. We are doing damage to them economically. We are hurting businesses,” Commissioner Mike Brown said at a special meeting Friday. “I have no interest in going to May 11.”
Johnson County Public Health Officer Joseph LeMaster on Thursday extended the local stay-at-home order another week, though the statewide order was set to expire at the end of the day Sunday. Kansas Gov. Laura Kelly on Thursday night announced the state’s plan for reopening some businesses next week.
Late Friday afternoon, Brown made one last attempt at convincing officials to end Johnson County’s stay-at-home order in a few days. He moved that the board issue its own order allowing the county to reopen May 4, then let a judge decide which order stands. After a tense argument where commissioners often spoke over each other, on a split vote, that motion failed.
Though it’s starting a week later, Johnson County will use the state’s method of phasing in its reopening. On May 11, it will allow some businesses to reopen as long as they maintain social distancing and limit crowds to no more than 10. Theaters, bars, gyms and hair salons will stay closed.
Restaurants will be allowed to offer dine-in service, but tables will be limited to parties of 10 and must be kept six feet apart. Gatherings will remain limited to no more than 10 people.
Then the state will gradually lift restrictions until all businesses and gatherings are permitted. Under Kelly’s plan, June 15 is the earliest everything could be open again.
Officials spar over extension
Kelly’s plan gives local governments the authority to set more restrictive rules than the state’s, which Johnson County has done by extending its stay-at-home order.
LeMaster, as health officer, has the authority to shut down the county during a public health crisis without approval from commissioners. But that didn’t stop Brown and two other commissioners on Friday from trying to issue their own order, in an attempt to align Johnson County’s reopening date with most of the state.
LeMaster extended Johnson County’s stay-at-home order on the same day that the Kansas City metro reported its largest one-day jump in coronavirus cases. Even though Johnson County is seeing a decline in new cases and hospitalizations, LeMaster said he chose to extend the shutdown considering the outbreaks in other parts of the metro area.
Wyandotte and Jackson counties also plan to begin reopening on May 11.
But Brown, with Commissioners Steve Klika and Michael Ashcraft, argued that keeping businesses closed for another week takes too much of an economic toll. At Friday’s meeting, Brown made a motion to switch the date to May 4.
“We are saying you will suffer for seven more days because it’s convenient for us to line up with the counties around us. That is unacceptable,” Brown said.
Cindy Dunham, legal counsel for the county, said the county board has no clear statutory authority to overturn the public health officer’s order. She added that creating two conflicting orders — one ending May 4 and one on May 11 — would only create more confusion for residents.
“It may require a judge making a decision,” Brown said, questioning the board’s authority regarding the order.
Commission Chairman Ed Eilert urged the board to vote against the motion, saying that it was in the public’s best interest to follow the health officer’s decision.
“The purpose of this motion, I believe, is to create confusion. The public would be totally confused. And who knows when a court might rule?” Eilert said. “So for all of those reasons, for the authority of the medical director and because of the state statutes that have been referenced, the majority of this commission needs to reject that motion.”
The motion failed with a 4-3 vote, with Commissioners Jim Allen, Becky Fast, Janeé Hanzlick and Eilert voting against it.
“I don’t want more people to die. I don’t want people to get terribly sick,” Hanzlick said. “I think it is our responsibility ethically and morally to protect the public health.”
Johnson County reopening
Over several hours-long meetings, a task force — made up of local business and government leaders — crafted a plan for Johnson County to slowly reopen the economy.
But Kelly’s order now overrides that plan, and comes with some stricter rules.
During the first phase — which will begin May 11 in Johnson County — many businesses will be allowed to reopen, but they must maintain 6 feet of separation between customers. Churches and other places of worship can hold services with more than 10 people present, as long as there is social distancing between families.
Community swimming pools, organized sports, festivals, parades and graduation ceremonies will not be allowed.
The first phase of Kelly’s plan will last at least 14 days. Moving on to the next phase depends on whether cases, death rates and hospitalizations are declining. Joe Connor, assistant county manager, said he is seeking guidance from the state on whether Johnson County could begin the next phases and reopen slower than the Kansas’ timeline.
In the state’s second phase, which will begin no earlier than May 18, pools, community centers and libraries will reopen. Bars and nightclubs can operate at half-capacity. And gatherings of no more than 30 will be allowed.
Beginning no earlier than June 1, the third phase would allow gatherings of up to 90 people. All restrictions on businesses and activities would be lifted as long as social distancing is observed.
The fourth phase would lift all remaining state restrictions, no sooner than June 15. But health officials have warned that fully returning to normalcy will depend on a large percentage of the population becoming immune to the virus or a coronavirus vaccine becoming available.
By following Kansas’ reopening plan while coordinating timing with neighboring counties, the county hopes to eliminate confusion among residents, Eilert said. There is a patchwork of different restrictions implemented across the Kansas City metro, depending on where residents shop, work and live. Kansas City is allowing some businesses to open May 6 with restrictions, with more opening on May 15. Clay, Platte and Cass counties reopen May 4.
Though Johnson County took steps to align with Wyandotte and Jackson counties, several commissioners said they worry that the guidelines will still cause confusion. They say they have been fielding hundreds of messages from residents and business owners who are unsure about when and how restrictions will be lifted.
“Sorting this out is a real pig’s breakfast, and we’re just going to be going around and around. My heart goes out to residents, business owners and employees,” Ashcraft said.
This story was originally published May 1, 2020 at 7:46 PM.
