Gov. Kelly orders Kansans to use masks in public spaces, setting stage for another fight

Gov. Laura Kelly said Monday she is ordering Kansans to wear face masks in public spaces beginning July 3, as coronavirus cases surge upwards across the state and nation.

The order, effective Friday, is almost certain to spark a backlash in the conservative state. Local leaders will confront a tough choice over whether they will try to overturn the directive — an option counties appear to have under new state law that stripped the governor of some of her emergency authority during the pandemic.

“This doesn’t change where you can go or what you can do. It just means if you’re around other people, you must wear a mask,” Kelly said during a news conference.

The Democratic governor acknowledged that she expects “some who will be outraged” by the mandate. But she said even Republican leaders elsewhere in the nation have spoken out about the value of masks.

As of Monday, 14,443 people have tested positive for the virus in Kansas. Kelly emphasized the massive influx of more than 900 new cases over the weekend along with six deaths, bringing the total to 270.

A text version of the order wasn’t immediately available, but Kelly said details would be released on Thursday, the day before the requirement goes into effect. She said making the announcement now would give Kansans time to acquire masks. The order will eventually be reviewed by the State Finance Council, a panel made up of top Republican and Democratic lawmakers and chaired by Kelly.

The statewide mandate comes as counties have begun to wrestle with whether to impose their own local mask requirements. A mask order was already set to go into effect in Wyandotte County, and Douglas County announced one just hours before Kelly.

Before Kelly’s announcement, Johnson County said it will continue to strongly recommend — but not require — that residents wear masks.

“One of the key issues, in my judgment, is how you can effectively enforce a mandate. If you’re going to mandate something, then you need to be able to enforce that, and I’ve seen no effective way to do that,” Ed Eilert, county commissioner chairman, said Monday. “We continue to strongly encourage it. And I think we all need to understand that we have a responsibility to take action to mitigate the spread.”

Across the border, Kansas City and Jackson County are also adopting a mask requirement. Both Clay and Platte counties in Missouri say they are studying similar measures.

In south-central Kansas, Sedgwick County Commissioner Michael O’Donnell said the county’s attorney is looking into whether the order is legally binding for counties or if the commission can overturn it. The commission will hold a staff meeting Tuesday morning to discuss next steps.

He said he’s opposed to making masks mandatory inside businesses.

“If businesses want to do that, that’s totally up to their purview,” O’Donnell said. “But I do have problems with the government coming in and telling businesses what they can and can’t do.”

“I do think it’s premature to say whether we’re going to overturn something or not because I don’t know the legal side of that. Because if the governor has the authority to do it then it’s futile for the commission to do anything. We’ll evaluate that tomorrow.”

Public health officials are in widespread agreement now that masks are effective in reducing the risk of transmitting the virus. Masks are especially helpful when worn by an individual who has the coronavirus.

“We have multiple levels of evidence really saying we need to get those masks on,” Edward Ellerbeck, population health chair of the University of Kansas Health System, told reporters.

Immediately after the announcement, Kansas Democrats praised Kelly’s decision. “Wearing a mask in public is the most responsible thing we can do if social distancing is not feasible,” Senate Minority Leader Anthony Hensley, a Topeka Democrat, said.

Senate President Susan Wagle, a Wichita Republican, said a one-size-fits-all order wouldn’t work for a “diverse state.”

“She’s inconsistent in her direction, one day giving authority to local government, and the next, taking it back, causing total confusion,” Wagle said in a statement.

Only a handful of states have enacted mask requirements, including California, which announced one earlier this month.

Virginia Attorney General Mark Herring said Monday that a state circuit court had upheld the state’s requirement. The Virginia ruling came down around the same time Kansas announced its directive.

“Wearing a mask is such an easy way to keep yourselves and others protected and everyone should be doing it!” Herring, a Democrat said on Twitter.

Contributing: The Star’s Bryan Lowry and Robert Cronkleton

This story was originally published June 29, 2020 at 4:23 PM with the headline "Gov. Kelly orders Kansans to use masks in public spaces, setting stage for another fight."