Kansas mask order sparks conservative backlash. Counties must decide how to respond

A Johnson County commissioner urged constituents to contact Gov. Laura Kelly about her “horrendous decision.” A Republican U.S. Senate candidate said he shuddered at the thought of the state government telling people what to wear.

Kelly’s plan to require face masks in public spaces to fight a new spike in coronavirus cases in Kansas sparked an immediate backlash on Tuesday that threatened to undercut the mandate even before it goes into effect Friday. Conservative politicians dismissed the order as inappropriate and some county leaders suggested they may try to overturn it.

The fight is playing out ahead of a long Independence Day weekend that will feature gatherings centered on cookouts, fireworks and parades — all of it risking further spread of the virus.

When Kelly announced the upcoming order on Monday, she said the situation was clear: cases of the virus in Kansas are rising. Over the weekend, the state confirmed roughly 900 new cases of the virus — more than the populations of many of the numerous small towns that dot the state’s landscape.

Public health officials stress that even simple cloth masks reduce transmission of the virus, especially when worn by someone who has the coronavirus. Physicians in Kansas are urging residents to wear masks, even if some are sidestepping the question of whether they should be mandatory.

But Republicans, who maintain the governor has overstepped her authority throughout much of the crisis, pushed back against what they called a one-size-fits-all approach. Even now, they noted, reported cases remain very low in many rural counties.

There are eight counties in Kansas that have yet to report a case, according to the Kansas Department of Health and Environment. But some rural counties, like Ford, Finney and Seward have some of the highest infection rates in the state, owing to the food processing industries in southwest Kansas.

While Democrats and some health officials praised the order, Kelly may face difficulty in achieving widespread compliance across the generally conservative state if Republican political leaders and local officials — especially those in the largest counties — either attempt to water down the order or speak out against it.

“It used to be that we made sound arguments and people would make their own minds up and we would convince, we would ask, we would request, we would give good advice,” said Rep. J.R. Claeys, a Salina Republican. “Instead, this is by force of law and that’s a totally different thing than making your case and having people accept that that’s the best path.”

“Do I think it’s a good idea to wear a mask in many cases? Yes,” Claeys continued. “Do I also believe that you have every right to not wear a mask? Sure.”

Kelly on Monday predicted her decision would produce some outrage but said leaders across the country, including Republicans, are mandating masks or giving clear guidance that “this is the one way we have until we have a vaccine to slow the spread of this virus.”

“As much as I know that people don’t like masks — I don’t like them either — it’s too bad,” Kelly said. “The virus is the one who’s going to control this, not us. The mask is a really good protection against the virus and I think it’s important for all of us to recognize that and to just wear a mask.”

Under a new state law, county commissions have the power to overturn or soften health orders issued by Kelly. The provision was included in a compromise Kelly and top Republican lawmakers reached that placed some limits on her emergency authority during the pandemic while preserving the nuts and bolts of the state’s response.

The mask order — the first statewide coronavirus restriction Kelly has announced since May — is set to provide the first test of the new law and show how willing, or unwilling, local officials are to override the governor’s decisions. In order to implement less stringent rules, commissioners must consult local health officials and determine that the governor’s order isn’t necessary to protect public health.

In Sedgwick County — home of the state’s largest city, Wichita – county commissioners appear likely to debate altering the order once it’s issued later this week. If history is a guide, Kelly’s order will face opposition.

When the governor lifted all statewide coronavirus restrictions on businesses and gatherings in May, she urged counties to set their own rules. The Sedgwick County Commission didn’t, and the area’s reported cases began to quickly rise.

“I don’t know that we ought to necessarily adopt it as is. Maybe that’s the right position, but maybe it’s not,” Commissioner Jim Howell said Tuesday.

Sedgwick County’s health officer, Garold Minns, urged the widespread use of masks and said public cooperation will be critical, regardless of the status of Kelly’s order.

“How can we all work together to convince the public to do this, because it’s the right thing to do?” he asked the commissioners.

The commission didn’t take any immediate action regarding Kelly’s announcement.

The Johnson County Board of Commissioners has been closely split on issues of reopening the economy and whether to mandate masks. Before the statewide order was announced, health officials in the state’s most populated county decided to continue only “strongly recommending” the use of masks in public, despite nearly every bordering county issuing mandates.

After Kelly’s announcement, Commissioner Mike Brown — a strong proponent of keeping the economy fully open, who often emphasizes personal freedom — posted on Facebook, encouraging residents to contact Kelly’s office “about this horrendous decision.”

Brown’s view is not universal among local officials, however. Commissioner Janee Hanzlick said she supports Kelly’s decision, adding “I wish local governments had done this sooner.”

“I think it’s a shame that it had to come to the point where the state had to step in and do this. I think the counties and local government should have made these decisions long before now, because I believe in local control,” she said. “However, if the needs of public health dictate that the governor needs to step in, I think that’s the right thing to do.”

Still, two of the leading Republican candidates for U.S. Senate, vying for the support of the state’s most committed conservative voters, criticized the order.

Former Kansas Secretary of State Kris Kobach predicted the governor would lose a court challenge over the order.

“She has proven once again that she does not respect the freedom and responsibility of Kansans to make their own decisions,” Kobach said.

U.S. Rep. Roger Marshall said he supports local communities making decisions about masks.

“I shudder at the thought that the state government can tell use what to wear,” he said.

Democrats, on the other hand, appeared united in supporting the mandate. The state party released a statement immediately after Kelly’s announcement endorsing the order.

The likely Democratic nominee for U.S. Senate, state Sen. Barbara Bollier, tweeted that masks are one of the easiest ways to slow the spread of COVID-19 and that she was glad that Kelly “is encouraging everyone to wear masks.”

Kansas House Minority Leader Tom Sawyer, a Wichita Democrat, also said mask use should be encouraged.

“Governor Kelly is doing what she feels is necessary to ensure the health and safety of both Kansans and our state’s economy,” Sawyer said.

Among public health experts, little debate now exists that masks are useful in curbing the spread of the virus. Dana Hawkinson, medical director of infection prevention and control at the University of Kansas Health System, said areas with mask usage have lower spread and death related to the virus.

Hawkinson warned the July Fourth holiday — with its accompanying gatherings — could lead to additional cases. The start of the school year is also approaching, which could magnify the spread of the disease.

“Hopefully, we won’t get a lot of the super-spreading events at parties or get-togethers,” Hawkinson told reporters Tuesday. “But that is a very real possibility and that is always out there.”

The Star’s Bryan Lowry and The Eagle’s Dion Lefler and Chance Swaim contributed reporting

This story was originally published June 30, 2020 at 4:06 PM with the headline "Kansas mask order sparks conservative backlash. Counties must decide how to respond."