Could Johnson County COVID violation cost you $500? Officials to vote on enforcement
Johnson County officials will decide on Thursday whether businesses violating new COVID-19 restrictions should receive a citation and $500 fine.
The Johnson County Board of Commissioners narrowly voted last Friday to order a mass gathering limit and midnight curfew on bars and restaurants, in an effort to slow the rapid spread of coronavirus. But officials have yet to decide how to enforce the rules.
Since the pandemic began, the county has concentrated on educating the public on safety precautions rather than doling out any punishments.
The board has already shown it is divided on the issue. Commissioner Mike Brown, who lost his reelection bid earlier this month and has been opposed to all COVID-19 mandates, said on Friday that he wants nothing to do with a “police state with a snitch line.” Commissioners Steve Klika, who did not seek reelection, and Michael Ashcraft joined Brown in opposing the new health order.
But Commissioner Janeé Hanzlick, among the four who voted in favor of the new rules, argued that more needs to be done to mitigate spread of the virus. She previously told The Star, “I don’t know how much more education we can do to encourage personal responsibility,” and pointed out on Friday that many residents refuse to wear masks even at county meetings.
“This to me is an opportunity to help our schools stay open, to help our businesses stay open,” Hanzlick said.
At its weekly meeting at 9:30 a.m. Thursday, the board will debate whether to put teeth in the order, which took effect Monday. The order continues a mask mandate and requires businesses to implement social distancing. In addition, the order limits gatherings to 50 people, or 50% capacity of a venue, whichever is fewer. But most businesses — including shops, bars, restaurants and gyms — are exempt, as are private gatherings in homes.
The gathering limit does apply to weddings, conferences, conventions and other events. Fairs, festivals, carnivals and parades are not allowed. And entertainment venues with a capacity of more than 2,000 people cannot hold events under the order.
Commissioners could decide to make noncompliance a violation of the county code, which could result in a civil penalty that carries a $500 maximum fine. There would be no criminal charge or jail time. The county would ask cities to sign on to the agreement and help enforce the order, according to county documents.
If a business, for example, is violating the health order by not implementing social distancing, code enforcement officers would first educate the owner on the rules. If the violation continues, then an officer would mail a notice of violation and deadline for compliance. If the business then complies, no further action would be taken.
But if not, then a citation and fine could be issued, according to the proposal. If someone refuses to pay the fine, a court date would be set.
The mask order would still be enforced by the district attorney’s office. Violations of the mask order would not be subject to the $500 fine.
Johnson County wouldn’t be the first to issue such a penalty. Last week, Sedgwick County announced that violators of its new health order could be fined $500 as well.
Hanzlick and others have argued that the restrictions need enforcement behind them, as both COVID-19 cases and misinformation about the virus surge. Sanmi Areola, public health director, has warned that residents spreading false conspiracies about coronavirus and the effectiveness of masks contributed to skyrocketing new cases.
The Star reported that the owner of Mexican restaurant Don Chilito’s in Mission is openly refusing to follow the mask mandate, both for employees and customers. The Johnson County District Attorney’s Office has been tasked with enforcing the mandate, although officials said efforts have only been focused on educating the public.
The idea of stronger enforcement is already getting pushback. Newly appointed Olathe Mayor John Bacon and Councilwoman Karin Brownlee both argued that the county should continue with only educating businesses and individuals on the rules, rather than penalizing violators.
“Our police have been in education mode. We’ve not been in a mode where we penalize or fine people. And I would be hopeful that we would continue along that vein,” Brownlee said at Tuesday night’s City Council meeting. “I don’t think we want an environment where we encourage people to feel like they’re snitching on each other or anything of that nature. It’s been painful enough as it is.”
Johnson County’s new COVID-19 restrictions are far less stringent than those approved for Kansas City, plus Jackson, Wyandotte, Clay and Platte counties. The others coordinated to implement basically the same restrictions: Gatherings will be capped at no more than 10 people, with some exemptions, and restaurants and bars are limited to 50% capacity and must close by 10 p.m. The orders in Kansas City and Jackson and Wyandotte counties take effect Friday; the Northland starts next Monday.
Kansas City is primarily enforcing its orders through the Health Department and is asking residents to report violations they see by phone to 311 or via email: covidviolations@kcmo.org. The health, fire and police departments and the Regulated Industries Department, which governs liquor licenses, can close businesses, revoke licenses or issue fines for those who violate the order.
“These are laws. These are rules. People need to follow them,” Mayor Quinton Lucas said in a news conference announcing the new order on Monday. “If they don’t follow them, then they can be shut down by any number of forces.”
Health officials have warned that Johnson County residents must wear masks, social distance, avoid gatherings and follow the other requirements to avoid more stringent rules. The county has been reporting record new daily cases.
Last week, the county reported 2,564 new cases. That’s up from 1,820 cases the week before that. On average, the county is seeing about 366 new cases each day, which is more than double the highest daily case count this summer, Areola said.
The Star’s Allison Kite contributed reporting.
This story was originally published November 19, 2020 at 5:00 AM.
