Johnson County votes to add teeth to COVID-19 rules: Violators could be fined $500
Businesses that violate Johnson County’s new COVID-19 restrictions could face fines of up to $500, the Board of Commissioners narrowly decided Thursday.
The board voted 4-3 to enforce the health order, which went into effect on Monday. By the same margin last Friday, commissioners approved the order, which includes a mass gathering limit and midnight curfew on bars and restaurants, in an effort to slow the rapid spread of coronavirus.
If a business does not implement social distancing or if a bar refuses to close at midnight, for example, the owner could receive a citation and fine. But officials stressed that they would focus on educating businesses before issuing any penalties.
Individuals would not be subject to any citations or fines. And the county’s mask order will be enforced separately by the Johnson County District Attorney’s office, as it has been since it was approved in July, said Cindy Dunham, legal counsel for the county.
“Of course no one wants to restrict people’s freedoms or their ability to move about their lives,” said Commissioner Janeé Hanzlick, who voted for the enforcement. “In fact, that is exactly why we need to have these restrictions so that people can go into stores safely. So that businesses can stay open. So that we can allow our hospitals to continue to function. … So that our kids can go back to in-person school.”
But several residents — many of whom were not wearing masks — attended the meeting Thursday morning and argued against the county requiring face coverings or enforcing COVID-19 restrictions, arguing that their freedoms were being violated. Some carried signs that read, “stop spreading fear” or “my body, my choice.” At times, the crowd interrupted the meeting by booing, and after the vote some chanted “we will not comply.”
“I think the line gets crossed. We’re getting very close to the line of how many rights we can take from the public,” said Commissioner Steve Klika, who voted against enforcing the health order. “People’s belief is they should have the freedom to basically live their own lives with as little government interference as possible.”
Commissioners Michael Ashcraft and Mike Brown also voted against the measure. Brown lost his reelection bid this month, and Klika is stepping down.
Whether to approve mandates — and enforce them — has divided the county board, and the public. Commissioners who voted for the enforcement mechanism said that it is critical for businesses to abide by the health order, as well as for residents to wear masks and avoid gatherings, in order to stop the exponential increase in transmission of the virus.
This week, a White House document labeled Kansas a “red zone” for surging coronavirus cases, and officials urged more stringent protective measures. With Johnson County reporting record new COVID-19 cases, hospitals are reaching capacity and every district in the county will have older students in online-only classes.
Johnson County’s health order requires restaurants and bars to close at midnight. And businesses must implement social distancing, with some exemptions. Hair and nail salons and other businesses that cannot social distance may only serve customers by appointment. Restaurants and bars must separate tables by six feet, plus only allow eight people at a table.
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 limit on mass gatherings does apply to conferences, conventions and other public events. Fairs, festivals, carnivals and parades are not allowed. And entertainment venues with a capacity of more than 2,000 people cannot hold events.
Commissioners agreed to make noncompliance with the order a violation of the county code, which could result in a civil penalty that carries a maximum $500 fine. There would be no criminal charge or jail time.
City councils will have to decide whether to enforce the order within city limits, Dunham said.
She said that enforcement officers — county staff who already enforce the county code — will first educate businesses on the order. Only persistent violators would receive a potential fine.
If a bar or restaurant refuses to close at midnight, for example, code enforcement officers would work with the business to explain the rules. If the violation continues, then the business would receive 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. If a business owner refuses to pay the fine, a court date would be set.
Last week, Sedgwick County announced that violators of its new health order could be fined $500 as well.
Many officials have agreed that the new health order needs teeth, as many residents ignore the mask mandate and other rules, partly due to COVID-19 fatigue. Health officials have warned that misinformation about the effectiveness of masks and the virus in general — many residents spread misinformation during Thursday’s meeting, for example — has contributed to cases skyrocketing.
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 Monday.
