Reopening Kansas: Less restrictive rules May 4, but COVID-19 testing concerns remain

Kansas plans to switch to “significantly less restrictive” coronavirus rules on May 4, kicking off a fraught reopening that will almost certainly lead to more illnesses but may also begin to restore the state’s anemic economy.

Gov. Laura Kelly this week will outline standards to guide how restrictions are lifted, but a court document filed over the weekend makes clear she plans to move forward with easing tight limits on public gatherings absent dramatic changes in the shape of the pandemic.

The document, coming in a closely-watched lawsuit over an executive order limiting in-person religious gatherings, provides the most detail so far about how – and when – the Democratic governor plans to start Kansas on the path back to normal after weeks under a statewide stay-at-home order.

Beginning May 4, Kelly intends to issue new “re-opening restrictions” that won’t prohibit gatherings where people can consistently maintain a 6-foot distancing and follow other safety measures, according to the filing.

While the specifics may change, “unless there is a significant change in trends or status of the pandemic, the new restrictions will be significantly less restrictive than those currently in place.”

Even so, counties and cities are expected to hold at least some power to impose their own restrictions. Areas with large numbers of cases or severe outbreaks could remain under more stringent rules, while other areas might resume business more quickly.

Kelly’s commitment comes even as Kansas ranks last or nearly last among states in per-capita coronavirus testing. Difficulty obtaining testing supplies has so far prevented health officials from conducting the population testing needed to determine the prevalence of the disease across the state.

Outbreaks tied to meatpacking plants across Kansas have also drawn federal attention and are fueling growing case numbers. A quarter of the nation’s beef is processed in the state and authorities have deployed thousands of tests to try to contain the virus’s spread.

As of Saturday, nearly 2,300 cases have been reported along with 117 deaths.

Still, there are encouraging signs that Kansas may be in the middle of its coronavirus peak. Deaths in Kansas will peak this week at seven per day, according to modeling from researchers at the University of Washington.

The state is also experiencing a drop in the number of hospitalized patients, along with the number of people in critical care and on ventilators, Kansas Department of Health and Environment Secretary Lee Norman said Friday. Norman did not provide details of those numbers.

The University of Washington model projects that Kansas hit its peak use of hospital resources, such as beds and ventilators, on April 20.

“The trend line is very favorable,” Norman said.

Testing supplies needed

Kelly has said the standards that will guide the state’s reopening will center on COVID-19 testing, the ability of hospitals to handle a surge in cases, the availability of personal protective equipment and the scope of contact tracing to identify and quarantine those exposed.

But last week, the governor continued to express grave concerns over testing, saying the state has “nowhere near” the supplies needed. Kansas consistently ranks last or near-last among states in per-capita testing.

“While there are many reasons to feel optimistic about the direction we’re headed, they concur that Kansas is not yet where we need to be,” Kelly said Wednesday, referring to her team.

State officials have been engaged in an all-out effort to improve testing, including enlisting dentists to manufacture specialized nasal swabs. But requests for federal assistance have gone largely unmet, except for aid to contain meatpacking plant outbreaks.

Kelly’s May 4 target aligns with some other reopening efforts across the region. In Missouri, Gov. Mike Parson has said he also plans to begin lifting restrictions on May 4 and that gyms, barber shops and salons will be allowed to open for business.

Republicans have also been pressuring Kelly to lay out her reopening plan as the economic damage from the virus and the response grows. Jobless claims are approaching 200,000 as many businesses remain closed.

House Speaker Ron Ryckman, an Olathe Republican, said last week that officials need to continue to work on what can be done to safely reopen the state.

Dispute over church services

Details of Kelly’s plan were included in a joint motion filed in federal court Saturday night by attorneys for the governor and two churches that have sued to block an order prohibiting religious services of more than 10 people.

Judge John Broomes has previously issued a temporary restraining order allowing the churches to hold services while following social distancing rules.

The churches contend Kelly’s directive violates religious freedom. Top Republican lawmakers have also condemned it, saying religious activity shouldn’t be criminalized.

The motion essentially seeks to extend the current temporary restraining order. It says “there is a likelihood this matter will be moot in the future” based on Kelly’s intention not to extend current restrictions beyond May 3. Broomes must still sign off on the terms of the agreement.

The churches – First Baptist Church in Dodge City and Calvary Baptist Church in Junction City – would also be allowed to preview Kelly’s new restrictions before they’re implemented.

“While I am confident that we have the law on our side, the agreement with these two churches will allow us to move forward and focus our efforts on mitigating the spread of the disease and working to restart the economy,” Kelly said in a statement.

Ryan Tucker, senior counsel for Alliance Defending Freedom, which is representing the churches, said that if the law was on Kelly’s side, she wouldn’t have consented to the motion, which says she plans to issue a new, less restrictive order on mass gatherings by May 4.

“We reserve the right to continue litigating this matter if Gov. Kelly does not follow through with appropriately amending her mass gathering ban,” Tucker said in a statement. “This is a victory for the churches whose First Amendment freedoms the governor has repeatedly disrespected throughout this ongoing litigation.”

A message left at Calvary Baptist Church wasn’t immediately returned Sunday. A call to Heritage Baptist Church in Lawrence, which has also been holding in-person services, wasn’t answered.

A person who answered the phone at First Baptist Church declined to provide their name and said they didn’t want to speak to the press.

Told the call was regarding Kelly’s plans to ease restrictions, the individual replied, “Praise the Lord, that’s all I have to say.”

This story was originally published April 26, 2020 at 12:50 PM with the headline "Reopening Kansas: Less restrictive rules May 4, but COVID-19 testing concerns remain."