Jul 02, 2020

Barton County Commissioners repeal provisions of Governor's mask order

Posted Jul 02, 2020 10:00 PM

By a 4-1 vote, Barton County Commissioners Thursday afternoon passed a resolution that repeals the provisions of Governor Laura Kelly's executive order in reference to the use of face masks in Public.

As expected Thursday morning, the Governor issued an order directing Kansas residents to wear masks in public places and their workplaces. The new mask requirement will take effect at 12:01 a.m. Friday.

Despite the comments of Barton County Health Director Karen Winkelman and Medical Consultant Dr. Stanley Hatesohl who reported on the value of masks helping to curb the spread of Covid-19, the board voted to repeal the order calling it unenforceable.

That was the opinion as well of both Barton County Attorney Levi Morris and Sheriff Brian Bellendir.

Morris says that the Kansas Attorney General issued his guidance on the issue earlier Thursday and stated that only a civil suit could be brought against those who violated the Governor's order, something he would not do unless it was an egregious violation of the order.

Bellendir reiterated information from a press release he sent out to media on Wednesday. Based on HB 2016 which amends the governing statute, KSA 48-939, violation of the statute carries a civil penalty and not a criminal penalty. He says the Sheriff’s Office does not investigate nor enforce civil actions.

Both Morris and Bellendir felt that by repealing the provisions of Kelly's order, it would provide clarity and guidance to citizens to hopefully cut down on the number on people calling law enforcement to report people who are not wearing masks.

Commissioner Home Kruckenberg was the only board member to vote in support of the Governor's order although all five Commissioner's did urge citizens to wear masks in public if possible.