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Kansas judge strikes down COVID restriction challenges in law

A Johnson County judge struck down provisions of a sweeping change to the state s emergency management law, which allow individuals to challenge COVID-19 mitigation protocols put in place by local and state governments. The ruling from Judge David Hauber invalidates core portions of the legislature s efforts to increase oversight on local governments and Gov. Laura Kelly in handling the pandemic. It also restores the ability of local health officers to issue orders without the oversight of other county officials. But Republican lawmakers voted last month to end the state s COVID-19 emergency declaration, meaning many of the other provisions under Senate Bill 40, signed into law earlier this year, will end. 

Judge Strikes Down Kansas COVID-19 Emergency Powers Law, Rejects Challenge To School Mask Rule

Shawnee Mission Post If the ruling stands, local governments would have have more power to enact rules in response to a pandemic. A Johnson County judge has ruled that a law passed this spring to curtail local governments’ emergency powers during the COVID-19 pandemic is unconstitutional. In the same ruling, Judge David Hauber sided with the Shawnee Mission School District in dismissing two parents’ complaints over not being given public hearings under the law to challenge the district’s mask rules last school year. Hauber ruled that the law’s accelerated process for allowing citizens to raise grievances against COVID-19 policies deprives local governments including school districts of due process and violates the separation of powers between the legislative and judicial branches.

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