Gov. Laura Kelly on Wednesday signed a new executive order requiring face masks, this one intended to get more counties to buy into the mandate as COVID-19 spreads wildly across the state and hospitals grope with the pandemic.
The new order gives counties one week to fashion their own version of a mask ordinance or they will automatically come under the governor’s face mask requirements. However, they can still opt out of the order under state law.
The new order starts at 12:01 a.m. Nov. 25 and will remain in place until rescinded or until the current statewide state of disaster emergency expires, whichever is earlier.
The new mask order includes the following provisions:
- Masks must be worn inside, or in line, to any public space.
- They must also be worn while outdoors in public spaces without the ability to maintain a 6-foot distance.
- Businesses must require customers and employees to wear a mask in any space frequented by customers or members of the public.
The governor’s latest initiative comes after she issued a mask order last summer that roughly 90 counties decided not to implement.
Since then, counties that originally opted out of the order have been gradually adopting the mask requirements as the number of COVID-19 cases has escalated.
By the governor’s count, more than 30 counties have since agreed to adopt the requirements as the virus has taken a stronger hold on the state.
Within about the last week, Nemaha, Jefferson, Geary, Waubansee, Jackson and Lyon counties were among the local governments that have adopted new mask orders as the pandemic deepens in Kansas.
“We have learned a lot over the past few months and we know that each Kansas county is confronted with unique challenges when dealing with the virus,” Kelly said.
“Today’s order both ensures that I fulfill my responsibility to create a standard for the state of Kansas to follow, but also gives communities ownership and flexibility to decide how best to implement it,” she said.
On Wednesday, the state reported 5,853 new cases of COVID-19, up from 122,741 on Monday. There were 60 new deaths, bringing the total number to 1,326.
Hospitals across Kansas have been flooded with COVID-19 patients, far worse than anything that the state witnessed when the pandemic first hit the state and many counties elected not to opt into the mask order.
A Kansas Hospital Association report shows the number of COVID-19 cases that have been hospitalized has grown from 820 at the start of November to 1,408 as of Tuesday.
Last week, the state Finance Council approved $1.5 million in coronavirus relief money to launch a campaign to encourage mask use across Kansas.
The Kansas Association of Counties issued a statement responding to the governor’s announcement.
“Elected officials within each of our Kansas counties will evaluate the statewide mask mandate order and will ultimately implement the appropriate safety precautions that best fit the current COVID-19 situation within their respective county,” association spokeswoman Kim Qualls said in a statement Wednesday.
House Speaker Ron Ryckman Jr. questioned the wisdom of a mask mandate.
“We’ve seen time and time again that having someone dictate mandates from Topeka simply doesn’t work,” Ryckman said.
“That why we’ve pushed for better communication that brings Kansans together, we’ve pushed for answers as to why the state still lags behind in testing and behind in getting supplies to the people who need them.”
House Minority Leader Tom Sawyer said the governor’s executive order will give counties a chance to lead on the issue.
“We understand that every county is different and this is an opportunity for leadership in each to step up and contribute to the overall health of our state,” Sawyer said.
“The time for arguing and debating is long-past – we must do the right thing for Kansas.”
House Majority Leader Dan Hawkins said in a statement that he was a grateful that the governor’s order didn’t try to supersede the authority of local governments.
“Mandates and lockdowns will not eliminate the virus no matter how extreme they are,” Hawkins said in his statement.
“If we all treat the virus seriously, take personal responsibility, and respect each other, we can turn the corner on the virus,” he said.
“The state’s role is to ensure that the public receives accurate, transparent, and timely information that individuals can use as they make decisions on how to go about their lives.”
Outgoing Senate President Susan Wagle, too, noted that counties still have the ability to opt out of the order.
“I have been a relentless advocate for local control and community leaders will still have the final say and will make their own decisions on what’s best for their constituents,” she said in a statement.
“I trust they will consider this proposal, listen to health care experts and their neighbors, and do what they think is best,” she said,
“The decision is still in their hands and I will always believe statewide restrictions aren’t the answer.”
