Kansas Supreme Court issues stay of lower court’s rejection of emergency management law

Attorney general seeks pause after judge ruled statute unconstitutional

by Tim Carpenter, Kansas Reflector

Topeka — The chief of the Kansas Supreme Court issued a stay Tuesday of a district court ruling that declared unconstitutional portions of an emergency management law adopted to recalibrate government authority during the COVID-19 pandemic.

Chief Justice Marla Luckert released the one-page order in response to a request from Attorney General Derek Schmidt, who planned to appeal the July 15 ruling by a Johnson County District Court judge that Senate Bill 40 was unenforceable. The law was approved this year by the Republican-led Legislature and signed by Democratic Gov. Laura Kelly.

District Court Judge David Hauber had rejected Schmidt’s request to suspend the district court action. The attorney general’s plea suggested to do otherwise would create “legal anarchy.” The judge, however, said the attorney general raised “fantastical” arguments.

Hauber waded into the controversy after parents in the Shawnee Mission School District filed a lawsuit in opposition to a policy requiring students to wear a face covering as a shield against COVID-19.

The judge found the new version of the Kansas Emergency Management Act conflicted with principles of separation of power among branches of government. In part, the statute moved authority to issue or extend disaster declarations from the governor to a council of state legislators.

Issues raised by the lawsuit and the judge’s decision have taken on new relevance as the delta variant of COVID-19 spread throughout communities in Kansas at the same time K-12 classes resumed.

In the original lawsuit, parents Scott Bozarth and Kristin Butler asserted implementation of a mask mandate could cause “psychological harm.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2021/08/24/kansas-supreme-court-issues-stay-of-lower-courts-rejection-of-emergency-management-law/

Governor pleads for Kansans to get vaccines and wear masks as Delta cases climb

Gov. Laura Kelly spoke today in Johnson County, urging Kansans to get vaccines and wear masks as Delta cases rise in Kansas.

The governor spoke at a news conference Friday at St. Luke’s Health System, where doctors said that intensive care units of area hospitals are full. Doctors there said they don’t know of a hospital in the area that is not in crisis right now.

“Over the past several weeks, COVID cases and related hospitalizations have risen exponentially,” Gov Kelly said. “It shouldn’t be like this, but COVID infections are more rampant today than they were before the vaccine was available.”

The governor said at six of the largest hospitals in Kansas, ICUs are at 100 percent capacity. Two-thirds of the beds in ICUs are filled with COVID patients, she added. Others are close to capacity.

Patients are younger and sicker than before, she said. The state is not at the point of no return, however.

“Armed with the COVID vaccine, we can stop the Delta variant before it overwhelms our state,” Gov. Kelly said.

The governor said she was not ready to issue a state of emergency again, as the Legislature has put some roadblocks in place to sustaining the emergency declarations.

While she understands the trepidation unvaccinated persons may face, much of it is caused by blatantly false information, she said. The vaccines are safe and masks work, she added.

To those who may be using the COVID or mask issue to divide people, Gov. Kelly said their actions are not hurting her. Their actions are hurting people who need to go to the hospital, where there may not be space for them, hurting businesses which may be losing revenues as people stay home, hurting teachers who risk their safety when students do not mask, and hurting health care workers who are exhausted and disheartened but remain on the front lines, she said.

The governor also urged every school district in Kansas to implement mask mandates in schools. People should get vaccinated for their health, for the health of their children and for the community, she said.

This moment is urgent in Kansas, and residents don’t have to relive what they faced before if the use the tools readily available to them, she added.

To see a video of the news conference, visit https://www.facebook.com/saintlukeskc/videos/540340323840759.

School districts here seeing increased COVID cases

In Wyandotte County, school districts are seeing some increases in COVID-19 cases.

The Kansas City, Kansas, Public Schools, which has a mask mandate, have a total of 220 quarantined students and staff, according to spokesman Edwin Birch. The figure includes vaccinated and unvaccinated persons.

There were 59 positive students and 23 positive staff, with a total of 82 positive cases since the district started school on Tuesday, Aug. 10, he stated.

“We will continue to monitor evidence of transmission within each building and will consult with the UGPHD if we have concerns about ongoing transmission,” Birch stated Friday morning. “At this time per Kansas law, all of our students are attending in-person unless they have selected Greenbush as a virtual option.”

Students in Kansas were mandated by the Legislature to attend school in person this fall, and the state gave them the option of staying home and selecting Greenbush virtual school. They do not have school district teachers under the Greenbush program.

Jenny Hurley, spokeswoman for the Piper School District, stated on Friday that Piper began classes for the fall semester on Thursday, and did not yet have any positive student cases within the school.

However, there are 11 students who are quarantined because of outside exposure or a positive case before the start of the school year, she stated. The Piper district also has two positive staff members currently, she added.

The Turner School District switched from optional mask wearing to a mask mandate on Thursday, after reporting 23 active student positive cases and four active staff positive cases on Wednesday morning, according to spokeswoman Lauren Aiello.

The main reason for implementing the mask mandate in Turner was the number of students who have to be quarantined because they were unmasked, unvaccinated and close contacts of positive cases, according to the spokeswoman. The school district implemented the mask mandate to keep more students in school.

Free vaccines available

Free COVID-19 vaccines will be available from 10 a.m. to 6 p.m. Wednesday through Friday at the Kmart vaccination site, 7836 State Ave., Kansas City, Kansas. Vaccines are free for people ages 12 and older. There are gifts available, and a “Spin to Win” promotion is ongoing for Wyandotte County residents, as supplies last.

The Health Department announced it would increase the Spin to Win prizes, starting Aug. 18, for first vaccines given at the Kmart site, according to a Health Department spokesman. Previously prizes were as high as $50, and now they will go up to $100.

Currently, the incentives and prizes are only at the Kmart site, and only available for people who live in Wyandotte County and come in for their first dose. There have been other prizes at some of the community events that the mobile vaccine team has attended.

For more information on the Unified Government Health Department’s vaccine schedule, see WycoVaccines.org.

The Health Department has announced it will give a third vaccine shot to moderately to severe immunocompromised patients. For more information, visit https://wyandotteonline.com/health-department-to-provide-third-vaccine-doses-for-immunocompromised-people/.

Faith in Action will hold a COVID-19 vaccination clinic from noon to 3 p.m. Saturday, Aug. 21, at 1419 N. 8th St., Kansas City, Kansas. Residents of Wyandotte County who get vaccinated at the event can receive a $50 debit card. The hosts of this event are the Rev. Antoine Shyne of St. Peter CME Church and the Rev. Donald Black II of Eighth Street Baptist church.

There will be free ice cream. This event is supported by the Rev. Jason Thompson and First AME Church, the Rev. Desmond Lamb and Forest Grove Baptist Church, the Rev. Sherman Hoston and Mt. Calvary Missionary Baptist Church, the Rev. Jay D. Rogers and Greater Jerusalem Baptist Church, the Rev. Tony Carter and Salem Baptist Church, the Rev. Glenn Brady and New Bethel Church, and the Unified Government Health Department.


Oak Ridge Baptist Church, 9301 Parallel Parkway, plans free testing and COVID vaccinations from 11:30 a.m. to 2:30 p.m. Sunday, Aug. 22.

Back-to-school childhood immunizations will be available from noon to 6 p.m. Wednesday, Aug. 25, at the Kmart vaccination site, 7836 State Ave., Kansas City, Kansas. These free immunizations are for children without health insurance or for children who are insured through KanCare (Medicaid). Parents should bring children’s vaccination records.

A free vaccine and testing event will be held from 9 a.m. to 1 p.m. Thursday, Aug. 26, at Cross-Lines Community Outreach, 736 Shawnee Ave. These events are being held in conjunction with the Kansas Department of Health and Environment.

Mobile vaccines can still be requested online at WycoVaccines.org or by calling 3-1-1 (913-573-5311).

Other sites available for vaccinations

Some doctors’ offices offer COVID-19 vaccinations. If you haven’t received your vaccination yet, call your doctor’s office to see if it is available now.

Free vaccinations at KU Health System are open to the public. Current patients may use MyChart to make an appointment. Others may call 913-588-1227 or visit kansashealthsystem.com/vaccine to make an appointment to get vaccinated. KU Health System currently is vaccinating residents of Kansas and Missouri who are 12 or older, by appointment only. Those under 18 must be accompanied by a parent or guardian throughout the appointment.

There are also pharmacies giving free COVID-19 vaccinations in Wyandotte County by appointment, when available. These include Price Chopper and Hen House pharmacies, which are now also accepting walk-in vaccinations or appointments, and are starting vaccinations for age 12 and up at those pharmacies that are giving Pfizer vaccine (see https://www.ballsfoodspharmacy.com/).

CVS has announced walk-in appointments for COVID-19 vaccine at some of its stores. Those interested in getting a vaccination at a CVS pharmacy are asked to visit a CVS website in order to make sure there is vaccine available. The website is at www.cvs.com/. Walgreens and Walmart also were listed on www.vaccines.gov as giving vaccinations.

Other pharmacies and sites giving vaccines are listed at www.vaccines.gov. The website also tells whether vaccines are in stock at the locations.

Case numbers reported

On Friday morning, KU Health System reported 56 active COVID patients, a decrease of one from Thursday. Only one of the 56 patients was vaccinated. Twenty patients were in the ICU, a decrease of one from Thursday. Thirteen were on ventilators, a decrease of one from Thursday. Thirty-six other patients were still hospitalized because of COVID, but were out of the acute infection phase, an increase of three from Thursday. There were a total of 92 patients, an increase of two from Thursday. Children’s Mercy Hospital reported 18 positive COVID patients, an increase of four from Thursday.

Wyandotte County reported a cumulative 21,722 cases on Friday, an increase of 74 since Thursday, according to the Unified Government Health Department’s COVID-19 webpage. There was a cumulative total of 320 deaths reported, no change from Thursday.

On Wednesday, Aug. 18, the Unified Government Health Department reported that 44.87 percent of Wyandotte County residents had received at least one dose of vaccine. Those completing their vaccinations totaled about 37.7 percent.
The percentage of Wyandotte County residents who were age 12 and older who had received at least one dose was 55.2 percent.

The Mid-America Regional Council on Thursday reported 190,342 cases in Greater Kansas City, a nine-county area. There were a total of 2,580 deaths. The daily average of new hospitalizations was 161.

The Kansas Department of Health and Environment reported 356,065 cumulative COVID-19 cases in Kansas on Friday, Aug. 20, an increase of 2,675 since Wednesday, Aug. 18. There was a total of 5,494 cumulative deaths reported statewide, an increase of 38 since Aug. 18.

The KDHE reported 67,490 cumulative COVID-19 cases in Johnson County on Aug. 20, an increase of 454 since Aug. 18. Leavenworth County had 8,729 cases, an increase of 77 since Aug. 18. Sedgwick County (the Wichita area) reported 63,870 cases, an increase of 421 since Aug. 18.
Douglas County (the Lawrence area) had 10,082 cumulative COVID-19 cases on Aug. 20, an increase of 60 since Aug. 18, according to KDHE. Shawnee County (the Topeka area) had 20,595 COVID-19 cases, an increase of 265 since Aug. 18. Riley County (the Manhattan area) had 6,985 cases, an increase of 25 cases since Aug. 18.

On Thursday, there were a cumulative 37,294,141 COVID-19 cases in the United States, with cumulative 625,166 deaths, according to the Johns Hopkins Coronavirus Resource Center.
There were 704,840 vaccine doses reported administered Wednesday in the U.S., with 52 percent of the population fully vaccinated.
Vaccination progress: California 85,697; Texas, 80,853; Florida, 67,602; New York, 47,695; and New Jersey, 25,188.
Vaccination progress: China, 12.85 million; India, 5.83 million; Iran, 3.68 million; Indonesia, 1.8 million; and U.S., 704,800.
Countries with rising numbers of COVID-19 cases included U.S., 137,820; Brazil, 41,714; Iran, 39,174; India, 36,401; and United Kingdom, 33,758.

Free testing available

Free COVID-19 testing is available from 9 a.m. to 3 p.m. Monday to Friday at the UG Health Department’s central location, the former Kmart, 7836 State Ave., Kansas City, Kansas. Free gift cards are available to those who get a test, while supplies last.

Free COVID tests also are being held at the Kansas National Guard Armory, including tests from 8 a.m. to 8 p.m. Friday at 100 S. 20th St., Kansas City, Kansas. There also are tests at the Armory from 9 a.m. to 3 p.m. Saturdays and Sundays. Appointments can be made at gogettested.com/Kansas.

For more information, visit www.facebook.com/UGHealthDept.

COVID-19 testing is available at several locations in Wyandotte County.

Visit gogettested.com/Kansas and https://wyandotte-county-covid-19-hub-unifiedgov.hub.arcgis.com/pages/what-to-do-if-you-think-you-have-covid-19 for more sites.

Wyandotte County residents may contact the Health Department at wycohelp.org to sign up for a test to be delivered to their home.

For more details about free COVID-19 testing offered by the UG Health Department, visit https://wyandotte-county-covid-19-hub-unifiedgov.hub.arcgis.com/pages/what-to-do-if-you-think-you-have-covid-19, https://www.facebook.com/UGHealthDept or call 3-1-1.

To view the new mask order in Kansas City, Kansas, visit https://www.wycokck.org/files/assets/public/health/documents/covid/mask-mandate-resolution-r-47-21-effective-august-6-through-september-16-2021.pdf and https://www.wycokck.org/files/assets/public/health/documents/covid/ug-issues-mask-order-for-kck-and-other-portions-of-wyco.pdf.

KCK man dies in traffic accident

A Kansas City, Kansas, man died in a traffic accident Thursday afternoon on I-435 south of Midland Drive in Johnson County.

According to the Kansas Highway Patrol trooper’s report, a Mitsubishi was northbound on I-435 when its left rear tire blew out, around 3 p.m. Thursday.

The vehicle was unable to correct its direction and struck the right guardrail, according to the report. The vehicle then went over a bridge and rolled twice, landing in a creek, the trooper’s report stated.

The Mitsubishi was pulling a wood chipper trailer.

A passenger in the Mitsubishi, Gomez Humberto-Perez, 43, of Kansas City, Kansas, died in the accident, according to the trooper’s report.

The driver of the vehicle, a 24-year-old man from Overland Park, Kansas, was injured and was taken to a hospital, the report stated.