Kansas county drops order requiring businesses to divulge customer info without warrant

A rural eastern Kansas county that ordered businesses to track in-person customers and turn over the information so health officials could track the coronavirus will now allow businesses to refuse to provide it unless the county obtains a warrant.

Under a new order issued by Linn County Health Officer Jay Allen, businesses may decline to turn over the names, phone numbers, arrival and departure times of customers. But health authorities can then ask a judge for a search warrant to require businesses to provide the data.

The change was enough for a local newspaper publisher and restaurant owner to drop their federal lawsuit over the old order, which included no requirement for a warrant.

“This case was about Linn County understanding that constitutional rights cannot be ignored. Even during a pandemic, we’re happy to stand up with Kansans to protect their rights and liberties,” said Sam MacRoberts, an attorney with the Kansas Justice Institute.

The institute litigated the case on behalf of Jackie Taylor, owner and publisher of the Linn County News, and Linda Jo Hisel, who owns Nana Jo’s Café in the county.

The two business owners filed suit in the U.S. District Court on May 10. On Friday, Judge Holly Teeter heard arguments over issuing a temporary restraining order that would stop Linn County from collecting the information.

Teeter never made a decision. On Monday, Taylor and Hisel asked to dismiss the case. Under the new order, the county health department “has the burden of seeking a search warrant or other legal process if it wants information.”

Despite the clash over civil liberties in Linn County, it has largely been spared from the coronavirus. As of Monday, just seven cases have been diagnosed. The has a population of roughly 9,700.