County sets new COVID rules on bars, stores, restaurants, sports; up to $500 fines
With hospitals full and coronavirus infection at its highest level since the COVID-19 pandemic began, Sedgwick County’s health officer has issued a new order tightening limits on mass gatherings and setting an earlier curfew on bars, nightclubs and restaurants.
County commissioners also added enforcement provisions to what had been a nearly unenforceable set of rules, establishing a maximum fine of $500 for repeated violations.
Dr. Garold Minns’ new health order limits wedding receptions and other family gatherings to 100 persons, or 50 percent of the venue’s fire code capacity, whichever is less. Church weddings are exempt as religious activities.
Minns said the limit on gatherings is particularly important with the Thanksgiving-Christmas-New Year holiday season coming up, a traditional time for local families to gather with non-resident relatives and friends.
Other provisions in the order include:
▪ Shopping — Retail stores will be required to inform patrons that masks are mandatory to enter the business. Also, each store’s management will be responsible for enforcing mask requirements and questioning those not wearing masks to determine if they have some personal exemption.
While rules have generally been lax on stores, it’s necessary to toughen restrictions with larger crowds expected for holiday shopping, especially the Black Friday shopping day after Thanksgiving, Minns said.
▪ Sports — Attendance at sporting events, tournaments and other recreational events will be limited to a maximum of two spectators per participant. School sports will continue to be regulated by school boards and interscholastic athletic associations.
▪ Bars and nightclubs — The closing time for all bars and clubs will be set at 11 p.m., rolled back from the current 1 a.m. curfew.
▪ Restaurants — Minns’ new order adds restaurants to the late-night curfew. In-person dining will have to shut down at 11 p.m., similar to bars and nightclubs.
▪ Table seating — In eating and drinking establishments, seating will be capped at eight people per table, with at least six feet of separation or a Plexiglass or other physical barrier between tables.
The commission also passed a resolution that would allow police and deputies to issue code-violation citations.
Penalties could range up to a maximum $500 plus $20 court costs. No one could be jailed for violations.
That resolution passed 3-2, with commissioners Pete Meitzner, Lacey Cruse and David Dennis voting yes.
Minns’ new rules take effect on Wednesday.
The separate penalty resolution will allow sheriff’s deputies to begin issuing citations for violations in unincorporated areas as early as Nov. 18, Assistant County Counselor Justin Waggoner said.
Violations could also be enforced in cities by police or code-enforcement officers, but each city council would have to take action to allow that.
Wichita Mayor Brandon Whipple said he’s in favor of partnering with the county but added that he’s a bit confused that this wasn’t brought forward months ago.
“I’ve been pushing for our city to help enforce the county’s health order for months, and we’re just now finding out the county can’t enforce its order in the city limits without our permission?” Whipple said. “As a city, we should be helping in every way we can to beat this virus.”
Minns said the stronger action is needed because hospitals are getting overwhelmed with COVID and all indicators are pointing the wrong direction.
“The community is getting close to capacity of handling these patients,” Minns said. “If we want to get control of this . . . we’re going to have to have better compliance.”
Commissioner Jim Howell, who has opposed most regulations offered since the pandemic began, said the time has come for stronger action on COVID.
“It is getting much worse,” said Howell, who recently quarantined for weeks after catching the coronavirus. “I don’t feel comfortable doing nothing and I think we ought to do more.”
He also supported putting some teeth into the action so it can be enforced, he said.
“One of my big complaints is, if we’re going to make a mandate, make it enforceable,” Howell said before Tuesday’s meeting. “If we’re not going to make it enforceable then the mandate is basically not really a mandate.”
He did balk at the maximum fine of $500, which he said should be lower, eventually voting “no” on the enforcement resolution with Commissioner Michael O’Donnell.
Enforcement has been an ongoing problem with previous county orders, with numerous business openly flouting occupancy limits, social distancing and mask requirements.
Seeking to rein in Gov. Laura Kelly’s emergency powers over pandemic response, the state Legislature in June passed a law making violation of health orders a civil offense instead of a criminal infraction.
That has previously been interpreted to mean the county would have to go through the cumbersome process of filing lawsuits to enforce its health orders, rather than simply writing tickets to violators.
A Wichita mask ordinance that was enforceable was allowed to expire last month by the City Council.
The state law also has crippled the county’s efforts to track the virus.
Minns and county Health Director Adrienne Byrne reported last week that compliance is spotty with current restrictions on public gatherings that can spread the virus.
While some bars and event planners are complying with limits on size of events and requirements for protective masks and social distancing, many have been ignoring those rules. The health officials said large weddings and bars filled to capacity have become fairly common again and it’s dangerous.
The discussion takes place against the backdrop of the worst coronavirus news since COVID-19 came to Kansas in March.
The positive test rate, a key measure of community spread, is at an all-time high. Slightly under 5% in mid-September, it’s skyrocketed to over 20% at present.
Hospitals are rated in critical condition.
On Monday, the county reported 178 COVID patients hospitalized and 80 in intensive care. That’s up from 111 in hospitals and 60 in ICU a week ago.
The rising COVID tide prompted the Medical Society of Sedgwick County, representing 1,300 doctors, to weigh in with a strong statement calling for more action.
“Sedgwick County is on a dangerous trajectory, with a rapidly rising number of COVID-19 cases and increasing positive-test percentage,” the statement said. “Ascension Via Christi and Wesley Medical Center are struggling to care for all the COVID patients. It is imperative that our community redoubles its effort to limit the spread of this virus.”
The statement also called on individuals to be more responsible:
“Please wear a mask, practice social distancing, avoid crowds, and wash your hands frequently,” it said. “Lives depend on it.”
This story was originally published November 10, 2020 at 12:22 PM.
