Five Kansas police chiefs and sheriffs say they won’t enforce governor’s mask order

Five police chiefs and sheriffs in Kansas have announced that they will not enforce a face mask order that will be issued by the governor later this week.

The police chiefs in Sterling, Norton and St. Marys and the sheriffs in Comanche and Bourbon counties said in Facebook posts on Tuesday that their agencies will not enforce Gov. Laura Kelly’s executive order.

“There is no law in the State of Kansas that states that you will/shall wear a mask, therefore there will be absolutely no lawful enforcement within Comanche County,” Sheriff Mike Lehl said in a statement.

Kelly on Monday said that she will issue an executive order on Thursday that requires people who are in public to wear face masks. The measure is intended to slow the spread of the coronavirus as the state grapples with spikes in COVID-19 cases. Details of the order have not been released.

It is unclear, however, whether local law enforcement has any official role in enforcing the executive order. The state emergency management law was changed in early June to make violations of executive orders a civil matter instead of a criminal misdemeanor.

One of the five law enforcement leaders pointed to the language of the law as the reason his agency won’t enforce the order.

“With the facts of law stated, the Sterling Police Department will not be enforcing the non-wearing of masks or utilizing resources to respond to calls simply because someone isn’t wearing a mask unless there is a violation of criminal trespass or other criminal violation(s) occurring,” Police Chief Derrick Ploutz said in a statement.

The Bourbon County Sheriff’s Office made a similar statement, though it did not directly reference the law, and asked people not to call 911 to report people who don’t comply with the order.

“It’s my understanding that our Sheriff’s office has no authority to enforce the order as it stands,” agency officials said in a statement. “If you choose to wear a mask or not it is your personal preference, however if you encounter a business that posts a ‘mandatory mask wearing sign’ before you enter, you must comply or take your business elsewhere!”

The emergency management law grants county attorneys, district attorneys and the attorney general the power to sue people who violate the order. The maximum civil penalty is $2,500 per violation. They can also obtain restraining orders.

But Lehl, the Comanche County sheriff, said “there will be absolutely no lawful enforcement” of a face mask order in the county.

“The Bill of Rights was not adopted to give us certain rights,” Lehl said. “It was adopted as a protection to limit government and to keep our government from infringing upon our God-given rights. ... These days I feel it is the responsibility and duty of the Sheriff to ensure that the local populous is safeguarded from both State and Federal government’s over-reach of power.”

Police in St. Marys also said the governor’s orders are not laws.

“As with the Governor’s previous orders, they are not laws, and they are not enforceable,” the law enforcement agency said in a Facebook post. “The Saint Marys Police Department will not be issuing citations or making arrests for not wearing a mask.”

The emergency management law states that the governor’s orders “have the force and effect of law during the period of a state of disaster emergency.” The governor may also “require and direct the cooperation and assistance of state and local governmental agencies and officials.”

The new state law does allow county commissions to overturn or soften Kelly’s health orders. But that can’t be done until the executive order is actually issued.

“While we highly encourage everyone continue to practice social distancing and to wear face masks, it is the position of the Chief of Police that as an agency, we will not be enforcing this order,” the Norton Police Department said in a statement. “If any private businesses require you to wear a mask, we ask that you adhere by their rules.”

As of Monday’s report from the Kansas Department of Health and Environment, Bourbon County had 19 cases of COVID-19 and Comanche County had two. Rice County, which contains Sterling, had four cases. Norton County also had four cases. Pottawatomie County, which contains St. Marys, had 68 cases.

This story was originally published June 30, 2020 at 9:05 PM.