Why require face mask use? Kelly says it’s needed to help schools reopen in the fall

Kansas Gov. Laura Kelly and a top Republican lawmaker said Thursday that the statewide order requiring face masks is a critical step toward reopening schools this fall and getting children back into the classroom as the pandemic continues.

“If we really want to open our schools in August, we need to put this in place right now,” Kelly said.

But some leading GOP officials condemned the mandate, and one argued a Kansas Supreme Court decision that guarantees women the right to an abortion and personal autonomy also means Kelly can’t order mask use.

The Democratic governor and legislative leaders gathered Thursday afternoon for a public briefing on the mask order, which Kelly issued that morning and goes into effect Friday. It will require Kansans to wear masks in most indoor public spaces and outdoors when social distancing isn’t possible.

Kelly and Senate Majority Leader Jim Denning, an Overland Park Republican, both emphasized the importance of masks in reopening schools when the new academic year begins.

“The trend is going in the wrong direction, and if it continues that way we will not be able to open our schools for in-classroom learning in the fall and I know that everybody is very interested in that being a possibility,” Kelly told the State Finance Council, a body chaired by Kelly and comprised of top legislators.

The number of new coronavirus cases is surging in Kansas. More than 500 were reported between Monday and Wednesday alone. Case counts are now approaching the pandemic’s previous peak in Kansas, which took place in late April.

While health officials had hoped for a quiet summer, it’s become clear that the virus is once again spreading rapidly, a trend that originated at the end of May when remaining statewide restrictions on businesses and gatherings were dropped.

As Kansas enters a long Independence Day weekend, the start of school is less than two months away in many districts. Sport practices and other activities will begin even sooner.

Districts have been spending the summer planning for how to reopen. The Kansas State Department of Education has made clear that schools will open, but has also been developing ways to measure learning in case in-person instruction is disrupted.

“I agree, opening K-12 – that’s probably the biggest economic driver,” Denning said. “Truly, just opening it up and getting the kids back there will be huge for employers.”

Senate President Susan Wagle and House Majority Leader Dan Hawkins, both Wichita Republicans, said wearing a mask shouldn’t be mandatory. Wagle said Kansans are responsible and are already working hard to prevent the spread of the virus.

“I just think a mandate accompanied by a fine is just a step too far for the good people of Kansas,” Wagle said.

Wagle agreed that schools need to reopen, but said residents would respond better to suggestions to wear masks instead of a mandate.

Hawkins said the order conflicts with an April 2019 Kansas Supreme Court decision found a state constitutional right to abortion. The decision has been condemned by abortion opponents, including Hawkins, who nevertheless invoked it in arguing against the mask mandate.

“I do believe that this runs contrary to the rights of the people’s personal autonomy, as laid out (in the decision),” Hawkins said. “I also believe this could give, probably, rise to some lawsuits.”

In its opinion, the court found that section 1 of the Kansas Constitution’s Bill of Rights protects every person’s natural “right of personal autonomy” and that includes a woman’s right to choose an abortion.

Kelly said after the meeting that the order doesn’t affect anyone’s autonomy.

“We’re not restricting where people can go,” Kelly said. “All we’re saying – much like what restaurants do now: if you want service in my restaurant, you’ve got to have shoes on, you’ve got to have a shirt on.”