Sedgwick County Commission ends COVID-19 mask mandate, pushes for vaccines

Sedgwick County has dropped all COVID-19 public health restrictions, including a mask mandate that’s been in place since last summer.

Three Sedgwick County commissioners — Republicans Jim Howell, David Dennis and Pete Meitzner — voted to rescind the public health order. Democratic Commissioners Lacey Cruse and Sarah Lopez voted against.

The move comes ahead of a bill that’s expected to become law by next week that would void public health orders across the state. Commissioners could have waited until bill becomes law, but they decided to drop the health order immediately in the split vote Wednesday. Businesses and organization may continue to require masks.

Gov. Laura Kelly is expected to allow the bill — SB 40 — to become law after urging legislative Democrats to support it as the best deal she could make with a Legislature that is overwhelmingly Republican and conservative.

Howell, who said he is in favor of wearing a mask but made a motion to drop the local health order, suggested avoiding high-risk situations, such as large crowds and people without masks.

“You don’t have to come near them,” he said. “You can avoid places where there are gatherings, and you can also wear a better respiration mask. I think those are options for anybody who wants to protect their own health. I do think people have a responsibility, first of all, for their own health. Everybody should make a decision that’s best for them.”

Cruse said dropping the mask mandate would likely hurt businesses.

“If we take masks away, what percentage of our population will be too scared or not want to visit businesses because there are others out there not following any sort of health protective measures,” she said.

SB 40 would allow counties to issue unenforceable public health recommendations to businesses and individuals instead of orders.

The bill makes several changes in county authority to respond to emergencies. It allows the County Commission to make a new mask order or other restrictions — but strongly discourages it.

Any person who feels aggrieved by a county regulation could challenge the mandate in district court and would get a mandatory hearing within 72 hours, potentially clogging the court system and forcing the county to hire outside attorneys and expert witnesses to repeatedly defend its rules, Assistant County Counselor Justin Waggoner said.

SB 40 also tilts the table to favor the challengers, requiring that the county prove that its rules are the least restrictive way to limit disease spreading, he said.

Meitzner, the commission chair, pushed for the county to pass a set of general health recommendations encouraging people to get a vaccine, wear a mask in public, avoid large gatherings and socially distance when possible. The motion passed, with Cruse and Howell voting against.

The Sedgwick County Commission also voted unanimously Wednesday to present an ultimatum to Kelly and the Kansas Department of Health and Environment: Open vaccines to all adults by Friday or the County Commission will take action.

Hundreds of vaccine appointments are open through the Sedgwick County Health Department and commissioners said they’re worried that dropping health restrictions before the vaccine is available to everyone is unfair.

The move could set up a showdown between the Kelly administration, which controls distribution of vaccines, and county officials across the state who are ready to open the vaccine to as many people as possible as the state moves to void any mask mandates, gathering limits or other public health measures across Kansas.

“We are put in such a terrible position here,” Lopez said. “Because we are told that we don’t have to have the same ability to keep masks ... and then we can’t even vaccinate everybody. And I think that’s so incredibly unfair to these people because there are so many people who want vaccinated right now, and they don’t qualify. It’s really frustrating that the state is putting us in this position.”

Dennis, whose motion to make all adults in Sedgwick County eligible for a vaccine was delayed, said the county should take matters into its own hands.

“I have no problem with asking the governor and letting her respond,” Dennis said. “But last time, they didn’t respond at all.”

Meitzner said he wants to wait until KDHE or the governor’s office gives the county the go-ahead.

“I would prefer that we formally ask to move and get the authority (to open vaccines to all adults),” Meitzner said. “But I hear what you’re saying. I’m very cautious that all the positive steps we’re trying to make — I don’t want to create any sense of lack of cooperation, or whatever, between us and KDHE.”

Contributing: Dion Lefler of the Wichita Eagle

This story was originally published March 24, 2021 at 12:23 PM.