KANSAS CITY, Mo. — A judge in Johnson County, Kansas, Tuesday denied a stay request by Kansas Attorney General Derek Schmidt after a trial-court judge ruled Senate Bill 40 unconstitutional.
A stay means a court will suspend a judicial proceeding temporarily or indefinitely.
The trial-court judge struck down the law on July 15, 202, ruling that it was unconstitutional. Schmidt is appealing that ruling and asked that the ruling by stayed until the Kansas Supreme Court could address the case on July 21.
Senate Bill 40 required speedy legal hearings for Kansans challenging mask requirements or other COVID-19 related restrictions. People could file grievances with cities, counties and local school boards if they objected to the mask mandates, and the law required a hearing within three days and a decision within 10 days. If the entity refused to change the protocols, Kansans could then file a lawsuit, and the courts would be required to show the same expediency with the hearing and ruling.
The trial-court judge also struck down the law limiting the power of state and local officials to impose restrictions on businesses, schools and gatherings, as well as a provision in the law that gave more oversight to the Kansas Legislature over the Kansas Governor.
