New Kansas law disallows health departments from prohibiting public gatherings

WICHITA, Kan. (KWCH) - A new Kansas law is making it so that health departments across the state can no longer prohibit public gatherings in the event of an infectious disease outbreak. The law also opens up health departments to legal challenges if a resident believes that an action taken by the department violated their rights.

“(We’ve) been in this world for a while and we’ve learned a thing or two, we’re not stupid, we can figure things out,” said Kansas Senator Michael Murphy, a Republican representing an area that includes portions of Reno, Barber and Kingman counties. “We can take care of each other and ourselves and our neighbors and hot have to have someone tell us what we can (and) can’t do.”

Murphy introduced the legislation, Senate Bill 29, that takes away local health departments’ abilities to stop public gatherings and allows Kansans to take them to court if they overstep.

“They have to come up with proof that, in other words, what we’re doing is necessary. “If there’s some deadly disease or something like that and somebody’s got it and we need to quarantine them, we understand that, but they were doing it without any proof,” Murphy said.

Some, including Representative Tom Sawyer, a Wichita Democrat, worry that the restrictions might hamper the ability to respond to outbreaks.

“I’m afraid they’re not going to take the precautions they need to take because they’re worried about legal consequences,” Sawyer said.

The representative said the timing is “terrible” with a measles outbreak in southwest Kansas and a tuberculosis outbreak in Wyandotte County.

“This seems like a very bad time to be doing this. I think we ought to not be tying the hands of public officials right now as they try to keep everybody safe,” Sawyer said.

But Sen. Murphy said the changes won’t stop public officials from doing what needs to be done.

“The health department can still make recommendations, we didn’t tell them to shut up and go home, we didn’t fire them all. The county commissioners still have the power to do what needs to be done, so if it’s a serious concern, county commissioners are the ultimate authority; they can meet and say, ‘You know what, we need to quarantine,’” Murphy said.

12 News reached out to the health departments in Sedgwick and Butler County for comment, but both declined.