TOPEKA – (May 11, 2020) – Kansas Attorney General Derek Schmidt today said his office has been asked for its formal legal opinion on whether a state law that authorizes criminal prosecution of Kansans who violate emergency orders issued by the governor is constitutional and enforceable. The attorney general issued the following statement: “I continue to encourage all Kansans to follow the recommendations of public health professionals to help prevent the spread of COVID-19 as our economy and communities reopen. At the same time, a local prosecuting attorney has requested our office review whether violations of emergency orders issued by the governor may lawfully be enforced and punished as crimes. We have agreed to conduct that legal...
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AG Derek Schmidt: Legality of using criminal law to enforce emergency orders under review