MISSION, Kansas (AP) — A judge has asked the Kansas attorney general to weigh in on “significant constitutional problems” raised by a state law that gives those who object to pandemic restrictions such as mask requirements the right to trigger a 72-hour review.
David Hauber, a Johnson County judge, said Tuesday that the law — which places the burden of proof on officials to demonstrate that rules protect public health in the least restrictive way possible — “tips the scales of justice toward the plaintiff.”
Hauber was ruling in a lawsuit filed by parents Kristin Butler and Scott Bozarth who challenged the Shawnee Mission School District’s mask requirement for students. Hauber said their challenge was moot since classes had already ended for the year. The case is among several the Johnson County court has handled since the law took effect in March.