Lawsuit May Require Kansas to Pay Back Business Over COVID-19 Restrictions
A fitness studio owner in Wichita, Kansas, is suing the state for compensation over restrictions that led to his fitness studio shutting down and reopening with restrictions.
The lawsuit, which was filed in Sedgwick County District Court, claims that Kansas unlawfully used the business' private property as a way to limit the virus’s spread “for the benefit of the general public.” The claims in the lawsuit about the state's "unlawful property use" cite Kansas’ emergency management law. The law states in part, “Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster and its use or destruction was ordered by the governor, adjutant general, an official of a county, city or interjurisdictional disaster agency, or some other authorized member of the emergency management forces of this state.”
Floyd and his attorneys point to similar provisions that exist in other states, including New Jersey, Texas, and Michigan.
Ryan Floyd, the owner of Omega Bootcamps Inc. along with his lawyer Ryan Kreigshauser, elaborated on the state’s emergency management law explaining, “Use is exerting control, and control is shutting down the business, but they didn’t just shut down the business. They meddled in the operations of gyms. They said, ‘You can open, but not in-person classes; you can open, but you can’t open your locker rooms.’ And so they were more invasive.”
Kansas' Battle Over Pandemic Response
When Democratic governor Laura Kelly imposed a five-week statewide stay at home order in the spring, there was pushback from the Republican-controlled legislature. The pushback included calls for local control over how businesses were to operate, limits on gatherings, as well as opting out of mask mandates.
Restrictions imposed by Governor Kelly began to lift on May 4th when non-essential businesses, churches, and dine-in restaurants were allowed to resume operation.
This lawsuit filed by Floyd against the state comes two weeks after a similar lawsuit was filed against local officials in Kansas. In that lawsuit, bar and business owners (ten in total) and two Sedgwick County residents filed suit against local officials challenging the current restrictions that were put in place to slow the spread of the virus.
This second lawsuit has the support of many on social media as it is partially funded by the group “Unmask the Truth,” an opposition group for mask mandates. The lawsuit challenges the state’s pandemic regulations, saying the state violated business owners’ free speech and right to due process. The lawsuit explains, “A face mask has become a symbol of an attempt by the government to gain control of its citizenry. Forcing them to wear face masks is forcing them to convey a message with which they disagree.”
According to the Department of Health and Environment, of the state's 105 counties, Sedgwick County has the highest number of confirmed and probable coronavirus cases. As of late, Sedgwick County has reported nearly 28,000 cases and 200 deaths. Since the pandemic started, there have been 60 confirmed or probable cases per 1,000 residents.
The lawsuit filed by Floyd and his attorneys asks for a jury trial to hear the case as well as the appointment of appraisers who can render an opinion on how much money Floyd and his business lost because of the state's coronavirus restrictions.
Similar Lawsuits in Other States
The balance between public freedom and government control of public safety in the form of state-wide shutdowns continues to be challenged the further the nation progresses into the pandemic. According to data compiled by the law firm Hunton Andrews Kurth, there have been over 1,300 lawsuits at the state and federal level challenging restrictions of sorts pertaining to the pandemic.
As state and federal lawsuits continue to expand, so does the division between Americans and their attitudes towards social distancing standards, mask mandates, and opinions on public health.
The Kansas attorney general’s office has not offered a comment on behalf of Floyd's lawsuit, though they say they are reviewing the case.
