Ellsworth County’s three commissioners voted unanimously July 2 to approve Resolution 2020-R-10, opting the county out of Gov. Laura Kelly’s executive order No. 20-52 requiring masks or other face coverings be worn in public as of 12 a.m. Friday, July 3.

Commissioners determined, after consultation with local health officials, that implementation of Kelly’s executive order was not necessary to protect the health and safety of the county. However, the resolution states that the county strongly encourages people wear masks or face coverings in public, but is not requiring it.

“I would like to opt out of it,” Commissioner Kermit Rush said.

Commissioner Dennis Rolfs said he had several patrons call him asking that the county opt out of the mandate.

“I, personally, you know how I feel,” Rolfs said.

“It’s not our place to tell people what to do,” Commissioner Steve Dlabal Jr. added.

Law enforcement and city officials from around the county then gave their views of the order.

“I can tell you the general consensus in Holyrood is they are not going to abide by it,” said Holyrood Police Chief David Chamberlain.

“From the city’s perspective, we think anyone who wants to wear one should absolutely feel free,” said Ellsworth City Administrator Rusty Varnado. “We think it would be rather burdensome on the police department to ask them to enforce that.”

Varnado said the city would be in line with the commissioners by preferring to opt out of the mandate.

“If people want to wear it (a face mask) that’s fine,” Rush said.

Ellsworth Mayor Mark Kennedy said it is important to remember that private businesses could always make the wearing of face masks a requirement.

“So it’s mindful of us to say while we are not requiring it, you need to be respectful and mindful of businesses and what they want,” he added.

“From the health department aspect, I agree with everybody,” said Kerianne Ehrlich, supervisor of the county health department. “It would be very difficult to mandate.”

Ehrlich said she encourages people to wear face masks in certain situations.

“I feel like people have their own right to wear them and shouldn’t be looked down upon if they do wear them,” she added.

Ehrlich said if business owners want to put up a sign making the wearing of face masks a requirement in their own business for the safety of their employees, that is their right.

Keith Haberer, emergency management director for Ellsworth and Russell Counties, said a quick poll he took earlier in the day indicated over 50 percent of the counties in Kansas plan to opt out of Kelly’s executive order.

Ellsworth County Attorney Paul J. Kasper said negotiations between Kelly and the Kansas lawmakers in the last legislative session agreed to change the penalties for violating a Governor’s Executive Order from criminal penalties to civil penalties.

Kasper said an attorney general’s opinion on this issue came out that same day (July 2). It encourages the county or district attorney to work with law enforcement on how to enforce it, if the law goes into effect. He said the county or district attorneys are being asked to use discretion when it comes to enforcement because it is a civil issue.

Kasper said if commissioners would follow Kelly’s order, he did not plan to  sue anybody civilly who violated the governor’s order.

“That does not preclude possible other criminal infractions as a result of violation of this order,” he added.

For example, if someone were to go into a public place which is a private building but refused to leave when asked to do so because they aren’t wearing a mask, it could become a criminal trespass situation, he said. If the person becomes unruly, it could become a disorderly conduct situation.

“At no point would I ask an officer not to enforce a criminal violation,” Kasper said.