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Kansas AG appeals Johnson County judge's ruling on Senate Bill 40

Derek Schmidt.jpg
Posted at 6:47 PM, Jul 21, 2021
and last updated 2021-07-21 19:54:46-04

KANSAS CITY, Mo. — Kansas Attorney General Derek Schmidt is appealing a ruling by a Johnson County judge that found Senate Bill 40 unconstitutional.

Senate Bill 40 allowed people to file grievances against cities, counties and local school boards if they didn't agree with mask mandates or other restrictions in place.

It would then require a hearing within three days and a decision within 10 days.

If the city, county or local school boards refused to eliminate or change protocols, the people who filed the grievance could file a lawsuit.

If a lawsuit was filed, a court had three days to hold a hearing and 10 to issue a ruling.

"This Court's decision is creating unnecessary and disruptive confusion about the validity of other provisions of SB 40 not at issue in this case and so presumably and should therefore be stayed until the Kansas Supreme Court can address these issues," Schmidt said in the motion.