Johnson County judge rules SB 40, Kansas COVID-19 emergency powers law, unconstitutional

Shawnee Mission masks

The judge said the law violated local governments' due process rights and also violated the separation of powers between the legislative and judicial branches of government. The case began when two parents in the Shawnee Mission School District sued over the district's decision not to give them a hearing under SB 40 to challenge the district's mask rule last school year. File photo.

A Johnson County judge says SB 40, a law passed this spring aimed at curtailing local governments’ emergency powers during the COVID-19 pandemic, is unconstitutional.

In the same ruling, Judge David Hauber sided with the Shawnee Mission School District in dismissing two parents’ complaints over not being given public hearings under SB 40 to challenge the district’s mask rules last school year.