Municipal authorities have dropped their case against the owner of a local restaurant in Emporia, Kansas after he was criminally charged for operating his business in violation of Governor Laura Kelly’s shutdown orders. The case was the only known attempted criminal prosecution in the state conducted pursuant to the Governor’s COVID-19 orders. The City of Emporia decided to prosecute the restaurant based on a local ordinance that made it a crime to violate a local health order. The City contended a local order had broadly incorporated the Governor’s shut-down orders. The criminal action was dismissed in its entirety after legal counsel for the business owner filed a motion to dismiss highlighting the lack of due process and detail associated with the Governor’s orders.
Source: News – The Topeka Capital-Journal
