Business owners have the right to ask to be excluded from Johnson County’s local health officials order, which begins phasing in reopening of businesses starting May 11.
Brown wrote in a May 4 social media post that he had been working with local attorneys and said as a citizen of Johnson County per KSA 65-129C provides that a citizen are entitled to be heard within 72 hours by a judge in this county to make your case for you specifically to be excluded from the Local Health Official’s Order.
“I strongly encourage you to exercise your rights,” Brown wrote.
I’m told this may come at a bit of a small price tag in the $50 “court costs” range, Brown continued. I realize many are suffering without paychecks right now, so my plea here is for you who can afford to move forward with this do so ASAP today. This does not require you having an attorney – you can easily and legally represent yourself in filing the motion.
According to Brown’s post, an unelected official made a decision to continue imprisoning you in your homes and that decision and his unilateral authority was upheld by a BOCC majority on a 4-3 vote. That vote made it crystal clear you are not as important as lining things up “pretty” on a calendar – and your rights are flexible as they see fit.
“That’s wrong,” Brown wrote. “Now it’s time to show them your rights are more important than their order.”
The following information is provided:
Isolation Hearing Statute: http://www.ksrevisor.org/stat…/chapters/…/065_001_0029c.html
JOCO’s Order (note Paragraph 3): https://www.jocogov.org/…/04-30-2020%20Emerg%20Order%20Loca…
Although it doesn’t fit exactly but this is a link to the Kansas Judicial Council’s Habeas Petition: https://www.kansasjudicialcouncil.org/…/Rule%20183%20Habeas… (take a look at the Habeas Procedures: http://www.kslegislature.org/…/060_00…/060_015_0000_article/ Note: the Court could assess court costs). This process is usually used for prisoners that claim they are unjustly held – for an isolation hearing, this process is for individuals who claim they are unjustly isolated.
Here are the Johnson County Emergency filing procedures: http://courts.jocogov.org/AO%2020-06%20COVID.pdf
The Johnson County Court can be reached here: (913) 715-3300. Ask how you file a Petition without a lawyer under K.S.A. 65-129c.
Kriegshauser Law, LLC
*This information is just for public awareness and not legal advice.