Kansas attorney general Derek Schmidt said Thursday that people cannot be arrested or detained by law enforcement for violations of a governor’s executive order.

Schmidt sent a memo to law enforcement agencies and county prosecutors in response to Governor Laura Kelly’s executive order requiring all Kansans to wear masks to protect against the coronavirus.

Schmidt said under a House bill that was passed during the legislature’s special session in June, counties can choose to adopt “less stringent” provisions than a governor’s order. If a county takes that step, the governor’s emergency order may not be enforced in that county, even by a civil lawsuit.

Schmidt said his office will defer to local counties and will not take any enforcement actions simply for not wearing a mask.   He said the better approach is to leave any enforcement to local authorities who know their communities best.  He did provide some basic advice for Kansas residents:  “Be safe on this Independence Day weekend, use common sense and caution to keep yourself and others healthy, heed the advice of the CDC and other public health experts, and wear a mask for now whenever you’re in a public setting and cannot maintain a safe distance from other people.”