Six of the 8 legislative leaders are Republicans, and all six voted to approve the rule at a live online WebEx assembly convened by Kelly. But Kelly opposed it, along with the more sensible Democrats in the House and Senate, and under Kansas law, action made a decision on the matter.
Kelly did not explain why he opposed the deal, though a spokesman later said in a text that the regulation “is not in the most productive interest of the state. “The governor and lawmakers did not publicly discuss the deal, but met privately for 35 minutes with two Kobach staffers.
The governor interrupted the public discussion ahead of the personal consultation with Kobach’s staff, despite House Democratic leader Vic Miller calling for the matter to be verbally summarized in public. The Associated Press emailed the assembly to hold the discussion in public.
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“We had this assembly here today, and you voted ‘no,'” Republican Sen. Rick Billinger, who chairs the Senate budget committee, told Kelly as he moved to adjourn the assembly session after the decision. . “
Kelly said, “I mean it’s very clear; I voted ‘no’ and then said they could have a discussion after the organization ended, out of public view.
Ryan Kriegshauser, an attorney representing Floyd and Omega Bootcamps, called Kelly’s action “an insult to common sense,” and Floyd said the settlement amount represented rent he still had to pay for 53 days, remained closed due to COVID-19 restrictions. .
“The whole guy always looked for his rent,” said Josh Ney, another attorney representing Floyd. “Now the state will likely spend thousands of dollars to continue to defend this case. “
Kansas AG Kris Kobach answers reporters’ questions at a press convention on May 1, 2023 in Topeka. Kobach proposed the settlement to end a state lawsuit filed through the owner of a Wichita gym that was forced to close in the early months of the coronavirus pandemic. Gov. Laura Kelly made the deal. (AP Photo/John Hanna, File)
The State asked the court to rule on his dismissal without trial in October 2021. But the opinion ruled did not rule on this request. Miller, a veteran attorney, said he hopes the sentence will be passed to dismiss the trial.
“In general, when we are a simple target for unsubstantiated instances, it encourages other unsubstantiated instances to be filed,” Miller said. “You have to look at the big picture. “
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The lawsuit argued that the state used the personal assets of Floyd and his company “to gain advantage from the general public” when he and the local government imposed restrictions on the spread of COVID-19. The statewide restrictions began with Kelly’s order to close businesses to the maximum for five weeks, starting with the March 2020 expiration date.
The lawsuit cited a component of the state’s emergency control law that states that other people can seek reimbursement in court if their assets are “seized or used in a different manner” through state or local authorities. Miller said the language does not cover COVID-19 restrictions, while the lawsuit claims so.
Kriegshauser said it’s noteworthy that the sentence has been “fighting” for more than 18 months with a ruling on whether to proceed with the case. In addition, the legislature has reduced over time the strength of the governor and local officials to close businesses. or factor masking orders in reaction to reporting their actions.
“Of course, this action has merit,” Kriegshauser of the trial.
According to the U. S. Small Business Administration. In the US, Omega Bootcamps won two pandemic relief loans totaling approximately $24,000 in 2020 and 2021. In his lawsuit, Floyd said he sought out a designated appraiser to establish the amount of damages owed by the state.
Kelly’s spokeswoman, Brianna Johnson, pointed to the loans to the governor’s action.
Kobach was elected attorney general last year but served as Kansas secretary of state, a top election official, from 2011 to 2019, and Kriegshauser worked for him as an attorney and political assistant in 2011-12.
Kelly’s action came on the same day the U. S. national public health emergency officially ended. U. S. COVID-19. In Kansas, Republican legislative leaders forced the end of the state of emergency in June 2021, about three months earlier than Kelly wanted.
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The trial was suspended until sentencing was passed in 2021 so Kriegshauser could simply urge Kansas lawmakers to use the federal COVID-19 relief budget to compensate small businesses for their monetary losses from the pandemic. Republican lawmakers approved a plan that could have set aside tens of millions of dollars, but Kelly vetoed it, arguing that the “well-intentioned” measure violated a national coronavirus relief law.
In 2022, Kelly and lawmakers agreed to offer up to $50 million in local tax refunds on assets paid through closed or pandemic-limited retail businesses, up to $5,000 for each business.
But critics said the procedure for obtaining assistance was complicated and that the $5,000 cap discouraged corporations from applying. The State Department of Revenue announced Thursday that it has approved 23 programs worth more than $22,000 in aid.