Leawood has become the second Johnson County municipality to decline including in city codes the new Kansas Halo law that requires a 25-foot buffer between first responders and civilians under certain circumstances while the responders are working. Prairie Village was the first city, rejecting it on Oct. 19.

With virtually no discussion, the Leawood City Council on Nov. 2 unanimously accepted the city legal staff’s recommendation not to include the law in an update of its Uniform Public Offense Code addressing criminal municipal violations. However, the misdemeanor-level offense remains on the Kansas books and can still be prosecuted through the district court.

The Halo law — named for the imaginary 25-foot ring around first responders — was adopted by legislators last session. At that time, Kansas Senate President and gubernatorial candidate Ty Masterson cited unrest in Minnesota in which federal immigration officers were filmed shooting protesters, and said it would keep “radical protesters” from interfering and would keep bystanders safe.

Similar versions of the law have been enacted in other states. The Kansas version requires the buffer zone when the responder is working or when the bystander has been told to stay back. It would also be unlawful to approach closer if approaching might cause a responder to become distracted or concerned about physical danger or property damage.

Such laws have been controversial. Logan DeMond, director of policy and research at the American Civil Liberties Union of Kansas, wrote to Prairie Village officials last month saying the Kansas version threatens public observation and accountability of law enforcement and that adding it at the local level is unnecessary and does not improve public safety.

What are other JoCo cities doing?

Prairie Village was the first Johnson County city to reject Halo. Several other cities have added Halo to their books, including Fairway, Merriam, Olathe, Overland Park, Shawnee, Spring Hill and Westwood. Some, like Overland Park, have argued that having it in the municipal offense code would allow it to be handled at the city, rather than the district court level.

Leawood officials did not consider the arguments from other cities in making their recommendation, said Assistant City Attorney Kelci Weber. The city did not receive a letter from the ACLU. Weber told the Leawood City Council that staff recommended removing the Halo section of the uniform code because Leawood already has an ordinance against interference with responders that mirrors Kansas statute’s detailed definition of what constitutes “interference.”

The city council unanimously adopted a revised offense code that did not include the Halo law. Councilmembers Matt Peppes, Sherrie Gayed, Rachel Rubin, Steve Kaster, Julie Cain, Lisa Harrison, Mary Larson and Alan Sunkel all voted yes. In Leawood, the mayor only votes to break ties. Mayor Marc Elkins did not vote.