2020 News Releases

AG Derek Schmidt statement on delay of lawsuit seeking compensation for businesses shutdown by emergency orders

Release Date: Dec 31, 2020

TOPEKA – (December 31, 2020) – Kansas Attorney General Derek Schmidt today issued the following statement regarding an agreement between the parties to delay Omega Bootcamps Inc. and Ryan Floyd v State of Kansas, a lawsuit filed in Sedgwick County District Court seeking compensation for the government-ordered closures of businesses during the pandemic:

“This lawsuit raises important public policy questions extending well beyond this individual case that would be better answered by the Legislature rather than courts. I agree with the basic principle, reflected in current law, that at least some of those whose property is significantly damaged by government actions undertaken for the public good during a state of emergency should be compensated for their loss. However, current law was not designed to address these sorts of business shutdown orders, and it is not certain (nor does the state concede) that the law as written applies on the facts of this or similar cases. Therefore, rather than proceeding directly to litigation, we have reached agreement with the plaintiffs to jointly ask the court to put this lawsuit on hold during the 2020 legislative session so we can ask the Legislature to consider in a comprehensive manner the public policy issue of compensation for businesses for losses caused by lockdowns. In the event the Legislature fails to resolve this issue globally, the litigation will resume and we will provide the state a proper legal defense under current law.”

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.