By LESLIE EIKLEBERRY
Salina Post
A proponent of an ordinance approved by voters last fall to limit the Salina City Commission's ability to impose restrictions on businesses or citizens in response to public emergencies expressed his displeasure in a district judge striking down the measure.
"It is disappointing that he struck it down, but it was done so based on wording/technicalities," Kevin Korb told Salina Post this morning. "Based on existing case law, the judge is clearly wrong on two of the three reasons he struck it down, but the third is questionable, so I’m not sure we will risk the expense of appeal."
On Aug. 23, 2021, the Salina City Commission voted to allow city residents the opportunity to vote on the petition-driven proposed ordinance. Many of the citizens pushing for the proposed ordinance to be on the ballot in November did so because they believed the Salina City Commission had overstepped its bounds by imposing restrictions during the COVID-19 pandemic.
The proposed ordinance was approved 5,005 to 3,809 during the Nov. 2 election.
In addition to allowing the proposed measure to be placed on the Nov. 2 ballot, the city commission voted to authorize the city's legal counsel to "file suit in Saline County District Court seeking declaratory judgment and associated legal remedies regarding the validity and status of an initiative and referendum petition and proposed ordinance."
That ruling, from 28th District Court Judge Paul Hickman, was issued on May 31. In it, Hickman noted that the ordinance, as written, was void.
"We are looking into the possibility of writing a new ordinance without the one sentence that was used to void it and maybe add a severability clause and start the process over. We already know where public opinion lies and it’s sad that out city government and judicial cannot respect that," Korb told Salina Post.