Prairie Village rejects state buffer law

The Prairie Village City Council voted 11-0 on Oct. 19 to reject the adoption of Kansas’ Halo Act into local city code. This makes Prairie Village the first municipality in Johnson County to formally decline the state law, which creates a 25-foot buffer zone around first responders.

The Halo Act took effect on July 1 after Gov. Laura Kelly’s veto was overridden. Under the statute, it is unlawful to knowingly approach or stay within 25 feet of a first responder while they are on duty and have signaled not to approach. Violators face misdemeanor charges, which can result in jail time and fines.

While the state law remains in effect regardless of local adoption, rejecting it changes where cases are heard. In cities that adopted the law, such as Overland Park and Olathe, violations are handled in municipal court. In Prairie Village, potential charges will go to Johnson County District Court, where a district attorney reviews the case for charging.

Councilmember Betsy Lawrence argued that the city already has an ordinance making it illegal to interfere with first responders, regardless of distance. She stated that she has not heard convincing evidence that the Halo Act improves safety for officers or the public. Lawrence described the local version of the law as flawed and said it exposes taxpayer dollars to potential litigation over a law that may be unconstitutional.

Logan DeMond, director of policy and research for the American Civil Liberties Union of Kansas, wrote to the council on Oct. 19 opposing the adoption. DeMond called the law unnecessary and duplicative, noting that it raises concerns about civil liberties and due process. The letter pointed to legal challenges against similar buffer laws in Indiana, Louisiana, and Arizona.

Police Chief Eric McCullough recommended adoption on Oct. 5 to maintain local control over the court process. He noted that without local adoption, cases must go to the state level. However, Councilmember Ian Graves countered that adopting the act is essentially doing the state’s work for it. Graves stated that the law is primarily about immigration enforcement rather than general first responder protection.

Councilmember Jim Sellers, representing Ward 6, voiced strong opposition during the initial discussion. Sellers said the city was being manipulated into providing cover for what he described as a Faustian bargain. He expressed anger that the law is clearly unconstitutional and might not even be found unconstitutional if it survived the court system.

Councilmember Inga Selders, who is running for mayor, initially supported the measure to give officers more discretion. She changed her position on Oct. 19 after reviewing evidence of constitutional challenges in other states. Selders agreed with concerns regarding the law’s legality and enforcement mechanisms.

Several other Johnson County cities have already adopted the Halo Act into their Uniform Public Offense Code. Fairway, Merriam, Shawnee, Spring Hill, and Westwood have also passed the measure. In Overland Park and Olathe, public information officers said the law has not yet been invoked by police. Roeland Park is scheduled to consider the code on Nov. 19.

The Mission City Council signaled opposition in September, with City Administrator Laura Smith indicating a recommendation to reject the law is likely. For Prairie Village, police can still enforce the state law, but any resulting cases will be prosecuted through district court rather than municipal court.