Kansas officials to consider legal settlement with business over COVID-19 restrictions

TOPEKA, Kan. (AP) — Kansas' governor and top state lawmakers were to meet Thursday to consider a proposed legal settlement between the state and the owner of a Wichita fitness studio forced to shut down during the first months of the coronavirus pandemic and then operate under restrictions.

Approval of the settlement by Democratic Gov. Laura Kelly, six Republican leaders of the GOP-controlled Legislature and its two top Democrats would end a state court lawsuit filed in December 2020 by Ryan Floyd and his business, Omega Bootcamps Inc. The lawsuit has yet to go to trial in Sedgwick County District Court in Wichita, and a judge is considering the state's request in 2021 to dismiss it. Kansas law requires the governor's and top lawmakers' approval of the settlement.

The lawsuit argued that the state used Floyd's and his business’ private property “for the benefit of the general public” when it and local officials imposed restrictions to check the spread of COVID-19. Statewide restrictions started with Kelly's order shutting down most businesses for five weeks, starting in late March 2020.

The lawsuit cited part of the state’s emergency management law that says people can seek compensation in court if their property is “commandeered or otherwise used” by state or local officials. There's been no ruling on whether shutting down or restricting a business represents a use of its property.