Prairie Village votes to reject state buffer law for police

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

The Halo Act took effect statewide on July 1 after Gov. Laura Kelly’s veto was overridden. The statute makes it a misdemeanor to knowingly approach or stay within 25 feet of a first responder engaged in their duties after they signal for a person to stop. Violators face potential jail time and fines. First responders may also invoke the law if a person distracts them from their duties.

City leaders discussed the measure during committee meetings on Oct. 5 and Oct. 19. Councilmember Betsy Lawrence argued that the city already has an ordinance prohibiting interference with first responders regardless of distance. Lawrence stated that she had not heard compelling evidence that the new law increases safety for officers or the public. She described the argument for local adoption as flawed because it exposes taxpayer dollars to potential litigation over a law she views as constitutionally dubious.

Police Chief Eric McCullough had recommended adoption during the initial Oct. 5 discussion. He noted that without local adoption, cases would be prosecuted by the Johnson County District Attorney rather than in municipal court. McCullough stated that local court control allows the city to manage the process and consequences directly. However, the council ultimately sided with members who felt the state law was unnecessary for Prairie Village.

Councilmember Ian Graves said the adoption process felt like the city was doing the state’s work. He remarked that the law appears to target federal Immigration and Customs Enforcement agents rather than local police. Ward 6 Councilmember Jim Sellers echoed these sentiments, expressing frustration that the city was being manipulated into accepting what he called an unconstitutional bargain. Selders, who runs for mayor, initially supported the measure but changed her mind after reviewing evidence of constitutional challenges in other states.

The American Civil Liberties Union of Kansas opposed the local adoption. In a letter dated Oct. 19, policy director Logan DeMond called the law unnecessary, duplicative, and arbitrary. DeMond pointed to legal challenges in Indiana, Louisiana, and Arizona as evidence of the law’s potential legal risks for the city.

Other Johnson County cities have taken different approaches. Overland Park, Olathe, Merriam, Shawnee, Fairway, Spring Hill, and Westwood have adopted the law into their Uniform Public Offense Codes. Roeland Park and Leawood have not yet addressed the measure. Roeland Park City Administrator Keith Moody said the city considers the Uniform Public Offense Code at its Nov. 19 meeting. Mission City Council signaled opposition in September, and City Administrator Laura Smith expects a formal recommendation to reject the item.

The Halo Act remains a state law in Prairie Village despite the local rejection. First responders, including local police and federal agents, can still enforce the 25-foot buffer. Any charges resulting from a violation will be reviewed by the district attorney and prosecuted in district court rather than municipal court. The council item is scheduled for final consideration on a future agenda.