When people are subject to multiple stay-at-home orders issued by different government bodies, which one takes precedence?
Missouri’s stay-at-home order is set to end late on the evening of Sunday, May 3. Clay County’s is set to expire on May 3. But Kansas City’s was recently extended to May 15.
A Kansas Citian who lives in Clay County, for example, is subject to three different orders: a statewide order issued by Gov. Mike Parson, a county order issued by public health director Gary E. Zaborac and a city order issued by Mayor Quinton Lucas.
In the case of conflicts between the state and local jurisdictions, more restrictive local orders take precedence.
That’s made clear in the FAQ section of the governor’s website, which asks, “Can my local health authority impose more restrictive requirements?”
The answer: “Yes. This Order establishes the minimum requirements that must be complied with statewide. Local health authorities may enforce more restrictive public health requirements for businesses or individuals.”
As to whether the county’s or city’s order takes precedence, the city’s takes precedence, as the FAQ on Clay County’s website makes clear:
“Although both the state of Missouri and Clay County will now reopen on May 3, individual cities may choose whether to put additional restrictions in place. If a business is located in a city whose stay-at-home orders expire at a later date, they must follow the order of that particular city.”