Football season is upon us, and that means it’s time to get your picks in.
Don’t miss out on the fun and a chance to win great prizes by entering Cerv’s Gridiron Glory.
Click HERE to enter!
Author: Hays Post
Governor declares state of disaster emergency due to Kan. flooding
TOPEKA —Gov. Jeff Colyer MD has issued a state of disaster emergency declaration for five Kansas counties affected by flooding over the weekend. Named in the declaration are Jewell, Kingman, Marshall, Pratt, and Riley Counties.
Damages in these counties included washed out roads, bridges, culverts and flooding to some businesses and residential properties.
“Here in Kansas we make it a priority to take care of our neighbors,” said Colyer. “Those impacted by the recent flooding have our full support and we will continue to do whatever is needed to help during this time of emergency.”
The state declaration may be amended to include any additional counties that declare due to flooding as damage assessments are conducted. The declaration authorizes the use of state resources and personnel to assist with response and recovery operations in affected counties that meet certain criteria.
————-
RILEY COUNTY —According to officials Anneberg Park and all soft-surface trails will remain closed until surfaces dry, debris is removed, and repairs can be made. No ballfields at any of the parks will be open for practice or play because of the soggy turf. Anneberg is currently without power or restroom facilities.
Bridges will continue to be periodically inspected to ensure safety.
Crews are working to remove debris from the storm sewer. Street sweepers are clearing mud and debris. Please be courteous of these vehicles as they work to clear the roadway.
At this time the City of Manhattan will not be conducting a mass pick up of debris or household items. The City will pick up debris for flood affected areas only. The Riley County Transfer station is currently open for people to dispose of items.
The storm generated 6-9″ of rainfall. Floods in 2009 and 2011 resulted in 3-5″ of rainfall. Water levels for this storm went beyond map projections for a 100 year flood.
28 people stayed in the emergency shelters last night.. Poliska Lane is the only area that still has standing water, according to the Riley County Police Department. It will be closed until next week when repairs can be made after conditions have dried.
People who want to help, should contact the Red Cross in Manhattan.
——-
Report: Kan. August revenue receipts exceed last year
TOPEKA—Fiscal year tax collections exceeded previous year’s totals by $79.49 million according to data from the latest revenue report released Tuesday from the Kansas Department of Revenue.
Fiscal year 2019 collections so far total $993.36 million.
August tax collections were up $33.99 million, or 7.38 percent over last year.
Individual income tax collections totaled $220.78 million which is $25.09 million or 12.82 percent above the same time last year. August sales tax collections exceeded last August’s collections by $537,427.
News From the Oil Patch, Sept. 4
By JOHN P. TRETBAR
Kansas Crude prices continue to improve but haven’t quite reached the plateaus of yesteryear. On Friday Aug. 31, Kansas Common at CHS in McPherson gained $2.50 to end the month at $63 a barrel. The monthly average was $58.16 per barrel. That’s far better than the averages, in the 30s, of the last three years or so, but still far short of the plateau reached in August of 2013, when Kansas Common fetched an average $90.74 cents a barrel.
Kansas-based drilling contractors report a drop of six rigs that are moving in, rigging up or drilling. The number of rigs awaiting their next location assignment was up seven, so the aggregate active rig count is up one. In Western Kansas 30 rigs are drilling or getting ready to. Independent Oil & Gas Service reports drilling ahead at leases in Ellis and Stafford Counties, and completion tools on the way in at two plays in Barton County and five in Ellis County. A whopping 14 leases in Barton County report they’re evaluating after reaching total depth, four in Ellis County, one in Russell County and eight in Stafford County.
Friday’s rig counts from Baker Hughes show an increase of four across the U.S. to 1,048 active rigs. Canada reported 228 active rigs, down one.
Just two new drilling permits filed in our area for the week, one each in Ellis and Stafford counties. Statewide, operators filed 64 permits, 42 for new locations in eastern Kansas and 22 in the western half of the state, for a year-to-date total of 1,198.
Independent Oil & Gas Service reported 37 new well completions across Kansas for the week, 1,033 so far this year. There were 24 newly-completed wells east of Wichita and 13 in Western Kansas, including two in Ellis County.
Kansas oil production topped 14.6 million barrels during the first five months of the year, an additional 2.88 million barrels in April and 3.08 million barrels in May. That’s according to the latest data from the Kansas Geological Survey. The total is nearly half a million barrels less than the May totals last year, the worst year since 2005 for oil production. But the top four counties all posted increases over last year. County production totals through May showed Ellis County on top with 1.09 million barrels. Next comes Haskell County with a nearly ten percent increase at 1.04 million. Finney County produced 723 thousand barrels, and Barton County had 715-thousand. Russell County produced 663-thousand barrels and Stafford County checks in with 438-thousand.
A Canadian Court last week overturned approval of the Trans Mountain oil pipeline expansion, but the ruling has less to do with the pipeline than the related increases in tanker traffic, and the consultation or lack of it, with native tribes. The Federal Court of Appeal ruled that regulators wrongly narrowed the review of the project to exclude tanker traffic, and that’s something of great interest to the First Nations tribes of western Canada. The federal government did not adequately consult First Nations as is required by Canadian law, according to the ruling. The future of the project is not clear, but its approval has been quashed. Parliament’s Natural Resources Committee was called to an emergency meeting Tuesday. The ruling could be appealed to the country’s supreme court.
Jet fuel prices have skyrocketed, flying 36.5% higher than a year ago, and some commercial airlines are grounding flights as a result. In about a month, American Airlines will suspend service between Chicago and China and reduce flights between Chicago and Japan due to what the airline called the “current fuel and competitive environment.” Hawaiian Airlines suspended service to and from Beijing.
Industry analysts are scrutinizing the upcoming first physical deliveries of crude oil sold on China’s new futures market. Reuters reports five Chinese firms are slated to deliver 600,000 barrels of Middle Eastern crude to Chinese customers who bought the September contract on the Shanghai International Energy Exchange. Analysts say that smooth crude deliveries through this new mechanism will be key to the success of the enterprise. China wants that futures contract to evolve into a third global price benchmark, traded in Chinese currency.
HPD Activity Log Aug. 23-30
The Hays Police Department responded to 12 animal calls and conducted 4 traffic stops Thu., Aug. 23, 2018, according to the HPD Activity Log.
Driving Under the Influence–2700 block Willow St, Hays; 2:16 AM
Found/Lost Property–1300 block Fort St, Hays; 7:06 AM
MV Accident-Private Property–2300 block E 13th St, Hays; 7:48 AM
Dead Animal Call–1300 block block Canterbury Dr, Hays; 7:53 AM
Found/Lost Property–100 block W 12th St, Hays; 8:22 AM
MV Accident w/Animal–14th and Hall St, Hays; 8:29 AM
Criminal Damage to Property–4300 block Vine St, Hays; 9:03 AM
MV Accident-Hit and Run–300 block W 7th St, Hays; 10:14 AM
Disturbance – Noise–2300 block Timber Dr, Hays; 10:28 AM
Theft (general)–Hays; 10:54 AM
Suspicious Activity–3300 block Vine St, Hays; 11:01 AM
Welfare Check–1400 block E 29th St, Hays; 11:38 AM
Drug Offenses–4300 block Vine St, Hays; 11:52 AM
Animal At Large–4200 block Vine St, Hays; 1:05 PM
Animal At Large–4200 block Vine St, Hays; 1:33 PM
Dead Animal Call–2000 block Fort St, Hays; 3:07 PM
Drug Offenses–Cody and General Custer, Hays; 4:38 PM
Disturbance – Noise–1300 block E 33rd St, Hays; 2 PM; 6:09 PM
Battery – Domestic–100 block W 4th St, Hays; 6:38 PM
Animal Call–1200 block Maple St, Hays; 8:11 PM
Domestic Disturbance–1100 block E 43rd St, Hays; 8:15 PM; 8:22 PM
Civil Transport–1300 block Kansas Highway 264, Larned; 9:19 PM; 11:21 PM
Disorderly Conduct–2200 block Canterbury Dr, Hays; 9:54 PM
Suspicious Activity–1600 block Main St, Hays; 9:42 PM
Welfare Check–500 block E 17th St, Hays; 9:49 PM
The Hays Police Department responded to 12 animal calls and conducted 34 traffic stops Fri., Aug. 24, 2018, according to the HPD Activity Log.
MV Accident-Hit and Run–400 block W 5th St, Hays; 2:25 AM
Suspicious Person–2500 block Sherman Ave, Hays; 5:20 AM
Suspicious Person–4300 block Vine St, Hays; 6:53 AM
Juvenile Complaint–2800 block Grant St, Hays; 8:12 AM
Theft of Services–Hays; 7/27 9:09 AM; 8/25 9:09 AM
Lost Animals ONLY–2900 block Cottonwood Ln, Hays; 10:14 AM
Animal At Large–400 block W 6th St, Hays; 11:27 AM
Animal At Large–1200 block E 31st St, Hays; 12:06 PM
Animal At Large–32nd and Cottonwood, Hays; 1:38 PM
Found/Lost Property–11th and Fort, Hays; 1:38 PM
MV Accident-City Street/Alley–300 block W 13th St, Hays; 2:43 PM
MV Accident-Private Property–1800 block Milner St, Hays; 3:24 PM
Abandoned Vehicle–1300 block Felten Dr, Hays; 3:28 PM
Criminal Damage to Property–2700 block Ash St, Hays; 3:30 AM; 3:15 PM
Theft (general)–500 block W 16th St, Hays; 5:01 PM
Suspicious Activity–500 block E 8th St, Hays; 6:23 PM; 7:23 PM
Theft (general)–2200 block Canterbury Dr, Hays; 7 PM; 8:05 PM
Harassment, Telephone/FAX–500 block E 17th St, Hays; 8:44 PM; 9:15 PM
MV Accident-Private Property–1300 block Vine St, Hays; 9:33 PM
Animal Call–100 block E 17th St, Hays; 10:38 PM
The Hays Police Department responded to 11 animal calls and conducted 29 traffic stops Sat., Aug. 25, 2018, according to the HPD Activity Log.
Driving Under the Influence–400 block W 7th St, Hays; 1:21 AM
Drug Offenses–300 block W 6th St, Hays; 1:21 AM
Animal At Large–100 block E 18th St, Hays; 8:20 AM
Lost Animals ONLY–1300 block Holmes Rd, Hays; 9 AM
Found/Lost Property–1300 block Canterbury Dr, Hays; 10:41 AM
Dead Animal Call–6th and Fort, Hays; 11:20 AM
Lost Animals ONLY–1300 block E 33rd St, Hays; 11:34 AM
MV Accident-City Street/Alley–2500 block Vine St, Hays; 11:45 AM
Animal At Large–400 block W 5th St, Hays; 1:17 PM
Theft (general)–4300 block Vine St, Hays; 12:10 AM; 1:10 AM
Animal At Large–1300 block Felten Dr, Hays; 2:23 PM
Warrant Service (Fail to Appear)–2900 block Vine St, Hays; 3:07 PM
Dead Animal Call–8th and Main, Hays; 3:42 PM
Assist – Other (not MV)–300 block E 19th St, Hays; 5:04 PM
Harassment (All Other)–3500 block Canal Blvd, Hays; 5:14 PM
Suspicious Activity–3600 block Vine St, Hays; 5:42 PM
MV Accident-Private Property–4300 block Vine St, Hays; 6:37 PM
Lost Animals ONLY–500 block W 19th St, Hays; 7:19 PM
Water Use Violation–1300 block W 42nd St, Hays; 8:33 PM
Theft (general)–200 block W 10th St, Hays; 6 PM; 8 PM
Driving Under the Influence–300 block W 8th St, Hays; 9:25 PM; 9:30 PM
Disturbance – Noise–200 block W 8th St, Hays; 9:34 PM
Underage Possession of CMB/LIQ–400 block W 7th St, Hays; 10:15 PM; 10:17 PM
Underage Possession of CMB/LIQ–400 block W 6th St, Hays; 10:49 PM
Underage Possession of CMB/LIQ–400 block W 6th St, Hays; 11:35 PM
Underage Possession of CMB/LIQ-400 block W 6th St, Hays; 11:50 PM
Battery – simple–400 block W 7th St, Hays; 11:50 PM; 11:55 PM
Unwanted Person–1200 block Main St, Hays; 8/25 11:50 PM; 8/26 12 AM
The Hays Police Department responded to 16 animal calls and conducted 22 traffic stops Sun., Aug. 26, 2018, according to the HPD Activity Log.
Underage Possession of CMB/LIQ–600 block Fort St, Hays; 12:08 AM
Stolen/Recovered Property–1800 block Vine St, Hays; 12:12 AM
Driving Under the Influence–100 block W 7th St, Hays; 12:16 AM
Driving Under the Influence–400 block Main St, Hays; 1:08 AM
Disorderly Conduct–100 block W 7th St, Hays; 2:10 AM; 2:15 AM
Driving Under the Influence–200 block Main St, Hays; 2:21 AM; 2:46 AM
Dead Animal Call–Douglas and Felten, Hays; 6:52 AM
Animal Injured–500 block E 16th St, Hays; 7:17 AM
Lost Animals ONLY–3400 block Summer Ln, Hays; 8:42 AM
Wildlife Incident–2900 block Sherman Ave, Hays; 8:49 AM
MV Accident-Hit and Run–100 block E 18th St, Hays; 11:30 PM
Animal At Large–2000 block Metro Ln, Hays; 9:51 AM
Animal Cruelty/Neglect–2700 block Epworth St, Hays; 10:31 AM
MV Accident-City Street/Alley–2900 block Vine St, Hays; 2 PM
Found/Lost Property–500 block W 16th St, Hays; 2:41 PM
Found/Lost Property–2900 block Sherman Ave, Hays; 3:31 PM
Harassment, Telephone/FAX–1200 block Motz Ave, Hays; 3:46 PM
MV Accident-Private Property–500 block W 6th St, Hays; 6:56 PM; 6:58 PM
Welfare Check–300 block W 9th St, Hays; 10 PM
The Hays Police Department responded to 6 animal calls and conducted 18 traffic stops Mon., Aug. 27, 2018, according to the HPD Activity Log.
Disturbance – General–3100 block El Dorado Ln, Hays; 1 AM; 1:40 AM
MV Accident-Hit and Run–27th and Main, Hays; 7:49 AM
Criminal Damage to Property–300 block W 33rd St, Hays; 8:23 AM
Burglary/vehicle–3300 block Hall St, Hays; 8:22 AM
Abandoned Vehicle–3900 block E 8th St, Hays; 8:24 AM
Civil Dispute–500 block Main St, Hays; 10:45 AM
Burglary/vehicle–2900 block Ash St, Hays; 11:02 AM
Animal At Large–4200 block Vine St, Hays; 11:22 AM
Welfare Check–3400 block Vine St, Hays; 12:07 PM
Lost Animals ONLY–500 block Walnut St, Hays; 12:10 PM
Found/Lost Property–100 block W 12th St, Hays; 8/26 6:30 PM
Burglary/vehicle–2900 block Willow St, Hays; 2:41 PM
MV Accident-Co Road/St Hwy–1300 block Walnut St, Hays; 3:04 PM
Abandoned Vehicle–400 block E 21st St, Hays; 3:52 PM
MV Accident-City Street/Alley–2700 block Willow St, Hays; 3:56 PM
Drug Offenses–200 block E 8th St, Hays; 4:10 PM
Criminal Threat–500 block W 16th St, Hays; 3:58 PM; 4:18 PM
Found/Lost Property–2000 block Eisenhower Rd, Hays; 4:45 PM
Harassment, Telephone/FAX–2700 block Colonial St, Hays; 3 PM; 5:26 PM
Suspicious Activity–Hays; 7:24 PM
Found/Lost Property–2700 block Epworth St, Hays; 9:19 PM
The Hays Police Department responded to 7 animal calls and conducted 11 traffic stops Tue., Aug. 28, 2018, according to the HPD Activity Log.
Assist – Other (not MV)–300 block W 10th St, Hays; 12:12 AM
Open Door/Window–4600 block Van Buren St, Hays; 1:32 AM
Suspicious Activity–100 block E 18th St, Hays; 1:44 AM
MV Accident-City Street/Alley–27th and Hickory, Hays; 7:47 AM
Suspicious Activity–700 block E 6th St, Hays; 8:39 AM
Found/Lost Property–2900 block Sherman Ave, Hays; 9:30 AM
Animal At Large–2200 block Canterbury Dr, Hays; 11:24 AM
Custody Dispute–1300 block E 33rd St, Hays; 12:45 PM
MV Accident-Personal Injury–2000 block Vine St, Hays; 12 AM
Welfare Check–600 block E 7th St, Hays; 1:14 PM
Lost Animals ONLY–100 block E 22nd St, Hays; 1:29 PM
Assist – Other (not MV)–2200 block Canterbury Dr, Hays; 2:10 PM
MV Accident-Personal Injury–200 block E 27th St, Hays; 3:21 PM
MV Accident-Personal Injury–13th and Elm, Hays; 4:59 PM
Civil Dispute–2000 block Canal Blvd, Hays; 6:25 PM
Lost Animals ONLY–2800 block Barclay Dr, Hays; 7:43 PM
Drug Offenses–800 block Main St, Hays; 8:52 PM
Theft (general)–3400 block Vine St, Hays; 8/22 12 PM; 8/28 8:57 PM
Drug Offenses–3400 block Vine St, Hays; 9 PM; 9:06 PM
Suspicious Person–4600 block Van Buren St, Hays; 6:30 PM; 7 PM
The Hays Police Department responded to 10 animal calls and conducted 14 traffic stops Wed., Aug. 29, 2018, according to the HPD Activity Log.
Suspicious Activity–2100 block General Custer Rd, Hays; 12:22 AM
Water Use Violation–300 block Mopar Dr, Hays; 12:47 AM
Mental Health Call–4300 block Vine St, Hays; 3:21 AM
Sex Offense–400 block Agnew Ln, Hays; 1:50 AM; 2 AM
Animal At Large–4200 block Vine St, Hays; 8:36 AM
Suspicious Vehicle–300 block E 23rd St, Hays; 9:01 AM
Abandoned Vehicle–400 block W 12th St, Hays; 10:13 AM
Abandoned Vehicle–4700 block Roth Ave, Hays; 10:20 AM
Found/Lost Property–2900 block Vine St, Hays; 10:41 AM
Abandoned Vehicle–100 block E 12th St, Hays; 10:57 AM
Animal At Large–4200 block Vine St, Hays; 11:45 AM
Animal At Large–700 block E 6th St, Hays; 11:50 AM
Unwanted Person–2800 block Vine St, Hays; 12:30 PM
MV Accident-Private Property–2900 block Vine St, Hays; 12:57 PM
Abandoned Vehicle–3300 block Vine St, Hays; 1:09 PM
Found/Lost Property–1200 block E 27th St, Hays; 1:17 PM
Criminal Damage to Property–100 block E 7th St, Hays; 8/28 9 AM; 8/29 9 AM
Credit Card Violations–2500 block Virginia Dr, Hays; 2:21 PM
Parking Complaint–2000 block MacArthur Rd, Hays; 2:57 PM
Theft (general)–1100 block E 33rd St, Hays; 3:01 PM
Animal At Large–1000 block E 8th St, Hays; 3:17 PM
Theft (general)–2900 block Broadway Ave, Hays; 3:36 PM
Assist – Other (not MV)–700 block E 6th St, Hays; 3:29 PM
(HPD)–2000 block MacArthur Rd, Hays; 4:03 PM
Theft of Services–2700 block Canal Blvd, Hays; 4:05 PM
Criminal Transport–1300 block Kansas Highway 264, Larned; 8:11 PM
Suspicious Activity–3400 block Vine St, Hays; 9:37 PM
The Hays Police Department responded to 5 animal calls and conducted 38 traffic stops Thu., Aug. 30, 2018, according to the HPD Activity Log.
Unwanted Person–800 block Ash St, Hays; 2:05 AM
Animal At Large–400 block Oak St, Hays; 7:53 AM
Dead Animal Call–1100 block Centennial Blvd, Hays; 10:24 AM
Unwanted Person–2500 block Vine St, Hays; 11:16 AM
Suspicious Person–2000 block Canal Blvd, Hays; 12:53 PM
Dead Animal Call–1300 block E 8th St, Hays; 1:59 PM
Fire–300 block W 7th St, Hays; 2:36 PM
Shoplifting–4300 block Vine St, Hays; 8/27 3:30 PM; 4:12 PM
Harassment, Telephone/FAX–1500 block Marjorie Dr, Hays; 8:18 PM
Found/Lost Property–200 block E 7th St, Hays; 10:08 PM
Former Kansas Gov. Graves endorses nominee Kelly
TOPEKA, Kan. (AP) — Former moderate Republican Gov. Bill Graves has endorsed Democrat Laura Kelly in the Kansas governor’s race.
Kelly’s campaign announced the endorsement Monday and posted a YouTube video of Graves praising Kelly, a veteran state senator from Topeka.
Graves says in the video that Kelly will bring Republicans and Democrats together to solve problems.
The former GOP governor’s endorsement came after the union representing firefighters in Kansas endorsed Republican Secretary of State Kris Kobach last week. It previously has endorsed Democrats.
Kelly and independent candidate Greg Orman are wooing moderate Republicans alienated by Kobach’s conservative politics and advocacy of tough immigration policies.
Graves served two terms as governor from 1995 until 2003. He won re-election in 1998 with a record 73 percent of the vote but clashed frequently with GOP conservatives.
Nila A. (Kitchen) Been
Nila A. (Kitchen) Been, 91, passed away Sunday, September 2, 2018 at Hillcrest Nursing Home in McCook, Nebraska.
Nila was born August 3, 1927, the daughter of Oscar and Maona (Blaisdell) Kitchen in Pierre, South Dakota. She moved with her family in 1929 to Sherman County, spending a year in Colorado Springs while her father worked on the Broadmoor Hotel. She attended schools in Ruleton and Kanorado, graduating from SCHS in 1945. She attended Fort Hays State College and received a teaching certificate, which she used for 1 year, teaching in a one room school house in Sherman County.
Nila married Mac S. Been on August 22, 1946. They had a garden wedding at her parent’s home. For the first few years they had a dairy farm. Nila worked many jobs, Duckwalls, Cook at the Nue Hotel, Assistant Manager of ALCO, Bookkeeper at ALCO, and at one time was a Bus Driver for the USD #352. In 1970, Mac and Nila bought a farm east of Goodland and raised Milking cows and pigs. But her favorite job was being wife, mother and grandmother.
In later years, Nila with good friend Virginia Chatfield spent many long hours in front of a quilting frame, hand quilting for many others. After Virginia passed away, Nila spent many hours by herself quilting. She was able to teach 4 of her grandchildren the love of quilting.
Nila enjoyed her 6 grandchildren, teaching each one how to cook, sew, crochet and craft project. She enjoyed watching them at their sporting events and showing 4-H projects. She always had time for them. Many hours were spent playing gin rummy and Phase 10 with them. Reading was a lifetime passion of Nila’s.
Nila was a member of the First United Methodist Church, the Lincoln Larks EHU, and widow of an Elks member.
Nila was preceded in death by her Mother (1968), Father (1981), brothers Lawrence (1935), Joy (1983) and Orvine (2010), husband, Mac (2000) and Son, Neal (1977).
Survivors include Son, Kent Been, wife Peggy, Indianola, Nebraska, their daughters; Amy Bennett, husband Brian, Tucson, Arizona and Allison Domon, husband Malcolm, Children, Felicity, Malcolm Jr. and Adelaide, Omaha, Nebraska. Daughter, Laura McClung, husband Gary, Goodland, Kansas, their children: Ana Musial, husband Mark, Colorado Springs, Colorado, Jonathan McClung, Jonah McClung and Ashtin McClung, all of Goodland.
Visitation will be Thursday, September 6, 2018, at Koons-Russell Funeral Home from 5:00 to 7:00 PM MT. Funeral services will be Friday, September 7, 2018 at 1:30 PM MT at the First United Methodist Church. Burial will be at the Goodland Cemetery.
Memorials may be designated in her name to the Goodland Public Library can be left at the services or mailed to Koons-Russell Funeral Home, 211 N. Main Ave., Goodland, KS 67735.
Online condolences for the family may be left at www.koonsrussellfuneralhome.com.
Funeral service arrangements have been entrusted to Koons-Russell Funeral Home in Goodland, KS.
Kan. Attorney General: Transgender right’s case Is about reducing cost
By DAN MARGOLIES
Kansas Attorney General Derek Schmidt has defended the state’s decision to weigh in on a case that could limit transgender rights.
Asked by reporters about Kansas’ decision to join 15 other states in urging the U.S. Supreme Court to rule that it’s legal to fire people for being transgender, Schmidt noted that the 10th U.S. Circuit Court of Appeals, which includes Kansas, has taken that position.
photo by C.J. JANOVY -Kansas News Service
“Almost certainly at some point, some plaintiff or group of plaintiffs is going to file a lawsuit to test the continued validity of the 2007 decision that binds Kansas today,” Schmidt said. “Or we can say, ‘Let’s do our part to try to get this in front of the Supreme Court as quickly as possible.’ That adds certainty, it reduces litigation risk and cost.”
Schmidt was referring to the 10th Circuit’s decision that federal laws prohibiting sex discrimination do not protect transgender people.
That decision runs contrary to the majority of courts that have addressed the issue. And although Schmidt said the ruling was binding on Kansas, the state is free to adopt a broader interpretation of the law if it wishes, a legal expert said.
“They can always extend broader protections at the state than what the law requires,” said Kim Jones, an employment lawyer at Seyferth Blumenthal & Harris in Kansas City. “So even if the 10th Circuit took that position, as an employer, as an enforcement agency, they (Kansas) could take the position that, no, we are going to treat people better than the law would require.”
Schmidt made his remarks after Kansas joined a friend-of-the-court brief asking the Supreme Court to overturn another federal appeals court’s decision that it was illegal for a Michigan funeral home to fire an employee who was transitioning from male to female.
The employee, Aimee Stephens, had told the funeral home’s owner that she was a transgender woman and planned to dress as a woman. The owner, a devout Baptist who believed that God created males and females in the traditional biological sense, said that was unacceptable and terminated her.
The Equal Employment Opportunity Commission sued on Stephens’ behalf but the case was dismissed. On appeal, the Sixth U.S. Circuit Court of Appeals reversed, finding that gender identity discrimination is a form of sex discrimination prohibited under Title VII.
Kansas and the other states argue in their brief that the Sixth Circuit decision “erases all common, ordinary understandings of the term ‘sex’ in Title VII and expands it to include ‘gender identity’ and ‘transgender’ status.”
“In doing so,” says the brief, “the lower court rewrites Title VII in a way never intended or implemented by Congress” when it passed Title VII as part of the Civil Rights Act of 1964.
Jones said that while the 10th Circuit found that Title VII’s protection against sex discrimination does not extend to transgender individuals, many lawyers have managed to get around that by arguing that their transgender clients were discriminated against because they did not conform to gender stereotypes.
“And that is a form of sex discrimination that has been recognized by virtually all of the circuits, including the 10th. So nothing about that (2007) opinion would have necessitated Schmidt to do what he did,” Jones said.
“And, in fact, even in enforcing the laws for which his office is responsible, he could take the position that this is about sex stereotyping and that a transgender person should be protected because this is a form of sex discrimination.”
Schmidt told reporters that even if the Supreme Court finds that the firing of Stephens was illegal, “that still saves the state money because we don’t have, potentially, years of litigation sorting it out in the appeals courts.”
“Obviously, I’m going to advocate on the side of both federal and state as it’s applied in Kansas,” Schmidt said. “I’m not going to arbitrarily choose a different position, but I think as the state’s lawyer, the interest I’m trying to protect is in minimizing the state’s litigation risk, getting an answer, moving on with the least amount of hassle.”
“At the end of the day,” he added, “I’ve got to do my job.”
Dan Margolies is a senior reporter and editor in conjunction with the Kansas News Service. You can reach him on Twitter @DanMargolies
All-American Breakfast to benefit AHSGR
Come get an awesome breakfast at the Hays VFW, 2106 Vine.
Sunday, September 9 at 7:30 AM – 12:00 PM
Tickets at the door are:
Adults $9.00 / In Advance $8.50
Kids(5-12) $4.00/ In Advance $3.50
Children under 5 FREE
Bacon, eggs, hash browns, pancakes, sausage, gravy, toast , coffee and orange juice. All you can eat!!
Sponsor is AHSGR (American Historical Society Of Germans From Russia).
Free Spirit Run Sept. 15
FREE SPIRIT 5K/10K RUN
Sign up at raceentry.com. The eighth Annual Free Spirit Run is being held in memory of Jordyn Claiborn, who was killed in a car accident September 11, 2009. All proceeds from the run will be donated to the Hays High Free Spirit Award and the Jordyn Claiborn Memorial Scholarship at the FHSU Herndon Clinic for Speech and Language. The run and the scholarships established in her name are in honor of the way Jordyn lived her life – Free. The Free Spirit Run will feature a 5K and 10K division. In addition, there is a “Free Spirit” division for those who want to contribute and set their own race distance.
Entry Deadline: September 12
Entry Fee: $18.00
$22.00 entry fee after Sept. 12
Held on: Saturday, September 15
Times: Registration starts at 9:15am
Race at 10:00am
Location: Dusty Glassman Ballpark – 4th & Milner
Limitations: Min. 15 pre-registered
Thunder On The Plains Sept. 14 & 15
Thunder on the Plains Car, Truck and Cycle Show
September 15,
8 AM–5 PM
Frontier Park
Cruise Night & Street Dance
September 14, 6 PM
Westlake Ace Hardware to Main St.
Visit their website here.
Welfare officials raise questions in death of baby at Kan. motel
WICHITA, Kan. (AP) — State welfare officials say police should have considered taking 2-month-old twins into protective custody before one of them died at a west Wichita motel.
In the Wichita area, when police put children into protective custody, it often means taking them initially to a facility that offers emergency, temporary care. From there, they can go to a foster home or relative while the child protection system determines an eventual placement.
Instead, police put the infants with a relative on Aug. 28 after finding that their parents 34-year-old Kyle Lloyd Kempton and 39-year-old Christy Rollings were intoxicated at the motel where the family stayed.
The next afternoon, the relative returned the babies to the parents. One of the twins was found dead at the motel Thursday morning. Police arrested Kempton and Rollings.
___
Cover Crops Field Day Sept. 5
