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Iowa Supreme Court declines to remove injunction against fetal heartbeat law

News

June 16th, 2023 by Ric Hanson

(Radio Iowa) – The Iowa Supreme Court has declined to remove the injunction against the 2018 law that would limit abortion once a fetal heartbeat is detected. Abortion will remain legal up to 20 weeks of pregnancy. Chief Justice Susan Christenson, and justices Thomas Waterman and Edward Mansfield voted against removing the injunction. Justices Christopher McDonald, Mathew McDermott and David May voted to remove the injunction, while Justice Dana Oxley did not vote. The 3-3 tie leaves the injunction in place.

Justice Waterman wrote the ruling was never appealed when it was enacted, and the law was not legal at the time it passed before the Supreme Court’s ruling that abortion is not a right, and those are important reasons to deny the appeal. Justice McDonald wrote the dissent — saying that it is almost universally accepted that courts have inherent authority to modify or dissolve a permanent injunction based on changes in fact or law without regard to the passage of time.

Governor Kim Reynolds issued a statement calling the lack of action by the court disappointing. It says “Not only does it disregard Iowa voters who elected representatives willing to stand up for the rights of unborn children, but it has sided with a single judge in a single county who struck down Iowa’s legislation based on principles that now have been flat-out rejected by the U-S Supreme Court.

Iowa Democratic Party Chair Rita Hart released a statement saying “I am thrilled that the Iowa Supreme Court will not stand in the way of Iowans who need abortion care, especially when our friends and neighbors already have to navigate so many barriers to health care. Our job as Democrats going forward is to listen to the needs of our fellow Iowans and ensure that folks in every corner of the state can access the medical care they need, no matter where they live or what’s in their wallet.

Maggie DeWitte of Pulse Life Advocates, formerly Iowa Right to Life, had this reaction to the decision: “Profoundly disappointed. You know, we already passed a heartbeat bill once. And that law would have saved an estimated 2000 Iowans lives every year,” she says. DeWitte says the recent election the kept Republicans in control of all branches of state government showed Iowans support the bill. “We affirmed that decision by reelecting our governor, and a legislature that’s, you know, committed to protecting innocent children in the womb. And so it’s it’s very disappointing. You know, lawmaking is the job of the people’s elected representatives, and not unelected judges,” DeWitte says.

There is the possibility that the governor could call a special session to pass the bill again. “I would be supportive of that, the quicker that we can get the next step going in terms of saving innocent human lives, we would be supportive of that 100 percent,” she says. DeWitte says the overturning of the U-S Supreme Court decision making abortion legal one year ago has opened the door to move forward, and they will continue to work on ending abortion.

“We have a long ways to go. And that’s why groups like Pulse Life Advocates and others in the life community are working every day tirelessly to change hearts and minds,” DeWitte says. “And it goes back to the simple idea that all human life is valuable and dignity and therefore should be protected.”
Planned Parenthood will hold a news conference this afternoon to respond to the ruling.

Upcoming Cass County Conservation Board events

Ag/Outdoor, News

June 16th, 2023 by Ric Hanson

(Lewis, Iowa) – The Cass County Conservation Board (CCCB) has several, upcoming events. On June 24th, there will be Stand-up Paddleboard demonstrations at the Cold Springs Park beach. There are limited spots available on the 24th, so place call 712-769-2372, to reserve your place for either the 1-p.m. or 2:30-p.m. demonstration and a chance to try out a paddleboard for yourself. Te program will be canceled if there is unsafe weather. There is no charge. The only requirements are that participants weigh LESS than 250-pounds, children must be 16-years of age or older, and participants should bring a life jacket. If you cannot bring a life jacket, one will be provided for you.

Conservation officials say Stand Up Paddleboarding is the fastest growing sport in the paddling community, not only across the country, but especially here in land-locked areas like Iowa. It’s fun, healthy as a total body work-out and offers a unique perspective when it comes to being on the water.

The Conservation Board will host a “Movie in the Park” campground program, June 30th, at 9:30-p.m. The featured movie is “Minions: Rise of Gru.” The movie will be shown at the Campground Shelter at Cold Springs Park. There is no charge to attend, and you do not have to be a registered camper in order to attend the movie. In the event of rain, the movie will be rescheduled.

And finally, the Cass County Conservation Board will hold a “Gourmet S’mores Charcuterie” program, at 7-p.m., on July 1st. That also takes place at the Cold Springs Park campground shelter, near Lewis. Learn how to make Gourmet S’more desserts over a fire. Please bring your own place settings for samples. A suggested free-will donation of 5-dollars per person will help to defer the cost of supplies for the program. And again, you do not have to be a registered camper to attend this event.

Cass County Master Gardeners Host Tour of Local Gardens on June 25

Ag/Outdoor, News

June 16th, 2023 by Ric Hanson

(Atlantic, Iowa) – The Cass County Master Gardener group says they are excited to host a tour of four private gardens in the Atlantic area, on Sunday afternoon June 25, 2023. The tour will feature both town and country garden spaces for participants to explore at their leisure and gain inspiration for their own garden spaces while enjoying a variety of garden styles and designs. Gardens will be open for touring between 2-and 6-p.m., and may be visited in any order. Tickets should be presented at each location for admission, and for each garden visited participants will earn an entry to win a planter by Imagine Gifts and Greenhouse.

Highlights from featured gardens included wooded and shade gardens, landscaped garden paths, garden ponds and streams, fairy and gnome garden décor, customized berms, themed garden areas, gazebos and seating areas, pollinator gardens, perennial beds and more! Follow the Cass County Master Gardeners on Facebook at http://www.facebook.com/CassCoMG for sneak peeks of featured garden spaces leading up to the day of the tour.

The tour is coordinated by the Cass County Master Gardeners, but is open to everyone interested in touring and learning about gardening. Tickets for the tour are $10 each, with all proceeds going to support master gardener projects and scholarships. Tickets are available now for purchase at the Cass County Extension office, and a registration form can also be found on the Cass County Extension website at https://www.extension.iastate.edu/cass. A map of the tour locations and description of each garden is on each ticket purchased. Additional tickets may be purchased at any of the four locations on the day of the event.

Other upcoming events from the Cass County Master Gardeners include educational activities at the Produce in the Park Market and other summer events, and their annual Fall Plant Sale on Saturday September 9th. For more information about Master Gardener activities in Cass County, visit https://www.extension.iastate.edu/cass/master-gardener-program, call the Cass County Extension Office at 712-243-1132, or email Cass County Extension Director and Master Gardener Coordinator Kate Olson at keolson@iastate.edu.  In addition, you are invited to follow the Cass County Master Gardeners at their Facebook page at www.facebook.com/CassCoMG to keep up with local events and tips for gardening

2 out-of-state men arrested on separate Mills County charges

News

June 16th, 2023 by Ric Hanson

(Glenwood, Iowa) – The Mills County Sheriff’s Office reports two, recent arrests. Thursday afternoon, 25-year-old Willie Ray Johnson, of Gulfport, MS, was arrested for Domestic Abuse Assault. Johnson was being held without bond in the Mills County Jail. And, Tuesday afternoon, 30-year-old Victor Hugo Campos-Penaloza, of St. Louis, MO., was arrested in St. Charles, MO., on a Mills County warrant for 1st Degree Theft. His bond was set at $5,000.

There were also two incidents reported to the Mills County Sheriff’s Office: Officials with the Silver City Post Office told authorities on June 6th, that there had been an incident of attempted burglary in the 3rd degree. And, on June 14th, a woman from Omaha reported an incident of Identity Theft occurred in Mills County, at a location on Ingrum Avenue.

Additional information on those incidents was not provided.

Atlantic School Board meeting, extra news

News

June 16th, 2023 by Ric Hanson

(Atlantic, Iowa) – Atlantic School District Superintendent Steve Barber, Wednesday (June 14, 2023), presented the School Board with his final report. Mr. Barber is leaving the District at the end of this month. He mentioned the Atlantic Community School District currently has five teaching positions that have yet to be filled.

Mr. Barber’s replacement, Dr. Beth Johnson, is in the process of interviewing for the Transportation Director’s position left vacant by the resignation of Mark Weis, who is leaving the District effective July 1, 2023.

Steve Barber said most of the summer projects will begin July 1st, also. They include: The Washington Elementary School playground; High School storage shed; HS Auditorium lighting; carpets at the HS, ELC and Schuler; and Washington EVR units.

The lower elementary Summer Experience count he said is around 140 students, while the upper grades are averaging 50-to 60 students. The Atlantic School Board approved the hiring of Casey Pelzer, as the Middle School Principal.

In other business, the Atlantic School Board, Wednesday, approved an MOU (Memorandum of Understanding), with regard to the iJag (Iowa Jobs for America’s Graduates) program. Steve Barber said Guy Somers “has done a wonderful job [with the program], and that he “continues to look at ways to improve [it].” For the 2023-24 school year, 28 students have registered for the program.

The Board also approved an agreement with the Green Hills AEA for managed services designed to enhance the school district in the continuation of protecting the system, and enhancing cybersecurity measures.

Creston man arrested Thu. afternoon on a trio of offenses

News

June 16th, 2023 by Ric Hanson

(Creston, Iowa) – The Creston Police Department reports 22-year-old Chase Isaiah Ditzler, of Creston, was arrested at around 4:24-p.m. Thursday, at the Creston/Union County Law Enforcement Center. Ditzler was taken into custody for Violation of Parole, Theft in the 2nd Degree, and Theft in the 5th Degree. He was brought to the Union County Jail and held without bond, until seen by a Judge.

Gov. Reynolds announces Iowa Homeownership Incubator Competition

News

June 16th, 2023 by Ric Hanson

(DES MOINES) – Governor Reynolds, Thursday, celebrated national homeownership month with the announcement of the opening of the second annual Iowa Homeownership Incubator competition. The Iowa Homeownership Incubator is a challenge to Iowa lending institutions and real estate professionals to think innovatively about advancing financial literacy around homeownership among all Iowans, with the winning idea receiving a $20,000 grant to help implement the initiative.

“Homeownership is one of the leading drivers of economic security and wealth creation for Iowans which is why we’re pleased to announce the Iowa Homeownership Incubator to help drive innovation in this area,” said Governor Reynolds. “Iowa is already ranked among the top in the nation for first-time homebuyers and supporting financial literacy efforts will allow us to welcome many more Iowans home.”

“Homeownership benefits Iowans, communities and businesses alike,” said Iowa Finance Authority and Iowa Economic Development Authority Director Debi Durham. “The ability to affordably own a home is a key element to attracting and retaining our workforce but Iowans first must realize that homeownership may be within their reach, which is exactly what this incubator competition sets out to do.”

The Iowa Homeownership Incubator requires partnerships amongst a lending institution or real estate company and a community organization or business, and the winning pitch will be awarded $20,000 to educate Iowans about financial literacy as it relates to homeownership and assistance programs available to them, including IFA’s programs for low to moderate homebuyers. Proposals must be submitted by 5:00 p.m. on Aug. 1. Finalists will be determined by the Iowa Finance Authority and the Iowa Association of REALTORS® and will be invited to make their pitch to a panel of industry judges, who will determine the winner at the HousingIowa Conference in Cedar Rapids on Sept. 6.

“It’s no secret that homeownership is good for Iowans and good for Iowa,” said Iowa Association of REALTORS® CEO Gavin Blair.  “We look forward to seeing the innovative ideas for moving financial literacy around homeownership forward so we can open the door to homeownership for many more Iowans.”

More information about the Iowa Homeownership Incubator, including submission guidelines is available at housingiowaconference.com.

NE man sentenced in fentanyl death of a western IA man

News

June 16th, 2023 by Ric Hanson

(Council Bluffs, Iowa) [UPDATED]— An Omaha, NE., man was sentenced Thursday, June 15, 2023, for conspiracy to distribute a controlled substance. 22-year-old Jerome Wallace, III, was sentenced to 180 months (15 years) in prison following his plea of guilty to conspiracy to distribute a controlled substance. Wallace must serve a ten-year term of supervised release after the prison term. There is no parole in the federal system. Wallace was also ordered to pay restitution reimbursing funeral expenses.

According to court documents and evidence presented at sentencing, on March 2, 2021, the Council Bluffs Police and Fire Departments were dispatched to a home in Council Bluffs to provide medical treatment to an unresponsive male, 20-year-old Jared Ludwig, who ultimately died from a fentanyl overdose. Wallace distributed pressed pills containing fentanyl to the victim. Officers linked Wallace to the fentanyl overdose death after reviewing phone and social media information, and conducting witness interviews.

Wallace along with co-defendants 21-year-old Karlee Rosenthal and 20-year-old Linsey Stisi distributed pressed pills containing fentanyl as part of the conspiracy from January to August of 2021 in Omaha, Nebraska and Council Bluffs.

In January 2023, Rosenthal was sentenced to time served and five years of supervised release, following her plea of guilty to her role in the conspiracy to distribute a controlled sentence. In March 2023, Stisi was sentenced to time served and four years of supervised release, following her plea of guilty to her role in the conspiracy to distribute a controlled sentence. The Council Bluffs Police Department, Omaha Police Department, Southwest Iowa Narcotics Enforcement Task Force, and the Federal Bureau of Investigation investigated the case.

Fentanyl has become the leading cause of drug overdose deaths in the United States. Counterfeit, fentanyl-laced pills often resemble pharmaceutical pills, but contain potentially lethal doses of fentanyl. Visit the Drug Enforcement Administration’s website to learn more about One Pill Can Kill.

State regulators conditionally rule a woman who tied an Atlantic Nursing Home patient to a chair can keep her nursing license

News

June 16th, 2023 by Ric Hanson

(Des Moines, Iowa) – A nursing home caregiver who admitted tying a resident into a wheelchair with a bedsheet and who was also convicted of child endangerment can continue to practice nursing, state regulators have ruled. The Iowa Capital Dispatch reports in January, the Iowa Board of Nursing charged Katherine “Katie” Becker, of Casey, an LPN, with being involved in the unauthorized possession or use of a controlled substance; excessive use of alcohol that might impair her ability to practice nursing; and committing an act that could adversely affect the welfare of a patient. (Note: This is not the same person as Katherine Becker, RN)

According to board records, Guthrie County law enforcement executed a search warrant at Becker’s home in July 2021 and found the home “in an extreme state of disarray, with dirty dishes and food remnants found in the kitchen and animal excrement smeared all over the premises.” During the search, deputies seized three marijuana plants and drug paraphernalia and charged Becker with child endangerment for the state of her residence. Becker later pleaded guilty to the charge, according to the board.

In subsequent discussions with the board staff, Becker allegedly indicated she still worked in a nursing home but had recently “gone on a bender” and blacked out for several days.

According to the board, Becker was working at the Atlantic Specialty Care nursing home last September when she used a bedsheet to tie down, in a wheelchair, a female resident of the home. Becker allegedly defended her actions by saying the restraint was intended to prevent the woman from getting up and wandering.

Board records indicate the incident was reported to the Iowa Department of Inspections and Appeals, which regulates Iowa’s nursing homes, and the agency concluded the matter did not constitute dependent adult abuse.

The Board of Nursing voted recently to indefinitely suspend Becker’s license, but added that the suspension was being stayed pending the submission of a substance abuse evaluation, successful completion of any recommended treatment and the completion of 10 hours of educational training related to elder care.

If Becker cannot meet those requirements within the next six months, the license suspension will take effect.

Supreme Court to release ruling on fetal heartbeat law today

News

June 16th, 2023 by Ric Hanson

(Radio Iowa) – The Iowa Supreme Court will release its decision today (Friday) on the law that blocks abortions once a fetal heartbeat can be detected. The 2018 state law never took effect after an Iowa district court ruling permanently blocked it. The governor asked the Iowa Supreme Court to review the case, and during oral arguments in April, the attorney for the state argued the injunction against the law should be lifted based on state and federal Supreme Court rulings that abortion is not a constitutional right.

An attorney for Planned Parenthood argued the law was void because it was unconstitutional when it was passed. He also said Iowa procedures do not permit the state’s motion, and there was no change in the law that would justify vacating the injunction.