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Headlines for Friday, May 26, 2023

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Emily Fisher
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KPR

GOP Leaders in Kansas Back Off Threat to Sue Democratic Governor over Education Funding

TOPEKA, Kan. (AP) — Leaders of the Republican-controlled Kansas Legislature have backed off a threat to sue the state's Democratic governor for vetoing parts of a GOP education funding bill. They said Thursday that they still doubt the legality of her actions but now question whether a court challenge would be worth it. Governor Laura Kelly's vetoes changed how state funds are distributed to protect rural schools. GOP leaders argue that Kelly exceeded her power to veto individual items in budget bills, but Senate President Ty Masterson told reporters they had expected her to go after more parts of the bill.

Kelly nixed items in a $6 billion measure that provides the bulk of the funding for public K-12 schools for the 2023-24 school year. The vetoes changed how state funds are distributed to protect rural schools, though the move helped a majority of the state's 286 local districts and took funds away from only 25 of them, according to State Department of Education data. The governor didn't touch the only school choice initiative that divided Republicans were able to pass this year, expanding an existing program for private school scholarships of up to $8,000 a year for low-income public school students. While public education groups strongly opposed it, some GOP conservatives had hoped to pass the kind of sweeping plan to use state education dollars to help parents pay for private or home schooling that states such as Iowa, South Carolina and Utah enacted.

Republican leaders contend that Kelly exceeded the power granted to governors under the Kansas Constitution to veto individual spending items in budget bills. The education funding bill mixed spending with policy, and Kelly deleted six pages of language and also made a technical adjustment at the end of the bill.

Senate President Ty Masterson, a Wichita-area Republican, told reporters Thursday at the Statehouse that going after the governor's actions may not be worth the fight now.

When Kelly announced her vetoes last week, Masterson and House Speaker Dan Hawkins, a Wichita Republican, called on GOP Attorney General Kris Kobach to review them, suggesting they were poised for a lawsuit. Kelly's actions rejected a GOP-backed change for local school districts with declining student numbers — more than half of them. The state distributes its dollars with a per-student formula, so funding drops as enrollments decline, but the state phases in the decrease over several years.

The GOP change would have allowed less time for districts to adjust to a funding loss, and top Republicans contend the move would have helped growing districts. But Hawkins said in a statement that the issue "can probably be addressed in a more efficient way" than suing Kelly.

The governor told reporters Thursday after a Statehouse event that she believes the six pages she vetoed "clearly" represented a budget item. She said she wasn't sure she could go after other parts of the bill, "and I didn't want to test it out." Kelly's vetoes benefitted more than 150 districts, giving them more state funds than they would have received otherwise, according to State Department of Education data. More than 100 others saw no difference.

Kansas has boosted aid to public schools over the past decade, with an increase of about 3% coming for 2023-24. Even with fewer students across much of the state, only 10 districts will receive less aid overall than they did in 2022-23. All of those have fewer than 500 students, and four have fewer than 100. Without Kelly's vetoes, 29 districts would have received less money overall than in 2022-23. "If they continue to put really bad policy in appropriations bills, you know, I probably will continue to line-item (veto them)," the governor said.

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How Risky Is It to Have a Biosecurity Lab in Manhattan? How Risky Is It Not to Have the Lab?

MANHATTAN, Kan. (KSNT/TCJ) — Top national and state leaders say maximum biocontainment and safety are top priorities, as a high-security federal disease lab opens in Manhattan. A ribbon cutting ceremony was held this week in Manhattan to officially open the new National Bio Agro-defense Facility (NBAF). With more than 500,000 square-feet, this state-of-the art, bio-safety level 4 (BSL-4) lab was constructed with steel and concrete. It’s the product of collaboration between the Department of Homeland Security (DHS), the U.S. Department of Agriculture (USDA), and city and state officials.

KSNT reportsthat scientists at NBAF will be tasked with studying everything from diseases threatening the nation’s livestock to some of the most dangerous animal-borne diseases with no cure. NBAF replaces the kind of research previously conducted at the Plum Island Animal Disease Center in New York.

Julie Brewer, DHS Executive Director of Innovation and Collaboration, was asked whether there are concerns that a potential outbreak could occur at NBAF with some of the more high-risk diseases that will be studied there. “There’s always a risk, but what I will say is that this is the most secure bio-containment laboratory ever built in the United States,” Brewer said. “There is redundancy to redundancy and there is commitment from the staff to keep the community safe. Biocontainment has long been proven to work and protect the communities around us.”

According to USDA Secretary Tom Vilsack, researchers will be working every day to develop solutions to mitigate the consequences of any potential biological threats. NBAF will increase the number of field veterinarians who are trained in animal disease diagnostics. NBAF’s training facilities will provide opportunities for federal and state veterinarians to see these diseases in real-time so they can better detect suspect cases in the field.

For decades, former Kansas Senator Pat Roberts, who served as chairman of the House and Senate Agriculture committees, has pushed for a bio-defense facility in Kansas. “We still must be prepared for a threat that could’ve been disastrous over 20 years ago, and I believe still remains... the consequences are so terribly severe… short and long-term… and that is why we have NBAF," he said.

Kansas Governor Laura Kelly also emphasized the importance of the facility in protecting the nation and its food supply. “The work that will be done here will be critical in protecting the country and the world against biological, agricultural, and zoonotic diseases,” Kelly said.

The Topeka Capital-Journal reports on the various threats that led to construction of NBAF.

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Kansas Paramedic Charged with Sexually Assaulting Heavily Drugged Woman

IOLA, Kan. (AP) — A Kansas paramedic has been charged with sexually assaulting a woman while she was taking a cocktail of painkillers and sedatives. Authorities say 42-year-old Adam Ferguson, of Iola, is free on $20,000 bond after he was charged Monday with three counts of aggravated sexual battery. The complaint alleges the assault happened on December 21, 2022, while the woman was incapable of giving consent because of the effect of several different painkillers, including morphine and Tylenol, and sedatives. The Kansas Bureau of Investigation says Ferguson was working as a paramedic with Iola EMS at the time. A city official says Ferguson was fired Tuesday morning. The KBI says the case remains under investigation and asked anyone with information to contact law enforcement.

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Paola Track Coach Arrested, Accused of Sexually Assaulting Two Minors

PAOLA, Kan. (WDAF) — A Paola high school track coach has been arrested after police say the man raped and sexually assaulted two minors. Police say Chad Kelsey was arrested Wednesday morning at his home where officers also executed a search warrant. Paola Superintendent Matt Meek said Kelsey was a track coach at the high school for 13 years. WDAF TV reports that Kelsey has since been fired. Paola police say they received information May 15 about an alleged rape in 2022 and other alleged sexual assault incidents. As police investigated, they identified a second assault victim who was also a child.

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Mayor Blasts 911 Wait Times in Kansas City

KANSAS CITY, Mo. (KCTV) — Kansas City Mayor Quinton Lucas says his city needs to fix its 911-hold problem. The mayor went public Thursday morning about his personal story. He tweeted that when his sister called 911 for their mother Wednesday, she waited on hold for five minutes. KCTV reports that the mayor's mother is now recovering at a hospital. Hundreds of people saw the mayor's tweet and many responded with similar horror stories. 911 wait times have been the focus of numerous investigations by KCTV, which reports that wait times have been getting worse. Mayor Lucas promised to find solutions to the lengthy wait times. In the past, the Kansas City Police Department cited staffing issues as the root cause of the problem.

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Udall Holds Memorial Marking Anniversary of State's Deadliest Tornado

UDALL, Kan. (KWCH) — People in the small Cowley County town of Udall gathered at the community building Thursday for a memorial marking 68 years since the deadliest tornado in Kansas history. On May 25, 1955, a violent F-5 tornado destroyed Udall, killed more than 70 people and injured hundreds more. KWCH TV reports that people gathered Thursday night to remember those who died that day with a moment of silence and a presentation from Virginia-based author Jim Minick whose book, Without Warning: The Tornado of Udall, Kansas, covers the tragedy from nearly seven decades ago. When disaster struck, it was too late for many to react. Before moving into Kansas, that same storm left a path of destruction through Texas and Oklahoma, killing more than 100 people and injuring hundreds more. The deadly storms on May 25, 1955 led to the introduction of the National Weather Service’s warning system and the Storm Spotter Training Network.

Listen to KPR's review of Jim Minick's book on the Udall tornado.

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Dangerous Flooding Hits Northwest Kansas, Southwest Nebraska

HITCHCOCK COUNTY, Neb. (KSNW) — Some people in northwest Kansas and southwest Nebraska are dealing with flooding after a lot of heavy rain. The National Weather Service declared a flash flood emergency in western Hitchcock County, Nebraska, Friday morning. The area got 5 to 10 inches of rain. KSNW TV reports flash flood warnings were issued for Decatur and Rawlins counties in Kansas and Red Willow and Hitchcock counties in Nebraska. First responders have been busy with water rescues. Some of the rescues were from homes where the water was waist deep. At 12:15 pm, the Rawlins County Sheriff’s Office said that the town of Herndon and Highway 117 remained flooded.

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$1.3 Million Missile Silo Hits Real Estate Market in Central Kansas

LINCOLN COUNTY, Kan. (KWCH) — A decommissioned missile silo is up for sale in central Kansas. Built in the 1960s, the silo is a quiet getaway located nearly 200 feet underground at an "undisclosed location in Central Kansas.” KWCH TV reports that the Rolling Hills Missile Silo was used at the height of the Cold War and served as a shelter to withstand a nuclear blast or any type of natural disaster. Today, the current owner says it could be renovated into a quiet home. The asking price is $1.3 million. Owner Paul Novitzke said, "It’s super peaceful. You don’t hear anything but the birds. There’s no traffic. (And) at night, the stars are spectacular." The property is the second Kansas missile silo Novitzke has purchased, fixed up and put on the market. Discover more about the missile silo here.

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Lawrence Busker Festival Lands in Downtown Lawrence this Weekend

LAWRENCE, Kan. (LJW) — Street performers will be out in force at the annual Lawrence Busker Festival this weekend. The four day event runs Friday through Monday in downtown Lawrence. According to the Lawrence Journal-World, the highlights include Friday’s family-friendly street party at 10th and Massachusetts, the Art Tougeau art car parade at noon on Saturday, and four stages, two on Eighth Street and two on Massachusetts, with a rotation of entertainment all weekend. Vendors, face-painting, balloon artists and much more will be available. A full schedule of events can be seen at lawrencebuskerfest.com.

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Remains of World War II Soldier to be Buried in Southeast Kansas

INDEPENDENCE, Kan. (KPR) — The remains of a U.S. soldier killed during World War II will be interred June 2, at Mount Hope Cemetery, Independence, Kansas. Graveside services for Army Air Force Staff Sgt. David E. Holeman will be performed by Webb & Rodrick Chapel in Independence, preceding the interment. A native of Le Harpe, Kansas, Holeman was a member of the 17th Pursuit Squadron, 24th Pursuit Group, when Japanese forces invaded the Philippine Islands in December 1941. Intense fighting continued until the surrender of the Bataan peninsula April 9, 1942, and of Corregidor Island May 6, 1942.

Holeman was among thousands of U.S. and Filipino service members captured and interned at POW camps when U.S. forces in Bataan surrendered to the Japanese. The men were subjected to the 65-mile Bataan Death March and held at a Prisoner of War Camp where more than 2,500 POWs perished. According to prison camp and other historical records, Holeman died July 19, 1942, and was buried along with other deceased prisoners in the local Cabanatuan Camp Cemetery in Common Grave 312. He was 39 years old.

Following the war, American Graves Registration Service personnel exhumed those buried at the cemetery, relocating the remains to a temporary U.S. military mausoleum near Manila. Twelve sets of remains from Common Grave 312 were identified in 1947 – the rest were declared unidentifiable and buried at the Manila American Cemetery and Memorial as unknowns. In early 2018, the remains associated with Common Grave 312 were disinterred and sent to the Defense POW/MIA Accounting Agency laboratory at Joint Base Pearl Harbor-Hickam, Hawaii, for analysis.

Holeman was accounted for August 23, 2022, after his remains were identified using circumstantial evidence as well as anthropological, mitochondrial DNA, Y chromosome DNA and autosomal DNA analysis. Although interred as an unknown at the Manila American Cemetery and Memorial, Holeman’s grave was meticulously cared for over the past 70 years by the American Battle Monuments Commission.

Click here for additional information about Staff Sgt. Holeman.

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Kansas Spends Millions Battling Most Invasive Species in the State

TOPEKA (KSNT) – A tiny species is making a big impact in Kansas lakes and creeks. Many of the state's waterways are infested with zebra mussels, an invasive species that has proven to be nearly impossible to remove. KSNT reports that the species costs the Sunflower State about 8 million dollars to fight every year. According to the Kansas Department of Wildlife and Parks (KDWP), the zebra mussels are a threat to native aquatic wildlife in Kansas. The mussels also clog up intake pipes at water treatment plants. Officials say zebra mussels cost power plants more than $145 million every year. The mussels can also lead to more harmful algal blooms which bring higher levels of toxicity to Kansas lakes.

Once the mussels have infested a waterbody, they are nearly impossible to remove. And Kansas wildlife officials say zebra mussels show no signs of going away anytime soon. The invasive species comes from the Black Sea and Caspian sea in Europe. They were first introduced to American waters in 1988 by ships on the Great Lakes. The mussels were first spotted in Kansas in 2003 at the El Dorado reservoir. From there, they spread to 35 other waterbodies in Kansas, likely from boaters traveling between waterbodies.

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KCC Approves Transmission Line from Wolf Creek Power Plant

TOPEKA, Kan. (WIBW) — The Kansas Corporation Commission has approved an 83-mile transmission line starting at the Wolf Creek nuclear power plant near Burlington in Coffey County and spanning five counties. WIBW TV reports the KCC approved the permit Wednesday to construct the transmission line through Coffey, Anderson, Allen, Bourbon and Crawford counties. NextEra Energy will build and operate the transmission line.

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KC Transportation Authority Hopes to Study Intercity Rail for Northeast Kansas

TOPEKA, Kan. (KSNT) — The Kansas City Area Transportation Authority has applied for a $500,000 grant from the Federal Railroad Administration to study the idea of an intercity rail system. The rail line would serve northeast Kansas and the KC Metro. KSNT reports that if it’s eventually approved, the new rail system could connect Kansas City International Airport to Olathe and Independence, Missouri, with Topeka - with numerous stops along the way.

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Kansas Man Admits to Creating Child Porn

KANSAS CITY, Kan. (KPR) — A northeast Kansas man has been sentenced to nearly 22 years in prison for producing child pornography. Federal prosecutors say 31-year-old Marquis Williams, of Shawnee, pleaded guilty to two counts of sexual exploitation of a child. Investigators found hundreds of images of child porn on his cell phone. Some of the images depicted Williams molesting two children under the age of 12. Williams admitted that he sexually assaulted the children.

The Shawnee Police Department, the U.S. Secret Service, and the Kansas Internet Crimes Against Children Task Force helped investigate the case.

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Death of Historic Kansas Tree Reveals Secrets

INDEPENDENCE, Kan. (KSNW) — The community of Independence has lost a beloved historic tree. KSNW TV reports that the Riverside Park elm tree had stood for as long as anyone could remember. But unfortunately, the tree had to come down after Dutch Elm Disease killed it. Park, Zoo, and Cemetery Director Scott Patton says a close inspection of the tree's rings turned up several surprises. First, the tree was 130 to 150 years old. Second, it wasn’t one tree but four trees that had grown together. It’s a process called inosculation. Basically, four trees grew near each other and eventually grew together, appearing to be a single tree. The rings of the trees also showed signs of historical events like a flood and the Dust Bowl of the 1930s. Patton says cut sections of the trees will be displayed and used for educational purposes. They are also working on ideas to preserve the remaining stump.

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Topeka Zoo to Undergo Animal Exhibit Renovations

TOPEKA, Kan. (KSNT) — The Topeka Zoo will undergo some major updates this summer. KSNT reports that the facility will renovate several animal exhibits. The zoo’s black bears will see the first addition. Construction will begin next month on new features in the bear’s living area including a new climbing structure and an interactive learning and exploration experience for the animals. In July, renovations will begin for the golden lion tamarins new outdoor exhibit. The new exhibit will be larger, and mimic a Brazilian jungle tree canopy which is closer to their natural environment.

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KDHE: Senior Food Coupons to Increase Value

TOPEKA, Kan. (KOAM) — Officials with the Kansas Department of Health and Environment (KDHE) say they intend to increase the value of food coupons available for low-income seniors. KOAM TV reports that the Kansas Senior Farmers Market Nutrition Program raised its coupon value from $35 to $50. KDHE says seniors are eligible for the coupons if they complete an application, are 60 years old or older and meet income guidelines. The coupons can be redeemed from vendors at participating farmers’ markets for the purchase of eligible foods. Seniors can apply at local KDHE offices beginning June 1st. Seniors can find more information on the food coupons by clicking here.

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Baker University Softball Team Eliminated from NAIA World Series

COLUMBUS, Ga. (KPR) — The Baker University softball team has been eliminated from the NAIA Softball World Series in Columbus, Georgia. Georgia Gwinnett defeated the Wildcats Friday, 6-2, in Baker's first trip to the softball World Series. The Wildcats, who finish the season with a 47-12 record, dropped into the loser's bracket after their opening-game setback Thursday.

(–Earlier reporting–)

Baker Team Loses Opening Game in NAIA Softball World Series

COLUMBUS, Ga. (KPR) — The Baker University softball team lost its first-ever World Series game. A walk-off home run by Central Methodist spoiled the contest for Baker in the first round of the 2023 NAIA Softball World Series Thursday afternoon in Columbus, Georgia. No. 9 Baker fell to the eighth-seeded Eagles 2-0. The Wildcats now face No. 5 Georgia Gwinnett in an elimination game Friday morning.

Watch a live stream of the NAIA World Series games here.

View the World Series bracket here.

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Kansas State Defeats KU in Big 12 Baseball Tournament, Advancing to Semifinals

ARLINGTON, Texas (AP) — Kaelen Culpepper went 4 for 5 with five RBIs — including a three-run home run in the bottom of the second inning — and German Fajardo allowed five hits over 7 1/3 innings to help Kansas State beat Kansas 7-1 in an elimination game at the Big 12 Tournament. No. 5 seed Kansas State plays fourth-seeded TCU — which beat the Wildcats 16-3 in the tournament’s opening game — in the semifinals. Nick Goodwin led off the bottom of the second inning with a walk and Brady Day followed with a single before Culpepper hit a shot to left that made it 3-0. Fajardo had a season-high nine strikeouts. Jake English went 2 for 3 with a solo homer in the third for No. 8 seed Kansas.

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Target on the Defensive After Removing Some Products Aimed at LGBTQ+

NEW YORK (AP) — Target once distinguished itself as being boldly supportive of the LGBTQ+ community. Now that status is tarnished after it removed some products aimed at LGBTQ+ and relocated Pride Month displays to the back of stores in certain Southern locations in response to online complaints and in-store confrontations that it says threatened employees’ well-being. Target faces a second backlash from customers upset by the discount retailer’s reaction to aggressive, anti-LGBTQ+ activism, which has also been sweeping through Republican state legislatures. Civil rights groups chided the company on Wednesday for caving to anti-LGBTQ+ customers who tipped over displays and expressed outrage over gender-fluid bathing suits. “Target should put the products back on the shelves and ensure their Pride displays are visible on the floors, not pushed into the proverbial closet,” Human Rights Campaign president Kelley Robinson said in a statement. “That’s what the bullies want.”

The uproar over Target’s Pride Month marketing — and its response to critics — is just the latest example of how companies are struggling to cater to different groups of customers at a time of extreme cultural divides, particularly around transgender rights. Bud Light is still dealing with the fallout from when it sent transgender influencer Dylan Mulvaney a beer can with her face on it, which Mulvaney then displayed in an Instagram post, igniting backlash. Bud Light's parent company is tripling its U.S. marketing spending this summer as it tries to restore lost sales. In Florida, Disney has been engaged in a legal battle with Governor Ron DeSantis since expressing opposition to the state's classroom limits on discussing gender identity and sexual orientation.

Allen Adamson, the co-founder and managing partner of the marketing firm Metaforce, said Target should have thought through the potential for backlash and taken steps to avoid it, like varying the products it sells by region. “The country is far less homogenous than it ever was," he said. “For any brand, it’s not ‘one size fits all’ anymore.” Shares of Target, which is based in Minneapolis, extended their fall on Thursday, declining 2.6% in morning trading. On Wednesday, the stock closed down 3%.

According to a 2021 Gallup poll, 21% of people in Generation Z identify as lesbian, gay, bisexual or transgender, compared with 3% of Baby Boomers. Gallup has also found that younger consumers are most likely to want brands to promote diversity and take a stand on social issues. “Pulling back is the worst thing that they could have done," said Jake Bjorseth, who runs trndsttrs, an agency helping brands understand and reach Gen Z customers. “Not to expect potential backlash is to not understand what (LGBTQ+) members go through on a daily basis.” “Once they fold to the more extreme edges of the issue, then they’ve lost their footing,” Adamson added. “If you can change a big brand just by knocking over a display, then they are on the defense, and you never win on the defense.”

Target has long been seen as a trailblazer among retailers in the way it embraced LGBTQ+ rights and customers. It was among the first to showcase themed merchandise to honor Pride Month, which takes place in June, and it has been out front in developing relationships with LGBTQ+ suppliers. It has also faced backlash. In 2016, when a national debate exploded over transgender rights, the company declared that “inclusivity is a core belief at Target” and said it supported transgender employees and customers using whichever restroom or fitting room “corresponds with their gender identity.” But even after being threatened with boycotts by some customers, Target announced months later that more stores would make available a single-toilet bathroom with a door that could be locked.

As recently as last year, law enforcement agencies were brought in to monitor a social media threat from a young Arizona man who said he was “leading the war” against Target for its Pride Month merchandise, and he encouraged others to take action. But the company is operating in an even more politicized environment now.

There are close to 500 anti-LGBTQ+ bills that have gone before state legislatures since the start of this year, according to the American Civil Liberties Union. At least 17 states have enacted laws restricting or banning gender-affirming care for transgender minors, though judges have temporarily blocked their enforcement in some states.

Target declined on Thursday to say which items it was pulling from its stores. But "tuck friendly” women’s swimsuits, which allow trans women who have not had gender-affirming operations to conceal their private parts, were among Target’s Pride items that garnered the most attention. Target removed online this week designs by Abprallen, a London-based company that sells occult- and satanic-themed LGBTQ+ clothing and accessories outside of Target.

Abprallen couldn't immediately be reached for comment but its website on Thursday said it was temporarily closed, with a message that read: “Thank you all for your unrelenting support and love. The positivity and beautiful vibes you’ve sent my way this past week has been overwhelming.” The controversy at Target has been exacerbated by several misleading videos circulating online. In some, people falsely claimed the retailer was selling “tuck-friendly” bathing suits for kids. ”Given these volatile circumstances, we are making adjustments to our plans, including removing items that have been at the center of the most significant confrontational behavior,” Target said in a statement Tuesday.

The company pledged its continued support for the LGBTQ+ community and noted it is “standing with them as we celebrate Pride Month and throughout the year.” Indeed, it was business as usual at many Target locations on Wednesday. At the Target in Topeka, Kansas, the Pride display remained up front, visible as shoppers passed a corral of shopping carts right after the entrance. It included Pride-themed clothing for kids, as well as T-shirts and women’s bathing suits for adults. “I like that our local stores here have it front and center, when you walk in,” said Shay Hibler, a Topeka self-employed small business owner who was shopping with her 13-year-old daughter and supports LGBTQ+ rights.

Megan Rusch, a Kansas City-area resident who is studying criminal justice at Washburn University in Topeka, was shopping at the same store and said while other locations might worry about their image, “This is a pretty diverse area.” She said she believes it’s good for the stores to have the Pride displays so that LGBTQ+ customers feel included. Her shopping companion, Blake Ferguson, a Colorado resident who is studying accounting and finance student at Ottawa University, added simply: “Love is love.”

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This summary of area news is curated by KPR news staffers, including J. Schafer, Laura Lorson, Tom Parkinson and Kaye McIntyre. Our headlines are generally posted by 10 am weekdays and updated throughout the day. These ad-free headlines are made possible by KPR members. Become one today. And follow KPR News on Twitter.