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Headlines for Tuesday, October 31, 2023

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Emily DeMarchi
/
KPR

Fort Scott Emergency Department Closing in December

TOPEKA, Kan. (KPR) - The emergency department in Fort Scott is closing. Ascension Via Christi says it's closing the emergency department in the southeast Kansas community on December 20th. Governor Laura Kelly says she's saddened by the news. She also blames the closure, in part, on the state's failure to expand Medicaid. Five years ago, Fort Scott's Mercy Hospital closed, sending Bourbon County residents to seek care in Pittsburg, some 30 miles away, or in Kansas City, about 90 miles away. Currently, 58% of rural hospitals in Kansas are said to be "at risk" of closing and 28% are at immediate risk of closing.

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Kansas Judge Blocks Abortion Restrictions

WICHITA, Kan. (KNS/KMUW) - A Kansas judge has temporarily blocked several abortion restrictions that doctors say are unconstitutional. People seeking abortions in Kansas will no longer have to print and sign a consent form 24 hours before their appointment… and won’t have to wait 30 minutes after meeting with a doctor before receiving an abortion. The judge also blocked state-mandated counseling that contained the disproven claim that abortion increases the risk of developing breast cancer. Those restrictions constitute a “thinly-veiled effort to stigmatize the procedure and instill fear in patients that are contemplating abortion,” the judge wrote. The temporary block will be in place until a June hearing on the constitutionality of those restrictions. (Read more.)

(AP version)

Judge: Kansas Can't Enforce New Law on Abortion Pills or Make Patients Wait 24 Hours

TOPEKA, Kan. (AP) — A Kansas judge has put a new state law on medication abortions on hold and blocked the state from enforcing older abortion restrictions. The order Monday from a district judge suspended laws that have spelled out what providers must tell patients and have forced patients to wait 24 hours to end their pregnancies. The ruling was another victory for abortion rights advocates in Kansas after a statewide vote in August 2022 confirmed protections for abortion access under the state constitution. The judge's order is set to remain in effect through the trial of a lawsuit filed by abortion providers, set for the end of June 2024.

District Judge K. Christopher Jayaram's order suspends some restrictions that have been in effect for years. The waiting period had been in place since 1997. "The Court has great respect for the deeply held beliefs on either side of this contentious issue," Jayaram wrote in his 92-page order. "Nevertheless, the State's capacity to legislate pursuant to its own moral scruples is necessarily curbed by the Kansas Constitution and its Bill of Rights."

The providers filed their case in Johnson County in the Kansas City area, home to two clinics that provide abortions.

"Each day these restrictions were in effect, we have been forced to turn away patients for reasons that are medically wrong and ethically unjustifiable," said Emily Wales, president and CEO of Planned Parenthood Great Plains, which operates three Kansas clinics providing abortion services.

The legal battle highlights the importance of state courts in attempts to preserve access a little more than a year after the U.S. Supreme Court's decision in Dobbs v. Jackson ended protections under the U.S. Constitution and allowed states to ban abortion. In August, a judge in Texas ruled that the state's ban was too restrictive, and the Utah Supreme Court heard arguments on whether it should lift a hold on a state law there banning most abortions.

"These kinds of informed consent laws reflect the long-standing will of the people of Kansas," Caleb Dalton, senior counsel for the conservative group Alliance Defending Freedom, which is helping the state defend its anti-abortion laws, said in a statement. "Kansans are right to want to protect maternal health and safety and the lives of the unborn, and we will continue defending their interests."

Kansas has been an outlier on abortion among states with Republican-controlled legislatures. The state Supreme Court declared in 2019 that the Kansas Constitution protects a right to bodily autonomy and therefore access to abortion as a "fundamental" right. GOP lawmakers proposed an amendment to the state constitution to declare that it doesn't grant a right to abortion — and in the August 2022 vote, that ballot initiative lost by a wide margin, upholding abortion rights.

Jayaram concluded that the restrictions now on hold violate a patient's right to bodily autonomy. The judge also ruled that they violate doctors' free speech rights by giving doctors "no discretion" to omit any of the material mandated by the state. "In addition, there is no credible evidence that the mandatory delays imposed by the Act for arbitrary periods of time are likely to, in fact, improve either the consent/decision-making process by pregnant patients or conduct by the medical profession," the judge wrote.

Republican lawmakers argued this year that "reasonable restrictions" are still fair game. A law that took effect July 1 required abortion providers to tell their patients that a medication abortion can be stopped using a regimen touted by anti-abortion groups. The state agreed not to enforce it until another ruling from Jayaram.

In an August hearing, Jayaram said his reading of medical literature showed that the regimen's effectiveness is not confirmed by any valid studies. Major medical groups consider the regimen ineffective and potentially unsafe.

Providers also attacked existing laws enacted by GOP lawmakers as a way to ensure patients are properly informed before undergoing an abortion. Patients not only must receive medical information 24 hours before the procedure, but that information must also be in writing and in a specific size and style of type. It must include statements drafted by abortion opponents about fetal development and purported abortion risks that major medical groups consider debunked, false or misleading.

In his ruling, Jayaram said that abortion providers had provided "credible evidence" that much of the information that doctors are required to provide is medically inaccurate and "inconsistent with generally accepted science" for embryonic and fetal development.

Attorneys for the providers have argued that the growing layers of restrictions created a biased counseling scheme designed to discourage abortion. Kansas doesn't ban most abortions until the 22nd week of pregnancy. The providers also said challenging older restrictions became more compelling as other states banned abortion and out-of-state residents flooded them with requests for appointments. Kansas saw a 57% increase in abortions in 2022, according to state health department data.

Alice Wang, staff attorney at the Center for Reproductive Rights, an abortion rights group representing providers, said in a statement that Jayaram's order removed "paternalistic barriers" to abortion access. "These restrictions are especially harmful now that Roe v. Wade was overturned, and Kansas clinics are overwhelmed with patients from neighboring states where abortion is banned," she added.

Abortion opponents argued repeatedly before the August 2022 vote that without a change in the state constitution, all existing abortion restrictions could be at risk. The state Supreme Court is reviewing a 2015 law banning the most common second-trimester procedure and a 2011 law imposing tougher health and safety requirements only for abortion providers. Neither has been enforced because of the litigation.

Attorneys for the state and the Alliance for Defending Freedom argue that in suing the state this year, providers are working against their patients' interest in having as much information as possible. Danielle Underwood, spokesperson for Kansans for Life, the state's most politically influential anti-abortion group, said Jayaram's decision left women seeking abortions more vulnerable. "This is a nightmare for women and a dream come true for the profit-driven abortion industry," she said in a statement.

(-Related-)

Report: Number of Abortions Increases After Dobbs Decision

UNDATED (Side Effects Public Media) - One year after the U.S. Supreme Court ended the constitutional right to abortion and sent the question back to the states, the number of legal abortions actually increased nationwide. That’s according to a new report by the Society of Family Planning called the WeCount report. It found that abortions increased in states where the procedure remains legal. Kansas saw about 5,000 more abortions after the Dobbs decision. More people traveled to Kansas to access abortions from neighboring states where the procedure is banned. The WeCount report tracked abortions across the country from July 2022 to June 2023. The report found almost 115,000 fewer legal abortions took place in states with near or total abortion bans. But that was met by an increase of legal abortions in states where the service remains legal. Researchers suggest this slight increase in numbers is due to more assistance for people seeking out of state abortions. They also suggest that new clinics opening up in states where abortion is legal and expanded access to telehealth services are behind the national increase. The report does not capture abortions that happen outside of the U.S. health care system -- where people may order pills online from overseas pharmacies.

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Kansas Governor Takes Medicaid Expansion Issue Straight to Voters

TOPEKA, Kan. (KPR/KNS) - Kansas Democratic Governor Laura Kelly is once again pushing for Medicaid expansion in the next legislative session. She's hoping next year’s election will be the key to passing her proposal. All 165 Kansas lawmakers are up for reelection next November. Kelly is aggressively touring the state this fall asking voters to pressure Republican leaders to allow a vote on expansion or face the consequences at the ballot box. “It’s very clear to me now that while there are a number of rank-and-file legislators who would like to support Medicaid expansion, they’re not being given that opportunity by their leadership," Kelly said. A recent survey shows that Kansans overwhelmingly approve of Medicaid expansion including more than half of Republicans. “Kansans want this, and I think that if we do not get it done this next legislative session it will be the number one issue going into the November 2024 elections," Kelly said. Medicaid expansion faces a tough challenge as Republican leaders have indicated they will once again block the legislation from moving forward. Opponents say expansion is too costly and maintain the health coverage plan shouldn’t be used to benefit able-bodied Kansans. (Read more.)

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Police Search for Man Who Tried to Rob One KCK Bank, then Robbed Another

KANSAS CITY, Kan. (KCTV) - A man in Kansas City, Kansas, tried to rob one bank Monday morning and then robbed another. The FBI says the man attempted to rob the Bank of America (in the 7800 block of State Avenue) late Monday morning. About 10 minutes later, the same suspect successfully robbed the Community First Bank (in the 600 block of Kansas Avenue). KCTV reports that the man threatened he had an explosive device and left a suspicious package at the second bank. The device was later determined to be non-hazardous. The suspect got away with an unknown amount of cash.

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UAW Reaches Deal with GM to End Strikes Against Detroit Automakers

DETROIT (AP) — The United Auto Workers union says it reached a tentative contract with General Motors, the last of the Detroit Three automakers to agree to a deal. Under the deal reached early Monday, workers at all three companies will return to the job pending votes on whether to ratify the contracts, which will take place over the next two weeks. The GM deal follows tentative agreements union negotiators reached with Ford on Wednesday and Jeep-maker Stellantis on Saturday. The union's targeted strikes against the companies began on September 15. The main provisions of the deals are largely the same at all three automakers, but there are small differences.

The deal UAW President Shawn Fain closed on his 55th birthday is modeled on the ones agreed to with crosstown rivals Ford and Jeep-maker Stellantis, and would give workers higher raises than they've received in years. If approved, it would also claw back some concessions the UAW agreed to almost two decades ago, when the automakers were in desperate financial shape. Analysts say Fain's combative stance with the companies paid off for the workers, winning them pay and cost-of-living raises that would top 30% by the time the contracts expire in April 2028. Workers would get an immediate 11% pay bump upon ratification.

But analysts say the deals run the risk of forcing the automakers to raise prices beyond those charged by competitors with nonunion factories. And they come at a time when the auto industry is trying to fund a costly and historic shift away from the internal combustion engine to electric vehicles. "The three tentative agreements show the UAW's power and the car companies' weakness," said Erik Gordon, a business and law professor at the University of Michigan. "The companies are trying to figure out how to transition to EVs without losing too many billions of dollars, and now face a huge bump in labor costs for the products that will finance the EV transition."

Fain, the first UAW president directly elected by members in the union's 88-year history, campaigned against the union establishment by telling workers the companies are the enemy and the UAW would be at war with them. He decried what he called corporate greed, outrageous CEO salaries and a system where the union acted as a business partner with the automakers. "We wholeheartedly believe that our strike squeezed every last dime out of General Motors," Fain said in a video Monday on X, formerly Twitter. Fain said the agreements are large enough for the UAW to use them to recruit new members at nonunion factories owned by Tesla, Toyota and others. "One of our biggest goals coming out of this historic contract victory is to organize like we've never organized before," Fain said Sunday night while announcing details of the contract with Ford. "When we return to the bargaining table in 2028, it won't be just with the Big Three."

The GM pact came after the UAW added another plant to the list of those on strike against the company, ramping up the pressure to bargain on the last Detroit holdout. About 4,000 workers at GM's Spring Hill, Tennessee, complex — the company's largest — walked out Saturday night, threatening production of four vehicles and parts that supply nine other factories as far afield as Mexico.

Seeking to bring the talks to an end and facing an estimated $200 million per week in losses, GM CEO Mary Barra went to the union's Detroit headquarters to finalize the deal. It came during a furious few days of agreements that still need to be ratified by 146,000 UAW members at all three companies. Ford agreed to a new contract last week and was followed by Stellantis on Saturday, which raised the pressure on GM to settle for essentially the same terms.

Union members could still vote down the deals, and there is some sentiment for holding out to get more. But the contracts seem likely to bring labor peace to the domestic auto industry.

Fain, though, didn't get everything he wanted. He started off seeking 40% raises and even asked for a 32-hour work week for 40 hours of pay. Mike Huerta, president of a striking UAW local in Lansing, Michigan, was hesitant to celebrate the deal before seeing more information, saying "the devil's in the details." "Our bargainers did their job. They're going to present us with something and then we get to tell them it was good enough or it wasn't," said Huerta. Huerta said Monday that it's been a tough few nights on the picket lines with dropping temperatures and rain. "We were ready to continue if we needed to," he said. "And if we do turn it down, we'll be ready to go back again."

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Kansas Cold Weather Rule Takes Effect November 1

TOPEKA, Kan. (KPR) - The Cold Weather Rule in Kansas begins on Wednesday (Nov. 1). It will remain in effect through March 31. The rule prevents utility companies from disconnecting a Kansas customer’s natural gas or electric service during periods of extreme cold over the winter months. Under the Cold Weather Rule, utility companies cannot disconnect a customer’s service when the local temperatures drop below 35 degrees within 48 hours. The rule also requires utility companies to offer a 12-month payment plan to allow consumers to maintain or re-establish service. Any residential customer with a past due balance will qualify for payment arrangements. It's the customer’s responsibility to contact the gas or electric company to make those arrangements. The Cold Weather Rule, implemented by the Kansas Corporation Commission (KCC) in 1983, applies only to residential customers of electric and natural gas utility companies. More information about the Cold Weather Rule is available on the KCC's website.

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Despite Drought, Pumpkin Crop Doing Alright

UNDATED (HPM) - Despite drought conditions in parts of the country, pumpkin farmers have been bringing in their harvest just in time for Halloween. Among the top pumpkin-producing states, drought conditions were most severe in Texas, where they reduced yields, according to Texas A&M’s extension service. In Michigan, drought conditions were brief and mild. But farmer Mike Houghtaling said his pumpkin crop was still smaller than usual. “We had a drought in May and June, and a flood in July and August," he said. "It’s probably the worst conditions you can have.” Illinois, the nation’s top pumpkin producer, also saw drought conditions. But University of Illinois crop sciences professor Mohammad Babadoost says the big Libby’s pumpkin cannery in central Illinois was reporting above-average yields.

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Chiefs and Patriots Compete for Fans in Germany Ahead of Games in Frankfurt

UNDATED (AP) - The Patriots have the history. The Chiefs have the juice. New England is bringing its six Super Bowl trophies. How about a yacht? Kansas City has that, not to mention the star quarterback and tight end. They're all headed to Frankfurt to take part in two weeks of American football because beyond the games, there are German fans to win over. A lot of them. "Most Germans don't have a team yet," said Alexander Steinforth, the NFL's general manager for Germany. The fandom is in the millions — a barely tapped gold mine for teams and a league which have mostly maxed out domestically. The league says it has 18 million casual fans — that would be roughly one in five residents of Germany — and 3.6 million "avid" ones. "We are reaching that state of maturity where you see fans are actively seeking out teams and are looking for teams that they can follow," Steinforth said. "That's why the market is so exciting for franchises to be active in because right now they have a massive opportunity to pick up fans."

The Chiefs go first — they'll play the Miami Dolphins on Sunday. A week later, the Patriots face the Indianapolis Colts. Both games are at Deutsche Bank Park.

The Chiefs and Patriots both have commercial rights in Germany under the league's global markets program, as do the Tampa Bay Buccaneers, Carolina Panthers and Atlanta Falcons. It means they can sign corporate sponsorship deals, hold events to attract fans and sell merchandise like they do in their home markets.

For Kansas City, life is good. They're the defending Super Bowl champion. Quarterback Patrick Mahomes is the reigning MVP. Travis Kelce is having another big season. Oh yeah, the tight end also appears to be in a relationship with global megastar Taylor Swift, which only adds to the buzz. "It's perfect timing for us as a franchise and we're going to be very aggressive in taking full advantage of that," Chiefs President Mark Donovan said of the team's overall momentum. The Chiefs have spent $1 million in preparation and fan events for Frankfurt, Donovan said.

The team is docking a Chiefs-themed yacht in the Main River for fans to board and get a selfie with the Lombardi trophy from their 38-35 win over the Philadelphia Eagles in the Super Bowl.

Both the Chiefs and Patriots wanted last year's first-ever regular-season game in Munich, but that went to the Bucs and Tom Brady, in part because NFC teams had the extra home game. The Bucs beat the Seattle Seahawks 21-16 at Allianz Arena in what Steinforth said was the NFL's "most-successful international game" in terms of viewership and merchandise sales. He added that German viewership this season on free-to-air broadcaster RTL is up "9 to 10%" from a year ago. Though five teams are in the market, the Chiefs and Patriots "have been the most aggressive and probably have the most foothold," Donovan said. New England has some advantages, he added, "because they've been there longer and they have some German players and German radio and things like that. "We definitely want to be No. 1 in Germany" and elsewhere, he said.

New England saw a surge of interest after selecting German offensive lineman Sebastian Vollmer in 2009. They began pushing German content into the country. The Super Bowl titles kept coming, all coinciding with NFL games airing weekly on free TV network ProSieben. The league switched to the bigger RTL starting this season. "I would say we are the No. 1 (team) or we have been for many, many years, but obviously we're running up against the Kansas City Chiefs, who are doing really well right now and their popularity is soaring," said Joe Dorant, the team's senior director of business development for the region. All six of New England's Lombardi trophies will be on display for fans and photos at "Patriots Haus" downtown, and alumni will be greeting the locals.

But competing with Taylor Swift? "I don't think we can," Dorant said. "The only thing we can do is show the German people what the Patriot way is. We've been successful for many, many years — for a 20-year span. No other team can say that." Kansas City already had the fastest-growing Instagram and TikTok engagement in Germany among NFL teams and that was "pre-Taylor," Donovan said. Among the five teams in the market, the Chiefs have the most Instagram followers on their German account, but the Panthers have the edge on TikTok. "I don't know at this point if she's going to Germany or not," Donovan said. Kelce is sure to face questions about Swift from the locals. Brady was grilled about his personal life following his divorce from Gisele Bündchen. A TV producer also presented Brady with Bavarian lederhosen. Who knows what awaits Kelce.

THE OTHER FOOTBALL
Teams have hired German agencies and advisers to facilitate deals — the Chiefs' sponsorship agreements include fast food and pet food — but they didn't need help figuring out they can gain visibility through Germany's top sport: soccer. Bundesliga champion Bayern Munich has more than 40 million Instagram followers. The Patriots are tops in the NFL with 5 million. The Chiefs' German account is just under 46,000. The Panthers partnered with Eintracht Frankfurt, the Bundesliga club that plays in Deutsche Bank Park. New England hosted the German national soccer team in Foxborough. The Chiefs have linked up with Bayern through the Hunt family-owned FC Dallas.

RUN IT BACK?
The Panthers and Falcons would figure to be next in line. Germany is slated to host one game next year — the NFL confirmed on Monday it will be in Munich — and one in 2025. The Patriots hope to play in Germany as often as possible. "We would have no issue with playing a game next year and the year after — however many games that they ask us to play," Dorant said. The Chiefs and Patriots are the designated "home" teams in Frankfurt. The Chiefs are such a big draw that other teams don't want to give up a visit from them. "We'd like to be more aggressive in being in the international markets more often," Donovan said. "Right now, we'd only do it as an away team ideally, or during those years when we have the extra home game." It's widely expected the NFL will extend its deal in Germany. The league opened an office in Dusseldorf with a capacity for 25 employees. "That's the idea, to grow into it," Steinforth said.

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Kansas City's Andy Reid Again Lands in Lead Spot in AP's NFL Top 5 Head Coach Rankings

UNDATED (AP) - Andy Reid again was a near-unanimous choice by The Associated Press for the top spot among NFL head coaches, receiving eight of nine first-place votes. A panel of nine AP Pro Football Writers ranked the top five head coaches, making their selections based on current status through Week 8. First-place votes were worth 10 points. Second through fifth-place votes were worth 5, 3, 2 and 1 points. Reid also received eight of nine first-place votes in the preseason poll. Six-time Super Bowl champion Bill Belichick again got the other first-place vote. Doug Pederson, Kyle Shanahan, Mike Tomlin and Nick Sirianni each got second-place votes. In short, Andy Reid just keeps winning. A total of 12 coaches received at least one vote, including Pete Carroll, Sean McVay, Dan Campbell, Sean McDermott and Mike McDaniel.

1. ANDY REID, Kansas City Chiefs
After winning more games than any coach in the history of the Philadelphia Eagles, Reid is well on his way to leading the Chiefs (6-2) to a winning record for an 11th straight season. The Chiefs have hosted the AFC title game the last five seasons and won two Super Bowls in three tries.

2. KYLE SHANAHAN, San Francisco 49ers
Shanahan is one of two coaches in the top five who haven't won a Super Bowl. The 49ers (5-3) have lost three straight games after a 5-0 start to fall to second place behind Seattle in the NFC West. Shanahan guided the 49ers to the NFC championship game last season with third-string QB Brock Purdy and led them to one Super Bowl appearance and two NFC championship games with Jimmy Garoppolo. Shanahan takes the No. 2 spot that went to Belichick in the preseason poll.

3. NICK SIRIANNI, Philadelphia Eagles
Despite having the most second-place votes with three, Sirianni finished third because he wasn't named on three ballots. Sirianni is 30-12 in the regular season, including a 7-1 record this season. The Eagles haven't had a Super Bowl hangover after losing to the Chiefs. They've got the best record in the NFL and have been the most consistent team even though they haven't played their best.

4. JOHN HARBAUGH, Baltimore Ravens
Harbaugh flip-flops with Tomlin, moving up one spot from the preseason poll. His Ravens (6-2) lead the competitive AFC North despite numerous injuries. Harbaugh, who has one Super Bowl ring, is on his way to his 14th winning season in 16 years with the Ravens.

5. MIKE TOMLIN, Pittsburgh Steelers
Tomlin's Steelers are 4-3 with an opportunity to play two more at home after a home loss to the Jaguars. He's never had a losing season in 16 years in Pittsburgh and it'll be a challenge to keep that streak going. Tomlin received two second-place votes and was named on five ballots. He has won a Super Bowl in two appearances.

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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.