(Radio Iowa) - Thirty Iowa cities have entered a state contest to win a large-scale public mural for their community. 

The design and painting will be done by Iowa Thomas Agran who has been commissioned by non-profits, cities and corporations to do over 50 murals in the past decade. 

Each city competing for a mural submitted a one-minute video to showcase the attributes of their town. Online voting to determine the three finalists ends tomorrow (Tuesday) at 5 p.m.

(Radio Iowa) - Thirty Iowa cities have entered a state contest to win a large-scale public mural for their community. The design and painting will be done by Iowa Thomas Agran who has been commissioned by non-profits, cities and corporations to do over 50 murals in the past decade. Each city competing for a mural submitted a one-minute video to showcase the attributes of their town. Online voting to determine the three finalists ends tomorrow (Tuesday) at 5 p.m.

30 Iowa cities vie for a large-scale mural installation

(Radio Iowa) - The South Korean author who won the 2024 Nobel Prize for Literature spent time in Iowa in 1998. 

Han Kang was a writer in residence at the International Writing Program at the University of Iowa. Christopher Merrill (MAIR-ull), program's director, says Kang started out as a poet and her novels show she has a musical understanding of what a sentence can do for a story. 

Six of Kang's novels have been translated into English. Kang is the third alum of the University of Iowa's International Writing Program to win the Nobel Prize in Literature.

(Radio Iowa) - The South Korean author who won the 2024 Nobel Prize for Literature spent time in Iowa in 1998. Han Kang was a writer in residence at the International Writing Program at the University of Iowa. Christopher Merrill (MAIR-ull), program's director, says Kang started out as a poet and her novels show she has a musical understanding of what a sentence can do for a story. Six of Kang's novels have been translated into English. Kang is the third alum of the University of Iowa's International Writing Program to win the Nobel Prize in Literature.

Alum of University of Iowa program wins Nobel Prize

Lawyer questions company’s claim of a bird flu outbreak

BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;

A group of Midwest egg suppliers are embroiled in litigation over egg prices, with an Iowa company arguing it shouldn’t be forced to disclose its pricing information.

A central element of the case is whether a fabricated claim of a bird flu outbreak is to blame for one supplier raising its egg prices and canceling orders.

Grand Prairie Foods of South Dakota, which supplies hotels and convenience stores with breakfast sandwiches, is suing Echo Lake Foods, a Wisconsin company that manufactures precooked egg entrees, for breach of contract and unjust enrichment.

At the same time, a third company, Oskaloosa Food Products in Iowa, is attempting to quash a subpoena for company records related to its pricing.

Court records indicate Grand Prairie has purchased egg patties and other products from Echo Lake since at least 2005. In early 2022, Echo Lake’s supplier of raw eggs experienced an outbreak of avian influenza, commonly known as the bird flu, resulting in the destruction of more than 6 million laying hens.

Echo Lake then notified its customers, including Grand Prairie, that existing purchase orders for egg patties and other egg products would have to be revised to reflect increased pricing.

According to Grand Prairie’s lawsuit, Echo Lake Foods then doubled the price of its egg patties, and while the nationwide market price of eggs eventually decreased, Echo Lake allegedly refused to reduce the price of its egg patties.

Court exhibits show that on July 12, 2022, Grand Prairie’s president, Kurt Loudenback, e-mailed Echo Lake’s director of national sales, Justin Milbradt, writing, “Justin – I don’t understand why we continue to see these high prices,” noting that Grand Prairie could purchase eggs from other suppliers at a significantly lower price. “I’m sure you buy WAY more eggs than we do,” Loudenback added.

The next day, Loudenback emailed Echo Lake again, proposing that his company sell tankers of whole eggs to Echo Lake for $1.28 per pound — significantly less than the $3.60 per pound Echo Lake was charging Grand Prairie for its finished egg products.

“Just trying to get your eggs at (a) lower price to lower my cost,” Loudenback explained in his email. “$3.60 seems pretty high for a $1.28 input cost.”

The two companies eventually agreed on an arrangement whereby Grand Prairie would sell two truckloads of raw eggs each week to Echo Lake. Court records show Echo Lake agreed to pay a “premium price,” $1.70 per pound, for the raw eggs from Grand Prairie. In return, the records show, Echo Lake would sell the finished, processed eggs back to Grand Prairie for $3.60 per pound — the same price Grand Prairie had previously objected to as being out of line with market prices.

Within a few months, however, Grand Prairie told Echo Lake that an avian flu outbreak had affected its egg supplier, Oskaloosa Food Products, and so Grand Prairie would have to raise its prices. A few weeks later, Grand Prairie said it was unable to find a new supplier and wouldn’t be able to fulfill Echo Lake’s orders.

Echo Lake then began acquiring eggs elsewhere — but at a higher price. In court documents, Echo Lake says Grand Prairie’s failure to deliver eggs at the promised price cost Echo Lake more than $1.1 million.

Court exhibits show that in an effort to offset the added expense, Echo Lake withheld payments to Grand Prairie totaling $567,460. Grand Prairie then sued Echo Lake to recover the $567,460 it was owed, alleging breach of contract and unjust enrichment.

Echo Lake countersued, claiming Grand Prairie had breached the contract.

Recently filed court records show that attorneys for Echo Lake are questioning Grand Prairie’s stated rationale for its price hike and the eventual cancellation of orders — an avian flu outbreak that affected the Oskaloosa plant.

In July, an Echo Lake attorney wrote to a lawyer for Oskaloosa Food Products, stating that while “Grand Prairie claims it had no choice other than to cancel the remaining purchase orders because of an outbreak of avian influenza among its suppliers, including Oskaloosa,” an independent investigation had concluded Oskaloosa reported no such outbreak at that time, despite legal requirements for such reporting.

In addition, the lawyer wrote, the chief operating officer of the Oskaloosa plant had confirmed for Echo Lake that “Oskaloosa did not experience the Al outbreak described by Grand Prairie.”

In late May, Echo Lake subpoenaed Oskaloosa Food Products to obtain access to the contract between Grand Prairie and the Oskaloosa company.

Oskaloosa has since filed a motion to quash that subpoena, arguing the agreement includes trade secrets. Echo Lake has responded in court by arguing that the price of eggs is not a trade secret.

That issue is now before a judge in the U.S. District Court for Southern Iowa, while the underlying lawsuit between Grand Prairie and Echo Lake continues to move forward in South Dakota federal court.

Iowa Capital Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/11/egg-suppliers-battle-over-pricing-claims-of-bird-flu-outbreak/" target="_blank">produced this story</a>.

<h2>Lawyer questions company’s claim of a bird flu outbreak</h2>BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;A group of Midwest egg suppliers are embroiled in litigation over egg prices, with an Iowa company arguing it shouldn’t be forced to disclose its pricing information.A central element of the case is whether a fabricated claim of a bird flu outbreak is to blame for one supplier raising its egg prices and canceling orders.Grand Prairie Foods of South Dakota, which supplies hotels and convenience stores with breakfast sandwiches, is suing Echo Lake Foods, a Wisconsin company that manufactures precooked egg entrees, for breach of contract and unjust enrichment.At the same time, a third company, Oskaloosa Food Products in Iowa, is attempting to quash a subpoena for company records related to its pricing.Court records indicate Grand Prairie has purchased egg patties and other products from Echo Lake since at least 2005. In early 2022, Echo Lake’s supplier of raw eggs experienced an outbreak of avian influenza, commonly known as the bird flu, resulting in the destruction of more than 6 million laying hens.Echo Lake then notified its customers, including Grand Prairie, that existing purchase orders for egg patties and other egg products would have to be revised to reflect increased pricing.According to Grand Prairie’s lawsuit, Echo Lake Foods then doubled the price of its egg patties, and while the nationwide market price of eggs eventually decreased, Echo Lake allegedly refused to reduce the price of its egg patties.Court exhibits show that on July 12, 2022, Grand Prairie’s president, Kurt Loudenback, e-mailed Echo Lake’s director of national sales, Justin Milbradt, writing, “Justin – I don’t understand why we continue to see these high prices,” noting that Grand Prairie could purchase eggs from other suppliers at a significantly lower price. “I’m sure you buy WAY more eggs than we do,” Loudenback added.The next day, Loudenback emailed Echo Lake again, proposing that his company sell tankers of whole eggs to Echo Lake for $1.28 per pound — significantly less than the $3.60 per pound Echo Lake was charging Grand Prairie for its finished egg products.“Just trying to get your eggs at (a) lower price to lower my cost,” Loudenback explained in his email. “$3.60 seems pretty high for a $1.28 input cost.”The two companies eventually agreed on an arrangement whereby Grand Prairie would sell two truckloads of raw eggs each week to Echo Lake. Court records show Echo Lake agreed to pay a “premium price,” $1.70 per pound, for the raw eggs from Grand Prairie. In return, the records show, Echo Lake would sell the finished, processed eggs back to Grand Prairie for $3.60 per pound — the same price Grand Prairie had previously objected to as being out of line with market prices.Within a few months, however, Grand Prairie told Echo Lake that an avian flu outbreak had affected its egg supplier, Oskaloosa Food Products, and so Grand Prairie would have to raise its prices. A few weeks later, Grand Prairie said it was unable to find a new supplier and wouldn’t be able to fulfill Echo Lake’s orders.Echo Lake then began acquiring eggs elsewhere — but at a higher price. In court documents, Echo Lake says Grand Prairie’s failure to deliver eggs at the promised price cost Echo Lake more than $1.1 million.Court exhibits show that in an effort to offset the added expense, Echo Lake withheld payments to Grand Prairie totaling $567,460. Grand Prairie then sued Echo Lake to recover the $567,460 it was owed, alleging breach of contract and unjust enrichment.Echo Lake countersued, claiming Grand Prairie had breached the contract.<h2>Was company’s bird-flu claim false?</h2>Recently filed court records show that attorneys for Echo Lake are questioning Grand Prairie’s stated rationale for its price hike and the eventual cancellation of orders — an avian flu outbreak that affected the Oskaloosa plant.In July, an Echo Lake attorney wrote to a lawyer for Oskaloosa Food Products, stating that while “Grand Prairie claims it had no choice other than to cancel the remaining purchase orders because of an outbreak of avian influenza among its suppliers, including Oskaloosa,” an independent investigation had concluded Oskaloosa reported no such outbreak at that time, despite legal requirements for such reporting.In addition, the lawyer wrote, the chief operating officer of the Oskaloosa plant had confirmed for Echo Lake that “Oskaloosa did not experience the Al outbreak described by Grand Prairie.”In late May, Echo Lake subpoenaed Oskaloosa Food Products to obtain access to the contract between Grand Prairie and the Oskaloosa company.Oskaloosa has since filed a motion to quash that subpoena, arguing the agreement includes trade secrets. Echo Lake has responded in court by arguing that the price of eggs is not a trade secret.That issue is now before a judge in the U.S. District Court for Southern Iowa, while the underlying lawsuit between Grand Prairie and Echo Lake continues to move forward in South Dakota federal court.Iowa Capital Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/11/egg-suppliers-battle-over-pricing-claims-of-bird-flu-outbreak/" target="_blank">produced this story</a>.

 Egg suppliers battle over pricing, claims of bird flu outbreak

Backers of legalized sports wagering say the money will boost public education. Its detractors argue there is no evidence Missouri schools will see much benefit at all

BY:&nbsp;&nbsp;<a href="https://missouriindependent.com/author/rudi-keller/">RUDI KELLER</a> <a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>

It’s time to bet the over-under on how much will be spent this year on gambling ballot measures in Missouri.

A good mark might be $60 million. Online bookies poured $32 million so far into the Amendment 2 campaign to&nbsp;<a href="https://www.sos.mo.gov/CMSImages/Elections/Petitions/2024-160.pdf" target="_blank">legalize sports betting</a>, and a casino company grumpy about the deal countered with $14 million to defeat it.

The campaign for Amendment 5, to authorize a&nbsp;<a href="https://www.sos.mo.gov/CMSImages/Elections/Petitions/2024-165.pdf" target="_blank">new casino at the Lake of the Ozarks</a>, adds $9.4 million — bringing the total to more than $55 million.&nbsp;

Winning for Missouri Education, the Amendment 2 campaign funded by DraftKings and FanDuel, has already set a record for the most money donated to a ballot measure campaign. The previous record was $31 million raised by supporters of a 2006 proposal to protect stem cell research.&nbsp;

The initiative campaign began with&nbsp;<a href="https://missouriindependent.com/2024/01/12/st-louis-cardinals-lead-missouris-major-teams-to-launch-initiative-on-sports-betting/">vocal support from major professional sports teams</a>&nbsp;but none have contributed any cash for the effort.

“It is a large state, with a lot of TV markets, so it certainly takes resources to get your message out,” said Jack Cardetti, spokesman for the campaign. “But the most important thing is that you have a good message and a good initiative for voters.”

Caesars Entertainment is the casino company that dislikes the proposal enough to spend big against it. Caesars employs 2,000 people in Missouri and has a branded online sports betting platform that competes with FanDuel and DraftKings.&nbsp;

The proposal will mainly benefit the online platforms that have no significant presence in the state, said Brooke Foster, spokeswoman for Missourians Against the Deceptive Online Gambling Amendment.

“Obviously they’re not opposed to sports betting,” she said of Caesars’ opposition to Amendment 2. “If it were written in a way that would actually benefit Missouri and Missourians in a more substantial way, it would be different.”

The Amendment 5 campaign cost is being split between Bally’s Corp., which hopes to get the new license, and developer RIS Inc., which holds the land to build it.

“For us, without any organized opposition that we’re aware of, it’s simply a matter of educating the voters about what our amendment does,” said Ed Rhode, a consultant working with the YesOn5 committee. “And what we’re seeing is the more educated they become about this issue, the more likely they are to support it.”

Whether the broadcast spending on the gambling measure exceeds spending by statewide candidates would be an interesting side bet. So far, candidates for statewide office have spent $13.1 million on broadcast time, as tracked by The Independent, while the gambling campaigns have spent $13.7 million.

All three major efforts focus their messages on one issue – education funding.&nbsp;

Winning for Missouri Education promises that sports wagering will net more than $100 million for education programs over the first five years.&nbsp;

“Legalizing sports betting will generate tens of millions of dollars every year for our classrooms, helping increase teacher pay,”&nbsp;<a href="https://www.youtube.com/watch?v=S1qEJMgz6_M" target="_blank">one ad states</a>.

The Caesars-funded opposition challenges the sincerity of that promise, arguing write-offs and other carve-outs mean the result will be insignificant.&nbsp;

It is “Lottery 2.0,”&nbsp;<a href="https://www.youtube.com/watch?v=Y_rRSzOpx-E" target="_blank">one ad states</a>.

“Teachers were told the lottery would raise a lot of money for schools, but that didn’t happen,” the ad begins.

The casino at the Lake of the Ozarks is also selling educational benefits and does so by including language directing all the tax money to early childhood literacy programs in public schools.

The $14.3 million estimate for revenue is “53% more funding for childhood literacy across Missouri, without raising taxes,” the&nbsp;<a href="https://vimeo.com/1017621286" target="_blank">campaign’s ad states</a>.

As the election nears, Winning for Missouri Education is adding a new message — sports betting is already occurring and Missouri isn’t getting any benefit. Hundreds of thousands of Missourians&nbsp;<a href="https://missouriindependent.com/2023/02/08/lawmakers-renew-push-to-legalize-sports-wagering-in-missouri/">already have accounts</a>&nbsp;with online platforms. All it takes to place a legal bet is cross into a state where it is legal — a list that&nbsp;<a href="https://www.actionnetwork.com/news/legal-sports-betting-united-states-projections" target="_blank">includes every state bordering Missouri</a>&nbsp;except Oklahoma.&nbsp;

“Let’s fund education is the more effective argument,” said Terry Smith, a political science professor at Columbia College.“The argument that is less explicitly made, but I’ve heard from a lot of people, is that people are going to gamble on sports, and right now Kansas and states that we border are making all the money. Why shouldn’t we get our share?”

If voters legalize sports betting, the Missouri Gaming Commission could issue up to 14 licenses for online wagers. Six would go to the major sports teams, six would go to the casino operators and two would be reserved for online bookmakers.

Each of the 13 casinos and each of the sports teams could also operate an in-person, retail sports betting operation on their properties.

The push to legalize sports wagering in Missouri began after the U.S. Supreme Court&nbsp;<a href="https://www.scotusblog.com/2018/05/opinion-analysis-justices-strike-down-federal-sports-gambling-law/" target="_blank">struck down the federal law</a>&nbsp;against wagering on sporting events in 2018. More than 35 states have legalized some form of the gambling since the court decision.

In the bill that was the closest lawmakers ever got to a<a href="https://documents.house.mo.gov/billtracking/bills231/hlrbillspdf/1472H.03P.pdf" target="_blank">&nbsp;resolution of the issue</a>, there were no licenses for independent online bookmakers like DraftKings or FanDuel. Instead, the online platforms would have had to provide products branded to a sports team or casino.

The online platforms generate the cash. An&nbsp;<a href="https://yeson2mo.com/wp-content/uploads/2024/09/EK-WME-MOForecastingReport-Aug24-V1.4.pdf" target="_blank">economic study</a>&nbsp;produced for Winning for Missouri Education estimates that $21.8 billion will be wagered during the first five years after legalization and more than 98% of the bets will be placed online.

That same study pegs the net to the state over that period at $134 million. Revenue in the fifth year is estimated at $38.7 million, about $10 million more than the maximum annual revenue projected by the fiscal note for the ballot measure.

Questioning the quality of those revenue estimates is a major thrust of the opposition campaign. The proposal before voters sets the tax at 10% of the net revenue — the money lost on wagers that don’t pay out.

But before the tax is applied, the operators would be able to deduct promotional giveaways — the inducements such as free bets to join a platform — as well as applicable federal taxes. Before any money gets to education programs, the initiative sets aside $5 million annually to support help for problem gamblers.

The figures presented in the economic study result in an effective tax rate of 1.4% of actual losses in the first year and 6.9% in the fifth year. As Missouri nets $134 million, those figures show the gambling operators would keep $86 million in tax savings due to write-offs.

“We want the state to be getting lots of revenue off this,” Cardetti said. “But to get people over from the illicit sports betting market or from going over to other states, those promotional credits in the early days are important, but they end up netting the state more revenue in the long run.”

Kansas, which legalized sports betting in September 2022, has received $19.4 million in tax revenue on $4.4 billion wagered, according to&nbsp;<a href="https://www.kslottery.com/publications/sports-monthly-detail/" target="_blank">data from the Kansas Lottery</a>.

The promotional credits would be capped at 25% of the amount wagered, Cardetti noted, a limit that is not in place in Kansas.

The ads that emphasize Missouri could receive no net revenue from sports wagering is based on the fiscal note estimate, Foster said. The range listed there is zero to $28.9 million annually.

“It’s basically taxpayers subsidizing their marketing,” she said. “Because that’s a marketing tool for them to give you $1,000 to match what’s in your account. But then they are, on paper, in the red.”

Caesars opposes the amendment in part because it does not allow the company to offer online platforms branded to its Missouri properties — Harrah’s Kansas City, Isle of Capri in Boonville and Horseshoe St. Louis at Lumiere Place.

“If we’re going to expand, it needs to be a little more equitable, as far as what the companies actually get,” she said. “But also, they have a concern that’s secondary, which is that there may be some fall off on the business that they’re able to do.”

The opposition campaign is just one company whining they don’t get a big enough slice, Cardetti said.

“The opponents of Amendment 2 are flawed, hugely flawed messengers,” Cardetti said. “Most Missourians can see right through a ‘No’ campaign when they realize that it’s almost entirely funded by one of the largest casino companies in the world.”

If Amendment 5 passes, it would authorize the MIssouri Gaming Commission to issue one new casino license at a location on the Osage River between Bagnell Dam and its confluence with the Missouri River.

The original law authorizing casino gambling, passed in 1992, limited it to locations on the Mississippi and Missouri rivers. An initiative backed by casino operators passed in 2008 to cap the number of licenses at 13, equal to the casinos then existing or licensed for construction.

There’s no guarantee that Bally’s would receive the license or that the location owned by RIS will be awarded the license. But with local backing and everything ready for an application once the measure passes, it has a big head start.

The investment won’t just be a casino, Rhode said. It will be a destination facility at a normally seasonal tourism location, bringing people at otherwise slack times.

“Having a multifaceted tourism attraction at the lake, which includes a casino, a spa, hotel, convention center and other benefits, is going to be a year round economic boon to that region,” he said. “We’re talking $400 million in investment and 500 permanent jobs.”

One casino is almost certain to be built near the lake. The Osage Nation&nbsp;<a href="https://missouriindependent.com/2021/10/29/osage-nation-plans-casino-hotel-for-missouris-lake-of-the-ozarks/">launched a project in 2021</a>&nbsp;to have a property in Miller County taken into trust as ancestral lands where it could operate a casino and convention center.

Despite the direct challenge from Amendment 5, the tribal government has not tried to stop it.

The fiscal note for Amendment 5 estimates that it would add about $14.3 million to the state treasury each year. Each casino’s net winnings are taxed at 21% and there are no deductions for promotions such as free bets.

The Mark Twain casino in Hannibal has the smallest annual revenue and paid $7 million in fiscal 2024. The Ameristar casino in St. Charles had the largest revenue and paid $58 million.

“This is not us making up a number,” Rhode said. “This is the state auditor assigning this number so that number is what it is. We feel confident in sharing that number.”

Forty years ago, Missouri also had two gambling proposals on the November ballot.

One established a state lottery, the other authorized parimutuel wagering on horse races. The lottery was passed by lawmakers to follow a move by 10 other states in the early 1980s to authorize lotteries.

The need for new money in education programs was a major selling point for the lottery, Smith said. The nation was coming out of a major recession that had sapped revenues and there was little appetite for raising taxes.

But the bill creating the lottery didn’t earmark the money. Instead, it went into the general revenue fund, where it was only a small portion of the whole. The general revenue fund pays for public schools, higher education, state prisons, Medicaid and a host of other programs.

“If all of a sudden there was an increase in the amount of revenue that was dumped into the K-12 budget and there was no change in the rest of the budget, that’s one thing,” Smith said. “But that history tells us that’s not how it’s going to work.”

The foundation formula is the name of the main state aid program for local schools. When the lottery sold its first ticket, in fiscal 1986, the foundation formula appropriation was $823 million. The following fiscal year, when the lottery contributed $80 million to general revenue, the general revenue transfer to the school fund increased by $73 million.

Throughout the late 1980s, as national figures showed Missouri near the bottom in per-pupil spending and teacher pay, complaints grew that the lottery had not produced the promised results for education.

That led to a 1992 ballot measure earmarking all lottery revenue for education programs. In the first fiscal year that was in effect, the earmarked funds were used for programs supporting minimum teacher salaries and the Career Ladder stipends.

The following year, in fiscal 1995, the foundation formula received its first appropriation of earmarked lottery funds, $33 million. That was about 25% of all lottery revenue that year. The foundation formula appropriation total was $1.4 billion.&nbsp;&nbsp;

Today all net revenue from bingo, the lottery and casinos is earmarked for education. In the current year’s budget, the lottery is providing $329 million and casino taxes are tapped for $457 million for the $4 billion foundation formula.

Any revenue from Amendment 2 will be an insignificant addition and have no impact on teacher pay, Foster said.

“If you want sports gambling, say that, but don’t put out television ads that have teachers saying teachers are going to get raises,” she said. “We did the math, and even if it was that top $28.9 million, there’s around 900,000 public school kids in Missouri, so that’s 30 bucks a kid.”

Under existing provisions of the constitution, any new revenue from either gambling measure must be used for education programs. The sports wagering amendment does not define which programs the money will support while the Osage River casino proposal adds the earmarking to literacy programs.

The new revenue from sports wagering will make a difference, Cardetti said.

“Not a penny of benefit is going to Missouri, despite the fact that we know thousands of Missourians are already making bets,” he said. “This is the way that we can bring these revenues back to the state of Missouri and regulate something that Missourians are already doing today.”

The good news from history for the promoters of Amendment 2 and Amendment 5 is that Missourians have rarely met a gambling proposal they didn’t like.&nbsp;

Since 1980, 10 gambling questions have appeared on the ballot and only two — to allow betting on simulcast horse races and authorize a casino at Rockaway Beach on Lake Taneycomo — have been defeated.

In the August&nbsp;<a href="https://missouriindependent.com/2024/08/29/poll-shows-missouri-voters-back-trump-hawley-abortion-rights-and-minimum-wage-hike/">St. Louis University/YouGov pol</a>l, 50% of voters surveyed said they supported sports wagering after reading the Amendment 2 ballot language while 30% were opposed. The poll did not ask about Amendment 5.

None of the past gambling campaigns had the kind of well-funded opposition that Amendment 2 has drawn. The ads from both sides are filling broadcast airwaves, streaming services and platforms such as YouTube and Facebook.

“We’re using very similar messages that we do on TV and on radio, but now people’s viewing habits are so different and diverse that you’ve got to go meet people where they are,” Cardetti said.

The anti campaign is having an impact, Foster said.&nbsp;

“It’s definitely tightened,” she said. “It’s margin of error type close, so we’re really pleased to see that.”

The opposition ads clearly state the target is Amendment 2 but the message of skepticism about gambling revenue going to education is having a spillover effect on Amendment 5.

“I bet that they don’t like us or our messaging,” she said.

The opposition to Amendment 2 is making backers of Amendment 5 work harder, Rhode said.

“We’re definitely seeing a little bit of confusion among the voters,” he said. “But the more that we are out there educating voters, you know, sort of what this amendment does, we find the support coming our way.”

The message that the six major professional sports teams back Amendment 2, and that it will keep revenue at home, is just being rolled out to supplement the education message.&nbsp;

“It makes absolutely zero sense that we have a public policy in the state of Missouri that actively pushes people to go spend money in other states,” Cardetti said.

The opposition campaign would have a tougher sell if that was the message to promote sports wagering from the beginning, Foster said.

“That would be much stronger,” she said. “But the argument ‘let’s make gambling more accessible” is going to hit a lot more roadblocks than ‘let’s give this free money to kids.’”

There are downsides to sports wagering that have not been part of the debate. Earlier this month, The Guardian reported on&nbsp;<a href="https://www.theguardian.com/us-news/2024/oct/02/college-athletes-abuse-online-gambling-betting" target="_blank">threats and abuse targeting college athletes</a>&nbsp;who don’t achieve the individual statistics that are fodder for wagers.

And Smith said he’s not entirely comfortable with the bet-from-anywhere nature of sports wagering.

“I’ve observed a lot of young people who are addicted to their phones,” Smith said. “And you know, this is one more piece of candy for them that they might not be able to resist.”

Record spending fuels Missouri campaigns to legalize sports gambling, new casino

By REBECCA RIVAS &nbsp;<a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>

Of the 24 dispensary licenses selected through the lottery in June, The Independent has identified 14 that are likely connected to groups the state cracked down on previously

David Huckins, a disabled veteran from Leavenworth, Kan., threw his name into the lottery this spring for a chance to win a social-equity marijuana dispensary license in Missouri.

In June, he learned he landed one of 57 microbusiness licenses meant to benefit disadvantaged business owners – including disabled veterans, those with lower incomes and people with non-violent marijuana offenses.&nbsp;

The microbusiness program was part of the&nbsp;<a href="https://revisor.mo.gov/main/OneSection.aspx?section=XIV%20%20%202&amp;constit=y" target="_blank">constitutional amendment</a>&nbsp;to legalize recreational marijuana that voters passed in 2022.&nbsp;

Huckins was among one of the 24 dispensary licenses and 33 wholesale licenses for cultivation facilities handed out as part of a second lottery held in June —&nbsp; out of more than 2,000 applicants.&nbsp;

But Huckins wasn’t officially in the clear until Thursday afternoon, when he received a notice that he passed the rigorous review process to confirm his eligibility.&nbsp;

“I got a letter from the Department of Veterans Affairs saying that I have a disability rating that qualifies me for the application process,” he said. “This one was a slam dunk for the state, I feel like.”

Huckins was an outlier, with only seven of the 24 dispensary licenses that managed to get certified by the Division of Cannabis Regulation on Thursday afternoon, according to the division’s&nbsp;<a href="https://health.mo.gov/safety/cannabis/pdf/ceo-eligibility-review-results101024.pdf" target="_blank">report</a>.

The other 17 dispensary license winners were deemed ineligible, largely because of “failure to provide adequate documentation” that the licensee met the criteria.&nbsp;

Fifteen of the 33 wholesale licenses needed to create marijuana grow facilities were deemed ineligible as well.

That means less than half — 25 of the 57 licenses — were certified.

That’s a significant decrease from the first round, issued last October, when 37 of the 48 were certified.<a href="https://missouriindependent.com/briefs/a-quarter-of-missouri-cannabis-microbusiness-license-winners-deemed-ineligible/">&nbsp;Out of the 11 that weren’t</a>, nine of them were eventually&nbsp;<a href="https://missouriindependent.com/2024/03/27/missouri-revokes-nine-social-equity-cannabis-business-licenses-for-out-of-state-companies/">revoked</a>.

While on the surface it sounds like a problem of technicalities, it could speak to the larger problem of the predatory practices surrounding Missouri’s microbusiness licenses — which the&nbsp;<a href="https://missouriindependent.com/2024/04/08/state-warns-social-equity-marijuana-licenses-applicants-of-predatory-practices/">division itself has warned about</a>.

“My first impressions are that most of the licenses that weren’t issued,” Huckins said, “were probably due to people or groups with vast resources that have tried to cheat the system by putting in sometimes hundreds of invalid applications.”

The division declined to provide The Independent with a list of the certified licensees.&nbsp;

However, of the 24 dispensary licenses selected through the lottery in June, The Independent has identified 14 that are likely connected to groups cannabis regulators have cracked down on previously.

The groups include investors from&nbsp;<a href="https://missouriindependent.com/2024/09/23/alleged-predatory-contracts-continue-to-surface-in-missouri-social-equity-marijuana-program/">Arizona</a>,&nbsp;<a href="https://missouriindependent.com/2023/10/26/applicants-recruited-on-craigslist-competed-for-missouri-social-equity-cannabis-licenses/">Michigan</a>&nbsp;and within&nbsp;<a href="https://missouriindependent.com/2024/07/26/missouri-cannabis-leader-accused-of-using-predatory-contracts-to-win-social-equity-licenses/">Missouri</a>&nbsp;accused of using disadvantaged people as fronts to gain licenses. The strategy involves recruiting applicants to flood the lottery and increase chances of winning.

The Independent has obtained contracts that these groups have circulated to potential applicants, revealing the investors are aiming to shut out the disadvantaged applicants from most of the profit and control of the business.

Lisa Cox, spokeswoman for the division, said the licensees who weren’t certified today were sent notices of pending revocation.

They will have 30 days to respond to the division’s concerns, “during which licensees may submit records or information demonstrating why the license should not be revoked,” she said.

In the first round, it took about three months after the notices were issued to confirm those being revoked, Cox said.

For Huckins, the entire situation is problematic.&nbsp;

For one, he said, it means less growing facilities that the dispensaries will be able to rely on. But it also impacts the dynamic of the microbusiness marijuana community. Huckins hosts weekly calls among the licensees so they can share knowledge and help each other.

“The general feeling in the community among other people like myself,” who aren’t connected to big investors, he said. “Most of us feel like this is a social-equity program to benefit people that are socially disadvantaged, not a way for millionaires to get richer.”&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684108752023.png" alt="-Only seven of the 24 dispensary licenses issued in June managed to get certified by the Division of Cannabis Regulation&nbsp;on Thursday afternoon (Rebecca Rivas/Missouri Independent)." />
 <figcaption>-Only seven of the 24 dispensary licenses issued in June managed to get certified by the Division of Cannabis Regulation&nbsp;on Thursday afternoon (Rebecca Rivas/Missouri Independent).</figcaption>
 </figure>By REBECCA RIVAS &nbsp;<a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a><h2>Of the 24 dispensary licenses selected through the lottery in June, The Independent has identified 14 that are likely connected to groups the state cracked down on previously</h2>David Huckins, a disabled veteran from Leavenworth, Kan., threw his name into the lottery this spring for a chance to win a social-equity marijuana dispensary license in Missouri.In June, he learned he landed one of 57 microbusiness licenses meant to benefit disadvantaged business owners – including disabled veterans, those with lower incomes and people with non-violent marijuana offenses.&nbsp;The microbusiness program was part of the&nbsp;<a href="https://revisor.mo.gov/main/OneSection.aspx?section=XIV%20%20%202&amp;constit=y" target="_blank">constitutional amendment</a>&nbsp;to legalize recreational marijuana that voters passed in 2022.&nbsp;Huckins was among one of the 24 dispensary licenses and 33 wholesale licenses for cultivation facilities handed out as part of a second lottery held in June —&nbsp; out of more than 2,000 applicants.&nbsp;But Huckins wasn’t officially in the clear until Thursday afternoon, when he received a notice that he passed the rigorous review process to confirm his eligibility.&nbsp;For him, it wasn’t a surprise.&nbsp;“I got a letter from the Department of Veterans Affairs saying that I have a disability rating that qualifies me for the application process,” he said. “This one was a slam dunk for the state, I feel like.”Huckins was an outlier, with only seven of the 24 dispensary licenses that managed to get certified by the Division of Cannabis Regulation on Thursday afternoon, according to the division’s&nbsp;<a href="https://health.mo.gov/safety/cannabis/pdf/ceo-eligibility-review-results101024.pdf" target="_blank">report</a>.The other 17 dispensary license winners were deemed ineligible, largely because of “failure to provide adequate documentation” that the licensee met the criteria.&nbsp;Fifteen of the 33 wholesale licenses needed to create marijuana grow facilities were deemed ineligible as well.That means less than half — 25 of the 57 licenses — were certified.That’s a significant decrease from the first round, issued last October, when 37 of the 48 were certified.<a href="https://missouriindependent.com/briefs/a-quarter-of-missouri-cannabis-microbusiness-license-winners-deemed-ineligible/">&nbsp;Out of the 11 that weren’t</a>, nine of them were eventually&nbsp;<a href="https://missouriindependent.com/2024/03/27/missouri-revokes-nine-social-equity-cannabis-business-licenses-for-out-of-state-companies/">revoked</a>.While on the surface it sounds like a problem of technicalities, it could speak to the larger problem of the predatory practices surrounding Missouri’s microbusiness licenses — which the&nbsp;<a href="https://missouriindependent.com/2024/04/08/state-warns-social-equity-marijuana-licenses-applicants-of-predatory-practices/">division itself has warned about</a>.“My first impressions are that most of the licenses that weren’t issued,” Huckins said, “were probably due to people or groups with vast resources that have tried to cheat the system by putting in sometimes hundreds of invalid applications.”The division declined to provide The Independent with a list of the certified licensees.&nbsp;However, of the 24 dispensary licenses selected through the lottery in June, The Independent has identified 14 that are likely connected to groups cannabis regulators have cracked down on previously.The groups include investors from&nbsp;<a href="https://missouriindependent.com/2024/09/23/alleged-predatory-contracts-continue-to-surface-in-missouri-social-equity-marijuana-program/">Arizona</a>,&nbsp;<a href="https://missouriindependent.com/2023/10/26/applicants-recruited-on-craigslist-competed-for-missouri-social-equity-cannabis-licenses/">Michigan</a>&nbsp;and within&nbsp;<a href="https://missouriindependent.com/2024/07/26/missouri-cannabis-leader-accused-of-using-predatory-contracts-to-win-social-equity-licenses/">Missouri</a>&nbsp;accused of using disadvantaged people as fronts to gain licenses. The strategy involves recruiting applicants to flood the lottery and increase chances of winning.The Independent has obtained contracts that these groups have circulated to potential applicants, revealing the investors are aiming to shut out the disadvantaged applicants from most of the profit and control of the business.Lisa Cox, spokeswoman for the division, said the licensees who weren’t certified today were sent notices of pending revocation.They will have 30 days to respond to the division’s concerns, “during which licensees may submit records or information demonstrating why the license should not be revoked,” she said.In the first round, it took about three months after the notices were issued to confirm those being revoked, Cox said.For Huckins, the entire situation is problematic.&nbsp;For one, he said, it means less growing facilities that the dispensaries will be able to rely on. But it also impacts the dynamic of the microbusiness marijuana community. Huckins hosts weekly calls among the licensees so they can share knowledge and help each other.“The general feeling in the community among other people like myself,” who aren’t connected to big investors, he said. “Most of us feel like this is a social-equity program to benefit people that are socially disadvantaged, not a way for millionaires to get richer.”&nbsp;

Missouri regulators deny certification for majority of social-equity cannabis license winners

(Radio Iowa) - Social media pages are lit up by photos Iowans took of the Northern Lights last night and stargazers are hoping for a repeat tonight. 

University of Iowa physics &amp; astronomy Professor Allison Jaynes watched the dancing bands of green and red over a cornfield near Iowa City last night and says it's a roll of the dice whether we'll see the rare treat again after the sun sets in a few hours. 

Jaynes says you'll likely have to drive a bit to get away from lights and you'll need as much darkness as possible to the north. She's encouraged how the recent aurora appearances have captured the attention of so many people, getting them to gaze skyward, saying "it's really a community event."

(Radio Iowa) - Social media pages are lit up by photos Iowans took of the Northern Lights last night and stargazers are hoping for a repeat tonight. University of Iowa physics &amp; astronomy Professor Allison Jaynes watched the dancing bands of green and red over a cornfield near Iowa City last night and says it's a roll of the dice whether we'll see the rare treat again after the sun sets in a few hours. Jaynes says you'll likely have to drive a bit to get away from lights and you'll need as much darkness as possible to the north. She's encouraged how the recent aurora appearances have captured the attention of so many people, getting them to gaze skyward, saying "it's really a community event."

Iowa sky watchers are hoping for a repeat show from the Northern Lights

(Radio Iowa) - The Iowa Supreme Court has upheld the sentence of a Fairfield teen who pleaded guilty to murdering his Spanish teacher. 

Willard Miller, who was 16 at the time of the crime, was sentenced to life in prison with the possibility of parole after serving 35 years. Miller's attorney argued there should be expert testimony about sentencing a juvenile to a mandatory minimum sentence, and Miller's attorney called the sentence unconstitutional. 

The justices' opinion says the Iowa Constitution does not ban giving minimum sentences to juveniles and it says there's no state law requiring expert testimony. Miller and another student pleaded guilty to murdering Fairfield Spanish teacher Nohema Graber three years ago.

(Radio Iowa) - The Iowa Supreme Court has upheld the sentence of a Fairfield teen who pleaded guilty to murdering his Spanish teacher. Willard Miller, who was 16 at the time of the crime, was sentenced to life in prison with the possibility of parole after serving 35 years. Miller's attorney argued there should be expert testimony about sentencing a juvenile to a mandatory minimum sentence, and Miller's attorney called the sentence unconstitutional. The justices' opinion says the Iowa Constitution does not ban giving minimum sentences to juveniles and it says there's no state law requiring expert testimony. Miller and another student pleaded guilty to murdering Fairfield Spanish teacher Nohema Graber three years ago.

Iowa Supreme Court upholds teen's sentence for Fairfield teacher's murder

(Radio Iowa) - Iowa now has a second Safe Haven baby box where an unwanted newborn baby can be turned over. 

Safe Haven founder Monica Kelsey says the box allows anonymity where the Safe Haven law that was passed 25 years ago allows for confidentiality, but not anonymity. She says anonymity for a parent who doesn't want to walk in and hand their child to a person, but still wants to surrender their child, is important to some of the women. 

The new Safe Haven baby box is at MercyOne Medical Center in Des Moines and it follows the first that was installed at the Fort Dodge Fire Department in 2023. Kelsey started Safe Haven baby boxes out of her own beginnings after she was abandoned as an infant. You can find out more about Safe Haven boxes, or make a donation to the organization at shbb.org.

(Radio Iowa) - Iowa now has a second Safe Haven baby box where an unwanted newborn baby can be turned over. Safe Haven founder Monica Kelsey says the box allows anonymity where the Safe Haven law that was passed 25 years ago allows for confidentiality, but not anonymity. She says anonymity for a parent who doesn't want to walk in and hand their child to a person, but still wants to surrender their child, is important to some of the women. The new Safe Haven baby box is at MercyOne Medical Center in Des Moines and it follows the first that was installed at the Fort Dodge Fire Department in 2023. Kelsey started Safe Haven baby boxes out of her own beginnings after she was abandoned as an infant. You can find out more about Safe Haven boxes, or make a donation to the organization at shbb.org.

Second Safe Haven Baby Box Installed In Iowa

Fall means harvest season and hunting, but with that also comes more deer on the roadways.  

Seargent Shane Hux with Troop H of the Missouri Highway Patrol warns motorists to be on the lookout for deer 

"You know we got harvest going on, that's pushing the deer out of the fields, less daylight, going to have Daylight Savings Time coming up, the deer patters going to definitely be changing," Hux tells KFEQ/St. Joseph Post. "So, always be alert for deer, not just where the signs are posted but deer can be anywhere." 

Hux says the peak times of deer movement are around dusk and dawn. Hux with Troop H in St. Joseph says if you see a deer in the roadway, you should slow down and do what you can to try to get it off the roadway. 

"What we don't want people to do is to swerve to try miss the deer, on a two lane highway you may have other traffic there in the way, and what we see a lot of the times is people do swerve, miss the deer, but yet they travel off the roadway strike a fixed object and then overturn," Hux explains. "It becomes a more severe crash just because someone chose to swerve to miss the deer." 

Hux adds another important thing to think about if you crash into a deer, is the deer's carcass.  

"You know if someone doesn't report the crash, the possibility the carcass could be laying in the roadway and cause a hazard," Hux says. "So, it's very important anytime you hit a deer, even if you don't need a crash report, still notify law enforcement so we can go out there and make sure the deer itself is not laying in the roadway to make a hazard." 

Hux says an influx of deer is seen around dusk and dawn and to keep in mind if you see one, there is probably another one right behind it. 

By MATT PIKE St. Joseph Post Fall means harvest season and hunting, but with that also comes more deer on the roadways. Seargent Shane Hux with Troop H of the Missouri Highway Patrol warns motorists to be on the lookout for deer "You know we got harvest going on, that's pushing the deer out of the fields, less daylight, going to have Daylight Savings Time coming up, the deer patters going to definitely be changing," Hux tells KFEQ/St. Joseph Post. "So, always be alert for deer, not just where the signs are posted but deer can be anywhere." Hux says the peak times of deer movement are around dusk and dawn. Hux with Troop H in St. Joseph says if you see a deer in the roadway, you should slow down and do what you can to try to get it off the roadway. "What we don't want people to do is to swerve to try miss the deer, on a two lane highway you may have other traffic there in the way, and what we see a lot of the times is people do swerve, miss the deer, but yet they travel off the roadway strike a fixed object and then overturn," Hux explains. "It becomes a more severe crash just because someone chose to swerve to miss the deer." Hux adds another important thing to think about if you crash into a deer, is the deer's carcass. "You know if someone doesn't report the crash, the possibility the carcass could be laying in the roadway and cause a hazard," Hux says. "So, it's very important anytime you hit a deer, even if you don't need a crash report, still notify law enforcement so we can go out there and make sure the deer itself is not laying in the roadway to make a hazard." Hux says an influx of deer is seen around dusk and dawn and to keep in mind if you see one, there is probably another one right behind it.

State Highway Patrol warns motorists of deer on the road

A federal judge rejected a petition from environmental activists for more strict regulation of large livestock operations in a win for the U.S. meat industry. The U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, threw out a lawsuit that would have changed how the Environmental Protection Agency regulates concentrated animal feeding operations. Pork producers applauded the decision. The lawsuit, filed and led by Food &amp; Water Watch, challenged the EPA’s decision last year to deny a petition that would have required all farms to obtain permits to operate their CAFOs unless they could prove they’re not a source of pollution.

 In their petition, activist groups argued livestock operations are releasing pollution into waterways in violation of the Clean Water Act. In its decision, however, the court agreed with the EPA’s approach to regulating livestock production, including the formation of a subcommittee to study water quality issues, saying it was important to “seek information about how best to tackle the problem” before crafting new regulations.

A federal judge rejected a petition from environmental activists for more strict regulation of large livestock operations in a win for the U.S. meat industry. The U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, threw out a lawsuit that would have changed how the Environmental Protection Agency regulates concentrated animal feeding operations. Pork producers applauded the decision. The lawsuit, filed and led by Food &amp; Water Watch, challenged the EPA’s decision last year to deny a petition that would have required all farms to obtain permits to operate their CAFOs unless they could prove they’re not a source of pollution. In their petition, activist groups argued livestock operations are releasing pollution into waterways in violation of the Clean Water Act. In its decision, however, the court agreed with the EPA’s approach to regulating livestock production, including the formation of a subcommittee to study water quality issues, saying it was important to “seek information about how best to tackle the problem” before crafting new regulations.-NAFB

Court denies petition for stronger EPA regulation of large livestock farms

U.S. agricultural exports were at $13.01 billion in August, essentially unchanged from July, against imports of $17.19 billion, which were down 2% from July, resulting in a monthly trade deficit of $4.18 billion. AgWeb reports exports thus far this fiscal year total $161.3 billion compared to imports of $188.82 billion, creating a cumulative deficit of $27.52 billion. The sector has recorded monthly deficits in 10 out of 11 months in FY 2024, with three months seeing deficits of $4 billion or more and eight months with a deficit of $1 billion or more. 

USDA forecasts agricultural exports at $173.5 billion and imports at a record $204 billion for a projected record trade deficit of $30.5 billion. In FY 2023, the trade gap was $17.1 billion. Based on the FY 2024 forecasts and cumulative trade data, agricultural exports in September would need to reach $12.2 billion to meet the USDA forecast, while imports would need to be $15.18 billion.

U.S. agricultural exports were at $13.01 billion in August, essentially unchanged from July, against imports of $17.19 billion, which were down 2% from July, resulting in a monthly trade deficit of $4.18 billion. AgWeb reports exports thus far this fiscal year total $161.3 billion compared to imports of $188.82 billion, creating a cumulative deficit of $27.52 billion. The sector has recorded monthly deficits in 10 out of 11 months in FY 2024, with three months seeing deficits of $4 billion or more and eight months with a deficit of $1 billion or more. USDA forecasts agricultural exports at $173.5 billion and imports at a record $204 billion for a projected record trade deficit of $30.5 billion. In FY 2023, the trade gap was $17.1 billion. Based on the FY 2024 forecasts and cumulative trade data, agricultural exports in September would need to reach $12.2 billion to meet the USDA forecast, while imports would need to be $15.18 billion.

USDA projects a record ag trade deficit in 2024

A strong geomagnetic storm occurred Thursday night and brought views of the aurora as far south as northern Missouri and Kansas.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728614836497.png" alt="View of the northern lights from Kansas on Thursday" />
 <figcaption>View of the northern lights from Kansas on Thursday</figcaption>
 </figure>A strong geomagnetic storm occurred Thursday night and brought views of the aurora as far south as northern Missouri and Kansas.<div><blockquote class="twitter-tweet">The northern lights are on full display across the Tri-State area. If you haven&#39;t made it out this evening don&#39;t worry the clear skies are forecast to continue throughout the night. For more information on the Aurora please visit <a href="https://t.co/H6I1XThxql">https://t.co/H6I1XThxql</a> <a href="https://twitter.com/hashtag/kswx?src=hash&amp;ref_src=twsrc%5Etfw">#kswx</a> <a href="https://twitter.com/hashtag/newx?src=hash&amp;ref_src=twsrc%5Etfw">#newx</a> <a href="https://twitter.com/hashtag/cowx?src=hash&amp;ref_src=twsrc%5Etfw">#cowx</a> <a href="https://t.co/nIeX5iTcqd">pic.twitter.com/nIeX5iTcqd</a>&mdash; NWS Goodland (@NWSGoodland) <a href="https://twitter.com/NWSGoodland/status/1844571365774590345?ref_src=twsrc%5Etfw">October 11, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>

Beautiful display: Northern lights show off across Missouri, Kansas

The state of Iowa, where nursing homes have compiled one of the nation’s worst records for staffing-level violations, has joined 19 other states in suing the Biden administration to block the implementation of new staffing requirements.

The lawsuit, filed in U.S. District Court for the Northern District of Iowa, seeks to overturn the nursing home staffing requirements approved earlier this year by the Centers for Medicare and Medicaid Services.

In their petition, the 20 states, including Kansas, and more than a dozen industry associations argue that the new staffing requirements pose “an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business. And the main victims will be the patients who will have nowhere else to go.”

The lawsuit is in response to CMS’ decision in April to finalize new minimum staffing standards that will require homes to conduct assessments of their residents’ needs and provide 3.48 hours of direct nursing care per resident, per day. The rule also requires the homes to have a registered nurse available 24 hours per day, seven days a week.

Earlier this year,&nbsp;<a href="https://iowacapitaldispatch.com/2024/04/16/iowa-nursing-homes-staffing-levels-are-among-the-nations-worst/" target="_blank">the Iowa Capital Dispatch reported</a>&nbsp;that Iowa nursing homes have the sixth-worst record in the nation for staffing-level violations. Data from CMS show that 14% of the state’s 422 nursing facilities were cited for insufficient staffing in fiscal year 2023. That was more than double the national average, which was 5.9%.

Only five other states — Hawaii, Michigan, Montana, New Mexico and Oregon — had a worse record of compliance with the sufficient-staffing requirement.

Des Moines’ Fleur Heights care facility compiled Iowa’s worst record of compliance.&nbsp; Over a nine-month period between May 2023 and February 2024, Fleur Heights was cited, but never fined, five times for insufficient staff — more than any other facility in the state.

Lawsuit: CMS pulls an elephant out of a mousehole

Federal data suggest many care facilities already meet the new standards, but industry officials allege nursing homes will need to hire an additional 27,000 full-time registered nurses and 78,000 full-time certified nurse aides, at a cost of more than $7 billion, to meet the requirements.

<a href="https://nursinghome411.org/alert-staffing-q4-2023/" target="_blank">A report from the Long-Term Care Community Coalition</a>&nbsp;earlier this year showed that 6 in 10 of all U.S. nursing homes would have met the new nurse-staffing standard of 3.48 hours in the fourth quarter of 2023. Iowa homes fell below the national average, with 56.5% of them meeting the new standard.

The fact that a majority of facilities already meet the new minimum standard while still facing quality-of-care issues has been an issue with many advocates who say&nbsp;<a href="https://iowacapitaldispatch.com/2024/05/03/new-report-details-low-staffing-high-turnover-in-iowa-nursing-homes/" target="_blank">the new standards don’t go far enough.</a>&nbsp;They point to a federal study that shows each resident needs at least 4.1 hours of nursing care each day – which is a standard met by only 26% of all nursing homes nationally.

The lawsuit alleges the new requirements, which apply only to homes that accept taxpayer money through Medicaid and Medicare funding for resident care, are “not even close to lawful.”

That claim appears to be based on the plaintiffs’ argument that CMS lacks the broad authority needed to enact a rule that would “result in at least $43 billion of compliance costs for nursing homes nationwide over the next ten years” without first obtaining congressional approval. The lawsuit likens CMS’ action to pulling an elephant out of a mousehole.

The lawsuit also notes that the previous standards included a “flexible staffing standard” that dates back to 1972 and which required only that a nursing home “provide 24-hour licensed nursing services which are sufficient to meet the nursing needs of its residents.”

For at least 40 years, that standard came under fire from advocates for seniors who alleged it allowed corporate nursing home owners to define for themselves what constituted a “sufficient” level of staffing, even as federal studies showed inadequate staffing to be the single largest contributor to poor quality care in nursing homes.

Congress, the lawsuit points out, chose not to take action on complaints regarding the rule on “sufficient” staff.

<figure>
 <img src="https://media.eaglewebservices.com/public/2020/12/1608503689153.jpg" alt="" />
 <figcaption></figcaption>
 </figure>BY:&nbsp;<a href="https://kansasreflector.com/author/clarkkauffman/">CLARK KAUFFMAN</a>&nbsp;The state of Iowa, where nursing homes have compiled one of the nation’s worst records for staffing-level violations, has joined 19 other states in suing the Biden administration to block the implementation of new staffing requirements.The lawsuit, filed in U.S. District Court for the Northern District of Iowa, seeks to overturn the nursing home staffing requirements approved earlier this year by the Centers for Medicare and Medicaid Services.In their petition, the 20 states, including Kansas, and more than a dozen industry associations argue that the new staffing requirements pose “an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business. And the main victims will be the patients who will have nowhere else to go.”The lawsuit is in response to CMS’ decision in April to finalize new minimum staffing standards that will require homes to conduct assessments of their residents’ needs and provide 3.48 hours of direct nursing care per resident, per day. The rule also requires the homes to have a registered nurse available 24 hours per day, seven days a week.Earlier this year,&nbsp;<a href="https://iowacapitaldispatch.com/2024/04/16/iowa-nursing-homes-staffing-levels-are-among-the-nations-worst/" target="_blank">the Iowa Capital Dispatch reported</a>&nbsp;that Iowa nursing homes have the sixth-worst record in the nation for staffing-level violations. Data from CMS show that 14% of the state’s 422 nursing facilities were cited for insufficient staffing in fiscal year 2023. That was more than double the national average, which was 5.9%.Only five other states — Hawaii, Michigan, Montana, New Mexico and Oregon — had a worse record of compliance with the sufficient-staffing requirement.Des Moines’ Fleur Heights care facility compiled Iowa’s worst record of compliance.&nbsp; Over a nine-month period between May 2023 and February 2024, Fleur Heights was cited, but never fined, five times for insufficient staff — more than any other facility in the state.<h2>Lawsuit: CMS pulls an elephant out of a mousehole</h2>Federal data suggest many care facilities already meet the new standards, but industry officials allege nursing homes will need to hire an additional 27,000 full-time registered nurses and 78,000 full-time certified nurse aides, at a cost of more than $7 billion, to meet the requirements.<a href="https://nursinghome411.org/alert-staffing-q4-2023/" target="_blank">A report from the Long-Term Care Community Coalition</a>&nbsp;earlier this year showed that 6 in 10 of all U.S. nursing homes would have met the new nurse-staffing standard of 3.48 hours in the fourth quarter of 2023. Iowa homes fell below the national average, with 56.5% of them meeting the new standard.The fact that a majority of facilities already meet the new minimum standard while still facing quality-of-care issues has been an issue with many advocates who say&nbsp;<a href="https://iowacapitaldispatch.com/2024/05/03/new-report-details-low-staffing-high-turnover-in-iowa-nursing-homes/" target="_blank">the new standards don’t go far enough.</a>&nbsp;They point to a federal study that shows each resident needs at least 4.1 hours of nursing care each day – which is a standard met by only 26% of all nursing homes nationally.The lawsuit alleges the new requirements, which apply only to homes that accept taxpayer money through Medicaid and Medicare funding for resident care, are “not even close to lawful.”That claim appears to be based on the plaintiffs’ argument that CMS lacks the broad authority needed to enact a rule that would “result in at least $43 billion of compliance costs for nursing homes nationwide over the next ten years” without first obtaining congressional approval. The lawsuit likens CMS’ action to pulling an elephant out of a mousehole.The lawsuit also notes that the previous standards included a “flexible staffing standard” that dates back to 1972 and which required only that a nursing home “provide 24-hour licensed nursing services which are sufficient to meet the nursing needs of its residents.”For at least 40 years, that standard came under fire from advocates for seniors who alleged it allowed corporate nursing home owners to define for themselves what constituted a “sufficient” level of staffing, even as federal studies showed inadequate staffing to be the single largest contributor to poor quality care in nursing homes.Congress, the lawsuit points out, chose not to take action on complaints regarding the rule on “sufficient” staff.“For decades, Congress, CMS, and its predecessors have considered — and rejected — proposals to replace the flexible staffing standards with a one-size-fits-all requirement,” the lawsuit argues, adding that the new mandate “threatens the health, safety, and well-being of millions of nursing home patients across the country.”<h2>Hardship exemptions are questioned</h2>Although the new staffing requirements are to be phased in over two to three years, and include a waiver for homes in rural areas with labor-pool shortages, “the reality of a tight labor market requires nursing homes to hire immediately because the available supply of nurses will dwindle as the implementation date approaches,” the lawsuit claims.The lawsuit characterizes the new staffing mandate of having a nurse available on a 24/7 basis as “a one-size-fits-all approach,” but acknowledges other elements of the mandate would be based on a care facility’s own assessment of residents’ needs.Although the new rule includes a financial-hardship waiver for homes that can’t afford to meet the new staffing level requirements, the plaintiffs argue that in order to get such a waiver, a home must prove there’s a significant local shortage of health care workers, show evidence of staff recruitment efforts and competitive wages, and document their spending on staffing in relation to their overall revenue.Even then, the plaintiffs argue, a “hardship exemption” can still be denied if a nursing home is designated a “special focus facility” due to major, recurring violations of resident-care standards.Another point of contention referenced in the lawsuit is the new rule’s lack of recognition for the use of licensed practical nurses. The plaintiffs argue that the rule creates an incentive for facilities to fire LPNs and replace them with less skilled certified nurse aides. The rule “pressures long-term care facilities to replace experienced LPNs” with less-qualified new hires, the lawsuit alleges.The lawsuit seeks a declaration by the court that CMS lacks the authority to impose the new requirements as well as orders vacating and setting aside specific requirements such as the 24/7 requirement for a registered nurse.Plaintiffs in the lawsuit include the states of Iowa, Nebraska, Kansas, South Carolina, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, Oklahoma, North Dakota, South Dakota, Utah, Virginia, and West Virginia.Co-plaintiffs include the LeadingAge lobbying and professional associations in Iowa, Nebraska, South Dakota, Kansas, Oklahoma, South Carolina, Missouri, New Jersey, Ohio, Colorado, Delaware, Virginia, Maryland, Pennsylvania, Tennessee and Michigan.The defendants, CMS and the U.S. Department of Health and Human Services, have yet to file a response to the lawsuit. In other, similar lawsuits, such as one filed in Texas by industry officials, the agencies have denied any wrongdoing.Iowa Capital-Dispatch, a States Newsroom affiliate,&nbsp;<a href="https://iowacapitaldispatch.com/2024/10/09/iowa-19-other-states-sue-feds-to-block-staffing-mandates-for-nursing-homes/" target="_blank">produced this story</a>.

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