A
70-year-old St. Joseph man died in a two-vehicle crash Wednesday morning at
the intersection of Missouri Highway 6 and 85th Road, near Bessie Ellison
Elementary School.

The Missouri
State Highway Patrol reports Ferol Engeman died at the scene.

The patrol
states Engeman was driving north on 85th as a car driven by
48-year-old Jessica Gummelt of Stewartsville was traveling west on Highway 6 about four miles
east of St. Joseph. Engeman failed to yield the right of way to Gummelt who ran
into his car. The impact of the crash threw both vehicles off the north side of
Highway 6. Gummelt suffered minor injuries in the crash, according to the patrol.

Initially,
the person killed in the wreck was reported to be from Atchison, Kansas.

This article has been updated since first published.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/11/1698852115425.jpeg" alt="Two vehicles collided in a fatal wreck on Highway 6 east of St. Joseph/Photo by Matt Pike" />
 <figcaption>Two vehicles collided in a fatal wreck on Highway 6 east of St. Joseph/Photo by Matt Pike</figcaption>
 </figure>By BRENT MARTINSt. Joseph PostA
70-year-old St. Joseph man died in a two-vehicle crash Wednesday morning at
the intersection of Missouri Highway 6 and 85th Road, near Bessie Ellison
Elementary School.The Missouri
State Highway Patrol reports Ferol Engeman died at the scene.The patrol
states Engeman was driving north on 85th as a car driven by
48-year-old Jessica Gummelt of Stewartsville was traveling west on Highway 6 about four miles
east of St. Joseph. Engeman failed to yield the right of way to Gummelt who ran
into his car. The impact of the crash threw both vehicles off the north side of
Highway 6. Gummelt suffered minor injuries in the crash, according to the patrol.Initially,
the person killed in the wreck was reported to be from Atchison, Kansas.This article has been updated since first published.

One dead in fatal wreck near Bessie Ellison School east of St. Joseph (UPDATED)

A worker shortage continues to drag
down the greater St. Joseph economy, though Chamber of Commerce President
Natalie Redmond says it is beginning to ease. 

“It is starting to ease,” Redmond
says. “I’ve had a couple of organizations tell me they are actually fully staffed
with all of their shifts as of maybe the last month. So, it is starting to ease
a little bit. I don’t think that we’re ever going to get out of that. I think
the workforce issues are still going to continue to be a challenge.”

A big problem facing the area is the
number of adults who simply are not working. The University of Missouri Extension
Service issues a report called Missouri Grand Challenges and says one of the
biggest challenges for Buchanan County and a little bit in Andrew County is
that a third of working-age adults, from 24-to-53, are not in the workforce.

Redmond says a portion of those adults
are stay-at-home Moms, but only a portion. She says the Chamber must
concentrate on removing the barriers that keep them from entering the
workforce.

“That may be day care. That may be
housing,” Redmond says. “Rental housing has gone up significantly in our
market. So, maybe they don’t have a place to live. Maybe they’re living on
someone’s couch that makes it conducive for them not to work. Maybe they don’t
have transportation. Maybe they don’t have day care. So, I think we have to
continue to look at how do we help with the barriers to get people to work.”

Redmond says the figure has the
attention of chamber officials.

“That’s a big number,” Redmond says. “And
so, if we can do our part to help get a percentage of that back to work and
helping them with the resources they need then we feel like that’s a win.”

MU Extension says three big challenges
face the Buchanan-Andrew County area. The first is workforce participation. The
extension service says the American Community Survey finds that of the nearly
83,000 people of working age, 61% participate in the labor force, short of the
state average of 62.82%. Buchanan County has a participation rate of 60.56% according
to the survey with Andrew County at 63.55%. A lack of education also hurts area
residents with more than 10% of the Buchanan County population never graduating
from high school and 22.52% of adults having a least some college education,
but only 16% with bachelors’ degrees. Mental health is the third challenge
facing the area, including alcoholism and drug addiction.

By BRENT MARTINSt. Joseph PostA worker shortage continues to drag
down the greater St. Joseph economy, though Chamber of Commerce President
Natalie Redmond says it is beginning to ease. “It is starting to ease,” Redmond
says. “I’ve had a couple of organizations tell me they are actually fully staffed
with all of their shifts as of maybe the last month. So, it is starting to ease
a little bit. I don’t think that we’re ever going to get out of that. I think
the workforce issues are still going to continue to be a challenge.”A big problem facing the area is the
number of adults who simply are not working. The University of Missouri Extension
Service issues a report called Missouri Grand Challenges and says one of the
biggest challenges for Buchanan County and a little bit in Andrew County is
that a third of working-age adults, from 24-to-53, are not in the workforce.Redmond says a portion of those adults
are stay-at-home Moms, but only a portion. She says the Chamber must
concentrate on removing the barriers that keep them from entering the
workforce.“That may be day care. That may be
housing,” Redmond says. “Rental housing has gone up significantly in our
market. So, maybe they don’t have a place to live. Maybe they’re living on
someone’s couch that makes it conducive for them not to work. Maybe they don’t
have transportation. Maybe they don’t have day care. So, I think we have to
continue to look at how do we help with the barriers to get people to work.”Redmond says the figure has the
attention of chamber officials.“That’s a big number,” Redmond says. “And
so, if we can do our part to help get a percentage of that back to work and
helping them with the resources they need then we feel like that’s a win.”MU Extension says three big challenges
face the Buchanan-Andrew County area. The first is workforce participation. The
extension service says the American Community Survey finds that of the nearly
83,000 people of working age, 61% participate in the labor force, short of the
state average of 62.82%. Buchanan County has a participation rate of 60.56% according
to the survey with Andrew County at 63.55%. A lack of education also hurts area
residents with more than 10% of the Buchanan County population never graduating
from high school and 22.52% of adults having a least some college education,
but only 16% with bachelors’ degrees. Mental health is the third challenge
facing the area, including alcoholism and drug addiction.

A third of the St. Joseph workforce is sitting on the sidelines

Buchanan County deputies report eight
violations of the sex offender registry law during Halloween.

Officers also arrested one person on
an outstanding warrant.

Buchanan County Sheriff Bill Puett
reports deputies from his department as well as St. Joseph police officers,
Missouri State Highway Patrol troopers, and federal Marshals spread out
throughout the county Tuesday night to check on registered sex offenders and
whether they were abiding by state and federal laws which prohibit their
interaction with children during any Halloween activities.

Puett says the cases have been handed
over to the Buchanan County prosecutor’s office.

By BRENT MARTINSt. Joseph PostBuchanan County deputies report eight
violations of the sex offender registry law during Halloween.Officers also arrested one person on
an outstanding warrant.Buchanan County Sheriff Bill Puett
reports deputies from his department as well as St. Joseph police officers,
Missouri State Highway Patrol troopers, and federal Marshals spread out
throughout the county Tuesday night to check on registered sex offenders and
whether they were abiding by state and federal laws which prohibit their
interaction with children during any Halloween activities.Puett says the cases have been handed
over to the Buchanan County prosecutor’s office.

Buchanan CO deputies arrest 8 on Halloween for violation of sex offender registry law

The fate of 45,000 recalled products is still pending before Administrative Hearing Commission

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

The state rolled back its&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/08/16/state-faces-pushback-from-missouri-marijuana-industry-over-product-recall/">recall</a>&nbsp;of nearly 15,000 cannabis products last week and allowed them to return to the dispensary shelves, after requiring Missouri companies to keep them in storage since early August.&nbsp;

The Missouri Division of Cannabis Regulation said in an&nbsp;<a target="_blank" href="https://health.mo.gov/safety/cannabis/pdf/notice-of-product-recall102023.pdf">Oct. 20 notice</a>&nbsp;that after a review of&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/19/missouri-marijuana-regulators-defend-product-testing-regime-in-aftermath-of-recall/">product-tracking records</a>, regulators can verify that “some of the marijuana products on recall contain THC solely sourced from marijuana grown in the Missouri regulated market.”

The future of the other 45,000 products recalled on Aug. 14 — and those of dozens of marijuana businesses facing a steep financial loss if the products must be destroyed — is still pending.

The Robertsonville-based marijuana manufacturer Delta Extraction has&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24013007-amended-complaint-delta">asked</a>&nbsp;the Administrative Hearing Commission to rescind the company’s license suspension and fully rollback the recall.&nbsp;

A trial is scheduled for the beginning of December, if the division and company can’t work out an agreement before then.

The key question&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/27/opposing-sides-of-missouri-marijuana-recall-to-face-off-in-administrative-hearing/">facing the division and commission</a>&nbsp;is how the recalled products were created — and whether that process poses a risk to public health.

If Delta Extraction can present evidence showing the products were created safely, then there’s a possibility the state won’t order 45,000 products to be destroyed. The company could still likely face a hefty fine, and even license revocation, for&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/11/missouri-company-at-center-of-cannabis-recall-used-hemp-instead-of-marijuana-in-products/">importing a hemp product</a>&nbsp;into the state and adding it to Missouri-grown marijuana products.&nbsp;

The commissioner overseeing Delta’s appeal of the recall and license suspension issued a&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24101687-protective-order-delta-extraction">protective order</a>&nbsp;on Oct. 25 that will allow some records in the case to be closed and confidential.&nbsp;

Those records could include “trade secrets or financial and proprietary information,” the order states, as well as the division’s investigations of other licensees.&nbsp;

At the center of the recall is a THC concentrate, or distillate, made partially from hemp.

In August, the state accused the company of adding “hemp-derived chemically modified ‘converted’ cannabinoids” to marijuana products.

Unlike marijuana, hemp has very little psychoactive properties naturally — which is why it was taken off the federal controlled substance list in the 2018 farm bill. But since then, businesses have been in a race to create ways to produce the most predominant psychoactive active element in marijuana, delta-9 THC, using the hemp plant.&nbsp;

The most common way to get delta-9 THC from hemp is usually a chemical conversion process from CBD, which is the more common cannabinoid in hemp.&nbsp;

<a target="_blank" href="https://missouriindependent.com/2023/09/11/did-recalled-missouri-cannabis-products-pose-health-risks-regulators-arent-sure/">Cannabis lab experts say</a>&nbsp;it’s a process that could involve a variety of chemicals that Missouri marijuana labs don’t test for – making the labs unable to verify the product’s safety.

And because hemp is no longer a controlled substance, no agency in Missouri or in the federal government is monitoring the production of chemically converted THC from hemp.&nbsp;

However, the lab in Florida where Delta bought a good amount of product&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/25/missouri-cannabis-recall-hemp/">told The Independent in September&nbsp;</a>that its distillate wasn’t created using harsh chemicals, as the state suspected, but rather through the same extraction process employed in the regulated marijuana market.

J.J. Coombs, owner and CEO of Arvida Labs in Fort Lauderdale, walked The Independent through the process to make the concentrated THC-A, which isn’t intoxicating unless you heat it up, at which point it turns into delta-9 THC.&nbsp;

For example,&nbsp;<a target="_blank" href="https://www.medicalnewstoday.com/articles/can-you-get-high-from-eating-raw-weed">eating raw marijuana flower</a>&nbsp;won’t produce a high because there’s only a small amount of delta-9 THC but a lot of THC-A.&nbsp;

It’s a fairly new process, Coombs said, that involves breeding hemp plants to have higher concentrations of the potentially intoxicating property THC-A.&nbsp;

Hemp has very little THC-A, so it takes about 90 pounds of hemp to make 1 kilo of THC-A isolate, or powder, Coombs said.&nbsp;

The confusion about Arvida Labs’ product being made using a chemical conversion process is understandable, Coombs said, because most people don’t know labs can extract large amounts of THC-A from the hemp plant.

It’s a process neither the state nor Delta leaders could explain during the company’s appeal proceedings, regarding how it’s different from the CBD conversion process.

Delta’s leadership testified the conversion process was being used, at one point, with its products — a revelation that&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/11/missouri-company-at-center-of-cannabis-recall-used-hemp-instead-of-marijuana-in-products/">shocked businesses</a>&nbsp;who purchased Delta’s distillate and thought it was made with 100% marijuana.&nbsp;

Chemicals from this process is one concern, lab experts said, but another is the possibility that the hemp came from outside the United States — meaning they could contain foreign pesticides that cannabis labs don’t test for.&nbsp;

Coombs said Arvida purchased the hemp from farmers in Texas, Tennessee and Kentucky who’ve learned to breed the plants to have higher concentrations of THC-A, using federally-approved strains. Any of the pesticides used in those states would have shown up on a lab test as being safe, Coombs said.

Green Precision Analytics is one of the labs that Delta Extraction used to test the distillate at the heart of the recall. Anthony David, the lab’s owner and chief operating officer, told The Independent previously that he had no idea Delta was incorporating imported hemp in the products.

David also said there was no trace of the THC coming from a chemical conversion process. Usually he can see a difference in curves of the chromatography, David said, but he didn’t in this case.&nbsp;

Coombs said that’s because it was done through a normal extraction process.&nbsp;

Coombs said that marijuana companies who purchased Delta’s distillate should not feel “duped” because the same extraction process used to get delta-9 THC from marijuana was used to get THC-A from hemp.&nbsp;

“It’s the same exact thing,” he said. “There’s no difference. Hemp is cannabis, just with no delta-9 THC.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2021/5/1620155146441.jpg" alt="The key question facing the state is how the recalled products were created — and whether that process poses a risk to public health&nbsp;" />
 <figcaption>The key question facing the state is how the recalled products were created — and whether that process poses a risk to public health&nbsp;</figcaption>
 </figure><h2>The fate of 45,000 recalled products is still pending before Administrative Hearing Commission</h2>By REBECCA RIVAS,&nbsp;<a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>The state rolled back its&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/08/16/state-faces-pushback-from-missouri-marijuana-industry-over-product-recall/">recall</a>&nbsp;of nearly 15,000 cannabis products last week and allowed them to return to the dispensary shelves, after requiring Missouri companies to keep them in storage since early August.&nbsp;The Missouri Division of Cannabis Regulation said in an&nbsp;<a target="_blank" href="https://health.mo.gov/safety/cannabis/pdf/notice-of-product-recall102023.pdf">Oct. 20 notice</a>&nbsp;that after a review of&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/19/missouri-marijuana-regulators-defend-product-testing-regime-in-aftermath-of-recall/">product-tracking records</a>, regulators can verify that “some of the marijuana products on recall contain THC solely sourced from marijuana grown in the Missouri regulated market.”The future of the other 45,000 products recalled on Aug. 14 — and those of dozens of marijuana businesses facing a steep financial loss if the products must be destroyed — is still pending.The Robertsonville-based marijuana manufacturer Delta Extraction has&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24013007-amended-complaint-delta">asked</a>&nbsp;the Administrative Hearing Commission to rescind the company’s license suspension and fully rollback the recall.&nbsp;A trial is scheduled for the beginning of December, if the division and company can’t work out an agreement before then.The key question&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/27/opposing-sides-of-missouri-marijuana-recall-to-face-off-in-administrative-hearing/">facing the division and commission</a>&nbsp;is how the recalled products were created — and whether that process poses a risk to public health.If Delta Extraction can present evidence showing the products were created safely, then there’s a possibility the state won’t order 45,000 products to be destroyed. The company could still likely face a hefty fine, and even license revocation, for&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/11/missouri-company-at-center-of-cannabis-recall-used-hemp-instead-of-marijuana-in-products/">importing a hemp product</a>&nbsp;into the state and adding it to Missouri-grown marijuana products.&nbsp;The commissioner overseeing Delta’s appeal of the recall and license suspension issued a&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24101687-protective-order-delta-extraction">protective order</a>&nbsp;on Oct. 25 that will allow some records in the case to be closed and confidential.&nbsp;Those records could include “trade secrets or financial and proprietary information,” the order states, as well as the division’s investigations of other licensees.&nbsp;<h2>The imported product</h2>At the center of the recall is a THC concentrate, or distillate, made partially from hemp.In August, the state accused the company of adding “hemp-derived chemically modified ‘converted’ cannabinoids” to marijuana products.Unlike marijuana, hemp has very little psychoactive properties naturally — which is why it was taken off the federal controlled substance list in the 2018 farm bill. But since then, businesses have been in a race to create ways to produce the most predominant psychoactive active element in marijuana, delta-9 THC, using the hemp plant.&nbsp;The most common way to get delta-9 THC from hemp is usually a chemical conversion process from CBD, which is the more common cannabinoid in hemp.&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/11/did-recalled-missouri-cannabis-products-pose-health-risks-regulators-arent-sure/">Cannabis lab experts say</a>&nbsp;it’s a process that could involve a variety of chemicals that Missouri marijuana labs don’t test for – making the labs unable to verify the product’s safety.And because hemp is no longer a controlled substance, no agency in Missouri or in the federal government is monitoring the production of chemically converted THC from hemp.&nbsp;However, the lab in Florida where Delta bought a good amount of product&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/25/missouri-cannabis-recall-hemp/">told The Independent in September&nbsp;</a>that its distillate wasn’t created using harsh chemicals, as the state suspected, but rather through the same extraction process employed in the regulated marijuana market.J.J. Coombs, owner and CEO of Arvida Labs in Fort Lauderdale, walked The Independent through the process to make the concentrated THC-A, which isn’t intoxicating unless you heat it up, at which point it turns into delta-9 THC.&nbsp;For example,&nbsp;<a target="_blank" href="https://www.medicalnewstoday.com/articles/can-you-get-high-from-eating-raw-weed">eating raw marijuana flower</a>&nbsp;won’t produce a high because there’s only a small amount of delta-9 THC but a lot of THC-A.&nbsp;It’s a fairly new process, Coombs said, that involves breeding hemp plants to have higher concentrations of the potentially intoxicating property THC-A.&nbsp;Hemp has very little THC-A, so it takes about 90 pounds of hemp to make 1 kilo of THC-A isolate, or powder, Coombs said.&nbsp;The confusion about Arvida Labs’ product being made using a chemical conversion process is understandable, Coombs said, because most people don’t know labs can extract large amounts of THC-A from the hemp plant.It’s a process neither the state nor Delta leaders could explain during the company’s appeal proceedings, regarding how it’s different from the CBD conversion process.Delta’s leadership testified the conversion process was being used, at one point, with its products — a revelation that&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/11/missouri-company-at-center-of-cannabis-recall-used-hemp-instead-of-marijuana-in-products/">shocked businesses</a>&nbsp;who purchased Delta’s distillate and thought it was made with 100% marijuana.&nbsp;Chemicals from this process is one concern, lab experts said, but another is the possibility that the hemp came from outside the United States — meaning they could contain foreign pesticides that cannabis labs don’t test for.&nbsp;Coombs said Arvida purchased the hemp from farmers in Texas, Tennessee and Kentucky who’ve learned to breed the plants to have higher concentrations of THC-A, using federally-approved strains. Any of the pesticides used in those states would have shown up on a lab test as being safe, Coombs said.Green Precision Analytics is one of the labs that Delta Extraction used to test the distillate at the heart of the recall. Anthony David, the lab’s owner and chief operating officer, told The Independent previously that he had no idea Delta was incorporating imported hemp in the products.David also said there was no trace of the THC coming from a chemical conversion process. Usually he can see a difference in curves of the chromatography, David said, but he didn’t in this case.&nbsp;Coombs said that’s because it was done through a normal extraction process.&nbsp;Coombs said that marijuana companies who purchased Delta’s distillate should not feel “duped” because the same extraction process used to get delta-9 THC from marijuana was used to get THC-A from hemp.&nbsp;“It’s the same exact thing,” he said. “There’s no difference. Hemp is cannabis, just with no delta-9 THC.”

Missouri rolls back part of its cannabis product recall

CALDWELL COUNTY —One person was injured in an accident just before 3a.m. Wednesday in Caldwell County.

The Missouri State Highway Patrol reported a 2020 Kenworth semi driven by Irvine E. McQueen, 42, St. Joseph, was eastbound on U.S. 36 four miles east of Hamilton.

The driver fell asleep and the vehicle traveled off the north side of the road and struck a stop sign.&nbsp; McQueen refused treatment at the scene. He was properly restrained, according to the MSHP.

CALDWELL COUNTY —One person was injured in an accident just before 3a.m. Wednesday in Caldwell County.The Missouri State Highway Patrol reported a 2020 Kenworth semi driven by Irvine E. McQueen, 42, St. Joseph, was eastbound on U.S. 36 four miles east of Hamilton.The driver fell asleep and the vehicle traveled off the north side of the road and struck a stop sign.&nbsp; McQueen refused treatment at the scene. He was properly restrained, according to the MSHP.

MSHP: St. Joseph man fell asleep, semi struck stop sign

ATCHISON COUNTY —A Kansas woman who spent time in jail in May is back in jail on new allegations.

On Monday, police arrested 39-year-old Natasha A. Schwarting of Atchison of requested charges of domestic battery in the 100 block South 7th. Street, according to Police Chief Mike Wilson.

She was in custody on a $2500 bond, according to online jail records.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1698757449176.png" alt="Schwarting-photo Atchison Co." />
 <figcaption>Schwarting-photo Atchison Co.</figcaption>
 </figure>ATCHISON COUNTY —A Kansas woman who spent time in jail in May is back in jail on new allegations.On Monday, police arrested 39-year-old Natasha A. Schwarting of Atchison of requested charges of domestic battery in the 100 block South 7th. Street, according to Police Chief Mike Wilson.She was in custody on a $2500 bond, according to online jail records.

Kansas woman accused of domestic battery

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

Secretary of State Jay Ashcroft wrote ballot titles for six proposals to restore abortion rights that were “replete with politically partisan language,” a Missouri appeals court unanimously ruled Tuesday.

In an expedited decision issued a&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/10/30/appeals-court-hears-arguments-over-ballot-title-for-missouri-abortion-amendment/">day after hearing arguments</a>, a three-judge panel of the Western District Court of Appeals upheld, with only minor revisions, the&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/25/judge-rejects-rewrites-summary-for-missouri-abortion-initiative-petition/">revised ballot titles</a>&nbsp;written by Cole County Circuit Judge Jon Beetem.

In a decision by a separate panel, the court&nbsp;<a target="_blank" href="https://www.courts.mo.gov/fv/c/Opinion.pdf?courtCode=WA&amp;di=439777">upheld the fiscal note summary</a>&nbsp;written by State Auditor Scott Fitzpatrick. Rejecting arguments from two lawmakers and an anti-abortion activist, the court said Fitzpatrick’s summary was “fair and sufficient.”

Ashcroft issued a statement that he would appeal the decision to the Missouri Supreme Court, a process likely to take several weeks. The ongoing court battle narrows the time for gathering signatures to put the proposal on the 2024. Backers must secure more than 170,000 signatures from registered voters by early May.

A key error in Ashcroft’s ballot titles, states&nbsp;<a target="_blank" href="https://www.courts.mo.gov/fv/c/Opinion.pdf?courtCode=WA&amp;di=439779">the opinion signed by Judge Thomas Chapman</a>, was its single-minded focus on how it would impact the legality of abortion. The proposed constitutional amendments, he wrote, cover all aspects of reproductive health care.

“The absence of any reference to a right to reproductive health care beyond abortion in the summary statements is misleading,” Chapman wrote.

There was little to be saved from Ashcroft’s summaries, he wrote.

“The secretary’s summary statements do not fairly describe the purposes and probable effects of the initiatives,” he wrote. “The secretary’s summary statements are replete with politically partisan language.”

Chapman zeroed in on particular phrases as especially troublesome. In the ballot title for each of the six proposals, Ashcroft wrote that passage would “nullify longstanding Missouri law protecting the right to life, including but not limited to partial-birth abortion.”

The phrase “right to life,” like its counterpart in the abortion debate, “right to choose,” is a partisan phrase intended to trigger a particular response, Chapman wrote.

“The use of the term ‘right to life’ is simply not an impartial term,” he wrote.

The same is true for “partial birth abortion,” he wrote, calling it “a politically charged phrase” that “carries no fixed definition.”

The lengthy battle to get ballot titles written began when Anna Fitz-James, a St. Louis physician, filed 11 proposed constitutional amendments with Ashcroft’s office in March on behalf of a political action committee called Missourians for Constitutional Freedom.

The proposals would amend the constitution to declare that the “government shall not infringe upon a person’s fundamental right to reproductive freedom.”&nbsp;

That would include “prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.” Penalties for both patients seeking reproductive-related care and medical providers would be outlawed.

Each version of the proposed amendment says there must be a “compelling governmental interest” for abortion restrictions to be put in place. But while some allow the legislature to regulate abortion after “fetal viability,” others draw the line at 24 weeks of gestation.&nbsp;

Some versions make it clear the state can enact parental consent laws for minors seeking abortions. Others leave the topic out entirely.&nbsp;

Under Missouri law, Ashcroft had up to 56 days to obtain certifications of the form and fiscal note, write a ballot title and certify the petition for circulation.

Attorney General Andrew Bailey tested his authority during that process, refusing to certify the fiscal note summary written by Fitzpatrick until the&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/07/20/missouri-supreme-court-rejects-ags-push-to-inflate-cost-of-abortion-rights-amendment/">Missouri Supreme Court ruled in July</a>&nbsp;that his role was limited to determining whether it fit the form required by law.

With legal backing of the ACLU of Missouri, Fitz-James sued Ashcroft over his ballot titles. That led to Beetem’s ruling on Sept. 25 and the subsequent appeal.

In a statement issued Tuesday, the ACLU called the appeals court ruling a complete victory.

“Today, the courts upheld Missourians’ constitutional right to direct democracy over the self-serving attacks of politicians desperately seeking to climb the political ladder,” the statement read. “The decision from Missouri Court of Appeals is a complete rebuke of the combined efforts from the Attorney General and Secretary of State to interfere and deny Missourian’s their right to initiative process.”

Ashcroft said in a statement that Missouri courts “refused to allow the truth to be known. The Western District essentially approved the language that was entirely rewritten by Judge Beetem. Not only is the language misleading but it is categorically false. The circuit court’s opinion admits the real issue is about abortion. The Western District today continued to gloss over the issue in its affirmation. We stand by our language and believe it fairly and accurately reflects the scope and magnitude of each petition.”

Bailey also said in a statement that he disagreed with the decision.

“We remain undeterred in our fight to protect the health and safety of women and children from the radical abortion activists working to turn Missouri into California,” Bailey said.

The appeals court ruling will likely guide litigation over similar language Ashcroft applied to proposals seeking to add rape and incest exceptions to the state’s abortion ban. Those ballot titles, on proposals pitched as a middle ground between the ban currently in place and more expansive rights included in the Fitz-James initiatives, are being&nbsp;<a target="_blank" href="https://missouriindependent.com/briefs/lawsuit-challenges-summary-fiscal-note-of-new-missouri-abortion-rights-petition/">challenged in a lawsuit filed last week</a>.&nbsp;

Abortion became illegal in Missouri in June 2022 when the U.S. Supreme Court overturned the landmark Roe v. Wade decision that recognized a constitutional right to abortion. The only exception is for emergency abortions to save the life of the mother or when there is “a serious risk of substantial and irreversible physical impairment of a major bodily function.”

In its ruling, the court of appeals upheld only one aspect of Ashcroft’s original ballot title – that the proposals would bar the government from discriminating against individuals or organizations that support reproductive rights or provide reproductive services.

The court restored the language, substituting “reproductive services” for “abortion” in Ashcroft’s sentence because “the Secretary’s singular focus on abortion in addressing the nondiscrimination provisions is, as previously noted, misleading.”

In upholding Beetem’s decision to rewrite all the ballot titles, Chapman said he had no choice.&nbsp;

“After removal of the inaccurate and partisan language of the secretary’s summary statements, the circuit court was left with largely unworkable summary statements,” Chapman wrote. “The circuit court was authorized to write alternative language to fulfill its responsibility that a fair and sufficient summary statement be certified.”

In the decision on the fiscal note summary, Judge Alok Ahuja, also writing for an unanimous panel, ruled that Fitzpatrick had accurately summarized the fiscal note. State Rep. Hannah Kelly, R-Mountain Grove, state Sen. Mary Elizabeth Coleman, R-Arnold, and Kathy Forck, a longtime anti-abortion advocate from New Bloomfield, filed the challenge, arguing that the state could lose federal Medicaid funding and trillions in future tax revenue.

Their briefs cited no authority that showed Medicaid funding was in danger and Fitzpatrick received no information from state agencies that showed it was likely, the court ruled.

On another point, the panel rejected the idea that Fitzpatrick should have used an estimated loss of revenue from Greene County and projected it statewide. The assumptions used by Greene County were dubious, Ahuja wrote, because they are based on a pure revenue-per-person calculation of local tax collections.

Newborns aren’t likely to have the same spending patterns as adults, Ahuja noted.

“Moreover, despite Kelly’s glib contention that extrapolating the Greene County estimate would be a ‘simple’ exercise, she ignores that sales and property tax rates are not uniform state-wide – nor are the value of real and personal property, or the wealth, income and consumption patterns of individuals and businesses,” Ahuja wrote

A panel of judges will decide whether summaries of the initiative petition should be rewritten

KANSAS CITY – Abortion rights initiatives&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/03/09/group-files-ballot-measures-adding-abortion-protections-to-missouri-constitution/">proposed for the 2024 Missouri ballot</a>&nbsp;would make it impossible for the state to protect women from unsanitary conditions at clinics, attorneys representing Secretary of State Jay Ashcroft argued to&nbsp; a panel of judges on Monday.

The restrictions on government regulation of abortions contained in the petitions would make safety and sanitation regulations unconstitutional, assistant attorney general Josh Divine told the Western District Court of Appeals.

“Under these petitions, every abortion becomes a back-alley abortion,” Divine said.

Ashcroft, who is an attorney, added his name to the list of attorneys representing his office but did not speak during the court hearing. He is&nbsp; appealing a&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/25/judge-rejects-rewrites-summary-for-missouri-abortion-initiative-petition/">decision issued late last month</a>&nbsp;that struck down his ballot summary for six proposals that would amend the Missouri Constitution to enshrine a right to abortion.

The petitions limit the ability of the strongly anti-abortion General Assembly to enact restrictions in place before abortions&nbsp;<a target="_blank" href="https://missouriindependent.com/2022/06/25/abortion-is-illegal-in-missouri-providers-look-to-next-frontier-to-ensure-access/">became illegal in 2022</a>&nbsp;such as waiting periods and that abortions only take place in licensed ambulatory care clinics.

The court did not rule at the end of arguments but is expected to make a decision fairly quickly. The ruling is almost certain to be appealed again to the Missouri Supreme Court.

The case concerns six of the 11 versions Anna Fitz-James, a St. Louis physician, filed with Ashcroft’s office in March on behalf of a political action committee called Missourians for Constitutional Freedom.&nbsp;

The ACLU of Missouri sued Ashcroft on Fitz-James’s behalf, arguing the secretary of state violated his duty to write impartial language that only summarizes the initiative. In his decision against Ashcroft’s ballot titles, Cole County Circuit Judge Jon Beetem concluded&nbsp; that “certain phrases included in the secretary’s summary are problematic in that they are argumentative or do not fairly describe the purposes or probable effect of the initiative.”&nbsp;

In his ruling, Beetem wrote that the problematic phrases Ashcroft used in his summary, which must be 100 words or less, include statements that the initiatives would allow “dangerous, unregulated and unrestricted abortions,” that abortion would be allowed “from conception to live birth” and could be performed by anyone “without requiring a medical license” or “potentially being subject to medical malpractice.”

In asking the three-judge panel to uphold Beetem’s decision, Tony Rothert, legal director of the ACLU of Missouri, said Ashcroft let his own views override his duty.

Ashcroft “pushed personal policy preferences over choosing an impartial summary statement,” Rothert said.

During his arguments, Divine said that provisions in Missouri law barring a woman from terminating a pregnancy because of the sex, race or other characteristic would be unenforceable. Judge Edward Ardini asked Rothert about that provision and a portion of Ashcroft’s statement that Missouri would be barred from discriminating against abortion providers in other programs.

Any statements about what would be and what would not be allowed as regulation of abortion is speculation, Rothert said.

“Nothing in the summary statements changes anything in Missouri law now,” Rothert said.

At a news conference after the hearing, Ashcroft said he used the most neutral language possible to describe the initiative.

“My official job in regards to an initiative petition is to tell the truth,” Ashcroft said. “If that is inferred as argumentative language, it is because the initiative petition required it.”

Along with the 100-word summary, initiatives also carry a summary of their financial impact on state and local governments of up to 50 words. That fiscal note summary became the focus of an initial round of litigation over the initiatives when Bailey refused to certify the language written by State Auditor Scott Fitzpatrick.

That case ended in July when&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/07/20/missouri-supreme-court-rejects-ags-push-to-inflate-cost-of-abortion-rights-amendment/">the Missouri Supreme Court ruled</a>&nbsp;Bailey had no authority to question the contents of Fitzpatrick’s fiscal note summary. State Rep. Hannah Kelly, R-Mountain Grove, state Sen. Mary Elizabeth Coleman, R-Arnold, and Kathy Forck, a longtime anti-abortion advocate from New Bloomfield, filed a challenge to the fiscal note summary, arguing that the state could lose federal Medicaid funding and trillions in future tax revenue.

Beetem upheld Fitzpatrick’s summary and on Monday, a separate panel of judges from the ballot title case heard an appeal.&nbsp;

Mary Catherine Martin, representing Kelly, Coleman and Forck, argued that Fitzpatrick had a duty to do more than just collect statements about the fiscal impact and summarize them.

“It raises many more questions than it answers and it fails to inform voters,” Martin said.

Robert Tillman, representing Fitzpatrick, said the summary is the best analysis Fitzpatrick could make in a limited time.&nbsp;

“If there are costs and savings, they would have been included in the fiscal note summary,” Tillman said.

The judges did not rule but from the questions, they seemed ready to back Fitzpatrick.

“It just seems like an auditor trying to do his job and he’s not getting a lot of information,” Judge Mark Pfeiffer said.

By law, it should take no more than 56 days after filing an initiative petition for the secretary of state to have a summary ready for circulation and signature gathering. The court battles have delayed signature gathering by seven months.

To make the 2024 ballot, backers must secure more than 170,000 signatures from registered voters by early May. Time is getting short, Rothert noted.

“Whether or not there will be enough time will depend on the people of Missouri,” he said, “and whether they are interested in it enough that it is possible to collect the signatures.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1698783687898.png" alt="Missouri Attorney General Andrew Bailey speaks to reporters Monday outside the Western District Court of Appeals building in Kansas City while Secretary of State Jay Ashcroft waits for his turn the microphones.&nbsp;Bailey and Ashcroft had just attended arguments over the abortion initiative ballot titles rewritten by a Cole County judge (Rudi Keller/Missouri Independent)." />
 <figcaption>Missouri Attorney General Andrew Bailey speaks to reporters Monday outside the Western District Court of Appeals building in Kansas City while Secretary of State Jay Ashcroft waits for his turn the microphones.&nbsp;Bailey and Ashcroft had just attended arguments over the abortion initiative ballot titles rewritten by a Cole County judge (Rudi Keller/Missouri Independent).</figcaption>
 </figure>By RUDI KELLER,&nbsp;<a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>Secretary of State Jay Ashcroft wrote ballot titles for six proposals to restore abortion rights that were “replete with politically partisan language,” a Missouri appeals court unanimously ruled Tuesday.In an expedited decision issued a&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/10/30/appeals-court-hears-arguments-over-ballot-title-for-missouri-abortion-amendment/">day after hearing arguments</a>, a three-judge panel of the Western District Court of Appeals upheld, with only minor revisions, the&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/25/judge-rejects-rewrites-summary-for-missouri-abortion-initiative-petition/">revised ballot titles</a>&nbsp;written by Cole County Circuit Judge Jon Beetem.In a decision by a separate panel, the court&nbsp;<a target="_blank" href="https://www.courts.mo.gov/fv/c/Opinion.pdf?courtCode=WA&amp;di=439777">upheld the fiscal note summary</a>&nbsp;written by State Auditor Scott Fitzpatrick. Rejecting arguments from two lawmakers and an anti-abortion activist, the court said Fitzpatrick’s summary was “fair and sufficient.”Ashcroft issued a statement that he would appeal the decision to the Missouri Supreme Court, a process likely to take several weeks. The ongoing court battle narrows the time for gathering signatures to put the proposal on the 2024. Backers must secure more than 170,000 signatures from registered voters by early May.A key error in Ashcroft’s ballot titles, states&nbsp;<a target="_blank" href="https://www.courts.mo.gov/fv/c/Opinion.pdf?courtCode=WA&amp;di=439779">the opinion signed by Judge Thomas Chapman</a>, was its single-minded focus on how it would impact the legality of abortion. The proposed constitutional amendments, he wrote, cover all aspects of reproductive health care.“The absence of any reference to a right to reproductive health care beyond abortion in the summary statements is misleading,” Chapman wrote.There was little to be saved from Ashcroft’s summaries, he wrote.“The secretary’s summary statements do not fairly describe the purposes and probable effects of the initiatives,” he wrote. “The secretary’s summary statements are replete with politically partisan language.”Chapman zeroed in on particular phrases as especially troublesome. In the ballot title for each of the six proposals, Ashcroft wrote that passage would “nullify longstanding Missouri law protecting the right to life, including but not limited to partial-birth abortion.”The phrase “right to life,” like its counterpart in the abortion debate, “right to choose,” is a partisan phrase intended to trigger a particular response, Chapman wrote.“The use of the term ‘right to life’ is simply not an impartial term,” he wrote.The same is true for “partial birth abortion,” he wrote, calling it “a politically charged phrase” that “carries no fixed definition.”The lengthy battle to get ballot titles written began when Anna Fitz-James, a St. Louis physician, filed 11 proposed constitutional amendments with Ashcroft’s office in March on behalf of a political action committee called Missourians for Constitutional Freedom.The proposals would amend the constitution to declare that the “government shall not infringe upon a person’s fundamental right to reproductive freedom.”&nbsp;That would include “prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.” Penalties for both patients seeking reproductive-related care and medical providers would be outlawed.Each version of the proposed amendment says there must be a “compelling governmental interest” for abortion restrictions to be put in place. But while some allow the legislature to regulate abortion after “fetal viability,” others draw the line at 24 weeks of gestation.&nbsp;Some versions make it clear the state can enact parental consent laws for minors seeking abortions. Others leave the topic out entirely.&nbsp;Under Missouri law, Ashcroft had up to 56 days to obtain certifications of the form and fiscal note, write a ballot title and certify the petition for circulation.Attorney General Andrew Bailey tested his authority during that process, refusing to certify the fiscal note summary written by Fitzpatrick until the&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/07/20/missouri-supreme-court-rejects-ags-push-to-inflate-cost-of-abortion-rights-amendment/">Missouri Supreme Court ruled in July</a>&nbsp;that his role was limited to determining whether it fit the form required by law.With legal backing of the ACLU of Missouri, Fitz-James sued Ashcroft over his ballot titles. That led to Beetem’s ruling on Sept. 25 and the subsequent appeal.In a statement issued Tuesday, the ACLU called the appeals court ruling a complete victory.“Today, the courts upheld Missourians’ constitutional right to direct democracy over the self-serving attacks of politicians desperately seeking to climb the political ladder,” the statement read. “The decision from Missouri Court of Appeals is a complete rebuke of the combined efforts from the Attorney General and Secretary of State to interfere and deny Missourian’s their right to initiative process.”Ashcroft said in a statement that Missouri courts “refused to allow the truth to be known. The Western District essentially approved the language that was entirely rewritten by Judge Beetem. Not only is the language misleading but it is categorically false. The circuit court’s opinion admits the real issue is about abortion. The Western District today continued to gloss over the issue in its affirmation. We stand by our language and believe it fairly and accurately reflects the scope and magnitude of each petition.”Bailey also said in a statement that he disagreed with the decision.“We remain undeterred in our fight to protect the health and safety of women and children from the radical abortion activists working to turn Missouri into California,” Bailey said.The appeals court ruling will likely guide litigation over similar language Ashcroft applied to proposals seeking to add rape and incest exceptions to the state’s abortion ban. Those ballot titles, on proposals pitched as a middle ground between the ban currently in place and more expansive rights included in the Fitz-James initiatives, are being&nbsp;<a target="_blank" href="https://missouriindependent.com/briefs/lawsuit-challenges-summary-fiscal-note-of-new-missouri-abortion-rights-petition/">challenged in a lawsuit filed last week</a>.&nbsp;Abortion became illegal in Missouri in June 2022 when the U.S. Supreme Court overturned the landmark Roe v. Wade decision that recognized a constitutional right to abortion. The only exception is for emergency abortions to save the life of the mother or when there is “a serious risk of substantial and irreversible physical impairment of a major bodily function.”In its ruling, the court of appeals upheld only one aspect of Ashcroft’s original ballot title – that the proposals would bar the government from discriminating against individuals or organizations that support reproductive rights or provide reproductive services.The court restored the language, substituting “reproductive services” for “abortion” in Ashcroft’s sentence because “the Secretary’s singular focus on abortion in addressing the nondiscrimination provisions is, as previously noted, misleading.”In upholding Beetem’s decision to rewrite all the ballot titles, Chapman said he had no choice.&nbsp;“After removal of the inaccurate and partisan language of the secretary’s summary statements, the circuit court was left with largely unworkable summary statements,” Chapman wrote. “The circuit court was authorized to write alternative language to fulfill its responsibility that a fair and sufficient summary statement be certified.”In the decision on the fiscal note summary, Judge Alok Ahuja, also writing for an unanimous panel, ruled that Fitzpatrick had accurately summarized the fiscal note. State Rep. Hannah Kelly, R-Mountain Grove, state Sen. Mary Elizabeth Coleman, R-Arnold, and Kathy Forck, a longtime anti-abortion advocate from New Bloomfield, filed the challenge, arguing that the state could lose federal Medicaid funding and trillions in future tax revenue.Their briefs cited no authority that showed Medicaid funding was in danger and Fitzpatrick received no information from state agencies that showed it was likely, the court ruled.On another point, the panel rejected the idea that Fitzpatrick should have used an estimated loss of revenue from Greene County and projected it statewide. The assumptions used by Greene County were dubious, Ahuja wrote, because they are based on a pure revenue-per-person calculation of local tax collections.Newborns aren’t likely to have the same spending patterns as adults, Ahuja noted.“Moreover, despite Kelly’s glib contention that extrapolating the Greene County estimate would be a ‘simple’ exercise, she ignores that sales and property tax rates are not uniform state-wide – nor are the value of real and personal property, or the wealth, income and consumption patterns of individuals and businesses,” Ahuja wrote----------------<h2>A panel of judges will decide whether summaries of the initiative petition should be rewritten</h2>By RUDI KELLER,&nbsp;<a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>KANSAS CITY – Abortion rights initiatives&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/03/09/group-files-ballot-measures-adding-abortion-protections-to-missouri-constitution/">proposed for the 2024 Missouri ballot</a>&nbsp;would make it impossible for the state to protect women from unsanitary conditions at clinics, attorneys representing Secretary of State Jay Ashcroft argued to&nbsp; a panel of judges on Monday.The restrictions on government regulation of abortions contained in the petitions would make safety and sanitation regulations unconstitutional, assistant attorney general Josh Divine told the Western District Court of Appeals.“Under these petitions, every abortion becomes a back-alley abortion,” Divine said.Ashcroft, who is an attorney, added his name to the list of attorneys representing his office but did not speak during the court hearing. He is&nbsp; appealing a&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/09/25/judge-rejects-rewrites-summary-for-missouri-abortion-initiative-petition/">decision issued late last month</a>&nbsp;that struck down his ballot summary for six proposals that would amend the Missouri Constitution to enshrine a right to abortion.The petitions limit the ability of the strongly anti-abortion General Assembly to enact restrictions in place before abortions&nbsp;<a target="_blank" href="https://missouriindependent.com/2022/06/25/abortion-is-illegal-in-missouri-providers-look-to-next-frontier-to-ensure-access/">became illegal in 2022</a>&nbsp;such as waiting periods and that abortions only take place in licensed ambulatory care clinics.The court did not rule at the end of arguments but is expected to make a decision fairly quickly. The ruling is almost certain to be appealed again to the Missouri Supreme Court.The case concerns six of the 11 versions Anna Fitz-James, a St. Louis physician, filed with Ashcroft’s office in March on behalf of a political action committee called Missourians for Constitutional Freedom.&nbsp;The ACLU of Missouri sued Ashcroft on Fitz-James’s behalf, arguing the secretary of state violated his duty to write impartial language that only summarizes the initiative. In his decision against Ashcroft’s ballot titles, Cole County Circuit Judge Jon Beetem concluded&nbsp; that “certain phrases included in the secretary’s summary are problematic in that they are argumentative or do not fairly describe the purposes or probable effect of the initiative.”&nbsp;In his ruling, Beetem wrote that the problematic phrases Ashcroft used in his summary, which must be 100 words or less, include statements that the initiatives would allow “dangerous, unregulated and unrestricted abortions,” that abortion would be allowed “from conception to live birth” and could be performed by anyone “without requiring a medical license” or “potentially being subject to medical malpractice.”In asking the three-judge panel to uphold Beetem’s decision, Tony Rothert, legal director of the ACLU of Missouri, said Ashcroft let his own views override his duty.Ashcroft “pushed personal policy preferences over choosing an impartial summary statement,” Rothert said.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1698783742866.png" alt=" Tony Rothert, legal director of the ACLU of Missouri, speaks to reporters Monday outside the Western District Court of Appeals building in Kansas City. Rothert had just argued in favor of keeping abortion initiative ballot titles rewritten by a Cole County judge (Rudi Keller/Missouri Independent)." />
 <figcaption> Tony Rothert, legal director of the ACLU of Missouri, speaks to reporters Monday outside the Western District Court of Appeals building in Kansas City. Rothert had just argued in favor of keeping abortion initiative ballot titles rewritten by a Cole County judge (Rudi Keller/Missouri Independent).</figcaption>
 </figure>During his arguments, Divine said that provisions in Missouri law barring a woman from terminating a pregnancy because of the sex, race or other characteristic would be unenforceable. Judge Edward Ardini asked Rothert about that provision and a portion of Ashcroft’s statement that Missouri would be barred from discriminating against abortion providers in other programs.Any statements about what would be and what would not be allowed as regulation of abortion is speculation, Rothert said.“Nothing in the summary statements changes anything in Missouri law now,” Rothert said.At a news conference after the hearing, Ashcroft said he used the most neutral language possible to describe the initiative.“My official job in regards to an initiative petition is to tell the truth,” Ashcroft said. “If that is inferred as argumentative language, it is because the initiative petition required it.”Along with the 100-word summary, initiatives also carry a summary of their financial impact on state and local governments of up to 50 words. That fiscal note summary became the focus of an initial round of litigation over the initiatives when Bailey refused to certify the language written by State Auditor Scott Fitzpatrick.That case ended in July when&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/07/20/missouri-supreme-court-rejects-ags-push-to-inflate-cost-of-abortion-rights-amendment/">the Missouri Supreme Court ruled</a>&nbsp;Bailey had no authority to question the contents of Fitzpatrick’s fiscal note summary. State Rep. Hannah Kelly, R-Mountain Grove, state Sen. Mary Elizabeth Coleman, R-Arnold, and Kathy Forck, a longtime anti-abortion advocate from New Bloomfield, filed a challenge to the fiscal note summary, arguing that the state could lose federal Medicaid funding and trillions in future tax revenue.Beetem upheld Fitzpatrick’s summary and on Monday, a separate panel of judges from the ballot title case heard an appeal.&nbsp;Mary Catherine Martin, representing Kelly, Coleman and Forck, argued that Fitzpatrick had a duty to do more than just collect statements about the fiscal impact and summarize them.“It raises many more questions than it answers and it fails to inform voters,” Martin said.Robert Tillman, representing Fitzpatrick, said the summary is the best analysis Fitzpatrick could make in a limited time.&nbsp;“If there are costs and savings, they would have been included in the fiscal note summary,” Tillman said.The judges did not rule but from the questions, they seemed ready to back Fitzpatrick.“It just seems like an auditor trying to do his job and he’s not getting a lot of information,” Judge Mark Pfeiffer said.By law, it should take no more than 56 days after filing an initiative petition for the secretary of state to have a summary ready for circulation and signature gathering. The court battles have delayed signature gathering by seven months.To make the 2024 ballot, backers must secure more than 170,000 signatures from registered voters by early May. Time is getting short, Rothert noted.“Whether or not there will be enough time will depend on the people of Missouri,” he said, “and whether they are interested in it enough that it is possible to collect the signatures.”

Appeals court swats down Ashcroft arguments on Mo. abortion rights petitions

Trick-or-treaters will be out and about across&nbsp; the area tonight, but it'll be pretty cold out this Halloween night across the region.

Highs Tuesday are only expected to reach the upper 30s and lows Tuesday night could drop into the&nbsp; mid-to-upper teens.

Stephanie Malita, a health educator with the St. Joseph Health Department, says having your young ones wear extra layers tonight is key.

"Make sure heads and ears are covered," she said. "Make sure hands have gloves on them. And if you're a parent taking younger kids out, just pay attention to how they're doing."

Malita also says using extra caution on the roads, especially in residential neighborhoods, is key.

"Make certain you're watching for kids darting out from between cars," she noted. "Make sure, like when we talk about layering (clothing), make sure that outer layer has something reflective on it."

Malita also notes that hand washing and getting needed rest on Halloween night is also important for young kids to stay healthy.

As far as the weather goes, the good news is - winds are expected to die down by nightfall and there is no precipitation expected.­

<figure>
 <img src="https://media.eaglewebservices.com/public/2021/10/1633387632556.jpeg" alt="Stock photo." />
 <figcaption>Stock photo.</figcaption>
 </figure>By TOMMY REZACSt. Joseph PostTrick-or-treaters will be out and about across&nbsp; the area tonight, but it'll be pretty cold out this Halloween night across the region.Highs Tuesday are only expected to reach the upper 30s and lows Tuesday night could drop into the&nbsp; mid-to-upper teens.Stephanie Malita, a health educator with the St. Joseph Health Department, says having your young ones wear extra layers tonight is key."Make sure heads and ears are covered," she said. "Make sure hands have gloves on them. And if you're a parent taking younger kids out, just pay attention to how they're doing."Malita also says using extra caution on the roads, especially in residential neighborhoods, is key."Make certain you're watching for kids darting out from between cars," she noted. "Make sure, like when we talk about layering (clothing), make sure that outer layer has something reflective on it."Malita also notes that hand washing and getting needed rest on Halloween night is also important for young kids to stay healthy.As far as the weather goes, the good news is - winds are expected to die down by nightfall and there is no precipitation expected.­

St. Joseph Health Department urges safety, warm clothing this Halloween

Buchanan County deputies will be out in force tonight, making
sure trick or treaters are safe from sex offenders.

Sheriff Bill Puett says his department takes very seriously
its duty to make sure those on the sex offender registry list abide by the
rules and have nothing to do with handing out candy to children tonight. Puett
says deputies will begin checking on the residences of registered sex offenders
early in the evening and could well return later in the evening.

“We don’t want to check early and then somebody think that,
hey, well the sheriff’s been here so we’re going to go ahead and throw the
light on and do this and do that and violate that sex offender registry statute,”
Puett says.

Bill Puett says his deputies are very thorough.

“We look for all the violations,” Puett says. “Is the property
posted? Are the lights off and not handing out candy? Are they there, like they’re
supposed to be? All those things.”

Under both state and federal law, anyone on the sex offender registry list cannot participate in any way in any Halloween activities involving children, including handing out candy to trick or treaters tonight.

Puett says up to 19 two-person teams will be out tonight to
make sure registered sex offenders comply with the law. Puett says his
department receives help from the St. Joseph Police Department, the Missouri
State Highway Patrol, and even the U.S. Marshal’s Office, which looks for
violations of federal sex offender statues. Volunteers also join the effort on Halloween.

Puett says offenders, for the most part, obey the law.

“Typically, we have very, very good compliance and most everybody
follows the statute. Whether they like it or not, they know it exists,”
according to Puett. “They know the consequences for not following the law. And
so, they will do that. They do what they’re supposed to.”

Puett says that on any given Halloween, his department finds
only one or two offenders who violate state and federal law.

By BRENT MARTINSt. Joseph PostBuchanan County deputies will be out in force tonight, making
sure trick or treaters are safe from sex offenders.Sheriff Bill Puett says his department takes very seriously
its duty to make sure those on the sex offender registry list abide by the
rules and have nothing to do with handing out candy to children tonight. Puett
says deputies will begin checking on the residences of registered sex offenders
early in the evening and could well return later in the evening.“We don’t want to check early and then somebody think that,
hey, well the sheriff’s been here so we’re going to go ahead and throw the
light on and do this and do that and violate that sex offender registry statute,”
Puett says.Bill Puett says his deputies are very thorough.“We look for all the violations,” Puett says. “Is the property
posted? Are the lights off and not handing out candy? Are they there, like they’re
supposed to be? All those things.”Under both state and federal law, anyone on the sex offender registry list cannot participate in any way in any Halloween activities involving children, including handing out candy to trick or treaters tonight.Puett says up to 19 two-person teams will be out tonight to
make sure registered sex offenders comply with the law. Puett says his
department receives help from the St. Joseph Police Department, the Missouri
State Highway Patrol, and even the U.S. Marshal’s Office, which looks for
violations of federal sex offender statues. Volunteers also join the effort on Halloween.Puett says offenders, for the most part, obey the law.“Typically, we have very, very good compliance and most everybody
follows the statute. Whether they like it or not, they know it exists,”
according to Puett. “They know the consequences for not following the law. And
so, they will do that. They do what they’re supposed to.”Puett says that on any given Halloween, his department finds
only one or two offenders who violate state and federal law.

Buchanan CO deputies to enforce Halloween sex offender registry compliance

MERCER COUNTY—One person was injured in an accident just after 2a.m. Tuesday in Mercer County.

The Missouri State Highway Patrol reported a 2004 Ford Ranger driven by Luka D. Nicholas, 21, Princeton, Mo, was southbound on Highway A one half mile north of Modena.

The pickup traveled off the west side of the road and struck a mail box. The pickup then returned to the road, skidded off the easst side of th road and overturned.

A private vehicle transported Nicholas to Wright Memorial Hospital. He was properly restrained, according to the MSHP.

MERCER COUNTY—One person was injured in an accident just after 2a.m. Tuesday in Mercer County.The Missouri State Highway Patrol reported a 2004 Ford Ranger driven by Luka D. Nicholas, 21, Princeton, Mo, was southbound on Highway A one half mile north of Modena.The pickup traveled off the west side of the road and struck a mail box. The pickup then returned to the road, skidded off the easst side of th road and overturned.A private vehicle transported Nicholas to Wright Memorial Hospital. He was properly restrained, according to the MSHP.

Mo. man injured after pickup strikes mailbox, overturns

An Overland Park woman, fleeing law enforcement, died in a
fiery crash in Caldwell County.

The Missouri State Highway Patrol reports 46-year-old Sheila
Roesch died at the scene, Missouri Highway 13 two miles north of Kingston.

The patrol reports Roesch was fleeing Ray County law
enforcement shortly before seven o’clock Monday morning when she drove through
a construction barrier, went off the east side of Highway 13, struck a vertical
light trailer, and went down an embankment, where flames engulfed her car.

Roesch was pronounced dead at the scene. The Caldwell County Coroner transported her to Bram Funeral Home in Hamilton.

In June, Roesch was jailed in Johnson County on a requested charge of aggravated domestic battery, according to online jail records.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1698713067647.png" alt="Shelia Roesch/Photo courtesy of Johnson County" />
 <figcaption>Shelia Roesch/Photo courtesy of Johnson County</figcaption>
 </figure>By BRENT MARTINSt. Joseph PostAn Overland Park woman, fleeing law enforcement, died in a
fiery crash in Caldwell County.The Missouri State Highway Patrol reports 46-year-old Sheila
Roesch died at the scene, Missouri Highway 13 two miles north of Kingston.The patrol reports Roesch was fleeing Ray County law
enforcement shortly before seven o’clock Monday morning when she drove through
a construction barrier, went off the east side of Highway 13, struck a vertical
light trailer, and went down an embankment, where flames engulfed her car.Roesch was pronounced dead at the scene. The Caldwell County Coroner transported her to Bram Funeral Home in Hamilton.In June, Roesch was jailed in Johnson County on a requested charge of aggravated domestic battery, according to online jail records.&nbsp;

Overland Park woman dies in fiery crash fleeing police in Caldwell CO

ATCHISON COUNTY —Law enforcement authorities are investigating a Kansas man with a history of crime on new allegations.

On Sunday, police arrested 26-year-old Colton L. Meyer, 26 of Atchison on requested charges of domestic battery in connection with an incident in the 400 block South 10th Street in Atchison, according to Police Chief Mike Wilson.

In September, Meyer was jailed for an alleged felony probation violation and bond and probation violations in July.&nbsp; In March, police arrested him for a domestic battery incident and drug possession.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1698673014597.png" alt="Meyer-photo Atchison Co." />
 <figcaption>Meyer-photo Atchison Co.</figcaption>
 </figure>ATCHISON COUNTY —Law enforcement authorities are investigating a Kansas man with a history of crime on new allegations.On Sunday, police arrested 26-year-old Colton L. Meyer, 26 of Atchison on requested charges of domestic battery in connection with an incident in the 400 block South 10th Street in Atchison, according to Police Chief Mike Wilson.In September, Meyer was jailed for an alleged felony probation violation and bond and probation violations in July.&nbsp; In March, police arrested him for a domestic battery incident and drug possession.

Kan. man with a history of domestic violence is jailed again

State Sen. Karla May wrote a letter to the Missouri Division of Cannabis Regulation, following a report by The Independent last week about a company that recruited social equity license applicants on Craigslist

A St. Louis lawmaker is demanding that Missouri regulators investigate what she called an “egregious exploitation” of social cannabis equity licenses, following a&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/10/26/applicants-recruited-on-craigslist-competed-for-missouri-social-equity-cannabis-licenses/">report</a>&nbsp;by The Independent last week about a company that recruited out-of-state license applicants on Craigslist.&nbsp;

State Sen. Karla May, a St. Louis Democrat, sent a&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24095840-senator-may-letter-to-dhss-cannabis-regulation">letter</a>&nbsp;on Thursday to the state’s Division of Cannabis Regulation and Missouri Attorney General Andrew Bailey demanding action.

Voters approved the microbusiness program last November, as a provision in the constitutional amendment that legalized recreational marijuana. May wrote that the program was intended to “rectify past injustices” of marijuana criminalization.&nbsp;

“I condemn these actions as an affront to the principles that guided the citizens’ initiative,” May stated. “The people of Missouri spoke loud and clear in their support for a fair, inclusive cannabis industry that addresses historical disparities. It is disheartening to see bad actors attempt to exploit the system for personal gain, undermining the very opportunities we sought to create.”

May’s letter was sent hours after The Independent published a story revealing that a Michigan real estate group, Canna Zoned MLS, offered to pay eligible people to enter lotteries awarding social equity licenses in Illinois and Missouri.&nbsp;

But two applicants told The Independent that they didn’t realize the company’s contracts forced them to relinquish all control and profits of the business, according to an agreement they said they signed.&nbsp;

On Oct. 2, the state issued 48 licenses to the winners of a lottery that determined who gets to participate in Missouri’s&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/06/28/missouri-holds-outreach-events-in-run-up-to-lottery-for-cannabis-microbusiness-licenses/">microbusiness program</a>. Of the 16 dispensary licenses awarded, the Michigan group obtained two of them — one in Columbia and the other in Arnold.

“The schemes orchestrated by these applicants potentially involve fraudulent activities,” May said, “gaming the system to secure licenses through the exploitation of legacy advantages that the ballot language aimed to mitigate.”&nbsp;

Jeffrey Yatooma, the designated contact on licenses associated with the Michigan group, told The Independent last week that&nbsp;the group rejects “any allegations that we have defrauded the state.” Any final agreements with partners in Missouri, he said, “will absolutely comply with all state laws and regulations.”&nbsp;

In response to May’s letter, Yatooma told The Independent he stands by his previous statements.

Division of Cannabis Regulation Director Amy Moore responded to May in a&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24095839-letter-to-senator-may">letter</a>&nbsp;Friday morning.&nbsp;

Moore said the division shares the senator’s desire that the program be “implemented exactly as designed and that no unscrupulous actors be allowed to subvert the law.”&nbsp;

“In fact, the law itself anticipated the need to investigate whether microbusiness licenses were awarded to eligible applicants post licensure,” she said, “and we are currently conducting that mandated verification process.”

Moore said the division’s “post-licensure verification” for the 48 license winners will be completed in early December, followed by a public report of the results.

“If we determine that an application was false or misleading in any way, the license issued based on that application may be revoked,” Moore said.&nbsp;

The division has broad authority to conduct investigations.

Under a new&nbsp;<a target="_blank" href="https://health.mo.gov/safety/cannabis/pdf/19csr100-proposed-rules-filed-051523.pdf">rule</a>&nbsp;that went into effect on July 30, the&nbsp;department now has the&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/07/28/missouri-regulators-can-now-subpoena-records-from-marijuana-facilities/">power to issue subpoenas</a>&nbsp;directly to licensed marijuana businesses and third parties during an investigation to obtain records and information.&nbsp;

“Applicants and licensees must cooperate in any investigation conducted by the department,” the rules state.

In her letter, Moore said that if the division uncovers activity “that is of concern but outside our jurisdiction, we will refer that information to the appropriate authority.”

The attorney general’s office, which also received the letter, did not respond to a request for comment.&nbsp;

After reading The Independent’s article, state Rep. Ashley Bland-Manlove, a Kansas City Democrat, called the actions “predatory and criminal.”&nbsp;

“I encourage all states involved to revoke any licenses issued and reissue them to actual residents who qualify,” she said. “I’d like to see criminal charges for the lawyers who created the contacts and whomever created the Craigslist posts for fraud.”&nbsp;

Jack Cardetti, spokesman for the Missouri Cannabis Trade Association, said it’s up to the division’s verification process to make sure the laws and rules were followed.&nbsp;

“Article 14 of the Missouri Constitution entrusts the agency to run this voter-approved program effectively,” he said, “and we hope they live up to that.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1698668144157.png" alt="Voters approved the microbusiness program last November, as a provision in the constitutional amendment that legalized recreational marijuana (Rebecca Rivas/Missouri Independent)" />
 <figcaption>Voters approved the microbusiness program last November, as a provision in the constitutional amendment that legalized recreational marijuana (Rebecca Rivas/Missouri Independent)</figcaption>
 </figure><h2>State Sen. Karla May wrote a letter to the Missouri Division of Cannabis Regulation, following a report by The Independent last week about a company that recruited social equity license applicants on Craigslist</h2>By REBECCA RIVAS,&nbsp;<a href="https://missouriindependent.com/briefs/missouri-senate-committee-advances-bill-to-ban-texting-while-driving/">Missouri Independent</a>A St. Louis lawmaker is demanding that Missouri regulators investigate what she called an “egregious exploitation” of social cannabis equity licenses, following a&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/10/26/applicants-recruited-on-craigslist-competed-for-missouri-social-equity-cannabis-licenses/">report</a>&nbsp;by The Independent last week about a company that recruited out-of-state license applicants on Craigslist.&nbsp;State Sen. Karla May, a St. Louis Democrat, sent a&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24095840-senator-may-letter-to-dhss-cannabis-regulation">letter</a>&nbsp;on Thursday to the state’s Division of Cannabis Regulation and Missouri Attorney General Andrew Bailey demanding action.Voters approved the microbusiness program last November, as a provision in the constitutional amendment that legalized recreational marijuana. May wrote that the program was intended to “rectify past injustices” of marijuana criminalization.&nbsp;“I condemn these actions as an affront to the principles that guided the citizens’ initiative,” May stated. “The people of Missouri spoke loud and clear in their support for a fair, inclusive cannabis industry that addresses historical disparities. It is disheartening to see bad actors attempt to exploit the system for personal gain, undermining the very opportunities we sought to create.”May’s letter was sent hours after The Independent published a story revealing that a Michigan real estate group, Canna Zoned MLS, offered to pay eligible people to enter lotteries awarding social equity licenses in Illinois and Missouri.&nbsp;But two applicants told The Independent that they didn’t realize the company’s contracts forced them to relinquish all control and profits of the business, according to an agreement they said they signed.&nbsp;On Oct. 2, the state issued 48 licenses to the winners of a lottery that determined who gets to participate in Missouri’s&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/06/28/missouri-holds-outreach-events-in-run-up-to-lottery-for-cannabis-microbusiness-licenses/">microbusiness program</a>. Of the 16 dispensary licenses awarded, the Michigan group obtained two of them — one in Columbia and the other in Arnold.“The schemes orchestrated by these applicants potentially involve fraudulent activities,” May said, “gaming the system to secure licenses through the exploitation of legacy advantages that the ballot language aimed to mitigate.”&nbsp;Jeffrey Yatooma, the designated contact on licenses associated with the Michigan group, told The Independent last week that&nbsp;the group rejects “any allegations that we have defrauded the state.” Any final agreements with partners in Missouri, he said, “will absolutely comply with all state laws and regulations.”&nbsp;In response to May’s letter, Yatooma told The Independent he stands by his previous statements.Division of Cannabis Regulation Director Amy Moore responded to May in a&nbsp;<a target="_blank" href="https://www.documentcloud.org/documents/24095839-letter-to-senator-may">letter</a>&nbsp;Friday morning.&nbsp;Moore said the division shares the senator’s desire that the program be “implemented exactly as designed and that no unscrupulous actors be allowed to subvert the law.”&nbsp;“In fact, the law itself anticipated the need to investigate whether microbusiness licenses were awarded to eligible applicants post licensure,” she said, “and we are currently conducting that mandated verification process.”Moore said the division’s “post-licensure verification” for the 48 license winners will be completed in early December, followed by a public report of the results.“If we determine that an application was false or misleading in any way, the license issued based on that application may be revoked,” Moore said.&nbsp;The division has broad authority to conduct investigations.Under a new&nbsp;<a target="_blank" href="https://health.mo.gov/safety/cannabis/pdf/19csr100-proposed-rules-filed-051523.pdf">rule</a>&nbsp;that went into effect on July 30, the&nbsp;department now has the&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/07/28/missouri-regulators-can-now-subpoena-records-from-marijuana-facilities/">power to issue subpoenas</a>&nbsp;directly to licensed marijuana businesses and third parties during an investigation to obtain records and information.&nbsp;“Applicants and licensees must cooperate in any investigation conducted by the department,” the rules state.In her letter, Moore said that if the division uncovers activity “that is of concern but outside our jurisdiction, we will refer that information to the appropriate authority.”The attorney general’s office, which also received the letter, did not respond to a request for comment.&nbsp;After reading The Independent’s article, state Rep. Ashley Bland-Manlove, a Kansas City Democrat, called the actions “predatory and criminal.”&nbsp;“I encourage all states involved to revoke any licenses issued and reissue them to actual residents who qualify,” she said. “I’d like to see criminal charges for the lawyers who created the contacts and whomever created the Craigslist posts for fraud.”&nbsp;Jack Cardetti, spokesman for the Missouri Cannabis Trade Association, said it’s up to the division’s verification process to make sure the laws and rules were followed.&nbsp;“Article 14 of the Missouri Constitution entrusts the agency to run this voter-approved program effectively,” he said, “and we hope they live up to that.”

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