A circuit court in May ruled that both a county and a local municipality can impose a 3% sales tax at dispensaries in their jurisdictions

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

The court debate Tuesday over how Missouri marijuana products get taxed statewide sounded similar to a grammar class on conjunctions and comma placement.

The constitutional amendment voters approved in 2022 legalizing recreational marijuana allowed local governments to impose additional sales tax on the products.

The big question before the three-judge panel of the Missouri Court of Appeals Eastern District on Tuesday was: what did voters intend by “local government?”

Attorneys for St. Louis and St. Charles counties argued the word “and” is key in the definition laid out in the constitutional amendment.

It states that “local government” means, “in the case of an incorporated area, a village, town, or city; and, in the case of an unincorporated area, a county.”&nbsp;

The counties asked the appellate judges to uphold a&nbsp;<a href="https://missouriindependent.com/briefs/missouri-judge-rules-local-governments-can-stack-sales-tax-on-marijuana/">lower court’s interpretation in May</a>&nbsp;that both a county and a local municipality can impose a 3% sales tax at dispensaries in their jurisdictions.

However, Florissant-based dispensary Robust Missouri 3 LLC argued that the comma placement is key.&nbsp;

“While ‘and’ typically functions as a conjunction, here it connects two distinct clauses—one for incorporated areas and one for unincorporated areas — under the framework of ‘in the case of,’ which delineates separate alternatives,” states Robust’s reply brief.

Attorneys for Robust said Tuesday that voters didn’t intend for two local governments – in its case, St. Louis County and the City of Florissant — to both add taxes, resulting in a 14.988% sales tax rate.

To put that in perspective, the highest&nbsp;<a href="https://dor.mo.gov/pdf/rates/2024/oct2024.pdf" target="_blank">adult-use marijuana sales tax</a>&nbsp;in Missouri is in Florissant’s neighboring cities of Hazelwood and St. Ann, with 17.988%.

Looking beyond the grammar, appellate judges asked about the possibility of “absurd outcomes” that St. Louis County Circuit Judge Brian May wrote about in his ruling if the court accepted Robust’s definition of local government.

May wrote that if Robust’s interpretation of the amendment were accepted,&nbsp; “then a municipality or city would essentially be given carte blanche to ignore any county ordinance or regulation, including those related to public health and safety wholly unrelated to the taxing issue.”&nbsp;

May was largely talking about public health regulations because public health in Florissant is regulated by St. Louis County.

On Tuesday, Judge Robert Clayton asked Robust’s attorney Eric Walter: “If we accept your definition, all those county regulations or everything else will be no longer applicable on these particular types of businesses.”

Walter replied that the Missouri Department of Health and Senior Services, the state agency tasked with regulating cannabis businesses, requires “that you’re compliant with all the local government regulations.”

Both attorneys for the counties and Robust declined to comment on Tuesday’s hearing.&nbsp;

Following May’s ruling, the Missouri Association of Counties executive director Steve Hobbs said the association has strongly advocated that counties have the ability to do levvy their own taxes.

“The bulk of the counties around the state had gone to the voters and asked them to implement this tax,” Hobbs told The Independent in May. “And I think every one of them approved of it. I think [the ruling] removes some uncertainty from those counties.”&nbsp;

On the other side, leaders of the marijuana industry have called the effort to collect both taxes an “unconstitutional money grab” that violates the terms of the amendment.

Jack Cardetti, spokesman for the Missouri Cannabis Trade Association said the appellate judges Tuesday seemed “very prepared and well versed on the issue.”

“Obviously much of the discussion centered around the definition of local government in Missouri’s Constitution, which we saw as a good sign,” Cardetti said. “As we enter year two of Missouri cannabis consumers paying roughly $3 million more each month than they should, we hope to bring customers relief as quickly as possible.”

A&nbsp;<a href="https://missouriindependent.com/2023/10/17/pair-of-lawsuits-challenge-whether-missouri-counties-can-stack-tax-on-marijuana-sales/">similar appeals case&nbsp;</a>out of Buchanan County is also pending.

St. Joseph dispensary Vertical Enterprises&nbsp;<a href="https://www.courts.mo.gov/fv/c/Petition%20for%20Permanent%20Injunction.PDF?courtCode=05&amp;di=3490483" target="_blank">sued Buchanan County Collector Peggy Campbell</a>, arguing that it, too, would be “irreparably harmed” if both taxes were imposed.

Also in May, Circuit Judge Daniel Kellogg&nbsp;<a href="https://www.courts.mo.gov/fv/c/JUDGMENT.pdf?courtCode=05&amp;di=3746408" target="_blank">ruled</a>&nbsp;that the marijuana law does not limit the taxing power of counties within corporate limits of towns and cities.

A hearing date for this case has not yet been set.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1705580505128.png" alt=" Dyllan Davault, a harvester at Robust Cannabis facility in Cuba, Mo., tends to greenhouse plants on May 2, 2023. (Rebecca Rivas/Missouri Independent)." />
 <figcaption> Dyllan Davault, a harvester at Robust Cannabis facility in Cuba, Mo., tends to greenhouse plants on May 2, 2023. (Rebecca Rivas/Missouri Independent).</figcaption>
 </figure><h2>A circuit court in May ruled that both a county and a local municipality can impose a 3% sales tax at dispensaries in their jurisdictions</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 court debate Tuesday over how Missouri marijuana products get taxed statewide sounded similar to a grammar class on conjunctions and comma placement.The constitutional amendment voters approved in 2022 legalizing recreational marijuana allowed local governments to impose additional sales tax on the products.The big question before the three-judge panel of the Missouri Court of Appeals Eastern District on Tuesday was: what did voters intend by “local government?”Attorneys for St. Louis and St. Charles counties argued the word “and” is key in the definition laid out in the constitutional amendment.It states that “local government” means, “in the case of an incorporated area, a village, town, or city; and, in the case of an unincorporated area, a county.”&nbsp;The counties asked the appellate judges to uphold a&nbsp;<a href="https://missouriindependent.com/briefs/missouri-judge-rules-local-governments-can-stack-sales-tax-on-marijuana/">lower court’s interpretation in May</a>&nbsp;that both a county and a local municipality can impose a 3% sales tax at dispensaries in their jurisdictions.However, Florissant-based dispensary Robust Missouri 3 LLC argued that the comma placement is key.&nbsp;“While ‘and’ typically functions as a conjunction, here it connects two distinct clauses—one for incorporated areas and one for unincorporated areas — under the framework of ‘in the case of,’ which delineates separate alternatives,” states Robust’s reply brief.Attorneys for Robust said Tuesday that voters didn’t intend for two local governments – in its case, St. Louis County and the City of Florissant — to both add taxes, resulting in a 14.988% sales tax rate.To put that in perspective, the highest&nbsp;<a href="https://dor.mo.gov/pdf/rates/2024/oct2024.pdf" target="_blank">adult-use marijuana sales tax</a>&nbsp;in Missouri is in Florissant’s neighboring cities of Hazelwood and St. Ann, with 17.988%.Looking beyond the grammar, appellate judges asked about the possibility of “absurd outcomes” that St. Louis County Circuit Judge Brian May wrote about in his ruling if the court accepted Robust’s definition of local government.May wrote that if Robust’s interpretation of the amendment were accepted,&nbsp; “then a municipality or city would essentially be given carte blanche to ignore any county ordinance or regulation, including those related to public health and safety wholly unrelated to the taxing issue.”&nbsp;May was largely talking about public health regulations because public health in Florissant is regulated by St. Louis County.On Tuesday, Judge Robert Clayton asked Robust’s attorney Eric Walter: “If we accept your definition, all those county regulations or everything else will be no longer applicable on these particular types of businesses.”Walter replied that the Missouri Department of Health and Senior Services, the state agency tasked with regulating cannabis businesses, requires “that you’re compliant with all the local government regulations.”Both attorneys for the counties and Robust declined to comment on Tuesday’s hearing.&nbsp;Following May’s ruling, the Missouri Association of Counties executive director Steve Hobbs said the association has strongly advocated that counties have the ability to do levvy their own taxes.“The bulk of the counties around the state had gone to the voters and asked them to implement this tax,” Hobbs told The Independent in May. “And I think every one of them approved of it. I think [the ruling] removes some uncertainty from those counties.”&nbsp;On the other side, leaders of the marijuana industry have called the effort to collect both taxes an “unconstitutional money grab” that violates the terms of the amendment.Jack Cardetti, spokesman for the Missouri Cannabis Trade Association said the appellate judges Tuesday seemed “very prepared and well versed on the issue.”“Obviously much of the discussion centered around the definition of local government in Missouri’s Constitution, which we saw as a good sign,” Cardetti said. “As we enter year two of Missouri cannabis consumers paying roughly $3 million more each month than they should, we hope to bring customers relief as quickly as possible.”A&nbsp;<a href="https://missouriindependent.com/2023/10/17/pair-of-lawsuits-challenge-whether-missouri-counties-can-stack-tax-on-marijuana-sales/">similar appeals case&nbsp;</a>out of Buchanan County is also pending.St. Joseph dispensary Vertical Enterprises&nbsp;<a href="https://www.courts.mo.gov/fv/c/Petition%20for%20Permanent%20Injunction.PDF?courtCode=05&amp;di=3490483" target="_blank">sued Buchanan County Collector Peggy Campbell</a>, arguing that it, too, would be “irreparably harmed” if both taxes were imposed.Also in May, Circuit Judge Daniel Kellogg&nbsp;<a href="https://www.courts.mo.gov/fv/c/JUDGMENT.pdf?courtCode=05&amp;di=3746408" target="_blank">ruled</a>&nbsp;that the marijuana law does not limit the taxing power of counties within corporate limits of towns and cities.A hearing date for this case has not yet been set.

Missouri appeals court hears case over local governments stacking sales tax on marijuana

ANDREW COUNTY —A Missouri teen was injured in an accident just before 9:30p.m. Tuesday in Andrew County.

The Missouri State Highway Patrol reported a 2010 Honda CRV driven by a 16-year-0ld St. Joseph girl was northbound on Route V at the intersection of Route Z two miles south of Helena. The driver failed to stop for a stop sign. The vehicle struck a ditch and came to rest on its wheels.

Andrew County EMS transported the teen to Mosaic. She was properly restrained, according to the MSHP.

ANDREW COUNTY —A Missouri teen was injured in an accident just before 9:30p.m. Tuesday in Andrew County.The Missouri State Highway Patrol reported a 2010 Honda CRV driven by a 16-year-0ld St. Joseph girl was northbound on Route V at the intersection of Route Z two miles south of Helena. The driver failed to stop for a stop sign. The vehicle struck a ditch and came to rest on its wheels.Andrew County EMS transported the teen to Mosaic. She was properly restrained, according to the MSHP.

St. Joe teen injured after SUV crash

GENTRY COUNTY —One person was injured in an accident just before 3p.m. Tuesday in Gentry County.

The Missouri State Highway Patrol reported a 2008 Dodge Ram driven by Randall J. Sego, 58, Stanberry, was southbound near a private field entrance at the end of 340th Street one mile northeast of Stanberry.

The pickup traveled off the road and overturned into a ditch. The vehicle came to rest on its top.&nbsp; Grand River EMS transported Sego to Mosaic in Albany. He was properly restrained, according to the MSHP.

GENTRY COUNTY —One person was injured in an accident just before 3p.m. Tuesday in Gentry County.The Missouri State Highway Patrol reported a 2008 Dodge Ram driven by Randall J. Sego, 58, Stanberry, was southbound near a private field entrance at the end of 340th Street one mile northeast of Stanberry.The pickup traveled off the road and overturned into a ditch. The vehicle came to rest on its top.&nbsp; Grand River EMS transported Sego to Mosaic in Albany. He was properly restrained, according to the MSHP.

NW Missouri man hospitalized after pickup rolls onto its top

A new scam invoking the name of the Missouri State Highway Patrol preys on victims of traffic accidents. 

Seargent Shane Hux with Troop H says it’s important to know that the highway patrol will never call you to ask for money. 

"And even later on what we're seeing with the most recent scam is people are calling after they have been involved in a motor vehicle crash, and they are calling the victims and requesting money for the motor vehicle crash," Hux tells KFEQ/St. Joseph Post. "And again, obviously that is a scam." 

Hux says if you receive one of these calls, it is best to ask the person who they are with and then request a call-back number 

"And then call the agency or the company that they are representing just to get verification," Hux explains. "If it's a law enforcement agency, just say ok I just need your name, a good callback number for you, and then do some research yourself and check it out to make sure that it is legit." 

Hux says most of the time when you ask for that information, the scammer will hang up.  Hux also says it’s important to remember the highway patrol will never ask for money from anyone.  

Hux stresses the importance of being aware of these types of scam calls 

"If something doesn't seem right or too good to be true, it probably is, just do your research and notify the local jurisdiction law enforcement for clarification on that," Hux says. 

By MATT PIKE St. Joseph Post A new scam invoking the name of the Missouri State Highway Patrol preys on victims of traffic accidents. Seargent Shane Hux with Troop H says it’s important to know that the highway patrol will never call you to ask for money. "And even later on what we're seeing with the most recent scam is people are calling after they have been involved in a motor vehicle crash, and they are calling the victims and requesting money for the motor vehicle crash," Hux tells KFEQ/St. Joseph Post. "And again, obviously that is a scam." Hux says if you receive one of these calls, it is best to ask the person who they are with and then request a call-back number "And then call the agency or the company that they are representing just to get verification," Hux explains. "If it's a law enforcement agency, just say ok I just need your name, a good callback number for you, and then do some research yourself and check it out to make sure that it is legit." Hux says most of the time when you ask for that information, the scammer will hang up. Hux also says it’s important to remember the highway patrol will never ask for money from anyone. Hux stresses the importance of being aware of these types of scam calls "If something doesn't seem right or too good to be true, it probably is, just do your research and notify the local jurisdiction law enforcement for clarification on that," Hux says.

Missouri Highway Patrol warns of scam using its name

Nodaway County Prosecutor Tina Deiter has concluded
no crime was committed in the abandonment of a fetus at Mozingo Lake, calling
the case simply a tragic stillbirth.

An employee at Mozingo Lake Recreation Park discovered the
body of a deceased male infant while performing routine maintenance May 25th.
Maryville Public Safety Officers were called to the scene. It was determined
the fetus had died in utero, commonly referred to as a stillbirth.

Deiter says a full autopsy reviewed by the Medical Examiner of
Boone and Calloway County along with a physician associated with the University
of Missouri School of Medicine determine there was no evidence of a live birth.

The prosecutor states DNA evidence identified a 19-year-old
woman and a 20-year-old man, both from St. Louis, as the mother and father, who
were visited Mozingo for an event. Deiter says both cooperated in the
investigation.

Deiter noted the Missouri General Assembly has not passed any
laws criminalizing the disposal of fetal remains. The prosecutor concluded
there was no evidence of a crime committed.

The City of Maryville held a graveside memorial service for
the infant in June at Oak Hill Cemetery.

You can follow Brent on X @GBrentKFEQ and St. Joseph Post @StJosephPost.

By BRENT MARTINSt. Joseph PostNodaway County Prosecutor Tina Deiter has concluded
no crime was committed in the abandonment of a fetus at Mozingo Lake, calling
the case simply a tragic stillbirth.An employee at Mozingo Lake Recreation Park discovered the
body of a deceased male infant while performing routine maintenance May 25th.
Maryville Public Safety Officers were called to the scene. It was determined
the fetus had died in utero, commonly referred to as a stillbirth.Deiter says a full autopsy reviewed by the Medical Examiner of
Boone and Calloway County along with a physician associated with the University
of Missouri School of Medicine determine there was no evidence of a live birth.The prosecutor states DNA evidence identified a 19-year-old
woman and a 20-year-old man, both from St. Louis, as the mother and father, who
were visited Mozingo for an event. Deiter says both cooperated in the
investigation.Deiter noted the Missouri General Assembly has not passed any
laws criminalizing the disposal of fetal remains. The prosecutor concluded
there was no evidence of a crime committed.The City of Maryville held a graveside memorial service for
the infant in June at Oak Hill Cemetery.You can follow Brent on X @GBrentKFEQ and St. Joseph Post @StJosephPost.

Prosecutor: no crime committed in fetus abandonment at Mozingo Lake

A third-party candidate is fighting for recognition in the
Missouri United States Senate race.

Jared Young of Webb City calls himself an independent, though
officially listed as the Better Party candidate attempting to unseat incumbent
Republican Sen. Josh Hawley.

Young says he has had to answer one question in particular
during the campaign.

“The question of why run? I feel the same way as most voters
and that’s incredibly frustrated and discouraged by what the two-party system
is producing right now,” Young tells KFEQ/St. Joseph Post in an in-studio
interview. “We feel like nothing is getting done. We can’t make any progress,
even on issues where there’s broad consensus among voters. We’re getting
stopped from finding solutions, because of partisan gamesmanship and partisan
warfare.”

Young is 38, a Joplin business owner, with a law degree from
Harvard. Young has the endorsement of former Republican Missouri US Sen. John
Danforth.

Young sees immigration is a big issue in this campaign.

“I think most voters agree on two things about immigration.
One, we need a secure border. And two, we need legal immigrants. They’re an
incredibly important part of our economy and an incredibly important part of
our culture,” Young says. “And so, it shouldn’t be hard to craft policy that
acknowledges both of those truths. But again, because of partisan games, we
can’t make progress on it, even though most people agree.”

The growing national debt is another big issue for Young, who
says it is being ignored by Democrats and Republicans, because of short-term
political thinking. Young says the debt will hinder economic growth if not
addressed. Young says that if not addressed, the growing federal debt will
weigh down the economy. He claims Democrats and Republicans in Washington
refuse to tackle the debt, because that would require hard decisions.

Young says his polling disclosed that 43% of Missouri voters consider
themselves independent with 70% of Missouri voters willing to consider an
independent or third-party candidate.

“So, there’s a path there. In 2024, people are so tired,
especially in Missouri, are just tired of the status quo. And so, people are
open to it,” according to Young. “As I cross the state, I’ve been working on
this for a year now and talking to hundreds and thousands of people across the
state, and I get so many people excited about the idea. They feel like it makes
sense. And so, the challenge in 2024 is not convincing people that this is a
good idea. The challenge is just getting in front of four million voters and
making sure four million voters are aware that they have a viable third
option.” 

Young is one of four candidates challenging the re-election of
Hawley. Also in the race are Democrat Lucas Kunce, Libertarian W. C. Young, and
Green Party candidate Nathan Kline.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728403583837.jpeg" alt="U.S. Senate candidate Jared Young/Photo by Matt Pike" />
 <figcaption>U.S. Senate candidate Jared Young/Photo by Matt Pike</figcaption>
 </figure>By BRENT MARTINSt. Joseph PostA third-party candidate is fighting for recognition in the
Missouri United States Senate race.Jared Young of Webb City calls himself an independent, though
officially listed as the Better Party candidate attempting to unseat incumbent
Republican Sen. Josh Hawley.Young says he has had to answer one question in particular
during the campaign.“The question of why run? I feel the same way as most voters
and that’s incredibly frustrated and discouraged by what the two-party system
is producing right now,” Young tells KFEQ/St. Joseph Post in an in-studio
interview. “We feel like nothing is getting done. We can’t make any progress,
even on issues where there’s broad consensus among voters. We’re getting
stopped from finding solutions, because of partisan gamesmanship and partisan
warfare.”Young is 38, a Joplin business owner, with a law degree from
Harvard. Young has the endorsement of former Republican Missouri US Sen. John
Danforth.Young sees immigration is a big issue in this campaign.“I think most voters agree on two things about immigration.
One, we need a secure border. And two, we need legal immigrants. They’re an
incredibly important part of our economy and an incredibly important part of
our culture,” Young says. “And so, it shouldn’t be hard to craft policy that
acknowledges both of those truths. But again, because of partisan games, we
can’t make progress on it, even though most people agree.”The growing national debt is another big issue for Young, who
says it is being ignored by Democrats and Republicans, because of short-term
political thinking. Young says the debt will hinder economic growth if not
addressed. Young says that if not addressed, the growing federal debt will
weigh down the economy. He claims Democrats and Republicans in Washington
refuse to tackle the debt, because that would require hard decisions.Young says his polling disclosed that 43% of Missouri voters consider
themselves independent with 70% of Missouri voters willing to consider an
independent or third-party candidate.“So, there’s a path there. In 2024, people are so tired,
especially in Missouri, are just tired of the status quo. And so, people are
open to it,” according to Young. “As I cross the state, I’ve been working on
this for a year now and talking to hundreds and thousands of people across the
state, and I get so many people excited about the idea. They feel like it makes
sense. And so, the challenge in 2024 is not convincing people that this is a
good idea. The challenge is just getting in front of four million voters and
making sure four million voters are aware that they have a viable third
option.” Young is one of four candidates challenging the re-election of
Hawley. Also in the race are Democrat Lucas Kunce, Libertarian W. C. Young, and
Green Party candidate Nathan Kline.You can follow Brent on X @GBrentKFEQ and St. Joseph Post @StJosephPost.

3rd party Senate candidate believes there's a path to victory

In a 13-day trial, Circuit Court Judge Craig Carter narrows in on key arguments

BY:&nbsp;ANNELISE HANSHAW&nbsp; <a href="https://missouriindependent.com/2022/09/21/missouri-judge-once-again-delays-decision-on-closing-agape-boarding-school/">Missouri Independent</a>

A ruling on Missouri’s restrictions on gender-affirming care is likely to come by the end of the year, with the trial complete and attorneys’ reports due within 30 days.

After a&nbsp;<a href="https://missouriindependent.com/2024/09/20/lawsuit-seeking-to-block-missouri-ban-on-gender-affirming-care-for-minors-heads-to-trial/">13-day trial</a>&nbsp;ended last week, Wright County Circuit Court Judge Craig Carter waived closing statements and asked instead for plaintiffs and defendants to submit statements of facts and findings. Both sides presented thick stacks of evidence, with seven approximately five-inch binders sitting on Carter’s bench throughout proceedings.

Without a jury, Carter — who was assigned to preside over the Cole County case — will rule on the constitutionality of the law.

Carter’s questions at the start of the trial sounded like someone becoming familiar with the subject, asking what a nonbinary gender identity means and clarifying definitions.

But in the trial’s final days, his inquiries were more frequent and challenging for witnesses, digging into the arguments and searching for the point in which gender-affirming medication for minors switches from unlawful to lawful.

The trial comes after transgender minors, their families and health care providers challenged the constitutionality of a 2023 law restricting physicians from prescribing gender-affirming medical care to minors. It also bars Missouri Medicaid from covering gender-affirming treatment for adults and restricts prisoners from getting the care in state prisons.

Carter asked many of the questions to the state’s expert witness,&nbsp;<a href="https://divinity.duke.edu/faculty/farr-curlin" target="_blank">Dr. Farr Curlin</a>, a professor at Duke who specializes in medical ethics.

“So tell me your thoughts on the intersection,” Carter asked during Curlin’s testimony last Wednesday. “The state has an interest in preventing people from making life-altering mistakes, and plaintiffs have the right to seek (desired medical care).”

Curlin said the problem lies in children’s inability to consent. Typically, parents consent for their child, whereas a minor’s agreement is labeled assent.

“The norm should be the same norm that is practiced throughout pediatric ethics and it is: Is this intervention in the medical best interest of the child?” Curlin said.

A large piece of the case is whether there is medical consensus on the efficacy of medical transition.

Large medical organizations like the American Academy of Pediatrics, a group founded in 1930 with 67,000 member physicians, support gender-affirming care for minors.&nbsp;Other organizations outside the medical mainstream — like the 700-member American College of Pediatricians which was formed in 2002 — are outspoken against the treatment.

Plaintiffs’ experts reviewed research showing positive effects of medical transition, and people who have benefited from gender-affirming care in Missouri as minors testified. The attorney general’s office, which was defending the law, tried to diminish the testimony of these experts by claiming that because most provide gender-affirming care —either by writing letters of support as a mental health provider or prescribing medication — they financially benefit from ensuring it remains legal.&nbsp;

Plaintiffs waved off these concerns.&nbsp;

“Only to the state of Missouri, and without any sense of irony, is actually having experience and expertise a conflict,” Omar Gonzalez-Pagan, an attorney with Lambda Legal, told reporters.

The state’s expert witnesses included physicians who are outspoken about their disapproval of gender-affirming care, though many had never treated a minor for gender dysphoria. During the testimony of Alabama-based plastic surgeon Dr. Patrick Lappert, attorneys showed images of gender-affirming surgeries and detailed the process and risks of infection.

In 2022, a federal court in North Carolina ruled that state health plans excluding gender-affirming care violated the Equal Protection Clause. In that case, the judge tossed out parts of the testimony of&nbsp; Lappert and Dr. Stephen Levine, who also testified last week as an expert for the state of Missouri.

Tom Bastian, spokesman for the ACLU of Missouri, told The Independent in emailed answers the case’s attorneys oversaw that the state’s argument is not sufficient to justify the law. Specifically, he pointed to what he deemed a lack of expertise among the state’s expert witnesses.

“None of the state’s purported expert witnesses practice in this field, except for one, and the one who does agrees that medical interventions for gender dysphoria can be appropriate for some patients,” Bastian wrote. “Plaintiffs’ doctors, their experts and every major medical organization in the United States all agree that, in certain cases, gender-affirming medical care can be medically necessary to treat gender dysphoria in adolescents and adults.”

Another expert called by the Missouri attorney general’s office last week was John Michael Bailey. He received skepticism from Carter after it was revealed that he&nbsp;<a href="https://missouriindependent.com/2024/10/02/credibility-of-states-expert-witnesses-questioned-in-missouri-transgender-health-care-trial/">believes convicted child molester Jerry Sandusky</a>&nbsp;is innocent. Bailey has been criticized for a retracted research article on gender dysphoria in adolescents and was the subject of an&nbsp;<a href="https://www.npr.org/sections/thetwo-way/2011/03/03/134240092/univ-president-calls-after-class-sex-display-extremely-poor-judgment" target="_blank">investigation by Northwestern University after he demonstrated a sex toy</a>&nbsp;in an extracurricular lecture.

The Independent sent questions to the attorney general’s office, including asking about criticism of its expert witnesses, but did not receive a response.

Four people who had once identified as transgender but stopped treatment, known as “detransitioners,” also testified last about their regrets. Only one of the four received medical care in Missouri, and he was an adult when he began his transition.

“The adults that were in the room that should have been protecting them failed to do so,” Attorney General Andrew Bailey said in a&nbsp;<a href="https://x.com/AGAndrewBailey/status/1839345434386743313" target="_blank">podcast</a>&nbsp;late last month before the trial began.

The state also introduced academic articles describing the evidence behind gender-affirming care for minors as “too limited,” both in cross-examination and through their witnesses’ testimony.

Carter asked if the law could be peeled back if research showed treatments’ success. The state’s restrictions on puberty blockers and cross-sex hormones for minors is set to expire in August of 2027 — though lawmakers have publicly discussed removing the sunset clause.

“Are you saying the kids don’t have a choice until we get further evidence showing the efficacy of these treatments?” Carter asked Curlin, the Duke medical professor. “If the studies show that this treatment is efficacious, then where do we wind up?”

“It’s not just, is it efficacious?” Curlin said. “Is it efficacious, and is it reliable enough and substantial enough to warrant the risks that these treatments bring?”

“What if the drug companies come out tomorrow and say, ‘You can take this drug, and it is absolutely reversible,” Carter asked.

Curlin said the “treatments are absolutely counter to the well-working of this patient’s health.” The medications and surgeries are not ethical in a body that is functioning well, he said.

The state repeatedly presented talk therapy as an option to treat gender dysphoria, which is distress arising from one’s body not matching gender identity.

Plaintiffs said therapy alone will not treat many cases of gender dysphoria, making medication medically necessary.

On the first day of the trial, a young man testifying under the name John Doe told the court that therapy was not enough for him. His first therapist said he was “going through a phase,” and his dysphoria only worsened.

A second, affirming therapist helped him as he began to dress more like himself at the age of 7, he said. His fear only worsened as puberty approached, and he attributes his thriving social life and success in college to his access to medication.

“It felt like once I started to receive (testosterone) shots, my overall was uphill from there,” he said. “The confidence I gained from having my body reflect who I am and what I was feeling was impactful throughout my entire life.”

Doe’s mother also testified later in the trial.

Carter noted there was “heartfelt testimony on both sides” from parents, asking about the issue of parental rights when the state withholds a type of care from their child. He discussed the&nbsp;<a href="https://www.fda.gov/patients/learn-about-expanded-access-and-other-treatment-options/right-try" target="_blank">Right to Try Act</a>, which allows patients to access experimental medications for life-threatening conditions.

He also looked at the release of the COVID-19 vaccine, which had an&nbsp;<a href="https://www.gao.gov/products/gao-21-319" target="_blank">accelerated clinical trial phase</a>&nbsp;in order to give the public access sooner. The vaccine could potentially serve as a precedent of giving access to a medication without longitudinal testing.

Carter’s ruling is unlikely to be the last, with similar cases in other states appealing&nbsp;<a href="https://www.scotusblog.com/2024/06/supreme-court-takes-up-challenge-to-ban-on-gender-affirming-care/" target="_blank">all the way to the U.S. Supreme Court</a>. He noted the likelihood of an appeal, saying he would accept exhibits to add to the case’s file for future courts to look at, though they would not determine his ruling.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/9/1727446832059.png" alt=" Judge Craig Carter, a Wright County judge serving in Cole County for Missouri’s gender-affirming care trial, listens to a nurse practitioner testify Thursday afternoon (Annelise Hanshaw/Missouri Independent)." />
 <figcaption> Judge Craig Carter, a Wright County judge serving in Cole County for Missouri’s gender-affirming care trial, listens to a nurse practitioner testify Thursday afternoon (Annelise Hanshaw/Missouri Independent).</figcaption>
 </figure><h2>In a 13-day trial, Circuit Court Judge Craig Carter narrows in on key arguments</h2>BY:&nbsp;ANNELISE HANSHAW&nbsp; <a href="https://missouriindependent.com/2022/09/21/missouri-judge-once-again-delays-decision-on-closing-agape-boarding-school/">Missouri Independent</a>A ruling on Missouri’s restrictions on gender-affirming care is likely to come by the end of the year, with the trial complete and attorneys’ reports due within 30 days.After a&nbsp;<a href="https://missouriindependent.com/2024/09/20/lawsuit-seeking-to-block-missouri-ban-on-gender-affirming-care-for-minors-heads-to-trial/">13-day trial</a>&nbsp;ended last week, Wright County Circuit Court Judge Craig Carter waived closing statements and asked instead for plaintiffs and defendants to submit statements of facts and findings. Both sides presented thick stacks of evidence, with seven approximately five-inch binders sitting on Carter’s bench throughout proceedings.Without a jury, Carter — who was assigned to preside over the Cole County case — will rule on the constitutionality of the law.Carter’s questions at the start of the trial sounded like someone becoming familiar with the subject, asking what a nonbinary gender identity means and clarifying definitions.But in the trial’s final days, his inquiries were more frequent and challenging for witnesses, digging into the arguments and searching for the point in which gender-affirming medication for minors switches from unlawful to lawful.The trial comes after transgender minors, their families and health care providers challenged the constitutionality of a 2023 law restricting physicians from prescribing gender-affirming medical care to minors. It also bars Missouri Medicaid from covering gender-affirming treatment for adults and restricts prisoners from getting the care in state prisons.Carter asked many of the questions to the state’s expert witness,&nbsp;<a href="https://divinity.duke.edu/faculty/farr-curlin" target="_blank">Dr. Farr Curlin</a>, a professor at Duke who specializes in medical ethics.“So tell me your thoughts on the intersection,” Carter asked during Curlin’s testimony last Wednesday. “The state has an interest in preventing people from making life-altering mistakes, and plaintiffs have the right to seek (desired medical care).”Curlin said the problem lies in children’s inability to consent. Typically, parents consent for their child, whereas a minor’s agreement is labeled assent.“The norm should be the same norm that is practiced throughout pediatric ethics and it is: Is this intervention in the medical best interest of the child?” Curlin said.A large piece of the case is whether there is medical consensus on the efficacy of medical transition.Large medical organizations like the American Academy of Pediatrics, a group founded in 1930 with 67,000 member physicians, support gender-affirming care for minors.&nbsp;Other organizations outside the medical mainstream — like the 700-member American College of Pediatricians which was formed in 2002 — are outspoken against the treatment.Plaintiffs’ experts reviewed research showing positive effects of medical transition, and people who have benefited from gender-affirming care in Missouri as minors testified. The attorney general’s office, which was defending the law, tried to diminish the testimony of these experts by claiming that because most provide gender-affirming care —either by writing letters of support as a mental health provider or prescribing medication — they financially benefit from ensuring it remains legal.&nbsp;Plaintiffs waved off these concerns.&nbsp;“Only to the state of Missouri, and without any sense of irony, is actually having experience and expertise a conflict,” Omar Gonzalez-Pagan, an attorney with Lambda Legal, told reporters.The state’s expert witnesses included physicians who are outspoken about their disapproval of gender-affirming care, though many had never treated a minor for gender dysphoria. During the testimony of Alabama-based plastic surgeon Dr. Patrick Lappert, attorneys showed images of gender-affirming surgeries and detailed the process and risks of infection.In 2022, a federal court in North Carolina ruled that state health plans excluding gender-affirming care violated the Equal Protection Clause. In that case, the judge tossed out parts of the testimony of&nbsp; Lappert and Dr. Stephen Levine, who also testified last week as an expert for the state of Missouri.Tom Bastian, spokesman for the ACLU of Missouri, told The Independent in emailed answers the case’s attorneys oversaw that the state’s argument is not sufficient to justify the law. Specifically, he pointed to what he deemed a lack of expertise among the state’s expert witnesses.“None of the state’s purported expert witnesses practice in this field, except for one, and the one who does agrees that medical interventions for gender dysphoria can be appropriate for some patients,” Bastian wrote. “Plaintiffs’ doctors, their experts and every major medical organization in the United States all agree that, in certain cases, gender-affirming medical care can be medically necessary to treat gender dysphoria in adolescents and adults.”Another expert called by the Missouri attorney general’s office last week was John Michael Bailey. He received skepticism from Carter after it was revealed that he&nbsp;<a href="https://missouriindependent.com/2024/10/02/credibility-of-states-expert-witnesses-questioned-in-missouri-transgender-health-care-trial/">believes convicted child molester Jerry Sandusky</a>&nbsp;is innocent. Bailey has been criticized for a retracted research article on gender dysphoria in adolescents and was the subject of an&nbsp;<a href="https://www.npr.org/sections/thetwo-way/2011/03/03/134240092/univ-president-calls-after-class-sex-display-extremely-poor-judgment" target="_blank">investigation by Northwestern University after he demonstrated a sex toy</a>&nbsp;in an extracurricular lecture.The Independent sent questions to the attorney general’s office, including asking about criticism of its expert witnesses, but did not receive a response.Four people who had once identified as transgender but stopped treatment, known as “detransitioners,” also testified last about their regrets. Only one of the four received medical care in Missouri, and he was an adult when he began his transition.“The adults that were in the room that should have been protecting them failed to do so,” Attorney General Andrew Bailey said in a&nbsp;<a href="https://x.com/AGAndrewBailey/status/1839345434386743313" target="_blank">podcast</a>&nbsp;late last month before the trial began.The state also introduced academic articles describing the evidence behind gender-affirming care for minors as “too limited,” both in cross-examination and through their witnesses’ testimony.Carter asked if the law could be peeled back if research showed treatments’ success. The state’s restrictions on puberty blockers and cross-sex hormones for minors is set to expire in August of 2027 — though lawmakers have publicly discussed removing the sunset clause.“Are you saying the kids don’t have a choice until we get further evidence showing the efficacy of these treatments?” Carter asked Curlin, the Duke medical professor. “If the studies show that this treatment is efficacious, then where do we wind up?”“It’s not just, is it efficacious?” Curlin said. “Is it efficacious, and is it reliable enough and substantial enough to warrant the risks that these treatments bring?”“What if the drug companies come out tomorrow and say, ‘You can take this drug, and it is absolutely reversible,” Carter asked.Curlin said the “treatments are absolutely counter to the well-working of this patient’s health.” The medications and surgeries are not ethical in a body that is functioning well, he said.The state repeatedly presented talk therapy as an option to treat gender dysphoria, which is distress arising from one’s body not matching gender identity.Plaintiffs said therapy alone will not treat many cases of gender dysphoria, making medication medically necessary.On the first day of the trial, a young man testifying under the name John Doe told the court that therapy was not enough for him. His first therapist said he was “going through a phase,” and his dysphoria only worsened.A second, affirming therapist helped him as he began to dress more like himself at the age of 7, he said. His fear only worsened as puberty approached, and he attributes his thriving social life and success in college to his access to medication.“It felt like once I started to receive (testosterone) shots, my overall was uphill from there,” he said. “The confidence I gained from having my body reflect who I am and what I was feeling was impactful throughout my entire life.”Doe’s mother also testified later in the trial.Carter noted there was “heartfelt testimony on both sides” from parents, asking about the issue of parental rights when the state withholds a type of care from their child. He discussed the&nbsp;<a href="https://www.fda.gov/patients/learn-about-expanded-access-and-other-treatment-options/right-try" target="_blank">Right to Try Act</a>, which allows patients to access experimental medications for life-threatening conditions.He also looked at the release of the COVID-19 vaccine, which had an&nbsp;<a href="https://www.gao.gov/products/gao-21-319" target="_blank">accelerated clinical trial phase</a>&nbsp;in order to give the public access sooner. The vaccine could potentially serve as a precedent of giving access to a medication without longitudinal testing.Carter’s ruling is unlikely to be the last, with similar cases in other states appealing&nbsp;<a href="https://www.scotusblog.com/2024/06/supreme-court-takes-up-challenge-to-ban-on-gender-affirming-care/" target="_blank">all the way to the U.S. Supreme Court</a>. He noted the likelihood of an appeal, saying he would accept exhibits to add to the case’s file for future courts to look at, though they would not determine his ruling.

Ruling on Missouri transgender health care restrictions expected by end of year

Work will soon begin on renovations at Krug Park with a groundbreaking ceremony set to be held later this week.  

St. Joseph District One councilmember Madison Davis says this project is one that has been in the works for quite a while now 

"To revitalize Krug Park to a place where it was once before, and maybe even set it up for a better future than what we have currently," Davis tells host of the KFEQ Hotline Barry Birr. "I think Krug Park is many things for many different people and everyone seems to enjoy it, whether they live in St. Joseph or don't live in St. Joseph they have a Krug Park memory." 

Davis says the main focus of this project is to bring things in Krug Park back to where they are usable. 

"Where we have restrooms that work, where we electricity at the state, where some of those sidewalk connections are made that are making it easier to access the bowl, or castle, or those kinds of places," Davis explains. "To make improvements to the children's circus area, to bring back those great slides that so many people have talked about, that I have never actually tried, so I'm excited for that." 

Davis says the goal is to repair and replace what is already at Krug Park to continue setting a positive trajectory.   

The groundbreaking ceremony will be held on Thursday at the Krug Park amphitheater at 4pm. 

By MATT PIKE St. Joseph Post Work will soon begin on renovations at Krug Park with a groundbreaking ceremony set to be held later this week. St. Joseph District One councilmember Madison Davis says this project is one that has been in the works for quite a while now "To revitalize Krug Park to a place where it was once before, and maybe even set it up for a better future than what we have currently," Davis tells host of the KFEQ Hotline Barry Birr. "I think Krug Park is many things for many different people and everyone seems to enjoy it, whether they live in St. Joseph or don't live in St. Joseph they have a Krug Park memory." Davis says the main focus of this project is to bring things in Krug Park back to where they are usable. "Where we have restrooms that work, where we electricity at the state, where some of those sidewalk connections are made that are making it easier to access the bowl, or castle, or those kinds of places," Davis explains. "To make improvements to the children's circus area, to bring back those great slides that so many people have talked about, that I have never actually tried, so I'm excited for that." Davis says the goal is to repair and replace what is already at Krug Park to continue setting a positive trajectory. The groundbreaking ceremony will be held on Thursday at the Krug Park amphitheater at 4pm.

City breaks ground on Krug Park improvements on Thursday

On this episode of Forward Ever: Leading in Challenging Times, host Gary Shorman speaks with&nbsp;American Red Cross communication manager Logan Wright.

<div><iframe width="560" height="315" src="https://www.youtube.com/embed/dobDNgOSMGA?si=lCBhPu7U5MDOzuTO" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></div>On this episode of Forward Ever: Leading in Challenging Times, host Gary Shorman speaks with&nbsp;American Red Cross communication manager Logan Wright.

🎤Forward Ever: American Red Cross communication manager Logan Wright

Northern Missouri Congressman Sam
Graves claims the Biden Administration is subverting a United States Supreme
Court ruling as it implements new rules regulating the country’s waterways.

Graves, a Republican, accuses the
administration of refusing to follow the Supreme Court ruling on Waters of the
United States.

“In my opinion, they are not.
They are ignoring the Supreme Court,” Graves tells KFEQ/St. Joseph Post. “The administration
needs to listen to what the Supreme Court said when it comes to WOTUS. What they’re
proposing is, the administration, it’s a taking. You’re taking the use of that
property from individuals.”

Graves claims the EPA has refused
to turn over guidance documents on how to rule on WOTUS in wake of the Supreme
Court decision. Graves says the administration needs to fall in line with the
Sackett v. EPA ruling that the federal government can only regulate wetlands
with a “continuous surface connection” to a body of water, such as a river or
lake.

Graves says how the EPA responds
will have real consequences for individuals.

“You hear all of this talk, too,
about how WOTUS exempts farmers out,” Graves says. “That is simply not the case,
because we’re seeing farmers being cited all over the country and fined all
over the country. It’s based on a subjective, many subjective definitions of
various aspects of Waters of the U.S., of WOTUS. It’s very frustrating that we
continue to have to deal with this.”

Graves says he assumed the issue
was decided when the Supreme Court ruled on WOTUS, ending a back-and-forth that
began during the presidency of Barack Obama. The EPA first proposed WOTUS
during the Obama Administration. The proposed rule was immediately challenged
in court and never went into effect.

“The Trump Administration
reversed many of the things that the Obama Administration did when it came to WOTUS,”
Graves says. “And then, what happen was the Biden Administration came right
back along and then reversed many of the things that the Trump Administration
did.”

Graves claims the EPA has not
only refused to abide by the Supreme Court decision, but has refused to release
its documentation pertaining to the re-writing of WOTUS.

By BRENT MARTINSt. Joseph PostNorthern Missouri Congressman Sam
Graves claims the Biden Administration is subverting a United States Supreme
Court ruling as it implements new rules regulating the country’s waterways.Graves, a Republican, accuses the
administration of refusing to follow the Supreme Court ruling on Waters of the
United States.“In my opinion, they are not.
They are ignoring the Supreme Court,” Graves tells KFEQ/St. Joseph Post. “The administration
needs to listen to what the Supreme Court said when it comes to WOTUS. What they’re
proposing is, the administration, it’s a taking. You’re taking the use of that
property from individuals.”Graves claims the EPA has refused
to turn over guidance documents on how to rule on WOTUS in wake of the Supreme
Court decision. Graves says the administration needs to fall in line with the
Sackett v. EPA ruling that the federal government can only regulate wetlands
with a “continuous surface connection” to a body of water, such as a river or
lake.Graves says how the EPA responds
will have real consequences for individuals.“You hear all of this talk, too,
about how WOTUS exempts farmers out,” Graves says. “That is simply not the case,
because we’re seeing farmers being cited all over the country and fined all
over the country. It’s based on a subjective, many subjective definitions of
various aspects of Waters of the U.S., of WOTUS. It’s very frustrating that we
continue to have to deal with this.”Graves says he assumed the issue
was decided when the Supreme Court ruled on WOTUS, ending a back-and-forth that
began during the presidency of Barack Obama. The EPA first proposed WOTUS
during the Obama Administration. The proposed rule was immediately challenged
in court and never went into effect.“The Trump Administration
reversed many of the things that the Obama Administration did when it came to WOTUS,”
Graves says. “And then, what happen was the Biden Administration came right
back along and then reversed many of the things that the Trump Administration
did.”Graves claims the EPA has not
only refused to abide by the Supreme Court decision, but has refused to release
its documentation pertaining to the re-writing of WOTUS.You can follow Brent on X @GBrentKFEQ and St. Joseph Post @StJosephPost.

Graves accuses Biden Adm. of not following Supreme Court WOTUS ruling

A 30-year-old St. Joseph man is charged with felony assault in
the shooting and wounding of a St. Joseph man Saturday night.

The St. Joseph Police Department reports Derius Davis has been
charged in connection with the shooting and wounding of 37-year-old Jonathan
Ross, who is listed in critical condition.

The department reports officers responded to a shooting in the
parking lot at 720 Jules Street just before 10 o’clock Saturday night.

This article has been updated since first published.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728335541154.png" alt="Derius Davis, Buchannan County Jail" />
 <figcaption>Derius Davis, Buchannan County Jail</figcaption>
 </figure>By BRENT MARTINSt. Joseph PostA 30-year-old St. Joseph man is charged with felony assault in
the shooting and wounding of a St. Joseph man Saturday night.The St. Joseph Police Department reports Derius Davis has been
charged in connection with the shooting and wounding of 37-year-old Jonathan
Ross, who is listed in critical condition.The department reports officers responded to a shooting in the
parking lot at 720 Jules Street just before 10 o’clock Saturday night.The investigation continues.This article has been updated since first published.You can follow Brent on X @GBrentKFEQ and St. Joseph Post @StJosephPost.

Downtown St. Joseph shooting leaves one wounded

Northbound Interstate 29 in the St. Joseph city limits again
will close for work on Cook Road this week.

The Missouri Department of Transportation is closing northbound
I-29 at the Highway 36 and Frederick Boulevard exits so Clarkson Construction
can paint the new Cook Road Bridge. Northbound I-29 in St. Joseph is scheduled
to be closed from this (MON) morning through Friday morning.

The southbound lanes will close the following week.

Northbound I-29 traffic must exit at the I-229/I-29 (EXIT 43)
and southbound I-29 traffic must exit at I-29/I-229/U.S. Route 71 (EXIT 56B).

Local traffic will not be able to access I-29 at the following
locations: 

•&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Northbound I-29 from: 

o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Route 6
(Frederick Blvd.) – Exit 47

o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; U.S. Route 36
– northbound Exits 46A &amp; 46B

•&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Southbound
I-29 from: 

o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Business Route
71/US. Route 59 – Exit 53

o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; U.S. Route 169
(Rochester Rd) – Exit 50

The Cook Road Bridge rehabilitation project will widen the
bridge and replace it’s driving surface. The City of St. Joseph has also
allocated money to add a pedestrian sidewalk to the south side of the bridge
which will include decorative fencing and concrete sides. The project is
anticipated to be complete the middle of this month.

For more on the project, visit: <a href="https://www.modot.org/interstate-29-bridge-rehabilitation-buchanan">https://www.modot.org/interstate-29-bridge-rehabilitation-buchanan</a>.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728297472169.jpeg" alt="" />
 <figcaption></figcaption>
 </figure>By BRENT MARTINSt. Joseph PostNorthbound Interstate 29 in the St. Joseph city limits again
will close for work on Cook Road this week.The Missouri Department of Transportation is closing northbound
I-29 at the Highway 36 and Frederick Boulevard exits so Clarkson Construction
can paint the new Cook Road Bridge. Northbound I-29 in St. Joseph is scheduled
to be closed from this (MON) morning through Friday morning.The southbound lanes will close the following week.The detour route is the same as before:Northbound I-29 traffic must exit at the I-229/I-29 (EXIT 43)
and southbound I-29 traffic must exit at I-29/I-229/U.S. Route 71 (EXIT 56B).Local traffic will not be able to access I-29 at the following
locations: •&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; Northbound I-29 from: o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Route 6
(Frederick Blvd.) – Exit 47o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; U.S. Route 36
– northbound Exits 46A &amp; 46B•&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Southbound
I-29 from: o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Business Route
71/US. Route 59 – Exit 53o&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; U.S. Route 169
(Rochester Rd) – Exit 50The Cook Road Bridge rehabilitation project will widen the
bridge and replace it’s driving surface. The City of St. Joseph has also
allocated money to add a pedestrian sidewalk to the south side of the bridge
which will include decorative fencing and concrete sides. The project is
anticipated to be complete the middle of this month.For more on the project, visit: <a href="https://www.modot.org/interstate-29-bridge-rehabilitation-buchanan">https://www.modot.org/interstate-29-bridge-rehabilitation-buchanan</a>.You can follow Brent on X @GBrentKFEQ and St. Joseph Post @StJosephPost.

Northbound I-29 within St. Joseph closing again for Cook Road Bridge work

NODAWAY COUNTY—Three people were injured in an accident just after 11:30a.m. Sunday in Nodaway County.

The Missouri State Highway Patrol reported a 2012 Ford Explorer driven by Doris L. Hagey, 87, was southbound on U.S. 71 one mile north of Maryville.&nbsp;

The driver attempted to turn into the parking lot of Gray's Truck Stop and traveled into the path of a&nbsp;2010 Chevy HHR driven by Jered M. Smith, 57, Maryville. The Chevy struck the front end of the Ford.

Nodaway County EMS transported both drivers and a passenger in the Chevy Levi S. Smith, 27, Maryville, to Mosaic in St. Joseph. All three were properly restrained, according to the MSHP.

NODAWAY COUNTY—Three people were injured in an accident just after 11:30a.m. Sunday in Nodaway County.The Missouri State Highway Patrol reported a 2012 Ford Explorer driven by Doris L. Hagey, 87, was southbound on U.S. 71 one mile north of Maryville.&nbsp;The driver attempted to turn into the parking lot of Gray's Truck Stop and traveled into the path of a&nbsp;2010 Chevy HHR driven by Jered M. Smith, 57, Maryville. The Chevy struck the front end of the Ford.Nodaway County EMS transported both drivers and a passenger in the Chevy Levi S. Smith, 27, Maryville, to Mosaic in St. Joseph. All three were properly restrained, according to the MSHP.

3 hospitalized after SUVs collide at truck stop entrance

The Missouri case&nbsp;is the only bird flu diagnosis in the United States this year where the person hadn’t had direct contact with infected poultry or dairy cattle

BY:&nbsp;<a href="https://missouriindependent.com/author/jennifer-shutt/">JENNIFER SHUTT</a>

WASHINGTON — The Centers for Disease Control and Prevention should have results later this month that provide more insight into how a Missouri resident, who hadn’t had any contact with infected animals or food, contracted a case of highly pathogenic avian influenza.

Demetre Daskalakis, director of the National Center for Immunization and Respiratory Diseases at the CDC, said on a call with reporters Friday the agency is working through its investigation of that bird flu case, while providing several more details.

“As we previously reported, CDC would be able to perform partial sequencing of the avian influenza H5 virus from the case in Missouri, despite a nearly undetectable level of viral RNA in the patient sample,” Daskalakis said.

That process is complex and time-consuming, in part because the patient had rather small amounts of the virus in their system when the test was taken.

Another contributing factor, he said, is “that the virus has two potentially important mutations, meaning two amino acid differences, in comparison with the viruses previously characterized during this event that could affect antigenicity.”

Daskalakis explained that antigenicity is when someone is able to produce “a specific immune response, such as creation of specific antibodies.”

Both the mutations and small sample size have presented challenges for the CDC, but the agency expects to announce results of the test later this month after completing the complicated lab process, he said.

<a href="https://www.newsfromthestates.com/article/federal-officials-say-no-sign-bird-flu-spreading-among-humans-despite-missouri-case" target="_blank">The Missouri case</a>&nbsp;is the only bird flu diagnosis in the United States this year where the person hadn’t had direct contact with infected poultry or dairy cattle.

The remainder of the 16 people diagnosed with H5N1 during this calendar year had direct contact with farm animals, with nine of those cases linked to poultry and six related to dairy cows.

One of those cases was diagnosed in Texas, two in Michigan, two in California just this week and 10 in Colorado.

Public health officials on the call emphasized that the risk to the general public remains low and that several studies undertaken by the Food and Drug Administration show pasteurized dairy products as well as other foods remain safe to eat.

Since February, the CDC has tested more than 50,000 samples that would have “detected Influenza A, H5 or other novel influenza viruses,” Daskalakis said.

The Missouri case was the first case of bird flu detected through that influenza surveillance system, he said.

Public health officials at the state and federal level have been trying to determine how the Missouri patient, who officials are not identifying for their privacy, contracted the virus through a series of “intense interviews,” Daskalakis said.

That is how they learned someone living in the same house had been symptomatic with various gastrointestinal issues at the same time the patient had been ill.

That simultaneous onset of symptoms implied “a common exposure, rather than human-to-human transmission,” Daskalakis said, before reinforcing that the second person never tested positive for the virus and isn’t considered a case of bird flu.

“At the time of the interview, the household contact had also completely recovered and had not been tested for influenza while they were sick,” he said. “To be clear, there is only one case of H5N1 influenza detected in Missouri.”

Because the person living in the same house as the Missouri patient had been symptom-free for more than 10 days when they were interviewed by public health officials, Daskalakis said there was “no utility in testing the contact for acute influenza.”

Instead, officials in Missouri took blood samples from the two people so the CDC could test for “antibodies against H5 to assess for possible infection with this virus,” he said.

A separate investigation was taken at the hospital where the Missouri patient had been diagnosed to see if any health care workers had contracted H5N1.

Out of 118 health care workers who interacted with the patient in some way, 18 had higher-risk interactions before the patient was diagnosed and began using what Daskalakis referred to as “droplet precautions.”

Six of those health care workers later developed respiratory symptoms, though only one of them had symptoms by the time the public health investigation had begun retroactively, he said.

That one person’s PCR test for acute influenza came back negative and the other five health care workers, who had recovered, did not require a PCR test, he said.

“Since exposures could only be assessed retrospectively, Missouri has also obtained blood specimens from these individuals for antibody or serology testing at CDC to search for any evidence to support the unlikely possibility that their symptoms were related to H5 infection resulting from their interaction with the patient,” Daskalakis said. “Despite the low risk, this testing is important to complete the public health investigation of this case.”

The CDC began working on that serology testing in mid-September when it received the samples from Missouri, though the complicated process likely won’t conclude until later in October.

“For serology testing to be conclusive, it needs to be done using a virus that is genetically identical to the one obtained from the human case from Missouri or there is a risk of a false negative test,” Daskalakis said. “Since this H5 virus was not recoverable, we could not grow it because there was not enough for the Missouri specimen.”

The CDC, he explained, has to “create the right virus for the test using reverse genetics to match the one from Missouri, so that we can use it in these serology tests.”

“We realize people, including all of us at CDC, are anxious to see results from this testing,” he said. “CDC is moving at a very accelerated pace while conducting rigorous science to assure the validity of these results.”

In addition to human cases, bird flu continues to infect poultry flocks and dairy herds within the United States.

While the poultry industry has had years of experience supplying its workers with personal protective equipment and culling affected farms, the dairy industry has had to figure out how to address the virus this year.

Eric Deeble, deputy under secretary for marketing and regulatory programs at USDA, said on the call Friday that Colorado’s mandatory testing program of bulk milk tanks, which began in July, offered a hopeful case study for ridding farms throughout the country of H5N1.

“Initially, this revealed a significant local prevalence, about 72% of dairies, centered in Weld County,” Deeble said.

But following months of hard work by farmers and public health officials, Colorado has just one dairy herd that’s currently affected by H5N1 out of 86 dairy herds within the state, he said.

“Mandatory surveillance in the state allows for continuous monitoring of herds and helps detect any instances of non-negative results early on, ensuring timely intervention,” Deeble said. “This decrease in Colorado cases, even in the absence of a vaccine, gives us further confidence that H5N1 can be eliminated in the national herd, even in places where we have seen an initial rapid increase in cases.”

Data from the USDA show that during the past month, three dairy herds in Idaho and 53 in California have&nbsp;<a href="https://www.aphis.usda.gov/livestock-poultry-disease/avian/avian-influenza/hpai-detections/hpai-confirmed-cases-livestock" target="_blank">tested positive</a>&nbsp;for H5N1.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/10/1728251990163.png" alt="A case of bird flu in a Missouri resident is the only diagnosis in the United States this year where the person did not have contact with infected dairy cattle or poultry (Stephen Ausmus/Animal Research Services, USDA)." />
 <figcaption>A case of bird flu in a Missouri resident is the only diagnosis in the United States this year where the person did not have contact with infected dairy cattle or poultry (Stephen Ausmus/Animal Research Services, USDA).</figcaption>
 </figure><h2>The Missouri case&nbsp;is the only bird flu diagnosis in the United States this year where the person hadn’t had direct contact with infected poultry or dairy cattle</h2>BY:&nbsp;<a href="https://missouriindependent.com/author/jennifer-shutt/">JENNIFER SHUTT</a>WASHINGTON — The Centers for Disease Control and Prevention should have results later this month that provide more insight into how a Missouri resident, who hadn’t had any contact with infected animals or food, contracted a case of highly pathogenic avian influenza.Demetre Daskalakis, director of the National Center for Immunization and Respiratory Diseases at the CDC, said on a call with reporters Friday the agency is working through its investigation of that bird flu case, while providing several more details.“As we previously reported, CDC would be able to perform partial sequencing of the avian influenza H5 virus from the case in Missouri, despite a nearly undetectable level of viral RNA in the patient sample,” Daskalakis said.That process is complex and time-consuming, in part because the patient had rather small amounts of the virus in their system when the test was taken.Another contributing factor, he said, is “that the virus has two potentially important mutations, meaning two amino acid differences, in comparison with the viruses previously characterized during this event that could affect antigenicity.”Daskalakis explained that antigenicity is when someone is able to produce “a specific immune response, such as creation of specific antibodies.”Both the mutations and small sample size have presented challenges for the CDC, but the agency expects to announce results of the test later this month after completing the complicated lab process, he said.<h2>Two cases in California</h2><a href="https://www.newsfromthestates.com/article/federal-officials-say-no-sign-bird-flu-spreading-among-humans-despite-missouri-case" target="_blank">The Missouri case</a>&nbsp;is the only bird flu diagnosis in the United States this year where the person hadn’t had direct contact with infected poultry or dairy cattle.The remainder of the 16 people diagnosed with H5N1 during this calendar year had direct contact with farm animals, with nine of those cases linked to poultry and six related to dairy cows.One of those cases was diagnosed in Texas, two in Michigan, two in California just this week and 10 in Colorado.Public health officials on the call emphasized that the risk to the general public remains low and that several studies undertaken by the Food and Drug Administration show pasteurized dairy products as well as other foods remain safe to eat.Since February, the CDC has tested more than 50,000 samples that would have “detected Influenza A, H5 or other novel influenza viruses,” Daskalakis said.The Missouri case was the first case of bird flu detected through that influenza surveillance system, he said.Public health officials at the state and federal level have been trying to determine how the Missouri patient, who officials are not identifying for their privacy, contracted the virus through a series of “intense interviews,” Daskalakis said.That is how they learned someone living in the same house had been symptomatic with various gastrointestinal issues at the same time the patient had been ill.That simultaneous onset of symptoms implied “a common exposure, rather than human-to-human transmission,” Daskalakis said, before reinforcing that the second person never tested positive for the virus and isn’t considered a case of bird flu.“At the time of the interview, the household contact had also completely recovered and had not been tested for influenza while they were sick,” he said. “To be clear, there is only one case of H5N1 influenza detected in Missouri.”Because the person living in the same house as the Missouri patient had been symptom-free for more than 10 days when they were interviewed by public health officials, Daskalakis said there was “no utility in testing the contact for acute influenza.”Instead, officials in Missouri took blood samples from the two people so the CDC could test for “antibodies against H5 to assess for possible infection with this virus,” he said.A separate investigation was taken at the hospital where the Missouri patient had been diagnosed to see if any health care workers had contracted H5N1.Out of 118 health care workers who interacted with the patient in some way, 18 had higher-risk interactions before the patient was diagnosed and began using what Daskalakis referred to as “droplet precautions.”Six of those health care workers later developed respiratory symptoms, though only one of them had symptoms by the time the public health investigation had begun retroactively, he said.That one person’s PCR test for acute influenza came back negative and the other five health care workers, who had recovered, did not require a PCR test, he said.“Since exposures could only be assessed retrospectively, Missouri has also obtained blood specimens from these individuals for antibody or serology testing at CDC to search for any evidence to support the unlikely possibility that their symptoms were related to H5 infection resulting from their interaction with the patient,” Daskalakis said. “Despite the low risk, this testing is important to complete the public health investigation of this case.”The CDC began working on that serology testing in mid-September when it received the samples from Missouri, though the complicated process likely won’t conclude until later in October.“For serology testing to be conclusive, it needs to be done using a virus that is genetically identical to the one obtained from the human case from Missouri or there is a risk of a false negative test,” Daskalakis said. “Since this H5 virus was not recoverable, we could not grow it because there was not enough for the Missouri specimen.”The CDC, he explained, has to “create the right virus for the test using reverse genetics to match the one from Missouri, so that we can use it in these serology tests.”“We realize people, including all of us at CDC, are anxious to see results from this testing,” he said. “CDC is moving at a very accelerated pace while conducting rigorous science to assure the validity of these results.”<h2>Poultry, dairy cases</h2>In addition to human cases, bird flu continues to infect poultry flocks and dairy herds within the United States.While the poultry industry has had years of experience supplying its workers with personal protective equipment and culling affected farms, the dairy industry has had to figure out how to address the virus this year.Eric Deeble, deputy under secretary for marketing and regulatory programs at USDA, said on the call Friday that Colorado’s mandatory testing program of bulk milk tanks, which began in July, offered a hopeful case study for ridding farms throughout the country of H5N1.“Initially, this revealed a significant local prevalence, about 72% of dairies, centered in Weld County,” Deeble said.But following months of hard work by farmers and public health officials, Colorado has just one dairy herd that’s currently affected by H5N1 out of 86 dairy herds within the state, he said.“Mandatory surveillance in the state allows for continuous monitoring of herds and helps detect any instances of non-negative results early on, ensuring timely intervention,” Deeble said. “This decrease in Colorado cases, even in the absence of a vaccine, gives us further confidence that H5N1 can be eliminated in the national herd, even in places where we have seen an initial rapid increase in cases.”Data from the USDA show that during the past month, three dairy herds in Idaho and 53 in California have&nbsp;<a href="https://www.aphis.usda.gov/livestock-poultry-disease/avian/avian-influenza/hpai-detections/hpai-confirmed-cases-livestock" target="_blank">tested positive</a>&nbsp;for H5N1.