Faith leaders and educators urge lawmakers to reject bills undermining Kansas schools

by Noah Taborda, Kansas Reflector

Topeka — A coalition of Kansas faith leaders and education advocates are calling on lawmakers to reject legislation currently being drafted to ban or restrict teaching about U.S. racial history.

More than 50 people gathered Tuesday on the first floor of the Capitol in Topeka to rally against what they considered a concerted effort to dismantle diversity and inclusion initiatives at Kansas public schools. One such measure would establish a parental bill of rights, creating a series of transparency checks to ensure parents have knowledge of all material made available in school.

House Bill 2662 also compromises the affirmative defense for schools and educators if somebody charges them with promoting material harmful to minors. The House K-12 Education Budget Committee is set for a hearing on the measure Wednesday.

“This conversation about race or critical theory, whatever the right is calling it, is being used as an excuse to undermine support for public schools,” said Rabbi Moti Rieber, executive director for Kansas Interfaith Action. “We need to reach out to kids from across different spectrums, bring them into the conversation and to center the experience of people not often centered in our history books.”

A handful of faith leaders, equal rights advocates and teachers joined Rieber to describe their view of the Kansas Legislature’s approach to education. The consensus was that careless laws are putting teachers in the crosshairs of angry parents and pushing some out of the field entirely.

Across the country, a discussion surrounding critical race theory — an academic framework analyzing the role of systemic racism in American society — has led to the passing of laws against its inclusion in curriculum, which advocates argue is a thinly veiled attack on all diversity policies.
Members of the state board of education and local school boards have stated that critical race theory is not part of any Kansas curriculum.

Chloe Chaffin, a Washburn University student studying secondary English education, said she has always wanted to be a teacher. Stories of harassment over curriculum choices are the only thing holding her back and other young, aspiring teachers she has engaged with often feel similarly, she said.

“As I talk to my professors and students in my program, I often hear that our class sizes in the education program are getting smaller and smaller, that they aren’t able convince enough students to go into the profession, and I believe that bills such as these passing their way through the Legislature are a reason why,” Chaffin said.

Michael Rebne, a public school teacher and Roeland Park city council member, said some legislators in the building were trying to villainize the teaching profession and that these efforts would hamper students’ chances for an equitable future.

“We need to help our students get to the children of this country in order to understand why it is so important to continue to fight for democracy and freedom,” Rebne said. “We’re here to tell the right-wing legislators inside this building that we will not carry their ignorance, racism and fear into our schools.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/02/15/faith-leaders-and-educators-urge-lawmakers-to-reject-bills-undermining-kansas-schools/

‘This is punitive’: Kansas Senate committee considers poison pill wind energy bills

Senators heard three hours of testimony from anti-wind sources and just one hour from proponents of renewable energy

by Allison Kite, Kansas Reflector

A series of bills professing to protect rural residents from industrial wind claim to bring transparency, limit abuse and enact safety measures to protect against the supposed health hazards of turbines.

In reality, they would transform Kansas, one of the top producers of wind energy for two decades, into one of the most restrictive states in the nation, pro-wind experts say.

“This is punitive. This is not progressive,” said Kimberly Gencur Svaty, public policy director for the Kansas Advanced Power Alliance. “This is not laying out a path of economic development or growth for the state of Kansas.”

Kansas has embraced renewable development for years. The expansion of wind energy in Kansas has been embraced by Democrats and Republicans alike — and the state’s status as one of the top producers in the nation is celebrated.

But opposition to wind energy has found an ally in the Johnson County Republican leading the Senate Utilities Committee. The struggle between burgeoning resentment of industrial wind projects and the state’s two-decade history as the “Saudi Arabia of wind” received attention all last week in Sen. Mike Thompson’s committee.

“He’s been very clear he is very, very opposed and would like to end renewable energy, and so he brings these wolves-in-sheep-clothing bills to say, ‘Oh, these are just meant to do reasonable things,’ when quite clearly they’re not,” said Alan Claus Anderson, vice president of the energy group at Polsinelli law firm.

Thompson, in just his third session as a state senator, has established a reputation as a frequent critic of wind energy and touts dubious science about the health effects of wind. His committee is sponsoring half a dozen bills, most of them introduced at his request, enacting what the industry claims are poison pill restrictions on wind farms. Thompson didn’t respond to a request to comment for this story.

Last week, his committee heard for two days from anti-wind sources who claimed proximity to wind turbines could cause cardiovascular disease, sleep disturbance and headaches. They cited anecdotes and disputed research showing no evidence of significant health harms from wind turbines. There is evidence wind farms can cause annoyance, but those sensations are often worse for people who are opposed to wind energy as an underlying cause for their frustration.

“I thought and assumed that wind turbines were quiet, good for the world, and I assumed they were safe,” said Ben Washburn, a retired cardiologist from Iowa who presented for an hour to the committee. “The last few years I’ve witnessed the good, the bad, the ugly of wind turbines. The topic is massive, emotions are high, and distortion and corruption is in play.”

Washburn said to people who believe renewables are the only path forward, “I would ask you to carefully reconsider.”

And while Washburn and fellow wind critics’ testimony was supposed to be purely informational, one of them repeatedly voiced his support for Thompson’s bill requiring wind turbines to be sited at least a mile or 10 times the height of the turbine from the next property line.

After two days of hour-long presentations outlining supposed risks of wind energy, supporters of Thompson’s anti-wind bill got a third day in committee to speak directly about the legislation for five minutes each.

Only on Thursday did pro-wind forces and experts get to speak on Thompson’s bill — also for five minutes each. An expert with his PhD in environmental health and a career studying the health effects of wind got his credentials questioned. And Thompson cut off another senator voicing his opposition to the legislation.

“If we move forward with this bill — we are now a net exporter of energy — we will no longer be an exporter of energy,” said Sen. Robert Olson, an Olathe Republican. “We’ll be an importer of energy. And —”
Thompson cut him off. “Are you testifying or are you asking a question? We need to make —”

“I’m making a comment here, which I have a right, I believe,” Olson said.

Thompson said he would limit Olson’s time to comment, and Olson voiced his frustration with the dayslong anti-wind testimony.

“You know, we had people all week say what they want for an hour, and I sat in here for a long time,” Olson said.

Thompson said, “This is my committee, and I’m saying get a question in.”

Gencur Svaty encouraged the committee following her testimony to ask questions so that pro-wind advocates would get more time to speak, noting the previous days of testimony. Thompson responded that anti-wind groups testifying on his bill the day before were also limited to five minutes.

Anderson said the informational hearings held by Thompson’s committee were not meant to compile information in good faith.

“I struggle to say informational because they were obviously not intended to give good information,” Anderson said. “The people who presented are on the fringe of the fringe.”

Health effects of wind

Opponents of wind energy have made numerous claims regarding the potential health consequences of living near a turbine.

They say the whooshing sound can cause stress, and infrasound — sound waves too low for people to hear — can harm the body.

Washburn cited a 1970 paper on pollution that called noise a “scourge of the modern world” and said ambient noise could cause atherosclerotic disease, or plaque buildup in the arteries, and death.

He took issue with wind turbines, too, not based on health but because wind is an intermittent energy resource that he called unreliable. He said moving to renewable energy only is “absurd.” And he recalled a public meeting in Iowa where he claimed a wind developer’s representative was hesitant to say wind was safe.

Research has shown a link between wind turbines and feelings of annoyance but that there is not sufficient information to link wind turbines to disease.

The University of Iowa’s College of Public Health, Iowa Policy Project and the Iowa Environmental Council reviewed several pieces of research and found the consensus was there was little scientific evidence to support the idea that wind energy poses a threat to human health.

Another literature review published by researchers in Switzerland found in 67 peer-reviewed and web articles published between 2012 and 2017 that annoyance was the only symptom of wind turbine exposure that was backed up by science.

The article acknowledged people who live near wind turbines might experience anxiety or distress, which is highly dependent on their attitudes toward wind energy.

And the article notes there are known negative effects from the use of fossil fuels to create electricity. That includes climate change, but also asthma for individuals living near coal-fired power plants.

“If you just want to have no wind turbines ever, well, then we’re going to have more coal-fired power plants and more disease,” said David Osterberg, lead researcher for the Iowa Policy Project and professor emeritus at the University of Iowa College of Public Health’s Department of Occupational and Environmental Health.

Osterberg said in an interview he doesn’t doubt people who live near turbines experience symptoms, but that it doesn’t come from sound. It could be a result of annoyance or stress from a large project they don’t want moving in near their home.

“But that is not a health effect that we can fix by moving the turbines back half a mile … so what they’re asking for does not take care of their symptoms,” Osterberg said. “They’re still going to be mad.”

Christopher Ollson, an environmental health scientist with Ollson Environmental Health Management, acknowledged a link between environmental noise and health concerns. But he told senators on the committee 20 years of research has shown noise from wind turbines isn’t loud enough to create those concerns.

“There is considerable research over the last 20 years that has studied this topic,” Ollson said. “The … provisions in this bill are far more excessive than any other state in this country, any of the local ordinances that have worked for more than 20 years.”

Fight over wind

Rural residents who have opposed wind projects moving into — or proposed — in their communities pleaded with the Utilities Committee on Wednesday to enact Thompson’s restrictions.

Aside from the one-mile setback, the bill would limit the decibel noise of the projects to levels the industry says are impossible and prohibit any shadow flicker on non-participating landowners’ property. Wind proponents say the way the bill is written would allow existing wind farms to be shut down over shadow flicker, something Anderson called “reckless” and said would threaten reliability of the power grid.

Several of Thompson’s bills have sought to shift power in siting wind farms to landowners who aren’t participating in the project and have voiced complaints about turbines moving in.

Proponents of wind energy often say landowners who want turbines on their property have a right to participate in the project without interference from their neighbors — while opponents say they have a right to enjoy their property free from what they see as the nuisance of wind turbines.

Gayla Randel, of Marshall County, told senators pro-wind forces would likely say they couldn’t enact Thompson’s restrictions because it would kill development.

“But what I want you to think about is, are they actually saying they can’t do their work unless they infringe on the property rights of nonparticipants,” Randel said. “Because that’s what it sounds like to me.”

Other supporters of Thompson’s bill said wind companies “steamroll” rural neighbors when they come into town.

“Unless you have a board of county commissioners who are actually savvy to wind projects, counties are sitting ducks,” said former Marion County Commissioner Dianne Novak. “We are at the mercy of these companies.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/02/13/this-is-punitive-kansas-senate-committee-considers-poison-pill-wind-energy-bills/

Voting rights groups launch court battle over new Kansas congressional map

Thomas Alonzo says during a Jan. 24, 2022, news conference at the Kansas Statehouse that the congressional map endorsed by GOP leaders “demonstrates a lack of competent, moral and ethical leadership.” (Photo by Sherman Smith, Kansas Reflector)

by Sherman Smith, Kansas Reflector

Topeka — The American Civil Liberties Union of Kansas and Loud Light filed two separate lawsuits Monday arguing the congressional map endorsed by a GOP supermajority in the Legislature intentionally violates constitutional rights of Democrats and communities of color.

Republicans passed a map that divides the Kansas City metro area in an obvious attempt to make it harder for the state’s only Democrat in Congress, Rep. Sharice Davids, to hang onto her 3rd District seat. Last week, two-thirds of the Senate and House voted to override a veto by Democratic Gov. Laura Kelly and preserve the map, known as Ad Astra 2.

The map places the area of Wyandotte County north of Interstate 70, a majority-minority community, into the 2nd District. The infusion of Democratic votes into the 2nd District is offset by carving Lawrence out of Douglas County and placing it in the heavily Republican 1st District, which stretches to the Colorado border.

“The map that was passed shows that the Legislature was intentionally trying to silence our collective voice,” said Tom Alonzo, a Kansas City, Kansas, resident who lives north of I-70 in Wyandotte County. “There is nothing just or democratic about it. My community is the most diverse in Kansas — and they want to dilute us so we have no voice.”

A map produced by Republicans in the House and Senate would place Lawrence in the 1st District, which stretches to the Colorado border, and split Wyandotte County between 2nd and 3rd districts. (Submitted)

The ACLU filed a lawsuit in Wyandotte County District Court on behalf of seven Wyandotte County residents, including Alonzo, three Johnson County residents and one Lawrence resident. The Campaign Legal Center is working with the ACLU on the lawsuit, along with pro bono assistance from the Arnold and Porter Kaye Scholer law firm.

Kansas-based nonprofit Loud Light, with support from national voting rights attorney Marc Elias’ Democracy Docket, also filed a lawsuit in Wyandotte County.

The lawsuits ask the court to declare the Ad Astra 2 map to be invalid, set a deadline for lawmakers to pass an acceptable map, draw a map in place of lawmakers if they fail to meet the deadline, and make the state pay for attorney fees and court costs. Both lawsuits name Wyandotte County election commissioner Michael Abbott and Kansas Secretary of State Scott Schwab as defendants.

The legal challenges were widely anticipated. State lawmakers are tasked with drawing new maps for congressional and legislative districts every 10 years, based on census results. For months, a coalition of advocacy groups complained about the way Republicans in the Legislature handled the process.

The ACLU lawsuit twice references Kansas Reflector’s reporting in October 2020 of former Senate President Susan Wagle openly saying new congressional maps could be drawn to prevent a Democrat from winning office if Republicans gained the supermajority necessary to override a veto from the governor.

In late July, Republicans in charge of the redistricting process scheduled a series of town hall discussions on short notice, before census data had been released. They responded to criticism by holding virtual listening sessions in November, including one that coincided with the special session.

Republican leaders then revealed their congressional map shortly after the session opened in January. Residents were given little time to prepare testimony for hearings two days later, and both chambers passed the map in less than a week despite hearing overwhelming opposition from residents.

The Loud Light lawsuit references Kansas Reflector’s reporting on the House debate, when Rep. Steve Huebert, R-Valley Center, said gerrymandering and partisan politics “are just things that happen.”

Elias responded in a Jan. 25 tweet: “Litigation is ‘just a thing that happens’ too.”

Sharon Brett, legal director for the ACLU of Kansas, said lawmakers rushed the redistricting process without interest in gathering meaningful feedback from the people they represent.

“It’s always shocking when you see elected officials completely ignore their constituents and the will of the people in the state of Kansas, and choose to put partisan games over doing what’s right and fair by the state,” Brett said. “So although it is not surprising how this has played out, it is still shocking nonetheless. And that’s a choice the Legislature made. Now they have to defend that choice in a court of law.”

Senate President Ty Masterson, R-Andover, has repeatedly dismissed complaints about the obvious impact of the map on Democrats and communities of color.

“I’m very comfortable defending this in court,” he said during debate in the Senate before voting to override the governor’s veto. “It is fair. It does meet the guidelines. It is good for Kansans. We did listen to the people and that’s what will be tested. I’m very comfortable with it.”

Masterson punished three Republican senators who initially opposed the veto override by stripping them of committee assignments.

The lawsuits contend the Ad Astra 2 map violates protections in the Kansas Constitution’s Bill of Rights: All political power is inherent in the people, the power of government is for the people’s equal protection and benefit, and the right to suffrage.

“Through manipulation and abuse of legislative procedures, the Kansas Legislature rushed through an extreme and intentional partisan and racial gerrymander of the state’s congressional districts,” the ACLU lawsuit says.

Brett said she rejects the notion that partisan gerrymandering is inevitable.

“I would say this is a really extreme example of having a partisan goal in mind from the very beginning and basically all through the process,” Brett said.

The Loud Light lawsuit says the Cook Political Report concluded every district in the Ad Astra 2 map is favorable to Republicans, who would have a 2-point advantage over Davids in a “toss up” in the new 3rd District.

“By cracking Democratic voters across the state, the Republican supermajority deprived Democrats in Kansas of the fundamental right to equal voting power,” the Loud Light lawsuit says.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2022/02/14/voting-rights-groups-launch-court-battle-over-new-kansas-congressional-map/
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