By JOHN HANNA

TOPEKA, Kan. (AP) — Kansas’ highest court ruled Friday that cities can raise the age for buying tobacco products even though state law sets it at 18, bolstering a public health movement driven in part by concerns about teenagers’ use of e-cigarettes.

The state Supreme Court’s unanimous decision allows the city of Topeka to enforce an ordinance setting the age to buy tobacco products, e-cigarettes or liquid nicotine at 21. A company operating two local businesses, Vapebar Topeka and Puffs ‘n’ Stuff, sued just before the ordinance took effect in January 2018, and a lower-court judge blocked it.

The ruling had broader implications because 19 other Kansas cities have raised the age for buying tobacco to 21, and five counties have done so in areas outside cities.

More than 470 cities and counties in 29 states have raised the age to 21, as have 17 states, according to Tobacco 21, a national group promoting the higher age as a way to reduce smoking and e-cigarette use among young people. Also, the U.S. Senate is considering bipartisan legislation to raise the age nationally to 21.

“What people understand is that their kids are getting addicted and they have to do something,” said Dr. Rob Crane, president of Tobacco 21.

In Kansas, the state constitution gives cities “home rule” power, allowing them to set policies locally on a wide variety of issues, even if the state has laws on them. The exceptions are when a state law bars cities from acting or when a local ordinance conflicts with a state law.

The local businesses argued that by setting the age for buying tobacco products at 18, the state law implied that cities cannot go higher. They also argued that the Topeka ordinance conflicted with the state law.

But, writing for the court, Justice Caleb Stegall said raising the age for buying tobacco products “merely enlarges” on the state law, without creating a conflict. Also, he wrote, nothing in the law expressly forbids cities from acting.

Tuck Duncan, the attorney for the local businesses, said the ruling still allows another challenge on other grounds, such as a claim that the city did not adequately document the public health problems used to justify its ordinance. But he said businesses ultimately could face “a patchwork quilt” of rules — and not just on selling tobacco products.

“This is a huge barn door being opened for municipal governments to modify a whole raft of laws,” Duncan said. “What’s to say that the city of Topeka can’t have its own ordinances now, licensing physicians?”

Duncan also questioned the effectiveness of the ordinance in preventing sales of tobacco products to 18-, 19- and 20-year-olds.

“They’ll just go someplace else to buy it,” he said.

Still, Craig Barnes, a Shawnee County Health Department official who serves on the Tobacco Free Kansas Coalition’s board, said he was “ecstatic” about the ruling. Barnes said almost all high school seniors turn 18 before graduating, and allowing them to buy tobacco products legally makes it more likely younger students will gain access to them.

“Our hope is to dramatically decrease the number of youth who ultimately get started using tobacco products at a younger age,” Barnes said. “That leads to that lifelong addiction.”

 

GEARY COUNTY —Former Geary County Sheriff Tony Wolf has been placed on 12 months probation and ordered to pay restitution totaling $2,200 plus costs and fees. That was the controlling sentence handed down in Geary County District Court on Friday morning for Wolf, who in April. pleaded no contest and was found guilty of one felony count of Theft, and a misdemeanor charge of Misuse of Public Funds, according to a media release.

Wolf submitted his resignation from the sheriff’s post in April following his convictions.

In District Court on Friday the court followed the recommendation of the attorneys and the plea agreement in the case, and sentenced Wolf to 12 months probation on each count. But they are to run concurrently, meaning 12 months is the controlling term.

Wolf stated in court, “I’m sorry. This is tough, this is real tough,” and he apologized. Wolf was remorseful, “I’m sorry this had to work out this way,” and also told the community that he was sorry.

According to the factual basis outlined in court in April, Wolf authorized an expense of $530.00 against a county credit card to purchase tires for a friend’s vehicle but initially claimed it was a payment to a confidential informat for drug information, which was false. Later he admitted to a KBI agent that the tires were purchase for a friend. Those funds were credited by the vendor back to the credit card and Wolf later paid the vendor.

In the second case Wolf used state asset forfeiture funds to purchase items ranging from weapons and ammunition to a scope. Wolf turned in a list on that, but it did not include six items including a scope. He will make the $2,200 restitution in that case.

As a result of his felony conviction Wolf cannot own, use or possess a firearm for five years.

CALIFORNIA, Mo. (AP) — A 37-year-old central Missouri man who admitted killing his 1-year-old son and burning the body has been sentenced to life in prison.

Matthew Hamm, of Fortuna, was sentenced Thursday for second-degree murder and abandonment of a corpse in the boy’s May 2017 death.

He pleaded guilty in December in a plea deal that reduced the original first-degree murder charge.

The Jefferson City News-Tribune reports authorities found the boy’s skeletal remains inside Hamm’s home and in a burn pit on the property after the child’s mother notified police.

Hamm initially told authorities the boy died after choking. He later admitted hitting the boy after he spilled a bowl of water.

Hamm told authorities he was upset that a family member hadn’t shown up to take care of the baby.

TOPEKA, KAN. – A Kansas man was indicted Thursday on charges of robbing two cash loan stores, according to U.S. Attorney Stephen McAllister.

Derick Renee Crawford, 29, Topeka, was charged with two counts of commercial robbery. The indictment alleges Crawford committed the following robberies including Advance America, 2232 Louisiana Street in Lawrence, on Feb. 21 and Advance America, 1947 Northwest Topeka Blvd. in Topeka, on March 29.

If convicted, Crawford faces a penalty of up to 20 years in federal prison and a fine up to $250,000.

LEBANON, Mo. (AP) — Several Missouri jail employees have been disciplined after an armed robbery suspect escaped by posing as another inmate and then was recaptured after crashing a stolen car while fleeing.

Laclede County Sheriff David Millsap says staff was to blame for failing to confirm Steven Joe Mitchell’s identify before releasing him. Millsap says no one was fired, but some employees were suspended without pay or reprimanded in writing. Release procedures also are being strengthened.

Mitchell now faces additional charges. And Millsap says that although the investigation into whether Mitchell had help is ongoing, he anticipates other inmates will face more charges as well.

He says the original story about Mitchell taking paperwork from an inmate who fell asleep while waiting to be released doesn’t appear to be true.

TOPEKA, Kan. (AP) — Vaccination opponents in Kansas have mobilized against a plan from the state health department to require more immunizations children in school and day care.

Dozens of them packed a public hearing on a regulation drafted by the Kansas Department of Health and Environment.

Standing room only as #Kansas citizens wait to listen and share their opinions on the proposed school #vaccine requirements. pic.twitter.com/o4qlf1xgk6

— Immunize Kansas Coalition (@ImmKSCoalition) June 27, 2019

The new rule would require children in school and day care to be vaccinated against meningitis and hepatitis A. The state already requires immunizations against polio, diphtheria, measles, German measles, whooping cough, mumps, chickenpox and hepatitis B. The change could take effect later this year, depending on how the department responds to comments.

The new rule would put Kansas in line with recommendations from the Advisory Committee for Immunization Practices, which guides vaccine use in the U.S. Kansas’ health department also pursued greater vaccination requirements amid outbreaks of measles, a disease easily prevented with a shot.

The new rule would preserve exemptions from vaccination mandates for medical or religious reasons, but many people in the hearing said the requirements give the government too much power. They also argued that vaccine skeptics are ignored and problems kept quiet.

“Vaccine science is tobacco science,” said Tasha Haas, a writing instructor at Kansas City Kansas Community College who spoke against the requirement.

Vaccine opponents said parents should decide whether their children are immunized and suggested that a recent Kansas Supreme Court decision protecting abortion rights gives people an absolute right to make their own medical decisions.

But health department spokeswoman Kristi Pankratz said the remarks at Thursday’s hearing are only a small portion of the comments that the agency has received about the rule in the past 60 days.

A handful of health advocates and health care professionals at Thursday’s hearing emphasized the importance of vaccines.

Gretchen Homan, a Wichita pediatrician and chairwoman of the Immunize Kansas Coalition, said children need to be able to attend school without fear of becoming sick from infectious disease.

“There are things in this world that we cannot change,” Homan said. “But the things I can protect them from, like infectious disease, I will make that choice.

MORRIS COUNTY — Law enforcement authorities are investigating the theft of farm equipment from a rural business and asking the public for help identifying suspects.

On June 23, several vehicles were stolen from the Oleen Brothers’ Headquarters, a registered cow-calf and quarterhorse business in rural Dwight, according to the Morris County Sheriff. The items stolen included a Brown 3500 Dodge Ram Truck pulling an Aluminum EBY Trailer with the company’s Brand Logo on it, two 900 series Polaris Rangers (one with orange highlights and one with olive green) both with 60 gal. pressure water tanks, and a Red Ford F250 feed truck with a feed box on the back. The suspects reportedly arrived from White City on Highway 4. The vehicle they were driving appears to be a light colored Chevy Avalanche with dark trim.

If you have seen or have any information regarding the vehicles or the people responsible for this theft, please call the Sheriff @ 620-767-6310 or Arden Oleen @ 785-466-1422. Thank You