West
San Jose State volleyball coach with transgender player says politics plays into opponents forfeiting
The San Jose State women’s volleyball team lost to Colorado State on Thursday night in one of its rare non-cancelled games in recent weeks. Head coach Todd Kress said he even considered thanking Colorado State coach Emily Kohan just for agreeing to play his team, as the program is currently at the center of a national controversy.
Four of San Jose State’s scheduled opponents – Boise State, Southern Utah, Wyoming and Utah State – all forfeited their games to the Spartans amid an ongoing lawsuit by one of its players over the presence of a transgender player on the team.
“I walked up to Emily tonight, and I was like, ‘Should I say thank you for playing us?’ I seriously meant that because, of course, we’re disappointed that we’re losing opportunities to play, but it’s not just us that are losing opportunities to play. It’s the people choosing not to play us, and that’s very unfortunate when it comes to these young women that have earned the right to step on the court and play,” Kress said in a postgame press conference, as seen in documents obtained by Fox News Digital.
Colorado State University police behind the San Jose State University Spartans’ bench monitor Moby Arena during an NCAA Mountain West women’s volleyball game between the Spartans and the Colorado State Rams in Fort Collins, Colo., on Thursday, Oct. 3, 2024.
San Jose Redshirt junior Blaire Fleming, who had 14 kills but with 10 errors on Thursday night, is a transgender athlete who has played for San Jose State since 2022 after transferring from Coastal Carolina. Meanwhile, junior Brooke Slusser, who joined the team in 2023 after transferring from Alabama, joined in a lawsuit against the NCAA, headed by former college swimmer and OutKick contributor Riley Gaines, over the governing body’s current policies on gender identity. Slusser cited her experience with Fleming when she joined the lawsuit.
WOMEN’S VOLLEYBALL TEAM WITH TRANSGENDER PLAYER GETTING POLICE PROTECTION AMID INTENSE BACKLASH
Slusser claimed that she had not been aware that Fleming was transgender, despite sharing rooms together on team trips, per the court documents. Slusser also expressed safety concerns for opponents playing against Fleming. Slusser’s complaint said that she and the other players on the team “could not fully protect themselves” from Fleming’s volleyball spikes.
Idaho governor Brad Little, Utah governor Spencer Cox and Wyoming governor Mark Gordon commended the four universities in their respective states over the decisions to forfeit their games against San Jose State amid the controversy.
Kress said he believes that the role of government has impeded his team’s ability to play the matches on its schedule.
“We’re in a position where it appears that government and politics has kind of intertwined itself with college sports. And the one thing that I love about college sports, it’s always been a safe haven for me, that’s one area that government I don’t think should be involved. And it seems that some of those decisions are being made at levels to where they’re denying their student athletes as well, which is then denying our student athletes,” Kress said.
Many states have taken legislative action over the past year aimed to keep transgenders out of women’s sports, including the Defending Women’s Sports Act, which Little issued an executive order for his states to carry out in August.
However, most of these actions are in response to attempted Title IX changes by the Biden-Harris administration. In April, the Biden administration issued a sweeping rule that clarified that Title IX’s ban on “sex” discrimination in schools covers discrimination based on gender identity, sexual orientation and “pregnancy or related conditions.”
GOP GOVERNOR REVEALS WHY HE ORDERED SCHOOLS TO BAR TRANSGENDERS FROM GIRLS SPORTS
U.S. President Joe Biden holds hands with Vice President Kamala Harris (R) during a ceremony honoring the Golden State Warriors on January 17, 2023, in Washington, D.C. The Warriors won the 2022 NBA Championship. (Photo by Win McNamee/Getty Images) (Getty Images)
The rule took effect Aug. 1, and, for the first time, the law stated that discrimination based on sex includes conduct related to a person’s gender identity. The Biden administration insisted that the regulation does not address athletic eligibility. However, multiple experts presented evidence to Fox News Digital in June that Biden’s claims that it would not result in biological men participating in women’s sports weren’t true and that the proposal would ultimately put more biological men in women’s sports.
The Supreme Court voted 5-4 to reject a Biden emergency request to enforce portions of that new rule that includes protection from discrimination for transgender students under Title IX, after more than two dozen Republican attorneys general sued to block the Title IX changes in their own states.
Now, with states like Idaho taking countermeasures against these amendments, Little may have to prepare for even further countermeasures at the federal level in the event of a Harris victory this November.
“We’ll cross that bridge when we come to it,” Little told Fox News Digital in an exclusive interview when asked whether he expects a Harris victory to result in his schools losing federal funding due to the order he just passed. “From a national standpoint, there are radical little groups that want to implement changes in the rules that we have already.”
Meanwhile, Kress will look to navigate his team’s season in a landscape of different state laws impacting his team’s schedule. Kress added that the situation involving the game cancelations, the lawsuit and national controversy have impacted the mental well-being not only of Fleming, but the team as a whole.
One of Fleming’s teammates joined several other female athletes in suing the NCAA for Title IX violations. (San Jose State University)
“I talked to all of our students. You know, I am a father first, right? I had two boys of my own, and I know that mental health is a real thing, and I know that my kids get through it, and so I think that’s the first thing I look out for, is protecting physical and mental health. Do I talk with Blaire? She is taking the majority of the heat, but all of our athletes are taking some of this. So, you know, I’m really trying to talk to all of our student athletes and see how they’re doing,” Kress said.
Things have gotten to the point where university police have been assigned to provide added security to the team in response to negative attention it has received recently, a San Jose State spokesperson told Fox News Digital on Thursday.
Blaire Fleming, a redshirt senior at San Jose State University, plays as an outside and right-side hitter on the women’s volleyball team. (San Jose State University)
Still, San Jose State was technically undefeated going into Thursday night, as the forfeits by the other programs counted as wins for the Spartans by default. They are now 9-1 with a 3-1 conference record. The forfeits don’t count toward the team’s NCAA resume, but Fleming’s skills and spiking ability may be just one advantage that could help the team reach the tournament, as Kress believes the tension in the locker room might not be “a bad thing” from a competitive standpoint.
“Sometimes tension is not necessarily a bad thing, and I’m not saying that there is. But you know, when you do have tension or you do have confrontations, I mean, I’m a person that believes that from confrontation, good things usually happen. We settle our differences, and we work through it,” Kress said.
“The last thing that I would want is there’s the white elephant in the room, and there is no tension, we don’t address it, and we never move past it, right? So I think there may be tension, but it dies. If we’re in a meeting room and there’s tension, it dies there. If there’s tension on the court, it dies there. We really don’t let the boundaries cross over, and that’s how I think we’ve been so successful thus far.”
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New Mexico
What will it take to get the Rio Grande flowing again?
ALBUQUERQUE, N.M. — If you’ve driven or walked by the Rio Grande in Albuquerque, you’ve noticed it’s bone dry. The reason might be obvious to most: We live in the Southwest and have had little rain or snowpack. But as our community, especially farmers, struggle, are our leaders doing anything to solve this issue that seems to be recurring?
“I had been here like maybe a month ago, and there was some water, and then I came a week ago, and I was like, we literally can walk across the Rio Grande,” Kat Walker said.
Even though we live in the Southwest, that’s the reaction most locals have after realizing they can walk through the Rio Grande without getting a drop on them.
Middle Rio Grande Conservancy District CEO Jason Casuga said this year could go down as one of the worst for how much water we’ve received.
“There are communities out there that are suffering to a degree that we haven’t seen in a long, long time,” he said.
Farmers are one of the largest groups being impacted. Some haven’t been able to irrigate their crops in months.
“There are irrigators north of Isleta Pueblo who are 60 days out from the last day they irrigated. Sixty days. Let’s put that into perspective. And so that’s a struggle,” Casuga said.
This is the second summer in a row the Rio Grande has dried up. Right now, an 87-mile-long stretch has no water in the Rio Grande. Casuga said that’s normally in the 40-to-50-mile range.
What can be done?
Casuga believes tools like storing water could help our water issue.
“We have had bad years between the ’50s and now, but MRGCD and others could store water in upstream reservoirs, so in a dry year like this, we would be releasing water,” he said.
But actually doing that isn’t that simple because of what’s known as the Rio Grande Compact. It’s an agreement between New Mexico, Colorado, and Texas that essentially divvies up water from the Rio Grande Basin. It’s law in each state.
“Within the articles of the compact, depending on which article is triggered, you have operational restrictions, and the further that we get in debt as a state to the compact, the more operational restrictions we have,” he continued. “We haven’t violated it yet. We just are behind on our responsibility to deliver water.”
Casuga believes once the state is out of its compact debt, it will have a better chance at managing water. Because that debt means New Mexico can’t store water for itself right now, a restriction water managers wish wasn’t so rigid in dry years.
“I do think there are improvements we can make to delivering water under the compact that would free up some tools to help us manage drought better,” he continued. “Our processes need to be more flexible and more responsive when we have extreme drought.”
He said the state is working with the feds, but unfortunately, it’s a long process. So for now, things will be dry a bit longer.
Hope is in the forecast
Before 2022, the river in Albuquerque hadn’t gone dry like this in 40 years. Casuga reiterated: This is likely one of the worst droughts we’ve ever been in.
“The overall water year is not done yet, but it could go down as one of the worst or the worst years depending on the way the monsoon season shapes up,” he said.
The good news is a strong El Niño is forecast for this year, which could bring some much-needed precipitation.
“In terms of now, what we can do now, we’re really in the hands of whether it rains or not from this point to the end of the year, but I do think things are shaping up that give us indications we can have a much better snow year as we enter November through next March, and maybe we won’t be sitting here in a dry riverbed in July next year,” Casuga said.
Oregon
A Song Gives a Look Into Oregon’s Largest Juvenile Corrections Facility
When asked if he’d like to join the music program Keys, Beats, Bars, Mikey, who’s currently incarcerated at MacLaren Youth Correctional Facility in Woodburn, figured it would be a good chance to spend some time outside of his unit.
Through a series of workshops, the program brought local musicians and educators into the facilities. They made beats and taught the group about rhyme schemes and rap bars. It was a way for Mikey and his peers to make music, but also to discuss common interests and their shared experiences at MacLaren as they brainstormed lyrics.
Eventually, they recorded a song, “No Ceilings,” about the barriers of incarceration, the music video for which is premiering at a July 11 benefit concert at the Tomorrow Theater dubbed the Restorative Justice Showcase.
Several formerly incarcerated artists feature on the night’s bill, including Keys, Beats, Bars co-founder Talilo Marfil and influential rapper and activist Mic Crenshaw, who led the workshops that produced “No Ceilings.” Hip-hop artist Swiggy Mandela will lead a live cypher, or freestyle rap session, with music by duo Alley Oop to end the show.
Mikey, not his real name, called the songwriting process “therapeutic.”
“Being able to listen to the beats or just channel that, in a positive way,” Mikey says, “I’m glad that I got the opportunity to utilize that while I’m here.”
Music has always been a part of Mikey’s life. His mom played Mariah Carey and DeBarge, and his grandma always had something on when they spent time together on weekends. When he’s feeling irritated or doesn’t want to be bothered, he turns to music.
“You find little achievements and little accolades along the way that, while you’re doing your time, make it easier to get through the day,” Mikey says. “Some people like reading books. Some people like playing basketball. Some people like listening to music.”
Marfil, who is also executive director of the peer advocacy program Ascending Flow, says he wishes he’d had programs like this when he was incarcerated. He found support through church, “but not everybody relates to church,” he says.
After his release, Marfil enrolled in Outside the Frame, an organization that provides homeless youth access to filmmaking resources. “It made me feel like my story mattered and that it was worth telling,” he says. “They gave me opportunities to show my films, my music, to the greater public in front of sold-out shows. Going from dreaming about it in a cell to actually doing it is a game changer for an individual.”
Keys, Beats, Bars runs several music programs for disadvantaged youth. But Marfil, alongside musician and community organizer Adam Carpinelli, launched the workshops at MacLaren.
“I’ve seen it give them hope,” Marfil says. “I think that’s the most important thing: hope, motivation, inspiration and, for a moment, a sense of relief through expression.”
To protect their anonymity, the music video couldn’t feature Mikey, who raps on the song, and his bandmates directly. Instead, Marfil contracted an artist to animate the song’s narrative, which follows a boy from childhood to incarceration.
“Usually, you don’t get to do stuff like that up in jail,” Mikey says, adding that he appreciated the project’s follow-through. “It was kind of cool being able to get the opportunity to record.”
MacLaren is Oregon’s largest juvenile correctional facility. It houses up to 187 youth, ranging ages 12 to 25. While similar to a jail or prison, this style of youth correctional facility places a stronger focus on education and rehabilitation. In contrast to juvenile transitional facilities and residential programs, MacLaren is closed-custody, meaning it’s secure and fenced. In 2025, a Marion County grand jury tasked with assessing MacLaren’s conditions titled its report “Cascading Failures,” citing gang activity, extensive contraband, sexual abuse and staff shortages.
Marfil stresses the role programs like Keys, Beats, Bars play in larger efforts toward restorative justice, and towards ameliorating systemic inequities in the U.S. prison system.
Projecting incarcerated youths’ voices outside of detention facilities is a powerful means for effecting change.
“The song is really just a reflection of being in the facilities and dreaming of what could be possible without the barriers that got them there in the first place, and what they want the community to see about themselves when they get out,” Marfil says. “‘No Ceilings’ is a good example of seeing that youth who are incarcerated have hopes and dreams, and they can contribute something to society.”
SEE IT: Restorative Justice Showcase & Voices From the Inside: A Youth Music Video Premiere at Tomorrow Theater, 3530 SE Division St., tomorrowtheater.org. 3 pm Saturday, July 11. $15. All ages.
HEAR: “No Ceilings” by Keys, Beats, Bars streams on YouTube and Apple Music.
Utah
Chicago man guilty of trafficking 25 lbs of cocaine through Utah with gun, $14k in cash
ST. GEORGE, Utah (KUTV) — A jury returned a guilty verdict against a Chicago man accused of trafficking 25 pounds of cocaine through Utah with a firearm and cash.
Marcus Kentral Brown, 41, of Chicago, was found guilty on Tuesday of possessing 500 grams or more of cocaine with the intent to distribute and carrying a firearm in relation to a drug trafficking crime.
A Utah Highway Patrol trooper pulled Brown over in his Jeep Grand Cherokee on July 13, 2021. Brown reportedly said that he was traveling back to Chicago from California.
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The U.S. Attorney’s Office District of Utah said that, according to evidence presented at trial, the trooper conducted a consensual search of the vehicle and found 10 packages of cocaine (25 pounds worth) and a loaded Glock pistol in a hidden compartment in the rear cargo area. The trooper also found air fresheners and about $14,000 in cash.
Brown is scheduled to be sentenced on Oct. 28 in St. George.
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