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Outrage in Wyoming erupts over public-land auction

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Outrage in Wyoming erupts over public-land auction


The 640-acre Kelly parcel in Grand Teton National Park is home to elk, mule deer and bison, and is on the famous Path of the Pronghorn. It could go to the highest bidder tomorrow, Dec. 7. Photo courtesy Savannah Rose

by
Savannah Rose

There’s a 640-acre parcel of magnificent, state-owned
public land in Wyoming that’s set for auction tomorrow unless the state
changes its mind.

Simply put, this small inholding, known as the “Kelly parcel,” should
never be privatized—never. It is one of the most awe-inspiring
and important pieces of open space remaining in America. Within Grand Teton National Park, its borders include the National
Elk Refuge and Bridger-Teton National Forest. Its value was appraised in 2022 at $62.4
million. However, the director of the Office of State
Lands and Investment just recommended a starting bid of $80
million.

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But its real value isn’t about money: The land is a vital
migration corridor for elk, moose, big horn sheep antelope, pronghorn and mule
deer traveling into and out of the national park. It also hosts
87 other “Species of Greatest Conservation Need.” And the annual, 200-mile-long migration corridor known as the Path of the Pronghorn—from
Grand Teton National Park to the upper Green River Basin—passes right
through the Kelly parcel at the crux of what’s
recognized as the longest mammalian migration in the contiguous
United States. 

“National parks are heralded as ‘America’s best idea,’ and auctioning off public land within Grand Teton National Park would stand out as Wyoming’s worst idea. If they go to auction, the state and everyone loses control.” 
 Dave Sollitt, executive director, Jackson Hole Conservation Alliance

Wyomingites have been resolute in their opposition to selling the state-owned
parcel. Publicity generated by the Jackson Hole Conservation Alliance
collected more than 2,600 comments from people opposed to an auction, and
hundreds of opponents turned out at each of four public
hearings in November. Many others contacted the state
directly for a total of more than 10,000 people opposed
to a state auction. 

Yet this week the Wyoming State Board of Land Commissioners
will decide whether a private owner gets to do whatever they want
with the Kelly parcel once they bid highest at auction—
fence it, subdivide it, certainly road it. With its iconic views of the Tetons and natural beauty that’s
surrounded by public land—plus sporting one of the most coveted
zip codes in the country—the Kelly parcel will most
likely be snatched up at auction by a billionaire with
development and dollar signs in their eyes. 
 
“The people of Wyoming would not want to be part of a legacy
where this land fell into a private developer’s hands and see that
beautiful landscape dotted with a few select starter castles,” said
John Turner, former director of the U.S. Fish and Wildlife
Service, at one of the hearings.

There is
no rush to dispose of the Kelly parcel, no deadline to
cash in before the bank forecloses or a buyer
backs out. But an auction changes everything, in a way that can
never be undone. 
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That is why Dave Sollitt, executive director of the Jackson Hole
Conservation Alliance is asking the State Board of Land Commissioners to
put a stop to this auction and focus on working with state
legislators to find a way to sell the Kelly parcel to Grand
Teton National Park, where it belongs.

“National parks are heralded as ‘America’s best idea,’ and auctioning off
public land within Grand Teton National Park would stand out as Wyoming’s worst
idea,” Sollitt said. “If they go to auction, the state and everyone
loses control. That’s how auctions work.”

Though money generated from auctioning the Kelly parcel to the highest
bidder would contribute some $4,000 annually to the support of public
schools, the windfall to the state would also come at an
immeasurable cost to wildlife.

There is a better approach. Selling the parcel to the National
Park Service—as Wyoming did with its other three parcels within the park—is
projected to generate up to $120 million over 30 years. NPS tried to buy the Kelly Parcel in 2015,
but the agency lacked enough money to make the deal then
and now. 

Establishing ourselves as the first state to auction off public land
within a national park is likely to blight Wyoming’s reputation
beyond recovery. It should be clear: Privatizing an irreplaceable area
within a national park for short-term gain is a foolish and
destructive move.

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Savannah Rose is a contributor to Writers on the Range,
an independent nonprofit dedicated to spurring lively conversation about the West.
She lives in Jackson, Wyoming, and is a wildlife
photographer who cares about keeping ecosystems intact. Rose’s piece is
repurposed here as part of a collaboration with
Mountain Journal.

_______________________________________________________________________________________________________________________________

Mountain Journal is the only nonprofit, public-interest journalism organization of its kind dedicated to covering the wildlife and wild lands of Greater Yellowstone. We take pride in our work, yet to keep bold, independent journalism free, we need your support. Please donate here. Thank you.





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Wyoming

11 Affordable Destinations In Wyoming For Budget Travelers

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11 Affordable Destinations In Wyoming For Budget Travelers


Wyoming, known for its breathtaking landscapes and outdoor adventures, has a treasure trove of experiences that won’t break the bank. From the majestic peaks of the Rocky Mountains to the stunning geysers of Yellowstone National Park, this state offers a diverse range of attractions that appeal to nature lovers, history buffs, and outdoor enthusiasts alike.

While Wyoming may be famous for its vast wilderness and iconic national parks, it also boasts hidden gems that provide affordable options for budget travelers. Away from the major metro areas, Wyoming offers notable destinations that allow you to experience the beauty and adventure of the Cowboy State without overspending. Whether you are seeking picturesque hiking trails in Worland or fascinating historical sites in Rawlins, these affordable destinations in Wyoming will help you make the most of your trip without straining your wallet.

Rock Springs

Overlooking Rock Springs, Wyoming.

Clear blue skies and vast open fields punctuate the rich outdoor scenery in this quaint college town of Sweetwater County. Rock Springs offers multiple park areas that visitors can freely access for recreation. Among the local favorites is Bittercreek Bark Park, known for its delightful amenities, such as walking pathways, scenic picnic pots, and a small pond. Meanwhile, you can fill up your gas tank for an exciting sightseeing drive along the Uintas National Scenic Byway. The beautiful route showcases appealing natural features, highlighted by the Green River and Flaming Gorge.

For $20, tourists are invited to enjoy an adrenaline-filled show on dirt at the Sweetwater Speedway. This family-friendly spectacle pits talented racecar drivers in an electric atmosphere. Rock Springs has multiple accommodation options that won’t ruin your budget. Holiday Inn Rock Springs offers comfortable rooms for around $70 a night.

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Glenrock

Street view in Glenrock, Wyoming.
Street view in Glenrock, Wyoming. Image credit Andrew Farkas – Own work, CC BY-SA 3.0, File:Commerce Block commercial building in Glenrock, WY USA.jpg – Wikimedia Commons

A mix of inviting natural areas and a captivating backstory keeps travelers interested in this small village of Converse County. Natural history lovers are drawn to the Glenrock Paleon Museum, which boasts an intriguing collection of quirky exhibits highlighting prehistoric life, such as dinosaur bones, fossils, and archeological specimens. The Duncan Ranch Trailhead beckons newcomers to explore the great outdoors during a fun hiking expedition. This charming 5-mile walkway poses a moderate challenge but rewards you with wildlife viewing opportunities.

Those who prefer a less strenuous activity can opt to play golf at the Glenrock Golf Course. Perfectly tailored for beginners, its nine holes and magnificent views make it a popular getaway spot in Glenrock. Finally, you can find lodging for less than $100 at Motel 6 Casper in the neighboring town.

Kemmerer

The Lincoln County Courthouse in Kemmerer, Wyoming.
The Lincoln County Courthouse in Kemmerer, Wyoming. Image credit davidrh via Shutterstock

Kemmerer’s colorful century-old heritage has seen it live through coal mining, railroad building, and bootlegging eras. It is chock full of exciting folklore and stories preserved at the Fossil Country Frontier Museum. Inside, a whimsical artifact collection acclimatizes first-timers to Kemmerer’s natural and cultural heritage. Meanwhile, guests can tour the J C Penney House and Museum for a vivid feel of local history inside the early 1900s home of James Cash Penney, listed on the National Register.

There is always a chance to hit the outdoors, and Fossil Butte National Monument welcomes adventurers who want to hike its dynamic trails and discover its thriving wildlife. For accommodation, book a room at the Antler Motel starting at $84.

Diamondville

Fossil Butte National Monument near Diamondville, Wyoming.
Fossil Butte National Monument near Diamondville, Wyoming.

The perfect small-town getaway for thrifty travelers, this high desert enclave in southwest Wyoming is a great place to visit without worrying about spending. A suburb of Kemmerer, this community is steeped in coal mining history, and its deserted mines and tunnels are popular exploration sites for newcomers to the town. A half-hour drive from the village takes you to Fossil Butte National Monument, where opportunities abound for hikers, nature lovers, sightseers, and campers.

Housing less than 1,000 residents, an opportunity to mingle with locals is always welcome. You can do this over a delicious Italian meal at Luigi’s Supper Club, which delights patrons with a welcoming atmosphere. When you need a place to spend the night, Super 8 by Wyndham Diamondville Kemmerer is a pocket-friendly option, charging around $90 per night.

Rawlins

Wyoming Frontier Prison Museum in Rawlins, Wyoming.
Wyoming Frontier Prison Museum in Rawlins, Wyoming.

Rawlins credits its existence to the passing of the Union Pacific Railroad line, emerging as a freight station along the famous route. Visitors come for the history, which the Carbon County Museum preserves and interprets. Touring the facility reveals interactive exhibits that shed light on the area’s cultural diversity with tales of Native Americans, outlaws, and lawmen. You can delve further into local history at the Wyoming Frontier Prison Museum. For $12, an hour-long tour takes you through the rustic hallways of Wyoming’s first state penitentiary.

Elsewhere, those who crave an escape to the open spaces will love playing golf at the Rochelle Ranch Golf Course. Ranked as the longest course in Wyoming, this 18-hole facility challenges beginner and seasoned players alike. Lastly, cheap accommodation is available at 1st Choice Inn or Econo Lodge, where you can spend $75 for a cozy night’s sleep.

Worland

Trail of the Whispering Giants totem statue in Worland, Wyoming.
Trail of the Whispering Giants totem statue in Worland, Wyoming. Image credit melissamn via Shutterstock

This vibrant river community features interesting museums, outdoor opportunities, and affordable eats. It is home to the Washakie Museum and Cultural Center, which uses a catalog of archeological and paleontological exhibits to introduce guests to the dynamic heritage of communities in the Bighorn Basin. You can soak up picturesque scenery during a laid-back trek on the Gooseberry Badlands Scenic Overlook and Trail. This lovely vantage point provides sweeping views of the surrounding landscapes.

One of the best times to visit Worland is during the Wyoming State BBQ Championship and Bluegrass Festival. This annual extravaganza unites locals and visitors with family-friendly activities, including live music and good, fun games. When it’s time to call it a night, consider staying at Days Inn by Wyndham for $119.

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Lusk

Downtown Lusk, Wyoming.
Downtown Lusk, Wyoming. Image credit Traveller70 via Shutterstock

Lusk traces its beginnings to 1886 and was named after its founder, rancher Frank S. Lusk. Its rich heritage oscillates around ranching, railroading, and oil, something you can learn more about by visiting the C and H Refinery Historic District. Downtown Lusk has a pedestrian-friendly and lively corridor where you can discover cute cafes, shops, and boutiques. If you need to grab a quick bite, stop at the Outpost Cafe to savor delicious comfort meals like chicken fried steak and hashbrowns.

Furthermore, golf lovers can indulge in their go-to hobby at the 9-hole Niobrara Country Club. Boasting well-groomed greens and terrific views, it offers challenging plays for all skill levels. Finally, you won’t have to search far and wide for pocket-friendly lodging, as the Covered Wagon Motel will accommodate you for around $125 a night.

Torrington

A motel in Torrington, Wyoming.
A motel in Torrington, Wyoming. Image credit Logan Bush via Shutterstock

Home to Eastern Wyoming College, Torrington has a subtle vibrancy that keeps visitors in high spirits. It offers several attractions, including the Homesteaders Museum, to keep visitors engaged. Inside the facility, a lovely collection of artifacts recounts the region’s history, and most people are intrigued by the county’s first car on display. If you patronize the Silver Screen, you can catch the latest Hollywood Blockbusters at Torrington Cinemas while enjoying delicious popcorn.

Meanwhile, craft beer lovers can join locals at the Open Barrel Brewing Company to revel in the great taste of homegrown beers and ales. Finally, you have multiple lodging options in Torrington, but America’s Best Value Inn has some of the best rates at $120 per night.

Wheatland

Aerial view of Wheatland, Wyoming, during winter.
Aerial view of Wheatland, Wyoming, during winter.

If you are looking for affordable destinations in Wyoming where you can immerse in outdoor adventures near Cheyenne, it doesn’t get better than Wheatland. This is a credit to the nearby Grayrocks Reservoir, which provides a 3,500-acre recreational playground with opportunities like camping, fishing, hiking, and nature photography. Wheatland also harbors a beautiful downtown area with exciting attractions. Cinema West Theatre is a must-visit for movie lovers, known to screen classic and new movies for tickets as low as $6.

However, history buffs gravitate towards Laramie Peak Museum, which brings Wheatland’s cultural and historical heritage to life through fascinating artifacts and memorabilia. For just $65, you can spend a peaceful night at Motel 6 Wheatland.

Pine Bluffs

Welcome Wyoming sign along the interstate I-80 in Pine Bluffs, Wyoming.
Welcome Wyoming sign along the interstate I-80 in Pine Bluffs, Wyoming. Image credit David S Swierczek via Shutterstock

Pine Bluffs emerged with the passing of the Union Pacific in the 1860s, which saw it experiencing spontaneous growth. Visitors can learn more about the town’s past at the Texas Trail Museum. This former firehouse and power plant building exhibits artifacts that preserve the heritage of the Frontier Crossroads region. Meanwhile, Our Lady of Peace Shrine is a notable landmark in Pine Bluffs, featuring America’s largest Marian statue. It is common to see guests posing for a photo in front of the 30-foot structure.

Downtown Pine Bluffs provides several family-friendly locations that are ideal for relaxing, including Pine Bowl. In addition to bowling, the facility serves great food and drinks and has a pleasant bar area. Finally, consider staying at Cobblestone Inn and Suites for $130 to get value for your money.

Medicine Bow

Beautiful landscape near Medicine Bow, Wyoming.
Beautiful landscape near Medicine Bow, Wyoming.

The small town of Medicine Bow surprises many with its collection of local attractions. It promises plenty to see and do, whether you are an indoor or outdoor lover. You can start by visiting the Medicine Bow Museum. Situated inside a former railroad depot, the venue tells incredible stories of Native Americans, dinosaur discoveries, and ranching. Public Park serves as the local outdoor hub, providing decent amenities for townsfolk to gather and spend quality time in the open.

Meanwhile, East Allen Lake sits just south of the town, inviting outdoorsy travelers for secluded picnics and satisfying birdwatching sessions. Finally, book a stay at the Virginian Hotel for under $150. Or head to the Best Western Laramie Inn & Suites for $119; it is just under an hour’s drive outside town.

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Next time you decide to visit Cowboy State, consider exploring these affordable destinations in Wyoming to experience a wealth of fun opportunities without straining your budget. From breathtaking landscapes to charming small towns rich in history and culture, Wyoming has something to captivate every traveler in the United States. You don’t need to spend a fortune to enjoy the state’s natural beauty and outdoor adventures; instead, embrace the local charm and unique offerings at budget-friendly locations like Torrington and Medicine Bow.



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A Century of Citizenship: Views from Wind River Reservation on being Indigenous in America

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A Century of Citizenship: Views from Wind River Reservation on being Indigenous in America


A Century of Citizenship

Rhyia Joyheart, 26, is no stranger to the day-to-day grind of 21st-century life, such as rising rent, high grocery bills, and long hours spent in city traffic. Born on Wyoming’s Wind River Indian Reservation and currently working at Denver’s Urban Indian Health Clinic, Joyheart says bringing resources to Indigenous communities involves working with systems that are designed to exclude them.

“It’s become my passion to become a translator for our community, in the sense of making a spot at the table,” Joyheart says. “I do feel at times the only way to get anywhere is to assimilate to the system.”

Congress passed the Indian Citizenship Act a century ago, granting citizenship to “all noncitizen Indians born within the territorial limits of the United States.” Today, Native Americans claim dual citizenship, recognizing their identity with both their tribal nations and the United States. But this relationship is far from simple.

USA TODAY traveled to Wind River to learn from Indigenous community leaders about how they balance these identities a century onwards, and what gives them hope for a better future.

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Moving history, changing borders

Wes Martel, of Eastern Shoshone and Northern Arapaho heritage, sits with a plate of hash browns and fried eggs in front of him. At 74, he’s been active in tribal politics, buffalo restoration, environmental protection, and the fight for water rights. He thinks that Native Americans still live under the same legal constraints as they did a century ago.

He points to the Doctrine of Discovery, enacted by the Pope in the 15th century, which gave control of land to settlers who “discovered” it. The Vatican renounced the Doctrine, but it was cited by the U.S. Supreme Court as recently as 2005. 

He also takes issue with the authority the U.S. government holds over Native Americans, known as “plenary power,” defined as “complete or absolute authority granted to a governing body…without limitations.” In Martel’s words, Congress “can do whatever the hell they want.” 

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All this makes Martel question the equality of Native American citizenship.

“It’s 2024, as a tribal member, I can’t own land,” Martel says. The Bureau of Indian Affairs “has to hold it in a trust for me.” 

Martel points out that tribal nations along the Colorado River are reclaiming water rights and says that a brighter future is possible when Indigenous communities fight back.

“If you’re just going to give me some more Christianized, colonized attorneys, I don’t want no part of it,” Martel says. “We need some pit bulls for treaty law, constitutional law, and to fight this plenary power bullshit.”

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Martel sips his coffee and talks about the history of Wind River. An 1863 treaty had the territory of the Eastern Shoshones stretching as far as present-day Utah and Colorado. Laws and treaties cut the reservation’s size by 95 percent. The U.S. government moved the Northern Arapaho Tribal Nation to Wind River in 1878. 

At the turn of the 20th century, allotment and leasing acts opened up land to white settlers. Their descendants own property today, making Wind River a checkerboard of Indigenous and settler “discovered” land. 

Sitting at his dining table in a maroon Arizona Diamondbacks shirt, Clarence Thomas, 60, questions the borders that define modern sovereignty – not just Wind River. Thomas descends from the Onk Akimel O’odham (Pima) tribal nation near today’s U.S.-Mexico border and moved to Wind River for his wife, who is Eastern Shoshone. 

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Thomas’ ancestors historically roamed throughout the Southwest. Thomas says that “tribal cousins” now live across the U.S.-Mexico border. He prickles at the idea of closing it.

“This whole country is full of those who immigrated here. And we as Indigenous people, we just watch them come and go,” Thomas says. “But yet they are the ones who always will say, “let’s stop the immigrants.””

Assimilation, bridging two worlds

Jeff Means, an Oglala Sioux, argues that the notion of citizenship as a “gift” to Native Americans is “disingenuous.” As an associate professor of History and Native American and Indigenous studies at the University of Wyoming, Means says it’s the culmination of decades of policy designed to blend American Indians into white society. 

“All that you have left are the Natives who’ve known nothing else but reservation life. And they’re struggling desperately to try and maintain their identity and their sovereignty and independence,” Means says. “You’re now declaring these people citizens of a completely different nation.”

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Thomas says his elders taught him a similar message

“Citizenship in itself came with “you will do it this way, but that’s the only way you’ll do it,” Thomas says. “And in that, everything else is gone. And even to this point, we’re still, as tribal people, trying to gain that back. But it’s still a fight.”

Reinette Curry, 40, wears heart-shaped beaded earrings and a blue t-shirt. Curry works at the University of Wyoming and pushes for Indigenous education and cultural preservation. She says a level of assimilation can be a necessity, but community building is the ultimate goal.

“Although we’re getting educated out in the white man’s world, we’re able to come back home and bring that education in,” Curry says. She tells her children and younger community members, “If you go off to college and you get educated, you can use that as a tool to fight for our people.”

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The impact of federal policy plays out in Curry’s personal life. Curry, while an enrolled member of the Northern Arapaho tribal nation, also has Northern Ute and Pyramid Lake Paiute heritage. The Bureau of Indian Affairs instituted blood quantum in the 1880s. It’s a sort of inversion of the Jim Crow South’s “one-drop rule” that measures a person’s amount of “Indian blood” to determine tribal eligibility.

As Curry’s family and others have children with members of other tribes, or with outsiders, they become less Indigenous in the eyes of the United States government. This can make them less eligible for tribal membership and benefits.

“It was basically placed to eventually fade us out,” Curry says.

Curry sits inside a white canvas tent as the roar of a summer thunderstorm lashes against its sides. She explains that parents encourage their children to form partnerships with other Indigenous people to avoid the risk of losing their tribal status and associated benefits.

“Tough conversations like that we as Native people have to have, other people don’t have to have,” Curry says.

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An honest narrative, a path forward

When Joyheart, who’s Northern Arapaho, Flathead, and Eastern Shoshone, looks at the last century, she sees a reluctance to truthfully tell a story that could repeat itself.

“They’re like “okay, yeah, get over it,” but they don’t understand that it’s not that simple. How can you get over a genocide of a people?” Joyheart asks. “We understand that what has happened is in the past, but it doesn’t mean that it couldn’t happen again.”

A desire for an honest look at history isn’t unique to Joyheart and Native Americans. Japanese internment camps have been transformed into museums. In Washington, D.C., the Smithsonian National Museum of African American History and Culture documents the timeline of the cultural and civil rights abuses against Black Americans. Although there is a National Museum for the American Indian, Joyheart wants broader recognition of the unique challenges Indigenous people have overcome.

President Joe Biden took a step forward to reconciliation when he recently apologized for abuses committed at government and church-run boarding schools. Earlier this month, the Department of the Interior announced an oral history initiative with the National Museum of American History to preserve the stories of survivors of the federal Indian boarding school system.  

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The schools played a crucial and often harsh role in assimilating American Indians into non-Indigenous society. Their legacy lingers at Wind River, to this day.

Thomas tells the story of his grandfather greeting a teacher at a boarding school in his native language.

“And she [the nun] kept hitting him every time he said that … finally, when he started learning the language, what she was saying was, ‘Don’t speak your dirty language to me and don’t look at me.’” Thomas says, “Don’t look at me. Look down.”

Joyheart, who beads and sews regalia for young powwow dancers, says more teaching of Native American history is needed, both inside and outside her communities.

“A lot of our Native people are rediscovering a lot of the history within our own stories,” Joyheart says.

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Allison Sage, 66, Northern Arapaho, works to connect youth on Wind River with these histories. He tells a favorite joke from the front seat of his pickup truck.

“In the 1800s … General George Armstrong Custer told Congress’ don’t do nothing till I get back,” Sage says.

The oft-mythologized Custer died in the Battle of Little Big Horn – and in Sage’s eyes, the federal government hasn’t changed its tune since: “They divide you up, then they conquer you.”

Sage saddles up with youth from around Wind River for monthly healing rides to connect young people with their cultural heritage. The annual highlight is a pilgrimage to the site of Custer’s defeat.

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“We go every year to the Battle of the Little Big Horn victory ride, which is the decolonization ride,” Sage says.

Martel, sitting over his breakfast, believes the government has failed Native Americans, but he has faith in the strength of tribal communities. He has five great-grandchildren. When asked about his wishes for them, he emphasizes health, happiness, food on their table, and an “understanding of our lodges, ceremonies, and medicines.”

“Strength in our families and our communities, that’s all we’re trying to do,” Martel says. “But nobody gets it.” 

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Curry is optimistic that this strength and these practices will find future generations so they can continue to be proud of their culture no matter where life carries them. Just a few generations removed from the violence of boarding schools, and with a new understanding of intergenerational trauma, Curry is already seeing the results.

“Now we can start teaching our babies at a younger age. And so I get excited when they’re dancing and singing and singing songs in our language,” Curry says. “So much hope that our kids are going to learn all this, and they’re going to be able to hold us down when we’re all gone.”

One hundred years after the Indian Citizenship Act, Joyheart stands in a field of tall grass, sharp peaks of the Wind River mountains behind her, her gaze brushing over a ring of trucks and tents, everything tinged rose by the setting sun. Just a few generations ago, her regalia and the dance she performs were outlawed.

“We live in our children’s past,” Joyheart says. “Meaning that when we’re long and gone, that all of our cultural teachings and legacies are going to carry on with them.” 

Cy Neff reports on Wyoming politics for USA TODAY. You can reach him at cneff@usatoday.com or on X, formerly known as Twitter, @CyNeffNews

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Ohio court transfers second transgender-sorority case to Wyoming

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Ohio court transfers second transgender-sorority case to Wyoming


by Maggie Mullen, WyoFile

An Ohio court transferred a lawsuit Thursday to Wyoming’s U.S. District Court because of its similarity to a high-profile case involving Kappa Kappa Gamma at the University of Wyoming and its admission of a transgender woman.  

“This case is about whether Kappa Kappa Gamma (“Kappa”) may allow transgender women to join its sisterhood,” U.S. District Court for the Southern District of Ohio Judge Michael H. Watson wrote in his decision. 

The same issue is the subject of another case in another federal district court, Watson wrote, and “because they are duplicative, these two cases should not proceed simultaneously, for a plethora of prudential reasons.”

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More specifically, Watson pointed to the “first-to-file rule,” which calls for the court in which the first suit was filed to oversee subsequent cases, too. 

The initial suit began in April 2023 when six members of Kappa Kappa Gamma at the University of Wyoming filed a lawsuit in the U.S. District Court for the District of Wyoming against the sorority for admitting Artemis Langford, a transgender woman. 

The lawsuit was dismissed. The suing sorority sisters’ appeal was also unsuccessful. In the midst of that legal battle, Patsy Levang and Cheryl Tuck-Smith, two Kappa Kappa Gamma alumni, filed a separate complaint in the U.S. District Court for the Southern District of Ohio against the organization after they were expelled from it.

The Kappa Kappa Gamma house is pictured on a fall day in 2023. (Madelyn Beck/WyoFile)

Levang and Tuck-Smith openly opposed Kappa’s trans-inclusive policy and supported the plaintiffs in the Wyoming case, including publishing an op-ed in the National Review. That violated the organization’s media policy, according to the sorority’s court filings. 

Kappa Kappa Gamma also claimed that Tuck-Smith violated a separate policy when she used the organization’s membership list to contact other alumni about the ongoing litigation. 

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Ultimately, the organization’s fraternity council — which functions as a board of directors — voted to terminate both Levang and Tuck-Smith’s membership. 

In their complaint, however, Levang and Tuck-Smith argue the termination was retaliatory. 

They also claim that Kappa Kappa Gamma “is bound to defend the single-sex nature” of the organization, and by including transgender women it has “improperly attempted to broaden its membership criteria,” among other things. 

“This case raises issues about whether a private, non-profit organization can disregard its mission and fiduciary duties, disavow its governing rules and bylaws, ignore its legal and ethical obligations, deceive and silence its members, and retaliate against those members who object to this conduct,” the complaint states. 

The case is now in the hands of U.S. District Court Alan B. Johnson, who dismissed the Wyoming complaint last year. 

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How did we get here?

The plaintiffs in the Wyoming case — Jaylyn Westenbroek, Hannah Holtmeier, Allison Coghan, Grace Choate, Madeline Ramar and Megan Kosar — accused the sorority of breaking its bylaws, breaching housing contracts and misleading sisters when it admitted Langford by vote of its members. 

In August 2023, Johnson dismissed the Wyoming case, ruling that the plaintiffs failed to adequately state a claim against Langford or her sorority, and that the government cannot interfere with how a private, voluntary organization determines its membership. 

Johnson ruled “without prejudice,” giving the plaintiffs the option to refile an amended complaint. He also gave them advice on how to do so.

“If Plaintiffs wish to amend their complaint, the Court advises Plaintiffs that they devote more than 6% of their complaint to their legal claims against Defendants,” Johnson wrote regarding their 72-page complaint. 

Instead of refiling, the plaintiffs hired two high-powered attorneys to appeal the dismissal to the 10th Circuit Court of Appeals. 

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In June, the appellate court dismissed the plaintiffs’ appeal, ruling that it did not have jurisdiction over the case since the lower court had not issued a final order. 

The court also told the sorority sisters they could either seek a final judgement from the district court, or amend their complaint as Johnson suggested. In the six months since then, the plaintiffs have done neither and the case remains pending. 

First-to-file rule

When actions involving nearly identical parties and issues have been filed in two different district courts, Watson wrote in his decision, the court in which the first suit was filed should generally proceed to judgment.

“And, as a corollary, the court in which the later suit was filed should generally transfer, stay or dismiss,” he wrote. 

Furthermore, Watson wrote, to not apply the first-to-file rule “would be to condone forum-shopping.

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“The Court does not accuse Plaintiffs of forum-shopping or bad faith, to be clear. But allowing Plaintiffs to proceed simultaneously on the same core claims in two fora, as Plaintiffs here seek to do, encourages forum-shopping.”

May Mailman, attorney for six students suing the Kappa Kappa Gamma sorority for admitting a transgender woman to its University of Wyoming chapter, exits the 10th Circuit Court of Appeals in Denver after giving oral arguments in the case. She’s followed by plaintiff Hannah Holtmeier. (Tennessee Watson/WyoFile)

The status of the case in Wyoming makes that point clear, Watson wrote, since “six months have passed since the Tenth Circuit instructed the Westenbroek plaintiffs to either amend their complaint or move for a dismissal without prejudice. 

“They have not done so. Why not?”

Watson wrote that someone in the position of the plaintiffs might respond with another question. 

“Why would we proceed in a forum that dismissed our claim already when instead we can wait and see whether the Southern District of Ohio will be more receptive?”

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Alongside Johnson, the case was assigned to Magistrate Judge Scott P. Klosterman. However, the case was reassigned to U.S. Magistrate Judge Stephanie A. Hambrick after Klosterman recused himself for previously serving as an attorney for the defense in the Wyoming case.


This article was originally published by WyoFile and is republished here with permission. WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.



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