National Roundup

South Dakota
Buffalo Chip takes quest to become town before high court
STURGIS, S.D. (AP) — The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip’s quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.

The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.

Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip’s incorporation for years.

Buffalo Chip officials have argued that the area had more than 30 voters.

Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words “and” and “or.” He said the law in place in 2015 required municipalities to have at least 100 residents “or” 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents “and” 45 voters.

Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.

The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.

In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge’s decision was based on common sense and plain language of the law. “It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents.”

The Sept. 30 hearing will be the second time the Supreme Court has been asked to rule on issues surrounding the incorporation.

In January 2018, the high court ruled that only the state — not a lower court or other municipality — had the jurisdiction to bring the case to court. The state intervened in the case and has since moved forward with efforts to challenge the incorporation.


Indiana
County to offer genetic tests for juvenile offenders
VALPARAISO, Ind. (AP) — The juvenile court for northwestern Indiana’s Porter County is partnering with a laboratory to offer genetic testing for young offenders to help see what psychiatric medications might help them.

The county’s juvenile court will collaborate with Valparaiso-based Great Lakes Labs to offer self-styled pharmacogenetic tests to youths in the criminal justice system, The (Northwest Indiana) Times reported.

“Mental health for our kids is really, really important for us, because they grow up,” Porter County Circuit Court Judge Mary Harper said. “We need to help them, and we need to help our community, by helping our kids come out as healthy as possible.”

Pharmacogenetic tests analyze patients’ genetic codes to decide which medications are more likely to be ineffective or cause damaging side effects. The testing is also done on drugs to treat conditions such as heart disease, pain and erectile dysfunction, but Porter County intends to use the psychiatric screening to address the high rate of mental health disorders among its juvenile offenders.

Officials estimate that 70-80% of youths who enter the court system struggle with mental illness.

Amy Beier, executive director of the county’s juvenile services, said the testing could be a “game-changer.”

The county hopes to start offering the testing Nov. 1.

Some in the medical community consider the tests unsubstantiated because of a lack of a research. The U.S. Food and Drug Administration has cautioned the public that the agency has not evaluated many of these tests and therefore they “may not be supported by clinical evidence.”

But Great Lakes Labs officials noted that America’s largest private insurer, United Healthcare, recently announced its plans to begin covering the testing for psychiatric medications.

Michelle Volk, president and CEO of Great Lakes Labs, called pharmacogenetics one of the most significant developments she’s seen in her four decades in the testing field.

Juvenile justice officials are still deciding how to fund the program. They have secured some county money and are looking into possible state and federal subsidy opportunities. The tests cost roughly $300 apiece, but the price should be deemed an investment, Cox said.

Jim Biggs, business development director of Great Lakes Labs and also a Porter County commissioner, said he believes the test results could be profound and receive national attention.

“We think we’re onto something here, and we think we’re going to make a difference in some of these kids’ lives,” he said.

Maryland
Judge tosses suit challenging conversion therapy ban
COLLEGE PARK, Md. (AP) — A federal judge has thrown out a psychotherapist’s lawsuit challenging Maryland’s ban on treating minors with conversion therapy, the practice of trying to change a client’s homosexual orientation.

U.S. District Judge Deborah Chasanow’s ruling on Friday rejected Christopher Doyle’s claims that the state law violates his First Amendment rights to free speech and religious freedom.

The judge said prohibiting the practice of conversion therapy on minors doesn’t prevent licensed therapists from expressing their personal views about conversion therapy to minor clients.

One of Doyle’s attorneys says they will appeal the judge’s decision.

Gov. Larry Hogan singed the measure into law in May 2018, making Maryland the 11th state to enact legislation against conversion therapy for minors.

Ohio
Transgender group’s birth certificate lawsuit advances
COLUMBUS, Ohio (AP) — Four transgender people challenging an Ohio rule preventing people from changing the gender listings on their birth certificates have won their day in court.

U.S. District Court Judge Michael Watson denied the state’s request that the lawsuit filed by the ACLU, Lambda Legal and the ACLU of Ohio be dismissed.

The lawsuit contends the birth certificate rule imposed by the state Department of Health and the Office of Vital Statistics is unconstitutional.

Most states already allow such changes. Ohio and Tennessee are the last two to prohibit them.

A federal lawsuit challenging Tennessee’s rule was filed in April. Kansas ended a federal lawsuit there in June, when Democratic Gov. Laura Kelly struck a deal by agreeing to allow gender identity changes on Kansas birth certificates.

Watson ruled this month.