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Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>Daily Darwin: Thursday, October 20, 2022 | Cowboy State Daily</title>

Yeah, this isn't going to work out...

Daily Darwin: Thursday, October 20, 2022

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Politics

Government & Politics

The doctor whom Gov. Mark Gordon sought to remove from the Wyoming Board of Medicine over the doctor’s outspoken advocacy for a ban on child sex changes has won his appeal – halfway.

 in the governor’s personal and official capacity for three alleged free-speech and petition violations, all stemming from Cubin’s advocacy for “Chloe’s Law” – a proposed ban on sex-change treatments for kids that ultimately became law.

Cubin, a Casper radiologist, was pushed off the board because of things he said while lobbying state lawmakers to pass Chloe’s Law while he was a member of the Board of Medicine. 

This came after his multiple failed efforts to try and convince Wyoming Medical Society leadership to change its opposition to the bill.

In a letter to state legislators, Cubin called the Medical Society, of which he was a member, “woke” and taken over by “extremely liberal” members.

“I urged our legislators to be circumspect about the information they were being provided and cautious about what they allow physicians to do to kids in our state — something that is now the law across Wyoming,” Cubin said at the time.

[{"type":"text","text":"Gordon wrote to Cubin to remove him from the Wyoming Board of Medicine."}]

The governor told Cubin the doctors the board governs should “have confidence that board members prosecute their responsibilities on the board in an objective and unbiased way.”

[{"type":"text","text":"But Cubin resigned instead."}]

Then he sued the governor in both his official and personal capacities. For the official claims, Cubin wanted the court to make Gordon restore Cubin to his seat on the board, and to declare that Gordon had violated Cubin’s First Amendment rights.

For the personal claims, Cubin sought “monetary damages” against Gordon “in an amount to be determined at trial.”

U.S. District Court Judge Scott Skavdahl pronounced the whole lawsuit insufficient for court and dismissed it.

The judge found that Cubin had failed to show the governor unconstitutionally retaliated against him for his speech because, in Skavdahl’s view, Cubin’s speech didn’t rise to the level of “public concern” and the government’s interest in “promoting efficiency” on the board outweighed Cubin’s expressive rights.

Skavdahl also concluded that for the personal-capacity claims, Gordon has qualified immunity.

A panel of three 10th Circuit Court of Appeals Judges disagreed, saying Cubin’s speech does rise to the level of public concern.

Their Tuesday order sends the case back down to the Wyoming-based federal court for further review – and revives Cubin’s claims against Gordon in his official capacity.

Cubin's attorney Brendan Philbin, of the Liberty Justice Center, said he and Cubin are "thrilled with the result" of the appeal. 

"I think the court really nailed it on what this case is about, when they said that speech on matters of democratic debate is of paramount public importance," said Philbin. "We’re rally happy the court saw that Dr. Cubin was participating in the legislative process and really exercising the rights that we hold dear, to participate in representative government. And we’re excited now to go back to the district court and continue to seek justice for him."

[{"type":"text","text":"Philbin also called the remand a win for Wyomingites. "}]

Cowboy State Daily has reached out to Gordon's office for comment and will update this story. 

[{"type":"text","text":"A Matter Of Public Concern"}]

A person is likelier to prove that his government employer retaliated against him for his speech if his speech was a matter of public concern.

Cubin’s complaints about the Wyoming Medical Society cut against that claim because that’s a private group, wrote 10th Circuit Court Judge Nancy Moritz in the Monday remand order. But he was clearly lobbying for legislation, on a matter of high public concern, the order also says – which cuts in his favor.

“Gordon urges us to view Cubin’s frustrations… as personal grievances with the internal dynamics of the Society, a private organization,” wrote Moritz. 

“On the other hand,” the order counters, “Cubin raised these concerns in opposition of the Society’s 

facts characteristic of ‘the type of core political speech the First Amendment was designed to protect.’”

Cubin’s speech was a matter of public concern, so his retaliation claim against Gordon as an official is revived, the order says.

[{"type":"text","text":"Balancing Disruption Vs. Speech"}]

Gordon had explained his decision to remove Cubin as a safeguard against people questioning the board’s impartiality, and against disruption of “at least some of the Board’s core functions.”

Government employers have an interest in regulating their employees’ speech, but courts also balance that interest against employees’ rights.

Skavdahl’s court hasn’t seen enough evidence for the judge to side with Gordon on that one, the 10th Circuit decision says.

[{"type":"text","text":"Just Sue The Government Though"}]

The Monday order upholds Skavdahl’s ruling that Gordon gets qualified immunity for his attempt to remove Cubin.

[{"type":"text","text":"That means Cubin can’t sue Gordon for money in his personal capacity. "}]

A key tenet of qualified immunity holds that government officials – such as police officers, governors or other public employees – would have to break a clearly-established right to face lawsuit liability as individuals.

Though Cubin showed a strong enough case for retaliation to revive his official-capacity claims, he didn’t prove that Gordon was violating a clearly-established right, the appeals court ruled.

“It was not clearly established that Cubin’s email (complaining about the Medical Society) addressed a matter of public concern,” the order says. “And Gordon is entitled to qualified immunity in his personal capacity.”

10th Circuit Court Judge Richard Federico and a Utah-based U.S. District Court Judge filling in on the case - Ann Marie McIff Allen – also joined Mortiz’s ruling.

Eric Cubin and Gordon 8 29 24

<title>Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court | Cowboy State Daily</title>

The doctor Gov. Gordon sought to remove from the Wyoming Board of Medicine for advocating a ban on child sex changes has won his appeal – halfway. A Tuesday ruling sent the case back to federal court, reviving First Amendment claims against Gordon.

Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court

Days after a religious clash exploded on the Wind River Indian Reservation, the Northern Arapaho Tribe’s government says it has adopted a new policy requiring ministry and charitable groups to get tribal authorization for their work on the reservation.

The Northern Arapaho Business Council (NABC), which is the tribe’s six-person leadership board, posted an announcement about the new policy to social media Monday.

The announcement says the policy is “reaffirming the Northern Arapaho Tribe’s inherent sovereign authority to require consultation and governmental authorizations seeking to conduct recurring ministries, charitable services, outreach programs, and other organized activities on lands under the jurisdiction of the Northern Arapaho Tribe.”

This controversy started July 5, when Christian pastor Sarah Lucas, of Foundations for Nations, preached 

against some of the tribe’s Sundance ceremonies

 involving a pipe relic as a prayer centerpiece. She had indicated praying "to pipes" is idolatry. 

She had said, “a pipe cannot hear your prayers,” and “we know that Jesus is enough.”

Foundations for Nations falls within the exterior boundaries of the Wind River Indian Reservation but it sits on private, not tribal land.

. Lucas refused, telling Cowboy State Daily she’s sorry the sermon came off as an attack, but not sorry for preaching from the Bible.

[{"type":"text","text":" “Jesus is the only way,” she said."}]

The board’s announcement says that the tribe’s records department reviewed records to see if Foundations for Nations had ever received authorization from the tribal government “to conduct recurring organized ministry or outreach activities on the Reservation.”

The review found no documentation that the church is authorized to work on the reservation, says the announcement.

NABC Chair Keenan Groesbeck has told the church that the tribe requests consultation “before any expansion of recurring ministry activities under the new policy,” the announcement says. 

The tribe has invited “the organization” to meet with the NABC by July 25 to discuss its mission, leadership, funding, activities, and “any documentation it believes demonstrates authorization to operate on lands under Tribal jurisdiction.”

It may be a point of debate whether private land surrounded by tribal trust lands falls within tribal jurisdiction, and if so, for what purposes. It’s unclear if the tribe’s new policy is constitutional.

“This policy is not about preventing anyone from practicing their religion,” Groesbeck said in the statement. “It is about respecting the sovereign government of the Northern Arapaho Tribe. Any outside organization seeking to conduct organized activities within our jurisdiction should first communicate with the elected leadership of our Nation and work in partnership with the Tribe.”

NABC says in the statement that the policy will apply uniformly to outside groups.

[{"type":"text","text":"Lucas declined Tuesday to comment. "}]

[{"type":"text","text":"Constitution, Law"}]

The First Amendment to the U.S. Constitution says, in part, that Congress shall make no law prohibiting the free exercise of religion, abridging the freedom of speech or the freedom of the people to assemble peaceably.

After the American Civil War, Congress passed the 14th Amendment to expand those prohibitions to state governments. Neither amendment imposed restrictions on tribal governments’ ability to impede the free exercise of religion or speech, or other listed rights.

A century later in 1968, Congress imposed some – but not all – Bill of Rights restrictions on tribal governments through the Indian Civil Rights Act. The law protects rights similar to the U.S. Constitution’s first, fourth, fifth, sixth and eighth amendments, and portions of the 14th Amendment.

“No Indian tribe in exercising powers of self-government shall… make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances,” the law says. 

Disputes have surfaced over the years, regarding just how much Congress can regulate tribal governments.

The U.S. Constitution delegates just one congressional authority over tribes: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Curiously, tribal governments were some of the strongest proponents of interpreting the “Indian Commerce Clause” to give Congress broad power over American Indian tribes.  

That advocacy unfolded during the U.S. Supreme Court case Brackeen v. Haaland, which contemplated whether a federal law giving tribes primacy over Native child custody matters is constitutional.

The high court found it constitutional. It took a broad view of the Indian Commerce Clause to do so.

“As we already explained, our precedent states that Congress’s power under the Indian Commerce Clause encompasses not only trade but also ‘Indian affairs,’” says the majority opinion, by Justice Amy Coney Barrett.

[{"type":"text","text":"Justice Clarence Thomas wrote a dissenting opinion proclaiming overreach."}]

By passing a law governing tribal custody matters, “Congress ignored the normal limits on the Federal Government’s power and prescribed rules to regulate state child custody proceedings in one circumstance: when the child in volved happens to be an Indian,” he wrote.  

Thomas said the majority opinion “gets things backwards. When Congress has so clearly intruded upon a longstanding domain of exclusive state powers, we must ask not whether a constitutional provision prohibits that intrusion, but whether a constitutional provision authorizes it.”

Foundations for nations 7 21 26

<title>After Church Blowup, Arapaho Tribe Says No 'Ministries' Without Permission | Cowboy State Daily</title>

After Church Blowup, Arapaho Tribe Says No 'Ministries' Without Permission

Kolby fedore

Kolby Fedore

Outdoors

Jory Thomas, 14, was absent-mindedly flipping loops with a rope while visiting his grandparents' campground on the Yellowstone River over the Fourth of July weekend when he heard someone start screaming for help.

Within seconds, the Montana ranch kid emptied his pockets, splashed across a side channel and waded chest-deep into the river.

[{"type":"text","text":"Then he did something he'd spent the past year practicing on calves."}]

[{"type":"text","text":"This time, he roped a drowning man."}]

The July 5 rescue unfolded so quickly that by the time the first Sweet Grass County Sheriff’s Office deputy arrived three minutes after Jory's father called 911, everyone was already safely on shore.

"My opinion, Jory saved the individual's life, 100%," Sweet Grass County Sheriff Alan Ronneberg told Cowboy State Daily. "Had Jory not acted, I believe the chances of this individual not making it to shore were very slim.”'

[{"type":"text","marks":[{"type":"bold"}],"text":"A Boat Hits A Bridge"}]

The Thomas family lives on a ranch about a dozen miles outside Big Timber, directly across from a campground where Jory's grandparents had been staying for the week.

Jory wandered over to visit with his parents and grandparents that afternoon, a rope already in his hand as he casually practiced throwing loops.

"All of a sudden he heard some yells for help," Jory's father, Jase Thomas, told Cowboy State Daily.

A boat had struck a bridge pillar, throwing its occupants into the Yellowstone River.

Three people fell in, but only two managed to get out, leaving one person alone in the swift current, desperately clinging to a cooler.

[{"type":"text","text":"Jory didn't hesitate."}]

Somehow, said his father, he convinced the drowning man to let go of the cooler. Then he threw the rope, catching the man around the neck and one arm. 

Jory and another bystander then pulled the man safely to shore before emergency responders arrived. 

In the moment, Jory didn’t think about any potential danger to himself, he just acted on instinct, the teen told KTVQ television in Billings, Montana, which first 

"This current was pretty fast then, and he was moving pretty quickly," he told the outlet. "Only thing I could focus on was helping him get out of the water because I didn't want to see anyone go in front of me.”

[{"type":"text","marks":[{"type":"bold"}],"text":"'Let Me Have My Son Back'"}]

Jory's father has spent three decades on the Big Timber Volunteer Fire Department and immediately called 911.

Dispatch records show the call came in at 5:39 p.m. A deputy arrived just three minutes later and reported everyone was already out of the water. 

[{"type":"text","text":"Watching the rescue unfold wasn't easy for the elder Thomas. "}]

He knows that stretch of river, and that it becomes more dangerous just downstream, where swift current, deep holes and logjams create deadly hazards.

"My biggest concern was to let me have my son back," he said before taking a long pause, reflecting on the potential for Jory to also get caught up in the current.

"He understands water, but I don't think he understands what could happen,” Jase said. "I mean, he does, but he had one thing in mind, which is great, and he got it done." 

Jase believes the man his son rescued likely wouldn't have survived much longer.

[{"type":"text","text":"Sheriff Ronneberg agrees."}]

"I'm not sure how close the individual was to being 'lost,' but in my experience such things happen faster than you might guess they can," he said.

[{"type":"text","marks":[{"type":"bold"}],"text":"'He Loves Roping' "}]

Although the rescue looked almost unbelievable, it wasn't blind luck. Jory has spent the past year immersing himself in roping.

He practices on roping dummies in his spare time and started roping calves from horseback during local brandings, his father said.

[{"type":"text","text":"\"He's always had a rope,\" Jase said. \"He loves roping.\" "}]

Outside of ranch work, he's an avid hunter and is spending this week showing a steer and a pig at the county fair. 

[{"type":"text","marks":[{"type":"bold"}],"text":"'That's Just Who He Is'"}]

[{"type":"text","text":"To his family, the rescue wasn't entirely surprising."}]

[{"type":"text","text":"Jase said his son has always been the first person to help someone else."}]

"We'll be in town at the grocery store, and you'll see an elderly person," he said. "They can't pack the groceries, and he never says a word. He goes over and gets their groceries and packs them out. That's just who he is." 

Ronneberg said the rescue is a reminder that courage often appears in ordinary moments.

"Jory saw another in trouble and acted, not for himself but for another," Ronneberg said. "He didn't pull out a phone, but a lariat. He didn't watch what was happening but intervened."

"Jory is a lesson for all of us in this day and age and showed us what is courageous and right.”

Montana lasso teen 7 21 26

<title>14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life | Cowboy State Daily</title>

A 14-year-old ranch kid from Big Timber, Montana, had a rope in his hand when cries for help erupted from the Yellowstone River. He sprinted into the water, threw one loop and caught a struggling man around the arm and neck, pulling him safely to shore.

14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life

Headshot of Cowboy State Daily's managing editor, Greg Johnson.

Greg Johnson

Crime & Courts

Law Enforcement

A Rock Springs woman is accused of leaving her baby alone in a parked car while she spent hours drinking at a local bar.

It was about 2:16 a.m. Saturday when “officers were in the area of a local bar on an unrelated call when they heard frantic yelling coming from the parking lot,” Rock Springs Police Department spokesperson Phylicia Lukacik says in a Monday report about the incident.

When officers responded, a witness ran to them reporting that “a woman had left a baby inside a parked vehicle,” the report says.

They found the infant alive, alone and strapped into a rear-facing car seat. The baby was taken into the custody of the Wyoming Department of Family Services.

“Officers were eventually able to reach the child’s mother and asked her to return to the scene,” Lukacik says in her report. “When she arrived, officers observed numerous signs of intoxication.”

While talking with police, the woman allegedly admitted to leaving her baby unattended while she went inside the nearby bar, the report says.

The report doesn’t say if the vehicle was locked or unlocked or the condition of the baby.

[{"type":"text","marks":[{"type":"bold"}],"text":"Left For Hours"}]

While investigating, officers reviewed surveillance video from the bar, which showed the woman and another adult “arriving together and leaving the infant in the vehicle before entering the bar,” according to the report.

“The footage showed no one returning to check on the child until officers became involved,” the report adds.

Investigators determined the baby had been left unattended in the vehicle for several hours.

The mother was arrested on suspicion of abandoning or endangering children and booked into the Sweetwater County Detention Center.

While the report doesn’t identify the mother, the Sweetwater County Sheriff’s Office shows a woman named Kaylie Jo Rowe, 31, was arrested Saturday and is being held in the jail on those same charges.

[{"type":"text","text":"Rowe also is the only inmate listed with those charges."}]

“Leaving a child unattended in a vehicle is never safe,” Lukacik says in her report. “Children can quickly become victims of heat, cold, medical emergencies, or other dangers when left alone.”

Rock Springs Green Sign 1 Matt Idler 3 27 26

<title>Rock Springs Mom Accused Of Leaving Baby In Car For Hours While She Drank In Bar | Cowboy State Daily</title>

A Rock Springs woman is accused of leaving her baby alone in a parked vehicle while she spent hours drinking at a local bar Saturday. Police say the woman appeared intoxicated and admitted to leaving her baby unattended while she went inside a nearby bar.

Rock Springs Mom Accused Of Leaving Baby In Car For Hours While She Drank In Bar

Headshot of Cowboy State Daily's business and tourism reporter, Renée Jean

Renée Jean

Wyoming Life

Entertainment

BUFFALO — When summer hits this small mountain town, a full-to-bursting Occidental Saloon isn’t an uncommon sight during Buffalo's annual Longmire Days, which celebrates the “Longmire” books and TV series created by local author Craig Johnson.

The saloon is the nerve center of the Western downtown, a nexus of historical buildings that have changed little since the late 1800s. 

Bullet holes still pock the walls of the saloon and the hotel is so full of artifacts it has museum status, even as it accepts guests for the night — just as it did when Butch Cassidy was still stomping around Wyoming, racing horses and then robbing trains and banks.

The Occidental’s historical cachet is a draw every summer, pulling in tourists and creating something of a scene, particularly on Thursday nights when the hotel’s co-owner, Dave Stewart, and some of his fellow musicians pull out their guitars for a jam session that packs the house and sells out the hotel.

But Saturday night, the overflowing crowdedness of it all had a sharper edge. 

People streaming out of the saloon were more than equally replaced by the people who were streaming in — and doing a double take once they made it past the doorway to the middle of the bar. 

There, casually enjoying cocktails and conversation as if he were not famous at all, was Robert Taylor, the actor who played Sheriff Walt Longmire for six seasons of the popular television hit “Longmire” series. 

Taylor held court at the end of the bar, chattering casually with a group that included “Longmire” author Craig Johnson’s agent Gail Hochman. 

He seemed completely unaware of the hubbub around him, even though he was definitely at its center.

People wearing King Ropes ball caps and Longmire T-shirts pretended not to stare, even as they were surreptitiously taking short videos of the star in action. 

Others, a little bolder, simply stopped to chat with Taylor and took the opportunity to ask for a selfie or an autograph. 

Taylor would eventually tire of this endless stream of people wanting a moment of his time — but it took hours. 

In the meantime, he never uttered an impatient word to the adoring fans jockeying for a slice of his time and attention.

He was in his element here — the fictional Absaroka County sheriff come to life once again. The fans of the show, who had traveled from coast to coast and all places in between, absolutely loved it.

What’s more remarkable is how this scene has repeated itself for the last 15 years running.

Sheriff Walt Longmire continues to solve Western mysteries in Johnson’s long-running series of novels, which are perennially New York Times Best-Sellers. His latest, 

In it, the sheriff has to solve the murder of a guy everyone hated.

While the books are going strong, it’s been nine years since the last new “Longmire" episode aired on television, yet fans are still coming to Longmire Days and clamoring to meet Taylor.

For his part, Taylor is here every year, without fail. 

that would conflict with the timing of Longmire Days, when Buffalo briefly becomes the fictional town of Durant, county seat of Longmire’s Absaroka County, and the town swells to roughly twice its normal size.

“I love coming to Wyoming,” Taylor told Cowboy State Daily. “I love seeing my friends. I love seeing Craig. (Longmire) was a wonderful part of my life, and I’m just never going to let it go.”

Intimate Moments, Not Just Autograph Lines

For many of the people who crammed into Buffalo over the weekend, it is the unscripted bar scene that defines the allure of Longmire Days more than any other.

It’s more intimate than an autograph line and  more surprising than scheduled Q&A or insider panel, particularly to those newer to Longmire Days.

“I mean, you couldn’t go anywhere else and get that kind of access to such people,” Betty Abbott told Cowboy State Daily. “That’s what’s cool.”

Her husband, Ken, was equally impressed with Craig Johnson’s presence during Longmire Days.

“I’ve never seen anybody so tireless in my life, staying a whole week here,” he said. “We don’t see the private side, but the guys just like — does he sleep? he’s always going. It’s just fascinating to see.”

Suzanne Peters, a first-time Longmire Days visitor from North Carolina, meanwhile, was absolutely shocked when she bumped into Taylor right off the bat, the first morning of the event. 

“We’re staying at the Occidental,” she told Cowboy State Daily. “We come down into the saloon every day, and there’s Rob sitting there having breakfast with the owner Dave Stewart.”

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Peters didn’t rush the star."}]

“We tried to be respectful,” she said. “You know, if he engaged, we were going to engage.”

Not only was Taylor open to talking with Peters, but he was asking her questions about her Longmire journeys and who she’d come to the event with.

“He was really excited when he found out my sister-in-law was a teacher,” Peters said. “I’ve been sending my sister all these really cool pictures, because Rob is really generous with the pictures. And so is Craig.”

During the autograph session, Taylor remembered Peters’ sister-in-law, and wrote a particularly nice message in her book about the importance of teachers in society.

“So I got to come out and meet my favorite author, and I got to talk to Rob Taylor, who I think is a really cool actor and everything,” Peters said with a beaming smile. “He’s been everything I expected. A very nice guy.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Buffalo Is Durant"}]

Walk down Main Street during Longmire Days and it’s hard to tell where the Craig Johnson stories end and Buffalo begins. 

And Johnson wouldn’t have it any other way.

“So much of the charm of Longmire Days resides right here in Buffalo,” Johnson told Cowboy State Daily. “People wander around and feel like they’re walking around in Absaroka County. They think they’re in Durant, and they expect Walt Longmire to come walking down the sidewalk and see them at any time. And I don’t blame them because he’s actually out there walking around.”

Johnson has been upfront that he’s weaving his story around a real-life place, a place his readers can visit. The name of the county and the town might be fictional, but street names are the same, as are trail numbers. 

Fans still pack Buffalo for Longmire Days even nine years after the last “Longmire” TV episode aired. Author Craig Johnson created Sheriff Walt Longmire, and said fans "expect Walt Longmire to come walking down the sidewalk and see them at any time."

Daily Darwin: Thursday, October 20, 2022

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