Daily Darwin

Darwin 12 27 22 v2

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

<title>Daily Darwin: Tuesday, December 27, 2022 | Cowboy State Daily</title>

The likelihood of this ending well is remote...

Daily Darwin: Tuesday, December 27, 2022

Headshot of Cowboy State Daily's Feature Reporter, Andrew Rossi.

Andrew Rossi

Outdoors

Public Lands

A tourist caught on video climbing on top of one of the iconic buildings in Grand Teton National Park not only broke the law, he disrespected “my family’s heritage,” said the grandson of Thomas Alva Moulton, who along with brother John Moulton, built the most famous homesteads on Mormon Row.

. A man climbed to the top of one of the historic structures adjacent to the pink house on the John Moulton Ranch.

“A tourist climbed onto the roof of one of the historic buildings just to take photos,” she said, but she didn’t say whether the man had been reported to park rangers.

Chip Jenkins, Grand Teton’s superintendent, could not be reached for comment by publication about whether the person has been identified.

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[{"type":"text","marks":[{"type":"bold"}],"text":"My Family’s Heritage"}]

While the Moulton family no longer owns the historic structures, they still have a deep connection to their homesteads in the Teton Valley.

Steve Moulton is the grandson of T.A. Moulton, who built 

of the still-standing structures on Mormon Row and one of the most photographed barns in the world.

“My grandfather built the T.A. barn way back in the early 1900s,” he told Cowboy State Daily. “My dad helped build it and worked on it over the years. I have worked on it myself. I've been on the roof of the T.A. barn because we were putting a new roof on it.”

Moulton admitted that he climbed all over the T.A. Moulton Barn as a child, but that was when it was his family’s property.

The 1-acre parcel with the T.A. Moulton Barn was sold to the National Park Service in 2018, making it the last privately owned real estate on Mormon Row to be folded into Grand Teton National Park.

“I’m associated with the T.A. Moulton Barn, but that doesn't mean that I want to see anything going on down at the John Moulton Barn either,” Steve said. “It’s my family's heritage.”

omeone clambering over the historic building, especially since there’s been such an effort to ensure the remaining structures at Mormon Row remain standing.

“It's clear that there are people in this world who have no respect for public property,” he said. “To keep them in good condition, we have to take care of them, because yes, they are fragile.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Loved To Death"}]

Most people who visit Yellowstone and Grand Teton national parks from around the world don’t have destructive intentions. They just want to take in the beauty of the landscape, like millions of others.

[{"type":"text","text":"That, however, can be part of the problem."}]

As visitation to national parks increases, one commonly heard concern is that they’re “

” The reason is that higher densities of tourists are, intentionally or unintentionally, causing more destruction and disturbance to the natural vistas that drew people there in the first place.

[{"type":"text","text":"Steve shares some of that concern. "}]

[{"type":"text","text":"As Mormon Row has become more popular, the impact on the area is evident."}]

“What bothers me is there's so much foot traffic around the T.A. Barn,” he said. “The pictures used to have green grass in front of the barn. Now, it's just dirt because there is so much traffic.”

 at Mormon Row is underway. Jenkins has said it was part of several “micro-geographic” efforts to improve popular spots in the park for a better overall visitor experience.

“We want to be able to host more visitation at Mormon Row, so we're looking at things we can be doing to help manage that visitation,” he told Cowboy State Daily in May.

The list of desired site improvements includes a larger, centralized parking lot, new interpretive and wayfinding signs, distinct walking paths, and furnishings like benches and trash cans, new restrooms, and a 0.75-mile trail extension connecting Mormon Trail Road to Antelope Flats Road.

These improvements will go hand-in-hand with an ecological restoration of Mormon Row. 

Native vegetation will be planted and damaged areas restored, and the new parking lot will be built further away from the historic homesteads to ensure the landscape and views remain as pristine as possible.

they’d help to mitigate the damage of visitor traffic. However, that doesn’t eliminate the damage caused by reckless tourists who are determined to do their own thing to the detriment of the park and its visitors.

“We want (Mormon Row) to last many more decades, so we have to be really careful with anything that goes on around them, as far as touching, climbing, or taking stuff off them for souvenirs,” he said.

Many people value the serenity of Mormon Row and the Moulton barns as much as the Moulton family itself. Steve hopes that will lead to better decisions and increased awareness.

“I want visitors to understand their historical importance,” he said. “I want them to have the same feelings as my family does about preserving the integrity of those structures, so we have to take great care to not do anything that will be destructive to them.”

Climing on Moulton building 1 7 21 26

<title>Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building | Cowboy State Daily</title>

A tourist caught on video climbing one of the famous Mormon Row buildings in Grand Teton Park broke the law and disrespected “my family’s heritage,” said the grandson of T.A. Moulton who, along with his brother, built the most park's famous homesteads.

Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building

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. "}]

the governor remains confident that the merits of this case will show he did not infringe on Cubin’s freedom of speech.

“The Governor is confident that he will also prevail in his official capacity upon remand to the District Court,” said Edmonds. 

[{"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

Kolby fedore

Kolby Fedore

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

The Wyoming Republican Party’s leadership committee endorsed Brent Bien for governor, Chuck Gray for U.S. House, and Harriet Hageman for U.S. Senate during a virtual meeting Monday evening.

The roughly 50-person voting committee also endorsed Rep. Scott Smith in his bid for state treasurer, Rep. Rachel Rodriguez-Williams in her bid for secretary of state, and Rep. Tom Kelly for superintendent of public instruction.

In releasing the endorsements, the party Central Committee’s majority broke recent tradition – and arguably state law – by choosing to back some Republicans over others before the Aug. 18 primary election is final.

While that law references financial backing, state GOP Chair Bryan Miller told members in April it’s been interpreted to bar endorsements too.

But party leadership is waging an ongoing federal legal challenge in an effort to have that state law overturned as a violation of the party’s First Amendment rights.

Proponents of letting the party endorse people pre-primary have called it a move toward freedom. Opponents have called it an “insider” maneuver, or disrespectful to the law or Republican voters.

Numerous members of the roughly 50-member voting body cast “abstain” and “no” votes during roll calls Monday.

“I don’t think it’s a good idea for us to be endorsing candidates at all,” said Hot Springs County GOP state committeeman Phil Scheel during a debate on whether to endorse Hageman, a sitting U.S. representative, in her run for U.S. Senate. “So I am going to suggest the group vote down this motion.

State Republican Party Vice-Chair Bob Ferguson, who had chaired the candidate endorsement vetting committee, ruled Scheel’s comment out of order.

The state central committee majority already approved a bylaw calling for vetting and endorsements at its convention in April, so Monday’s discussion should have been on Hageman’s merits, said Ferguson.

Niobrara County GOP Chair Janae Miller typed a comment into the Zoom meeting chat.

“Niobrara county constituents have been vocal in their opposition to endorsing

 no matter their excellent or poor performance,” 

wrote Miller. “They want the voters to decide at the polls.”

No conversation on Hageman’s merits unfolded. She won the endorsement with 32 in favor, five (including Scheel) against and 14 members abstaining.

This followed a vetting process in which the party dispatched questionnaires to statewide candidates, asking whether they agree with the 23 planks of the state GOP platform.

[{"type":"text","text":"U.S. House Race"}]

The body voted 33 in favor, four against, to endorse Gray, who is currently Secretary of State. Fourteen members abstained from the vote.

Fremont County GOP Chair Ginger Bennett had called Gray a “stalwart” who comes to Republican Party events, “and he donates, and donates his time.”

State House Rep. Nina Webber, R-Cody, who also attended the meeting as a voting party member, said Gray has been “instrumental in pushing through a lot of the conservative movements.”

[{"type":"text","text":"Park County GOP Chair Vince Vanata endorsed Gray “wholeheartedly.”"}]

Mitch Benson, a state committeeman from Fremont County, said he endorses Gray but disputes things the candidate has said.

“The only thing I want to throw out is, we still have voter drop boxes in Lander,” said Benson.

Gray has made banning drop boxes one of his priorities, and in 2025 applauded the passage of a law designed to do so.

[{"type":"text","text":"Ferguson called Benson’s commentary not germane."}]

“I’m endorsing him, all I’m saying is a lot of the things Chuck has said about voter integrity and getting rid of voter drop boxes is not true,” said Benson.

[{"type":"text","text":"Miller interjected, saying the three-minute limit for debate had passed."}]

Gray is running in a 10-candidate field for the GOP nomination to U.S. House. He faces philanthropist Steve Friess, state Senate President Bo Biteman, Casper businessman Reid Rasner, Teton County-based attorney Frank Chapman, former Superintendent of Public Instruction Jillian Balow, Casper-based veterans Kevin Christensen and David Giralt, former legislator Keith Goodenough and Casper man Richard Dodson.

Most candidates completed and submitted those questionnaires to become eligible for the endorsement process. Some did not, like U.S. House candidates Bo Biteman and Keith Goodenough; U.S. Senate candidate Sam Mead; and gubernatorial candidate Eric Barlow.

[{"type":"text","text":"Governor, Secretary, Superintendent"}]

The party committee voted 34-4 with 13 abstaining to endorse Bien for governor. He was part of a consent list with candidates from other races.

The retired Marine Corps colonel faces Superintendent of Public Instruction Megan Degenfelder, former state House Speaker and current Sen. Eric Barlow, and Centennial man Curt Blake in his primary bid.

Bien, Blake and Degenfelder all had submitted questionnaires to the party as part of the process.

[{"type":"text","text":"Barlow did not."}]

“I am a Republican, and I agree with the Republican platform,” Barlow said in a statement earlier this month. “But in a contested Republican primary, the voters should decide. I will not seek or accept an endorsement from the Wyoming Republican Party before receiving the votes of Wyoming’s Republican electorate.”

Sheridan County GOP state committeeman Tod Windsor asked the party to make a vote opposing Barlow’s campaign.

“I ask we consider Eric Barlow,” began Windsor – a woman gasped – “someone we’re in opposition to as the party.”

Vanata seconded that. Fremont County state committeewoman and former legislator Sarah Penn said Democrats in her area support Barlow.

[{"type":"text","text":"Benson said Barlow brushed aside a concern he raised earlier this year."}]

Scheel and Teton County GOP Chair Kat Rueckert both raised concerns against the opposition vote. Rueckert worried the Barlow campaign may sue the party.

A Washakie County delegate, Richard George, said opposing Barlow could “diminish” the party if Barlow is elected governor.

Natrona County delegate Marcia Neumiller called it “throwing mud” and urged the party to set a higher example.

“Aaannnnnd, the press is here recording all this,” wrote Nichole Odom in a soon-deleted chat message.

Miller had notified the committee before debate that Cowboy State Daily was present.

Benson uttered a profane comment right after Scheel voted not to oppose Barlow.

It’s uncertain what the comment was. Cowboy State Daily heard it as “f*ck you (inaudible).

Multiple members called Benson out of line. Ferguson warned him not to disrupt the meeting again.

[{"type":"text","text":"The motion failed."}]

[{"type":"text","text":"Treasurer, Secretary, Superintendent"}]

The party approved endorsements for state Treasurer candidate Scott Smith, Secretary of State candidate Rachel Williams (also known as Rep. Rachel Rodriguez-Williams) and Superintendent of Public Instruction candidate Rep. Tom Kelly.

[{"type":"text","text":"Those were part of the same consent list as Bien."}]

In a separate vote, the party majority voted 12-25 against endorsing current Treasurer Curt Meier in his bid for reelection. Meier had been removed from the consent list after Benson called his aye-vote 

[{"type":"text","text":"Giralt, So Close"}]

Crook County Republican Party Chair Mark Koep asked the committee to vote in favor of supporting, rather than endorsing, Giralt for U.S. House.

“David Girlat didn’t’ meet all the vetting criteria because he doesn’t have enough history in the state,” said Koep, adding that he’s spoken to Giralt and “he seems like a good Republican. But right now I’m kind of guessing, because I don’t have enough history on it.”

Other members called Giralt engaged his military career “impressive.” 

The committee voted 17-18 against extending a gesture of support to Giralt.

Weston County GOP Chair Kari Drost asked the committee to vote against closing the meeting, saying they should consider endorsing Degenfelder.

Benson agreed, saying his precinct committee people are entrusting the state delegates with vetting candidates thoroughly no matter how long it takes.

[{"type":"text","text":"George countered."}]

“I completely disagree with that last comment. I think if there’s anybody in this state that needs to vet the candidates, it’s the people. The people are going to do a fine job at it. We don’t always agree with it,” said George. “But to suggest that people are depending on the party to vet candidates I think is an assumption of power and responsibility that’s not delegated to us.”

[{"type":"text","text":"The committee voted 24-19, nine abstaining, to close the meeting."}]

The Wyoming Republican Party leadership endorsed Brent Bien for governor, Chuck Gray for U.S. House, and Harriet Hageman for U.S. Senate on Monday evening. The controversial move breaks current tradition and maybe state law.

Daily Darwin: Tuesday, December 27, 2022

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