Daily Smile

[{"type":"text","text":"Now let's all watch a service dog go down a giant slide...."}]

Smile 8 6 24

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

<title>Daily Smile: Tuesday, August 6, 2024 | Cowboy State Daily</title>

Now let's all watch a service dog go down a giant slide....

Daily Smile: Tuesday, August 6, 2024

 Now let's all watch a service dog go down a giant slide....

Heinz mark

Mark Heinz

Wildlife

Colorado Parks and Wildlife is trying to determine why a black bear attacked a woman Sunday on a popular hiking trail, and then followed her for 30 minutes despite her shouting and throwing rocks at it.

“We don’t know for sure, because we haven’t found the bear,” Kara Van Hoose, CPW's northeast region spokeswoman, told Cowboy State Daily on Wednesday.

The bear was thought to be a “yearling, or young adult,” she added.

Predatory attacks, in which a bear is deliberately stalking a person as prey, are extremely rare in both black bears and grizzlies.

Most bear attacks are defensive or territorial.

The consensus among bear biologists is that while grizzlies are more likely to attack humans, black bears are more likely to attack in a purely predatory manner.

While the bear’s behavior was alarming, CPW doesn’t think it was predatory, Van Hoose said.

“It makes us think more likely a food-conditioned bear, not a predatory black bear,” she said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Bear Wouldn’t Give Up"}]

The woman, who CPW did not identify, told wildlife agents that she was attacked from behind and suffered scratches on one leg at about 5:20 p.m.

She was on the Enchanted Forest trail in the 700-acre Apex Park near Golden in Jefferson County. CPW shut down the park after the reported attack.

The woman told investigators the bear continued to follow her despite her repeated attempts to intimidate and haze it by making herself look big, shouting, and throwing rocks and sticks.

Toward the end of the encounter, the woman was joined by two hikers who responded to her calls for help. Even with all three people shouting at it, the bear was undeterred, CPW reported.

Eventually, the bear turned down another trail, where it reportedly started following other hikers, according to CPW.

The woman is an avid hiker who has had previous bear encounters, and acted appropriately by trying to intimidate and haze the bear, Van Hoose said.

The woman gave CPW a short cellphone video she took during the encounter, which helped the agency identify the bear as relatively small and probably young, Van Hoose said.

CPW isn’t at liberty to share the video with Cowboy State Daily, she said.  

 reported the woman reached out and shared the video and details of the encounter but declined to be named in their report.

The woman told Denver 7 the bear was “circling” her.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Problems Human-Caused"}]

British Columbia bear researcher Lana Ciarniello told Cowboy State Daily she couldn’t comment on the specifics of the Colorado attack, but affirmed that predatory behavior is extremely rare in both black bears and grizzlies.

Most human-bear conflict is rooted in human mistakes, such as deliberately feeding bears or allowing them access to garbage or other food sources, she said.

People who recreate in bear territory should “take training courses” on avoiding close encounters, and what to do if one occurs.

And “carry bear spray,” Ciarniello said.

Van Hoose said it wasn’t known for certain whether the woman attacked in Colorado was carrying bear spray.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Time To Fight Back"}]

Ciarniello noted that a video tutorial, “Staying Safe in Bear Country”, was made years ago by the International Bear Association (IBA) but remains a “gold standard” bear-safety training tool.

In one segment, the difference is noted between defensive actions by bears versus deliberate approaches.

Bears that deliberately approach people might be driven by curiosity or food conditioning, according to IBA. In rare instances, bears see people as prey.

A predatory bear will move in “with its head up and ears erect, its approach is confident and persistent,” according to IBA.

If a predatory bear makes contact, it’s time to fight back because “you’re fighting for your life,” IBA states.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"What Happens To The Bear?"}]

It’s not certain what will happen to the bear once CPW finds it, Van Hoose said.

More information is needed before it can be determined whether it will be euthanized, or if other action is needed, she said.

Agents need to determine if it has persisted in following people or displayed other aggressive behavior, and whether it might be malnourished or suffering from disease, Van Hoose said.

Bear denver 6 24 26

<title>Colorado Wildlife Officials Uncertain Why Black Bear Attacked, Followed Woman | Cowboy State Daily</title>

Colorado wildlife agents are trying to determine why a black bear attacked a woman on a hiking trail in Denver and then followed her for 30 minutes despite her shouting and throwing rocks at it. The woman who took video of the encounter said it was "circling her."

Colorado Wildlife Officials Uncertain Why Black Bear Attacked, Followed Woman

Employee kate meadows cropped

Kate Meadows

Around Wyoming

A dispute over primitive outhouses on Amish-owned property in Crook County has prompted claims that some families are leaving northeast Wyoming’s oldest Amish community, though county officials say the issue has been resolved and was never intended to drive anyone away.

Sheridan rancher Pepper Fipps said he believes county enforcement efforts over wastewater disposal in the Hulett area have discouraged Amish families from remaining in the community.

“They wind up starting a little bit of a war,” Fipps said of the commissioners. “The community is dwindling.”

[{"type":"text","text":"Crook County Commission vice chairman Bob Latham disputes that."}]

“It’s all settled now. Everything is fixed,” Latham told Cowboy State Daily.

An estate moving sale earlier this month was held for two Amish families — Abe and Elizabeth Yoder and Rudy and Irene Borntreger. Records show Abe Yoder was among the landowners involved in the wastewater dispute.

About 40 Amish families live in the Hulett area, Fipps said. Founded in 2011, the Hulett Amish settlement is one of five in Wyoming.

Cowboy State Daily attempted to contact the families but did not receive responses before publication. Amish communities have traditionally relied on the U.S. mail for communication, and many members do not use cell phones or email.

[{"type":"text","marks":[{"type":"bold"}],"text":"Sanitation Concerns"}]

The issue surfaced in October 2024, when Crook County officials learned some Amish landowners west of Hulett had dug pits to use as toilets without obtaining permits.

Crook County wastewater specialist Caleb Peters informed commissioners that Yoder had installed outhouses that did not comply with county regulations, according to reporting by the Sundance Times.

Latham said a hole in the ground used to collect human waste is considered an illegal outhouse because it poses a risk to groundwater.

Commissioners scheduled a hearing in January 2025, expecting Yoder to attend and discuss the matter, but he did not appear, according to the Times.

Peters and county planning director Tim Lyons determined conditions at some properties presented health concerns after observing graywater and blackwater drainage. The Times reported Peters found a chicken with its head inside blackwater drainage at one residence, along with what he described as an odor of rot. At another property, he reportedly discovered an abandoned outhouse occupied by animals.

Latham said county code requires human-waste receptacles to be portable, pumpable or connected to a septic system.

[{"type":"text","marks":[{"type":"bold"}],"text":"No Fines Levied"}]

Fipps contends county officials threatened landowners with fines of up to $30,000 per day if they failed to comply with regulations.

He called the county’s rule about illegal outhouses “asinine, stupid."

“It is baffling to me because I haven’t ever seen an outhouse blow up,” he said, noting Amish families typically live on 160-acre parcels well away from town.

[{"type":"text","text":"Latham said fines were never a part of the county’s solution."}]

[{"type":"text","text":"“To my knowledge, we never imposed fines,” he said."}]

Due to the challenge of communicating with Amish residents, County Attorney Joe Baron mailed letters to the landowners, Latham said. Peters also visited properties in person several times, he added.

“Some didn't want to talk to him,” Latham said. “Some did and were very cordial. The ones who didn't found out we're not going to quit, because it's about health and safety. It's something we take very seriously.”

After being notified of the violations, some landowners installed vault toilets that comply with county requirements, he said.

He credited Peters’ persistence with resolving the issue. 

“Caleb did a heck of a job of staying on it and getting things corrected,” Latham said. “Sometimes they feel like they can follow a different path. It was a lot of education and a lot of back-and-forth.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Government Overreach Or Public Health?"}]

Fipps said he believes the county's response amounted to government overreach.

Latham disagrees, saying Crook County is obligated to enforce regulations consistent with standards established by the Wyoming Department of Environmental Quality.

“Every time we have to knuckle down and say, 'This isn't right', we hear that,” he said. “We could have been a lot meaner about it. It was mainly getting an understanding of what the laws are.

[{"type":"text","text":"“Our biggest thing with that deal is their health and safety.” "}]

According to the Young Center at Elizabethtown College, Crook County is home to Wyoming's largest Amish settlement. The state's Amish population numbers roughly 500 people spread among five settlements.

[{"type":"text","text":"Smaller settlements have since formed near Newcastle, Buffalo and Powell."}]

“I've known them my whole life,” Fipps said of the Hulett settlement. “I've traded horses with them and done business with them.”

Outhouse 2 6 24 26

<title>Rancher Claims Outhouse Dispute The Reason Amish Community Leaving Hulett | Cowboy State Daily</title>

A Sheridan rancher says an "asinine, stupid" outhouse crackdown is pushing Amish families out of the Hulett area. He said landowners were threatened with fines of up to $30,000 per day if they failed to comply with outhouse regulations.

Rancher Claims Outhouse Dispute The Reason Amish Community Leaving Hulett

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

Clair McFarland

Government & Politics

Politics

Wyoming congressional candidate Reid Rasner, who works as a financial advisor, was “discharged” from his broker clearinghouse company in late April on allegations that he “engaged in unapproved outside business activity,” 

Reid Rasner is also running in a 10-candidate Republican primary race to win the party’s nomination toward Wyoming’s lone U.S. House seat. Last year he announced, and later suspended, intentions to buy the tech giant TikTok amid congressional efforts to transfer the Chinese-involved company into American hands.

 also appears in a U.S. Securities and Exchange Commission profile, which says he started working through the investment clearinghouse LPL Financial LLC on March 1, 2019, and remained there until spring of this year.  

LPL Financial discharged Rasner on April 24 due to allegations he engaged in unapproved outside business activity, the profile says in a “disclosure” category. The disclosure doesn’t elaborate.

The Financial Industry Regulatory Authority (FINRA) profile of Rasner says he was registered previously as a broker “and is currently registered as an investment advisor.”

He’s held state registrations in New York and Wyoming, the profile says.

Before Rasner’s seven-year relationship with LPL Financial he was with Edward Jones for a year.

In 2019, the year Rasner’s work with LPL Financial began, he registered Wyoming Wealth Advisors LLC with the Wyoming Secretary of State’s office, and three years later he registered his business Omnivest LLC with the state.

“Our Website is currently under maintenance!” the banner says. “We’re sorry for the inconvenience.”

A disclosure brochure about OmniVest, dated June 15, says Rasner has a non-financial affiliated business as a congressional candidate.

“Approximately 10% of his time is spent on these activities. This does not present a conflict,” says 

LPL Financial did not respond by publication to an email inquiry to its press line.

[{"type":"text","text":"FINRA directed Cowboy State Daily to LPL."}]

Rasner, in response to an inquiry sent to his campaign team, said “In our industry, the transition of business relationships is a routine and common occurrence, particularly when professionals launch new firms.”

Rasner added, “I remain fully focused on growing my new firm, continuing to deliver exceptional service to clients, and helping bring investment, jobs, and economic opportunity back to Wyoming.”

As for what LPL Financial could have meant with the “unapproved outside business activity allegation,” Riverton-based financial advisor Mike Zirbel said, “It’s hard to narrow down.”

[{"type":"text","text":"That’s because financial advisors are tightly regulated, he said."}]

“There are so many things that would count as unapproved activities,” Zirbel added.

[{"type":"text","text":"A Little Background"}]

Rasner’s first-quarter Federal Election Commission report for his House campaign says he has loaned himself $1.2 million and contributed another $9,072 to his own campaign. That’s within a total of about $1.264 million in total receipts.

Rasner also ran an unsuccessful 2024 campaign against incumbent Republican U.S. Sen. John Barrasso

[{"type":"text","text":"Barrasso defeated Rasner 70,494 to 25,427 in the 2024 GOP primary."}]

Rasner’s total receipts for that campaign finished off at $1.33 million, the 

[{"type":"text","text":"Rasner loaned himself $1.28 million in the 2024 campaign.  "}]

Reid rasner 6 24 26

<title>Wyoming Congressional Candidate Reid Rasner Fired By Clearinghouse | Cowboy State Daily</title>

Wyoming congressional candidate Reid Rasner, who works as a financial advisor, was “discharged” from his broker clearinghouse company in late April on allegations that he “engaged in unapproved outside business activity,” federal filings say.

Wyoming Congressional Candidate Reid Rasner Fired By Clearinghouse

Fred harrison 4 23 26

Fred Harrison

Opinion

CSD Columnists

Imagine you hire a manager to run your business. You hand them a detailed, written rulebook. But instead of following it, the manager decides they know what is best for your company. They start crossing out your rules, writing in their own, and running the business exactly how they see fit.

How long would that manager keep their job? You would fire them immediately.

Yet, as Wyoming voters, we tolerate this exact behavior from our state judiciary. We do our civic duty. We go to the ballot box. We elect representatives to go to Cheyenne and pass conservative laws that reflect our values—whether it is protecting life, securing our elections, or defending our constitutional rights.

But increasingly, after the votes are counted and the laws are passed, those laws are quietly erased. Not by the voters, and not by the legislature. They are vetoed by unelected lawyers wearing black robes.

How do they pull this off? They do it through a legal magic trick called the "balancing test."

Instead of reading the plain, black-and-white text of the Wyoming Constitution and our state statutes, courts import judge-made standards—terms like "strict scrutiny," "balance of equities," or "minimal burdens." These phrases appear nowhere in our laws. They are subjective scales, invented by judges over decades, that allow courts to weigh a democratically enacted law against their own personal sense of what is "reasonable."

When a judge decides a law fails their personal balancing test, they strike it down. The result is a total subversion of the separation of powers. The courts are no longer acting as neutral umpires calling balls and strikes; they are stealing the legislative pen and acting as politicians.

Our State Constitution was supposed to have a safety valve for this: the judicial retention election. But let’s be honest with ourselves. When you reach the bottom of your ballot and see the question, “Shall Judge X be retained in office?”, you are flying completely blind.

Unless a judge is caught in a scandalous headline, their actual courtroom record is a black box. The primary group telling you how to vote is the Wyoming State Bar, which releases an insider "Advisory Poll" rating judges on vague traits like "temperament." It is a rigged game where lawyers rate the very judges they have to appease the next morning. It tells the public absolutely nothing about whether a judge is actually following the law or rewriting it.

Because voters have no real information, they universally check "Yes" by default. A system designed to be a democratic check and balance has devolved into a rubber stamp for lifetime appointments.

We cannot fix a rigged game simply by hoping for better judges. We have to rewrite the rules of the game so that judicial activism becomes a literal violation of the law.

Transparency is the first step. We must strip the State Bar of its monopoly on judicial evaluations. Wyoming needs an independent, citizen-led Judicial Performance Commission that publishes a real public dashboard before every election. Voters need objective metrics: a judge’s reversal rate, their docket delays, and plain-English summaries of when they have used judge-made tests to strike down the legislature's work.

But transparency is not enough. We must permanently reclaim the voters' constitutional power by binding the judiciary to the plain text.

We cannot achieve this with a standard statute, because activist courts will simply strike it down. We need the Wyoming Legislature to put an "Interpretive Mandate" Constitutional Amendment on the next ballot. This amendment would serve as the ultimate Contract with Wyoming, completely changing the rules of engagement for the bench.

First, it would enact a strict Textualist Oath. Before anyone is handed a gavel, they must publicly swear to construe the Constitution and state laws strictly according to their plain, original text. They must explicitly vow not to substitute their own policy judgments or imported balancing tests for the written law. This acts as a foolproof litmus test: if a nominee refuses to swear to read the law as written, they disqualify themselves.

Second, the amendment must arm the legislature with a usable weapon to enforce that oath. Currently, the legislature can impeach a judge for "malfeasance," but the term is so vague that lawmakers are terrified to use it for fear of looking political.

This amendment would constitutionally define "malfeasance." It would explicitly state that if a judge uses extra-textual balancing tests like "strict scrutiny" to bypass the law, they have broken their oath and committed constitutional malfeasance. This takes the politics out of impeachment. The legislature wouldn't be firing a judge over a political disagreement; they would be firing them for a breach of contract.

Getting this amendment on the ballot requires a two-thirds vote in Cheyenne. To conservative lawmakers frustrated by courts vetoing their hard work: this is your shield. This amendment takes your constitutional power back.

To the voters: this is the easiest ballot question you will ever face. It simply asks, “Should Wyoming judges be legally required to follow the law exactly as it is written?”

The legal establishment will fight this tooth and nail. They will claim it handcuffs the courts. But they are wrong. It handcuffs the activists. It returns the power where it belongs: to the written law, to the legislature, and ultimately, to you.

Fred Harrison is an attorney in Cheyenne and served in the Wyoming Legislature from 1982 - 1992. He can be reached at: Fred.Harrison@fjhlawoffice.com

<title>Fred Harrison: The Stolen Veto — How Wyoming Voters Can Take Back Our Courts | Cowboy State Daily</title>

Columnist Fred Harrison writes, "Increasingly, after the votes are counted and the laws are passed, those laws are quietly erased. Not by the voters, and not by the legislature. They are vetoed by unelected lawyers wearing black robes."

Fred Harrison: The Stolen Veto — How Wyoming Voters Can Take Back Our Courts

As of Monday, 35 Wyoming political candidates have sworn to love their enemies.

 after the public killing of conservative icon Charlie Kirk, and has since been working to restore the servant spirit and civility to the public arena in Wyoming.

The Tuesday after the May 14-29 filing period ended for political candidates, the group sent each candidate a pledge, group incorporator Matt Micheli told Cowboy State Daily.

“I will love my enemies, not just my friends. I will stand faithfully upon my convictions without giving into cruelty,” the pledge says. “I will call out wrongdoing without canceling people. 

"I will refuse to let the letters on someone’s hat or the hashtags in their bio mean more to me than the Gospel. I will not be swept up in the outrage cycle, but will instead step out of the chaos and boldly examine my own actions.”

The signers also commit to “bring the peace of Christ back into the public square — to show a divided world what it truly looks like to follow Him, not as a culture warrior but as a Kingdom person.”

The pledge invokes the group’s founding verse, Matthew 5:9: “Blessed are the peacemakers, for they will be called children of God.”

Two of the three GOP candidates for governor had signed the document as of Monday: Sen. Eric Barlow and Superintendent of Public Instruction Megan Degenfelder.

So too had three of the 10 Republican U.S. House candidates: Senate President Bo Biteman, former Superintendent of Public Instruction Jillian Balow, and Casper-based veteran Kevin Christensen. U.S. Senate candidate Jimmy Skovgard is also among the signers.

In the governor’s race, Barlow told Cowboy State Daily he doesn’t normally answer candidate questionnaires, but this one was “quite simple” and in line with the promise he made last year to run a clean campaign anyway.

“And whether we agree on issues or don’t, we can still be respectful and honoring of them as, you know, fellow human beings,” Barlow said.

Degenfelder in an email said she's a "devout follo

wer of Christ and certainly agree that politics has become increasingly unchristian."

"People of faith can and should do better following Christ’s teachings as we engage in debates about policy and Wyoming’s future," she said. "We can do this without compromising on our convictions. I will always take an unequivocal stand on issues that are black and white for me - like protecting the Second Amendment, defending the sanctity of life, reducing taxes, and promoting Wyoming’s legacy industries."

She said she completes other questionnaires from voter groups, the media and industry associations "whenever possible" and sees them as a way to be transparent. 

Another GOP gubernatorial candidate, retired Marine Col. Brent Bien, did not comment in response to an email and voicemail.

[{"type":"text","text":"Wyoming Can Use It"}]

Cowboy State Daily this pledge could be effective in Wyoming, and that he wants to help the group’s cause.

Another former lawmaker, Fred Harrison, was less optimistic about the pledge’s ability to curb vitriol in the state’s political arena. But he said each person should take the effort seriously.

[{"type":"text","text":"As for Micheli, he said the pledge is meant to be unique."}]

[{"type":"text","text":"Wyoming candidates face a number of pledges and have for years."}]

In 2020, the group Wyoming Gun Owners launched a pledge-style survey to candidates and derided the political hopefuls who didn’t sign it with phrases 

, “(it’s) a very dangerous situation for gun owners,” or “we all know what that means.”

More recently, the Wyoming Republican Party and its county subgroups launched a candidate pledge based on the state party platform. 

Some candidates have pointed to inconsistencies in the platform wording and called the 

 Others have called it a much-needed revival call for Wyoming’s broad-based GOP.

Micheli said the Peacemakers pledge isn’t meant to be used as ammunition, because its wording discourages that.

“The goal of this is kind of the opposite of all these other pledges you see out there,” he said. “The other pledges are kind of putting people into tribes and trying to figure out what tribe you’re in.”

Micheli said this pledge, however, tells each candidate to “look inward” and improve instead of “hammering anybody else over the head with it.”  

[{"type":"text","text":"Might Just Work"}]

Peterson, who served in the Wyoming Senate from 2005 to 2018, lauded the effort.

[{"type":"text","text":"“I could certainly get behind a movement like that,” said Peterson."}]

Peterson had voiced similar goals one week prior on a live video interview on Cowboy State Daily's Morning Show With Jake, 

Though the effort is “the light at the end of the tunnel” in what Peterson cast as a darkening, exhausting political arena, people will have to refocus on one another as fellow human beings to make it work, he said.

“If you love the person that’s opposed to either your way of life or philosophy or way of thinking,” he said, “and in your mind, your core belief is this is a brother, a sister, a person — and I don’t know what life experiences they’ve had, what brought them to the beliefs they have — it at least gives (one) the courtesy to be patient and listen.”

It takes effort to see the person through the issues. It’s also difficult to ratchet people down from the fiery realms to which public discourse has risen, said Peterson.

“It’s hard work to listen to somebody yelling and screaming at the top of their lungs, random thoughts and things to be argumentative … and say, ‘Oh, I can see you’re very passionate about your belief but you’re not making any sense,’” he said.

Rules of decorum in public arenas, the humility to apologize to one another where necessary, and applying mental rigor toward the actual issues are the way back to civility, Peterson added.

If people avoid dehumanizing and screaming at each other, their conversation will also get smarter, he said.

[{"type":"text","text":"Starting With You"}]

Harrison wasn’t as optimistic as Peterson, but called the pledge’s mission a worthy undertaking for each individual regardless of what society does.

“I’m not seeing a willingness on both sides of the aisle to discuss (differences),” he said. “I appreciate what they’re doing. I think it’s a wonderful idea.”

But, he added, “I’m not sure it’s always going to work, but that doesn’t mean anything. What did Mother Theresa say? We’re called to be faithful, not successful.”

[{"type":"text","text":"Harrison served in the Legislature from 1983-1992."}]

He was a Democrat then. But, ardently pro-life and socially conservative, he parted ways with the party starting in about 1992 and is now Republican. He’s also grown more fiscally conservative, Harrison said.

Harrison now writes a regular column for Cowboy State Daily in which he often scrutinizes the current state of the judiciary and jurisprudence.

“People think my articles are pretty sharp,” he said with a chuckle. Yet on May 9, he penned a 

 against resorting to violence or violent sentiments against judges, saying that nullifies good arguments on the issues.

The Wyoming group that launched a civility movement after the killing of Charlie Kirk has gotten 35 candidates to sign a peacemaker pledge to love their enemies. That includes gubernatorial candidates Eric Barlow and Megan Degenfelder.

Daily Smile: Tuesday, August 6, 2024

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