Daily Darwin

[{"type":"text","text":"They say men die earlier than women for some reason....."}]

Darwin 10 10 24

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

<title>Daily Darwin: Thursday, October 10, 2024 | Cowboy State Daily</title>

They say men die earlier than women for some reason.....

Daily Darwin: Thursday, October 10, 2024

 They say men die earlier than women for some reason.....

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

Andrew Rossi

Around Wyoming

What’s worse than getting stuck behind a slow-moving vehicle on Wyoming’s highways? Getting stuck behind a slow-moving electric scooter on Wyoming’s highways.

Cody Campbell was driving on Wyoming Highway 210 to Laramie on Sunday. She passed the Happy Jack Campground at Curt Gowdy State Park when she saw two slow-moving objects ahead.

They were two people riding electric scooters, driving in the right lane of the narrow, twisting mountain road.

“They were right in the middle of the lane,” Campbell said. “The first one was going fairly quickly, but the second one was very slow, swerving in front of the camper in front of us.”

Campbell noted that neither person was wearing protective gear, such as helmets, as they cruised along. One was even wearing sandals.

The speed limit along that stretch of WY 210 is between 45 and 65 mph. The scooters weren’t going that fast.

“I’m guessing they were going 30 mph,” Campbell said. “We slowed down to about 25 mph so we didn't hit them.”

That was a prescient concern given that, once the camper passed the slower scooter, it continued to swerve across the lane in front of Campbell’s vehicle.

With no passing lanes for several miles, Campbell was stuck. She felt powerless to do anything else.

“I was going to yell at him, but my son said no because he didn't want to startle the guy and cause him to crash, and cause us to run him over,” she said. “That would have ruined everybody's day.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Technically Legal"}]

Riding an electric scooter on a highway might seem like a dangerous decision to many, but is it illegal? In Wyoming, technically not.

The Wyoming Legislature has several statutes about what can and can’t be on the state’s highways. Electric scooters fall under the same rules as bicycles, which means they can legally use the highway.

“There are no actual laws or regulations for electric scooters,” said Aaron Brown with the Wyoming Highway Patrol (WHP). “They're placed under the regulations of bicycles, so they are legally allowed to be on the road.”

Cyclists are allowed to use Wyoming’s highways, just like any other road, so long as they follow “the rule of the road,” according to Brown. Many cyclists ride close to or on the shoulder, but they aren’t obligated to do so.

“It’s recommended for cyclists to stick to the side, but legally, they can use the road like any other vehicle,” he said.

Campbell noted that the electric scooters she saw on WY 210 weren’t registered. There’s also no law in Wyoming requiring registration.

“If you have a scooter that gets over 50 CCS, they have to get a registration and insurance at that point,” Brown said. “If it’s electric, it’s probably not going to be anywhere near that.”

[{"type":"text","text":"And the lack of helmets?"}]

[{"type":"text","text":"“We have no laws mandating helmets in Wyoming,” he said."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Safety First"}]

Even if scooters are legally allowed on Wyoming’s highways, they could still present a safety issue, Brown said. But that’s just as true for any vehicle.

“The rules of the road are there for people's safety,” he said. “That is the WHP’s number one priority.”

A WHP trooper might see someone riding an electric scooter and decide to pull them over. Seeing anyone on a slow-moving vehicle on a fast-moving highway could present a safety risk to themselves and other drivers.

[{"type":"text","text":"However, that’s at the discretion of each trooper."}]

“If there’s a safety concern, we're going to end up doing something like pulling them over and talking to them about the safety concern,” Brown said. “It may not even result in a ticket. But even then, they can still legally use the road again.”

[{"type":"text","marks":[{"type":"bold"}],"text":"We The People"}]

If someone wants to cruise along a Wyoming highway on an electric scooter, without a helmet or any safety gear, they legally can. Campbell questions whether they legally should.

Electric scooters are still relatively new devices, so the Wyoming Legislature hasn’t addressed their legality. That’d be the only avenue for anything to change.

“Troopers are subject to enforcing the laws,” Brown said. “The laws are set by the Legislature, and the Legislature is voted in by the people of Wyoming. If laws about electric scooters should change or not, it's going to be up to our Legislature and everyday citizens.”

[{"type":"text","text":"Campbell said she thinks that should change."}]

“Scooters need to be off the highway,” she said. “I don't even like them in parking lots, but it's safer on the city streets, sidewalks, and parking lots than on a twisty, turny mountain road.”

Campbell’s concern was how gravel on or to the side of the road could cause an electric scooter to lose traction and topple over, just like a bicycle. Also, the fact that they were only traveling around 30 mph on a 65-mph highway was as frustrating as it was concerning.

As long as they’re following the rules of the road, an electric scooter is considered a road-legal vehicle under Wyoming law. Campbell fundamentally disagrees with that.

[{"type":"text","text":"“That's not a vehicle,” she said. “It's a toy. It's a toy.”"}]

Scooter happy jack 7 28 26

<title>Believe It Or Not, Electric Scooters Can Be Ridden On Wyoming's Highways | Cowboy State Daily</title>

While it seemed ludicrous to one Cheyenne driver who was stuck behind people riding their electric scooters on a two lane highway near Laramie, it's entirely legal. “Scooters need to be off the highway,” Cody Campbell said. "It's not a vehicle. It's a toy."

Believe It Or Not, Electric Scooters Can Be Ridden On Wyoming's Highways

Heinz mark

Mark Heinz

Outdoors

Several side roads at a popular recreation area north of Evanston have been closed by state and federal officials after landowners complained about their land being “torn up” by unauthorized motorized use.

Some recreationists balked at the Wyoming Game and Fish Department and the Bureau of Land Management (BLM) posting "road closed" signs on several roads and two-tracks in the Woodruff Narrows/Bear River Divide area.

It includes a Game and Fish public access area.

However, agency personnel told Cowboy State Daily the roads in question cross private property, and landowners were fed up.

"The landowners are sick of having their land torn up," BLM Wyoming spokeswoman Courtney Whiteman told Cowboy State Daily.

The episode encapsulates the complexities of public recreation areas set on easements across private land.

The 16.3-acre Woodruff Narrows Public Access Area offers fishing, hunting, camping, hiking, boating, and wildlife viewing, according to Game and Fish. Just to the northeast is the roughly 12-acre Bear River PAA, which offers camping, fishing and hunting.

Game and Fish works with landowners to establish PAAs at similar places, such as walk-in hunting and angling areas and hunter management areas.

In exchange for public access, Game and Fish establishes and enforces conditions set by landowners, including dates of use, access points, limits on motorized travel, and the like.

Phil Pierson of Wichita, Kansas, stated in a social media post that Woodruff Narrows is one of his favorite places to visit. So, he was taken aback when he went there recently and discovered several roads he likes to use were posted as "closed" by BLM and Game and Fish.

He said that it wasn't right to be denied access to "public lands."

Pierson could not be reached for further comment.

Local outdoorsman Landon McGuire told Cowboy State Daily he hunts mule deer at Woodruff Narrows.

He added that the reservoir also draws anglers, who fish either from boats or along the shoreline.

He noted that the jurisdiction of the land can be confusing because it's in an area of "checkerboard" public and private land parcels, with square parcels of BLM and private land.

In much of the area, hunting is allowed only on foot, he said.

"Those (road closed) signs go up every fall" to remind hunters where they can and cannot drive, he said.

The "actual designated routes" for public travel are clearly marked on hunting GPS apps, such as onX, McGuire said.

He added that he understands why Game and Fish must regulate travel as part of its agreement with private landowners.

It's Game and Fish's duty to manage both the wildlife and human activity in the area, he said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Complex Management"}]

Landowners' rights and concerns must be respected in public access areas, Game and Fish spokeswoman Anne Hodnett stated in an email to Cowboy State Daily.

"The Bear River Divide is unique compared to most PAAs in our state due to its scale and complex, 'checkerboard' landownership pattern, which includes a mix of private, Bureau of Land Management (BLM), and state lands," she said. "When private landowners opened access and enrolled their lands into our access program, they requested specific protections to prevent motorized damage and unauthorized access on their specific parts of their property." 

Game and Fish "worked directly with these landowners" to decide which roads to close to the public, Hodnett added.

She said protecting private property rights helps ensure that landowners continue to allow public access to the recreation area.

"Standard PAA regulations prohibit off-road travel and ATV/ORV use throughout the area to protect habitat and prevent property damage," Hodnett added.

Road closed 4 7 28 26

<title>State, Feds Close Popular Evanston Recreation Roads After Private Land 'Torn Up' | Cowboy State Daily</title>

After angry landowners near a recreation area north of Evanston complained of their property being "torn up," state and federal officials closed the roads. "The landowners are sick of having their land torn up," BLM spokeswoman Courtney Whiteman said.

State, Feds Close Popular Evanston Recreation Roads After Private Land 'Torn Up'

Kolby fedore

Kolby Fedore

Crime & Courts

An Afton attorney who previously served as a Lincoln County deputy prosecutor and was recently a finalist for a Wyoming judgeship is facing a misdemeanor solicitation charge in neighboring Idaho after investigators allege he offered to pay for a sexual encounter through an anonymous dating app.

John Bowers, 66, was charged July 22 in Bear Lake County with one misdemeanor count of solicitation for commercial sexual activity.

A probable cause affidavit says the investigation began June 24 after a private citizen contacted the Montpelier Police Department about messages exchanged with Bowers on Sniffies, a location-based social networking app. 

The reporting party, who described himself in the affidavit as someone who reports suspected criminal activity to law enforcement, told police Bowers offered $300 to "party" and said he would bring "party supplies." Investigators interpreted the messages as an offer to pay for a sexual encounter.

[{"type":"text","text":"Bowers has pleaded not guilty."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"'This Charge is Frivolous' "}]

Bowers' attorney, Richard Blok of Pocatello, declined to comment to Cowboy State Daily, saying the Rules of Professional Conduct limited what he could say.

However, he said a statement he previously provided to an Idaho news outlet remains accurate.

"Mr. Bowers is innocent of the charge,” Blok said in the statement. "This charge is frivolous and should never have been brought."

[{"type":"text","text":"A pretrial conference is scheduled for Sept. 9 in Bear Lake County."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Search Leads To Wyoming Office"}]

On May 21, investigators with the Montpelier Police Department, assisted by the Wyoming Division of Criminal Investigation, contacted Bowers outside his Afton law office while executing a search warrant for his electronic devices. After returning to the office, Bowers agreed to speak with investigators and surrendered his cellphone.

The affidavit notes investigators later recovered digital evidence they believe linked Bowers to the account used in the conversations, including a Gmail account allegedly created the same day under the name "Jack Black" that received a Sniffies activation email.

During the interview, Bowers acknowledged using the app and exchanging messages but denied intending to solicit prostitution.

[{"type":"text","text":"\"I truly didn't think I was soliciting,\" Bowers told investigators."}]

Bowers also described his conduct as "morally wrong and inappropriate" while maintaining he never intended to arrange a commercial sexual encounter.

[{"type":"text","marks":[{"type":"bold"}],"text":"Well-Known Wyoming Attorney"}]

Bowers has practiced law in western Wyoming for decades and previously served as a deputy prosecutor in the Lincoln County Attorney's Office.

Last November, he was one of three finalists selected by the Wyoming Judicial Nominating Commission for a Lincoln County Circuit Court judgeship. Gov. Mark Gordon ultimately appointed Judge Thomas Deering to the bench.

Cowboy State Daily also contacted the Wyoming State Bar seeking information about Bowers' status as a licensed attorney and whether the bar had taken any action in response to the Idaho criminal charge.

Deputy Bar Counsel Brandon Booth declined to answer questions about Bowers specifically.

Asked generally about the bar's policy when a licensed attorney is charged with a misdemeanor, Booth said attorneys have reporting obligations "depending on the result of the allegations."

Afton bowers 7 28 26

<title>Afton Attorney, Former Deputy Prosecutor, Charged With Solicitation In Idaho | Cowboy State Daily</title>

Afton attorney John Bowers, once a Lincoln County deputy prosecutor, is facing a solicitation charge in Idaho after investigators say he offered to pay for a sexual encounter through an app. He says his conduct was "morally wrong" but denies solicitation.

Afton Attorney, Former Deputy Prosecutor, Charged With Solicitation In Idaho

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

Clair McFarland

Government & Politics

Politics

Four candidates are running for the Republican nomination to a legislative House seat in north-central Wyoming – and they all say they won’t join the Freedom Caucus.

That seat’s incumbent and outgoing Rep. John Winter, R-Thermopolis, is a founding member of the Wyoming Freedom Caucus.

But the four men vying to replace him in House District 28 all told Cowboy State Daily on Monday they don’t intend to join the group.

Those are Meeteetse rancher Allen Hogg, Otto rancher Carlin Jones, Thermopolis attorney and former Navy SEAL Marshall Keller, and 

 hot springs pool operator Roland Luehne.

“I don’t believe I should be taking orders from a caucus,” said Keller. “I believe I should be listening to my constituents, for one.”

The Wyoming Freedom Caucus is a controversial group of state House Republicans. Its proponents say it’s the true voice of the Wyoming right; its detractors accuse it of sloppy legislating and groupthink.

[{"type":"text","text":"It’s part of a larger national network of Freedom Caucus groups."}]

, its members have coordinated floor maneuvers in a group text with the state group’s director, 

“A lot of the stances in the Freedom Caucus, in my opinion, are more based on trying to get newspaper articles and time in front of social media and TV,” said Keller. “To pound their chests and say, ‘Look what I’m doing, and the courts and everybody else is against us.’ Instead of, looking at the Constitution and the laws we have and adjusting them based on what we can do.”

Keller, 54, said he’s an orthodox Christian and respects both the U.S. Constitution and Wyoming Constitution. He said he’ll follow the Wyoming Republican Party platform insofar as it doesn’t conflict with his faith or either constitution.

Jones, 33, said the caucus “muddies the waters” and it’s time for Republicans to unite around the state platform and curb division.

[{"type":"text","text":"The division is not always the caucus’ fault, said Jones."}]

“At this point it’s creating a division that is harmful,” he said. “I don’t know whether it’s justified or not. But it’s there.”

Jones emphasized in a later text message that he finds the caucus’ planks “logical and sound.”

Luehne, 62, said he’s willing to vote with the caucus at times but “won’t be owned by them.”

[{"type":"text","text":"“I don’t want to be owned by any interest groups,” said Luehne."}]

Hogg, 66, said he likes the caucus position on a lot of issues, but dislikes its methods. Secondly, he said, “they speak out of one side of their mouth when they say, ‘We want to maintain local control,’” but they counter that by voting to cut property taxes.

House District 28 covers all of Hot Springs County and parts of Park, Big Horn and Fremont counties. The primary election is Aug. 18. 

State Rep. John Bear, R-Gillette, said on behalf of the caucus, "The new representative for HD 28 has big shoes to fill."

[{"type":"text","text":"Winter has served in the House since 2019."}]

"At the end of the day," continued Bear, "there are only ever two votes: aye or nay."

Bear asserted that if people are voting with the Freedom Caucus, "they'll be voting for tax relief, parental rights, and smaller government."

The "smaller government" claim sits differently with different people. On the one hand, cutting property taxes cuts government. On the other hand, Hogg noted, it could prompt more state-controlled revenue structures and erode local governments' autonomy.

Bear added: "I find it curious how you characterized Carlin's response. We have a very different statement from him." 

[{"type":"text","text":"And There’s The Difference"}]

[{"type":"text","text":"All four men cast themselves as conservative."}]

Jones, Hogg and Keller said they’re pro-life. Luehne said he’s pro-life but up to about 90 days’ gestation,. “I like women to be able to choose,” he said.

They gave varying thoughts on the 50% residential property tax cut slated to appear on the November general election ballot.

[{"type":"text","text":"Here Keller and Hogg diverged from Luehne and Jones."}]

“I’m not a fan,” said Keller. He noted that the Legislature delivered a 25% residential property cut last year. Property taxes fund schools and local governments. Firefighters rely heavily on those revenues, as do other county services.

“We haven’t even had time to observe fully the effect of the current reduction in taxes,” said Keller, who’s a trustee for the Hot Springs County School Board. “We’re still figuring out how to deal with that.”

Hogg said he agreed with the 25% cut when it passed, but as he learns more about what property taxes fund, he’s opposed to the ballot initiative.

“That’s going to hit way too hard, especially on the smaller communities,” said Hogg. “It takes away from the local control.”

Hogg said shifting the state’s revenues onto other kinds of taxes also shifts power to the state government, away from county governments.

[{"type":"text","text":"Starting Point"}]

Jones favors the 50% proposed cut and said cutting residential property taxes altogether would be a good starting point in the broader war against property taxes. He cast property taxes as unjust.

“We have to take a serious look at government expenditures, a serious look at waste and overspending,” said Jones, adding that Wyoming doesn’t have a revenue problem but a spending problem.

“I’m not even sure it’d be necessary to issue an alternative tax,” he said.

Luehne told Cowboy State Daily on Monday that property taxes have gotten out of hand, and questioned why a person should still have to pay the government to live in a home once that home is paid off.

“I’d like to get rid of it if possible,” said Luehne of property taxes. “We need to cut it as far back as humanly possible.”

Like Jones, Luehne said the government should accommodate property tax cuts by downsizing.  

“If it means losing a few state jobs I think that might be the right thing to do,” he said. “I’m sure they can find money other places than just property taxes. I think we can be creative enough.”

When lawmakers considered a bill to eliminate property taxes altogether in November, analysts anticipated it would remove roughly $644 million per year from local governments and schools.

Each new “penny” or 1% sales tax brings the state about $237.5 million based on the 2025 distribution, Wyoming Department of Revenue Director Brett Fanning told lawmakers at the time.

So a 2% sales tax increase would bring the state $475 million “give or take,” he said.

 from the Wyoming Department of Audit says counties’ collective revenues outpaced expenditures by about $199.4 million in fiscal year 2025. Special districts’ revenue outpaced expense by about $55.3 million, reportedly.  

[{"type":"text","text":"The picture was bleaker for Hot Springs County."}]

 in revenues and more than $11 million in total costs.

 in total revenue and more than $6.9 million in total expenses in fiscal 2025.

Jones said he’s concerned about data centers and potential power rate and water utility rate hikes.

“They seem to promise the world and fall short,” said Jones. “Right now they have their eyes on Wyoming because we’re rich in energy. We have wide open spaces.”

Jones said he wants to protect Wyomingites from those potential cost fallouts and has concerns about “what data are they even processing?”

Keller, Jones, Luehne, and Hogg all indicated they want to end 

 for large data center projects. Keller called the break “a bunch of horse shit” and said he too wants to insulate power users and residents from unfair costs brought by data centers.

Keller said he wouldn’t take data center opposition so far as to violate private landowners’ rights, however.

“If you have a complete ban, that’s the ultimate regulation, in my opinion,” said Keller. “I believe it violates private property rights, of people that own the land that may want to do business with them.”

Hogg also said a total ban isn’t feasible. The businesses have already set up shop in Wyoming.

But, Hogg emphasized Wyoming’s state agencies should regulate data centers, and its local governments should vet them as they approach each community.

[{"type":"text","text":"Again, Hogg urged local control."}]

And beyond cutting the tax break, he said he’d like to find ways to lift more revenue off data centers.

Luehne said Wyoming should strike a balance between protecting citizens and reaping the economic benefits data centers can bring. 

[{"type":"text","text":"\"They key is making the right deal,\" said Luehne. "}]

Hogg and Keller both disagree with the Legislature’s new “silo” barring school districts from using a sizable influx of public money in areas besides classroom instruction, largely teacher pay.

That erodes the ability of school districts closest to the students to put money where needed, said Hogg.

[{"type":"text","text":"“Let the local boards decide where that goes,” said Hogg."}]

[{"type":"text","text":"For Keller, the silo was “probably the breaking straw.”"}]

“I didn’t see how it was fair to our bus drivers and custodians, and those type of people, to have them not be able to get a pay raise,” said Keller.

Teachers are slated for a roughly 12% pay raise under the silo system, while many schools are seeing other budget areas, and activities funding, drop.  

“You can’t tell me that doesn’t instantly create division,” Keller said.

[{"type":"text","text":"Economic Development"}]

Luehne told Cowboy State Daily he’s running to boost private sector jobs. His economic vision prioritizes jobs, then taking care of seniors, farmers and ranchers, he said.

As operator of Star Plunge, Luehne has been involved in a lengthy battle with the State of Wyoming, in which he’s accused of 

cheating his company out of a lease deal.

“I’ve had so many people ask me to run because of my situation in the Hot Springs State Park,” said Luehne. “I personally have seen how the executive branch has overstepped with land grabs. I want to make sure something like that never happens to somebody else.”

He said he wants to create things to help economic development of communities, especially by paring back rules and regulations.

Jones also lamented what he called executive-branch overreach. He said the state engineer’s office has put rigid restrictions on his ranch, which took him a year and a half to resolve.

Jones also decried the long-running battle between the Thermopolis owners of the Tipi Resort and an earlier iteration of the Hot Springs County Commission, whose permit denial persisted through court challenges.  

Hogg said he stands out from his opponents through his lengthy ranching experience. His grandparents settled in the Meeteetse area in 1918 and his family has ranched the land since, he said.

“I think compared to my competitors, especially, I think I’ve got a much better idea of the issues surrounding agriculture in Wyoming,” he said. “I think that’s one of my strong suits.”

[{"type":"text","text":"Hogg and Jones are both multi-generation Wyoming ranchers."}]

Keller moved to Gillette in 2011 and has remained in Wyoming since. That followed his military career, graduation from Montana Tech University and a boom-bust brush with gold mining in Nevada working as an exploration geologist.

[{"type":"text","text":"“I got tired of chasing the commodity cycles,” he said."}]

He pivoted and earned his law degree from the University of Wyoming in 2019, he said.

Cowboy State Daily has reviewed documents confirming Keller served as a Navy SEAL.

All four GOP candidates running for the state House seat spanning north-central Wyoming say they won't join the Freedom Caucus, though the incumbent was an early founder of it. “I don’t believe I should be taking orders from a caucus," one candidate said.

Daily Darwin: Thursday, October 10, 2024

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