Federal court strikes down abortion ultrasound law in Kentucky

(Reuters) – A federal court struck down a law in Kentucky on Wednesday that requires women seeking an abortion to first undergo an ultrasound and hear a description of the embryo or fetus.

The U.S. District Court Western District of Kentucky ruled that the state law is unconstitutional because it violates the free-speech rights of the patient and doctor, court documents showed.

The law “does not advance a substantial governmental interest, is not drawn to achieve the government’s interests, and prevents no actual harm,” U.S. District Judge David Hale wrote in his ruling.

The ACLU filed the lawsuit against the state on behalf of EMW Women’s Surgical Center, which the complaint said is the state’s sole licensed abortion facility, days after the measure was passed in January by Republican lawmakers in Kentucky.

“We are pleased that Kentucky women will no longer be subjected to this demeaning and degrading invasion into their personal health care decisions,” said Alexa Kolbi-Molinas, an ACLU attorney, in a statement.

The law requires a physician or qualified technician to perform the ultrasound and position the screen so the woman may view the images. The medical staff were required to describe what the images show, including the size of the fetus and any organs or appendages visible.

The law does not contain exceptions for women who are facing medical complications or are victims of rape or incest.

The requirement violates the speech rights of doctors and patients by forcing them to deliver and listen to a government-mandated message, according to the lawsuit.

The law was part of a renewed effort by abortion opponents nationwide to restrict the procedure.

Some 26 states have laws regarding ultrasounds and abortions, according to the Guttmacher Institute, which tracks reproductive policy.

(Reporting by Brendan O’Brien in Milwaukee, editing by Larry King)

Fate of Kentucky’s last abortion clinic goes to judge

FILE PHOTO: Escorts who ensure women can reach the clinic lineup as they face off protesters outside the EMW Women's Surgical Center in Louisville, Kentucky, U.S. on January 27, 2017. P REUTERS/Chris Kenning/File Photo

By Chris Kenning

(Reuters) – The fate of Kentucky’s last remaining abortion clinic is in the hands of a federal judge following a three-day trial that could make it the first U.S. state without a single clinic.

Kentucky’s anti-abortion Republican governor, Matt Bevin, earlier this year moved to revoke the license of the EMW Women’s Surgical Center clinic in Louisville, citing deficiencies in its transfer agreements with local hospitals.

The clinic filed suit and was joined by Planned Parenthood of Indiana and Kentucky, which said the state has used the same rules to block it from providing abortions in the city. The groups are asking U.S. District Judge Greg Stivers to overturn regulations they argue are medically unnecessary and create an unconstitutional barrier to abortion.

A ruling could take months, since both sides have 60 days to present post-trial briefs the judge.

“The state is trying to shut down the only abortion clinic in Kentucky by enforcing regulations that have nothing to do with women’s health,” EMW attorney Don Cox said during the trial according to WLKY-TV.

Lawyers for the Bevin administration, which waged a licensing battle in 2016 that led to the shutdown of a Lexington clinic, argued the transfer agreements in question were meant to protect women.

During the trial, a state health regulator blamed hospitals, saying they failed to provide sufficient agreements, the Courier-Journal reported. EMW and Planned Parenthood alleged the Bevin administration pressured or intimidated hospital officials into refusing to enter such agreements.

The trial has drawn anti-abortion activists and abortion rights demonstrators outside the courthouse in a city that has become a flashpoint for the debate over abortion.

If the court rules in the state’s favor and the clinic is forced to close, it would leave Kentucky the only U.S. state with no abortion provider. Six other states have only one clinic.

Conservative legislatures and Republican governors have sought in recent years to tighten regulations on abortion clinics and forced closures in states such as Texas.

But courts have pushed back. Last year, the U.S. Supreme Court struck down parts of a Texas law that required clinics to meet hospital-like standards and for clinic doctors to have admitting privileges at nearby hospitals.

The American Civil Liberties Union is providing legal help to the Kentucky clinic.

(Reporting by Chris Kenning; Editing by David Gregorio)

Kentucky trial could make state first in U.S. with no abortion clinic

Kentucky trial could make state first in U.S. with no abortion clinic

By Chris Kenning

(Reuters) – Kentucky’s “unapologetically pro-life” governor and the state’s last abortion clinic will square off on Wednesday in a federal courtroom in a case that could make it the first U.S. state without an abortion provider.

In a three-day trial, the state will argue before a U.S. District judge in Louisville that EMW Women’s Surgical Center does not have proper state-required agreements with a hospital and an ambulance service in case of medical emergencies.

The clinic, which earlier this year filed suit to stop the state from revoking its license, wants to overturn the regulations it says are unnecessary and create an unconstitutional barrier to abortion.

“In 37 years providing abortion, I’ve seen more than a dozen clinics close down in our state, and now ours is the last clinic standing in the entire state,” Ernest Marshall, a doctor and EMW clinic founder, said in a statement.

“The very right to access legal abortion in the state of Kentucky is on the line,” he added.

The case could test court interpretations of last year’s U.S. Supreme Court ruling that struck down parts of a Texas law that required clinics to meet hospital-like standards and for clinic doctors to have admitting privileges at nearby hospitals.

Despite that ruling, conservative legislatures and Republican governors such as Kentucky’s Matt Bevin have continued to tighten new regulations on abortion clinics.

U.S. state legislatures enacted 41 new abortion restrictions in the first half of 2017, according to the Guttmacher Institute, a reproductive health think tank that supports abortion rights.

Abortion rights groups say that has reduced access to abortion, particularly in rural areas of the South and Midwest. Kentucky is among seven U.S. states with just one clinic left.

Bevin, whose administration waged a licensing battle in 2016 that led to the shutdown of a Lexington clinic, argued the transfer agreements in question were meant to protect women.

“It is telling that the abortion industry believes that it alone should be exempt from these important safety measures,” said Bevin spokeswoman Amanda Stamper.

EMW, which is the site of almost daily protests, argues that hospitals are already legally bound to accept any patient in an emergency and local EMS will transport patients without such agreements.

Planned Parenthood of Indiana and Kentucky joined the suit because it said the same transfer agreements were used to block a license for a facility in Louisville. The American Civil Liberties Union is providing legal help to the clinic.

(Reporting by Chris Kenning; Editing by Andrew Hay)

U.S. abortion support groups put on more public face

A protester (L) and an escort who ensures women can reach the clinic stand outside the EMW WomenÕs Surgical Center in Louisville, Kentucky, U.S. January 27, 2017. REUTERS/Chris Kenning

By Chris Kenning

LOUISVILLE, Kentucky (Reuters) – Patricia Canon drives poor rural Kentucky women to distant abortion clinics each week, part of a national army of volunteers who are growing bolder even as abortion foes ratchet up opposition to the activists they have branded as “accomplices to murder.”

The Kentucky Health Justice Network, where she volunteers, is one of dozens of non-profit U.S. abortion funds providing money for procedures or covering travel costs to help women obtain abortions, particularly in states where Republican-backed laws have narrowed options.

For years, such organizations kept a low profile to avoid being targeted by abortion opponents. But now, as abortion foes have succeeded in shrinking access, advocates are working harder to grow grassroots support and taking a more public stance.

The anti-abortion movement won a victory with the election of President Donald Trump, who has promised to appoint U.S. Supreme Court justices who would overturn the Roe v. Wade decision protecting a woman’s right to abortion. Critics of the decision say states should decide.

That worries pro-choice advocates, including support groups in states where Republicans control legislatures.

“There is a volume and aggressiveness of anti-choice legislation and legislators who feel empowered by the administration,” said Yamani Hernandez, executive director of the National Network of Abortion Funds, which represents 70 funds in 38 states.

Kentucky is a flashpoint in the national debate. The state had 17 abortion providers in 1978 but one today. It could become the first U.S. state without any clinics this fall, when a court will determine whether its anti-abortion Republican governor wins a licensing fight.

Anti-abortion protesters will converge on Louisville starting Saturday ahead of a week of demonstrations. Some have vowed to broadcast footage of abortions on an 8-by-16-foot “Pro-Life JumboTron” screen.

In response, a judge has ordered a temporary buffer zone around the state’s only abortion clinic.

NEW RESTRICTIONS

Kentucky is not alone in making access to abortion tougher. There are six other U.S. states with only one clinic each.

The Guttmacher Institute, a reproductive health think tank that supports abortion rights, said U.S. state legislatures enacted 41 new abortion restrictions in the first half of 2017, even after a 2016 U.S. Supreme Court decision struck down restrictive abortion laws in Texas.

Many more restrictions were proposed, ranging from waiting periods to 20-week abortion bans. The number of U.S. abortion providers dropped from 2,434 in 1991 to 1,671 in 2014, according to Guttmacher data. This year, Iowa blocked abortion providers from receiving public money for family planning services.

Medicaid restrictions and a decline in the number of hospitals providing services have also curtailed access, the National Abortion Federation said.

Advocates say poor and rural women are hurt most by such laws. The biggest impact is in the South and Midwest, where the number of abortion providers has dwindled. Nearly half of the 40 clinics in Texas closed after laws enacted in 2013. Only a few have reopened since last year’s court ruling.

The National Network of Abortion Funds met last month in Arizona to map a strategy that in part aims to open 10 new support fund programs across the country, expand its network of more than 2,000 volunteers and leverage rising donations to fill more than 100,000 annual requests for financial or travel aid, Hernandez said.

The groups spent roughly $3.5 million to aid abortion access in 2015, she said, the latest year for which data was available.

Kentucky Health Justice leaders hope to double volunteers and funding. Fund Texas Choice, an abortion travel aid group formed in 2014, and Arkansas Abortion Support Network, opened a year ago, are also among those working to expand.

The abortion support groups face fierce opposition, especially from religious groups. Joseph Spurgeon, an Indiana pastor and activist with the fundamentalist Christian group Operation Save America, called abortion access volunteers “accomplices to murder.”

Such rhetoric has not stopped some support groups from taking a more public stance resisting pressures to curtail abortion access.

“When we started two years ago, a lawyer told us to make sure your mission is kind of vague, don’t use the A-word,” said Maia Elkana, who started Missouri’s Gateway Women’s Access Fund several years ago. “We’re a lot more out there now.”

(Reporting by Chris Kenning, Editing by Ben Klayman and David Gregorio)

Kentucky town welcomes Confederate memorial moved from Louisville

Members from The Sons of Confederate Veterans stand before a dedication ceremony in Brandenburg, Kentucky, U.S. May 29, 2017 for a Civil War Confederate Soldier Memorial recently removed from the campus of the University of Louisville. REUTERS/Bryan Woolston

By Bryan Woolston

BRANDENBURG, Kentucky (Reuters) – A small Kentucky town gave a formal welcome on Monday to a monument to the Confederate soldiers of the American Civil War, rededicating the controversial structure after the University of Louisville removed it as an unwelcome symbol of slavery.

About 400 people, some dressed in grey replica uniforms and many holding small Confederate battle flags, gathered for the Memorial Day ceremony on a bluff above the Ohio River in Brandenburg, about 40 miles (64 km) southwest of Louisville.

The town embraced the tower at a time when Confederate symbols are being removed across the South as reminders of a legacy of slavery and the racism that underpinned it.

“The way I look at it, it’s part of our history,” Brandenburg Mayor Ronnie Joyner said at the dedication, which included the firing of a Civil War-era cannon. “We need to preserve our history.”

Brandenburg says the riverfront park where it holds a biennial Civil War reenactment was an appropriate setting for what some see as a respectful homage to Kentucky’s fallen.

The monument’s new home is near the spot where a Confederate general in 1863 launched a raid on neighboring Indiana, and Brandenburg hopes the addition will bring more tourists to the town.

“The Civil War is not a popular part of people’s past, but you can’t wipe it out,” said Charles Harper of Louisville, who came to the dedication dressed in Confederate uniform. “Just because you wiped out a reference to the Civil War doesn’t mean you’ve wiped out slavery, doesn’t mean you wipe out racism.”

The 70-foot-tall concrete plinth features an oversized statue of a rebel soldier at its crown, representing one of thousands of Kentuckians who fought with breakaway Southern states in the bloodiest conflict in U.S. history.

Monday’s ceremony, watched by a crowd that was almost exclusively white, marked the end to a year-long saga that began in April 2016 when the University of Louisville announced it would dismantle the monument, erected in 1895.

Students and faculty had long criticized the memorial as a tacit tribute to Confederate cause during the 1861-65 conflict, fought primarily over the issue of slavery.

Last May, a state judge ruled against some Louisville residents and descendants of Confederate soldiers who sued to keep the monument from being moved.

Kentucky was neutral during the Civil War and never joined the Confederacy. But slavery was legal in the commonwealth and many Kentuckians sympathized with the rebel cause and fought on its side.

The drive to remove Confederate statues in the South and elsewhere accelerated after the 2015 murder of nine African-Americans by an avowed white supremacist at an historic South Carolina church. The murders stirred national soul-searching about racism and its symbols.

Soon after the killings, the Confederate battle flag was removed from the grounds of the South Carolina state capitol.

Last week New Orleans dismantled the last of four Confederate statues that stood in the city for decades. The mayor of Baltimore said on Monday that her city was considering following the lead of New Orleans by removing its monuments.

(Additional reporting and writing by Frank McGurty; Editing by Andrew Hay)

How one U.S. state is leading the charge to dismantle Obamacare

FILE PHOTO: U.S. Vice President Mike Pence, sitting with Kentucky Governor Matt Bevin (L), discusses the American Health Care Act during a meeting with local business leaders at the Harshaw-Trane Parts and Distribution Center in Louisville, Kentucky, U.S. on March 11, 2017. REUTERS/Bryan Woolston/File Photo

By Yasmeen Abutaleb and Robin Respaut

FRANKFORT, Ky./SAN FRANCISCO (Reuters) – For nearly three years, Democrats and former President Barack Obama pointed to Kentucky as one of the Affordable Care Act’s biggest success stories.

A poor, rural state that straddles the North and South, Kentucky was an early adopter of the healthcare law commonly known as Obamacare and saw one of the country’s largest drops in the uninsured rate.

Now Kentucky is poised for a new distinction: to be the first state to save money by reducing the number of people on Medicaid, the government health insurance program for the poor and disabled and a central tenet of Obamacare.

If successful, Kentucky would provide a roadmap for other states who are worried about paying an increasing share for people on Medicaid.

A new Republican health law that passed the U.S. House of Representatives on Thursday, along with state initiatives like Kentucky’s, would dramatically change the national healthcare system and cut more than $800 billion from Medicaid over the next 10 years.

The Republican bill still faces a long road ahead in the U.S. Senate and its final passage is far from assured, making initiatives like Kentucky’s all the more important.

Kentucky has proposed to lessen its financial burden before it grows by reducing the number of residents on Medicaid by nearly 86,000 within five years, saving more than $330 million in the process. (For a graphic click http://tmsnrt.rs/2on0HVK)

Kentucky’s plan also calls for new work requirements for able-bodied adults to get insurance. Plus, it would establish new fees for all members based on income and lock out some people who miss a payment or fail to re-enroll.

By following these proposed rules, Kentucky believes Medicaid enrollees will over time graduate from Medicaid to private and employer insurance plans.

“One of the most remarkable lies that has perpetrated in recent years in the healthcare community in America is that expanded Medicaid was working well in Kentucky,” Republican Governor Matt Bevin, who is leading the state effort, told Reuters from the governor’s mansion in Frankfort, Kentucky.

That view is in line with President Donald Trump’s administration, which has criticized Obamacare’s Medicaid expansion and urged states to pursue similar Medicaid reforms to what Kentucky is now attempting.

“If Kentucky is successful, you’ll see this spread through the more conservative-leaning states. It’s possible even a Democratic blue state could do it,” said George Huang, director and senior municipal healthcare research analyst at Wells Fargo Securities. “It’s the flexibility that some states are seeking.”

INSURING THE POOR AT A PRICE

Kentucky, a state Trump won handily last November, has been devastated by the loss of coal mining jobs and an opioid epidemic. The state sits near the bottom of health rankings for smoking rates, cancer deaths and diabetes.

“To me, morally, it was the right thing to expand Medicaid, but I had a responsibility to not to do something that would bankrupt the state,” said former Governor Steve Beshear, a Democrat, referring to the increased costs of caring for a larger population with Medicaid insurance.

More than 30 states, about a dozen of which are led by Republican governors, expanded Medicaid under Obamacare. In Kentucky, more than 400,000 people gained health insurance through the program, the highest growth rate of Medicaid coverage of any state.

Beshear commissioned independent studies by PricewaterhouseCoopers and Deloitte on the financial and health impacts of expanding Medicaid. Both studies found health and economic gains. Deloitte reported that 90,000 newly covered residents received cholesterol screening and 80,000 got preventative dental care within a year. It estimated Kentucky would see an economic boost of $30 billion and 40,000 new jobs by 2021.

Beshear’s successor, Republican Governor Bevin, was elected in 2015 on a promise to repeal and replace the healthcare law on the view that thousands of Kentuckians had unaffordable premiums and only one health insurer to choose from.

He dismissed the projections in the Beshear-commissioned studies as “preposterous,” and says the state’s share of expanded Medicaid – $74 million in 2017 and totaling $1.2 billion over five years – was too expensive and unsustainable.

“We want this to be a helping hand for people at a time when they need it, but then be able to return to the commercial marketplace,” Bevin said.

Last year, Bevin submitted the waiver to restrict Medicaid eligibility by requiring enrollees to work or volunteer at least 20 hours per week and to pay monthly premiums based on income. He’s still awaiting approval.

Bevin said he has spoken with several governors about the waiver and has had extensive conversations with Health and Human Services Secretary Tom Price about fast-tracking the approval process in order for other states to quickly adopt similar programs. Such conversations are occurring across the country in response to encouragement from the new administration to reform state Medicaid programs, said Alleigh Marre, a Health and Human Services spokeswoman.

Louisiana and Wisconsin are considering work requirements for Medicaid enrollees. The Obama administration rejected previous attempts by other states, including Ohio and Arizona, to require work programs and monthly premiums for Medicaid, historically a free program for those eligible.

“Every state is watching this to see what happens,” said Bevin of Kentucky’s waiver. “It’s the first one in the queue.”

SIGNS POINT TO “YES” FOR KENTUCKY WAIVER

The odds look good for Kentucky to get the waiver in the coming months, based on the track records of health officials that Trump named after his inauguration.

Seema Verma, the new head of the Centers for Medicare and Medicaid Services, which approves Medicaid waivers, said during congressional testimony that the agency will usher in “a new era of state flexibility and leadership.”

Verma helped craft Kentucky’s waiver, but said she will recuse herself from the approval process to avoid conflicts of interest.

She and Tom Price wrote a letter to governors in March encouraging Medicaid reforms that more closely resemble commercial insurance plans. In the letter, they suggested features such as premium fees, health savings accounts, and emergency room co-payments that encourage the use of primary care.

CMS declined to comment on Kentucky’s waiver and said it does not speculate on the process while ongoing.

Under federal law, waivers must promote Medicaid’s objective of delivering healthcare services to vulnerable populations who cannot otherwise afford them.

“Waivers have never been used to cut people from the rolls,” said Emily Parento, associate professor at the University of the Pacific’s law school and the former executive director of Kentucky’s Office of Health Policy.

But Verma’s office is encouraging changes to Medicaid that make the government program look more like private insurance policies – goals that are similar to Bevin’s in Kentucky.

“I think what will happen is that other states will look at it and go, ‘We want everything they got,’” Bevin said.

(This story has been refiled to fix spelling in paragraph 3.)

(Reporting by Yasmeen Abutaleb in Kentucky and Robin Respaut in San Francisco; Editing by Caroline Humer and Edward Tobin)

ACLU and Kentucky’s only abortion clinic sue over ultrasound law

By Steve Bittenbender

LOUISVILLE, Ky. (Reuters) – The American Civil Liberties Union sued Kentucky state officials on Monday to block a new law that requires women seeking an abortion to first undergo an ultrasound and hear a description of the embryo or fetus.

ACLU lawyers filed the lawsuit in federal court in Louisville on behalf of EMW Women’s Surgical Center, which the lawsuit said is the sole licensed abortion facility in Kentucky.

The requirement violates the speech rights of doctors and patients by forcing them to deliver and listen to a government-mandated message, the lawsuit argues. The surgical center is asking for a temporary restraining order and a permanent declaration that the law is unconstitutional.

The law is part of a renewed effort by abortion opponents nationwide to restrict the procedure. It was passed on Saturday by the Kentucky General Assembly, where Republicans swept to power after taking the state House for the first time in nearly a century, and signed on Monday by Governor Matt Bevin, also a Republican.

Bevin, in a statement on Monday, defended the law and several other recently passed measures as representing a new day for Kentucky. He said the measures would “protect our most vulnerable.”

The law requires a physician or qualified technician to perform the ultrasound and position the screen so the woman may view the images. The medical staff will also be required to describe what the images show, including the size of the fetus and any organs or appendages visible.

It does not contain exceptions for women who are facing medical complications or are victims of rape or incest. Lawmakers inserted an emergency clause allowing it to take effect immediately upon Bevin’s signature.

The lawsuit accuses lawmakers of “forcibly co-opting and perverting the informed consent process.”

While the bill received overwhelming support in both chambers of Kentucky’s legislature, even some of its supporters questioned whether the state risked a lawsuit.

Some 25 states have laws regarding ultrasounds and abortions, but only three states require medical staff to display and describe the images, according to the Kaiser Family Foundation, a non-profit group focusing on health issues.

Republicans have acted swiftly in their first week with majorities in the Kentucky legislature. Other measures they passed include prohibiting abortions after a pregnancy has reached 20 weeks, making Kentucky the 27th “right-to-work” state and allowing the governor to overhaul the University of Louisville’s board of trustees.

(Reporting by Steve Bittenbender; Editing by David Ingram and Lisa Shumaker)

Kentucky moves toward requiring ultrasound before abortion

ultrasound machine

By Steve Bittenbender

LOUISVILLE, Ky. (Reuters) – Kentucky’s new Republican House majority took the first step on Thursday toward requiring women seeking an abortion to undergo an ultrasound, acting swiftly to capitalize on winning control of the chamber for the first time in almost a century.

The 83-12 vote on the bill came on the third day of the state’s 2017 General Assembly session, the first in which the Republican Party has led the House of Representatives since 1921.

The bill requires a physician or qualified technician to perform the ultrasound and position the screen so the woman may view the images. The medical staff will be required to describe what the images show, including the size of the fetus and any organs or appendages visible.

Sponsors say the bill will better protect the health of women and provide the materials necessary for women to make an informed choice. Abortion rights advocates contend such laws are designed to frighten and shame those seeking an abortion.

Some 25 states have laws regarding ultrasounds and abortions, but only three states require medical staff to display and describe the images, according to the Kaiser Family Foundation, a non-profit group focusing on health issues.

While Kentucky’s bill passed easily, some supporters criticized the new House leadership for pushing the legislation through so quickly that it might open the state to a lawsuit if,

as expected, the bill becomes law.

“I think that had we had a chance to discuss this bill, we might have come up with something that was not going to open this state up to millions of dollars in litigation” costs, said Democratic state Representative Angie Hatton.

The state’s Republican-controlled Senate passed another measure that would outlaw abortions after 20 weeks of pregnancy. After passing the ultrasound bill, the House approved two measures strongly opposed by labor groups. The first was a proposal that would allow workers in union shops to receive union benefits without having to pay dues, The second measure would repeal prevailing wage laws Republicans say add expenses to state and local construction projects.

Leaders in both chambers plan to meet this weekend to pass bills to be sent to Republican Governor Matt Bevin for approval, House Republican Caucus spokeswoman Daisy Olivo said.

(Reporting by Steve Bittenbender; Editing by Dan Whitcomb and Peter Cooney)

Life Size Noah’s Ark opens; GM addresses ‘Freedom From Religion’ protests

The Ark Encounter Ribbon Cutting

By Kami Klein

On July 6th, with thousands of guests and media in attendance, the impressive ‘Ark Encounter’ opened its massive doors and another historic vision of Ken Ham, founder, president and CEO of Answers in Genesis (AIG) came to life.  The first of the AIG projects, the Creation Museum, a state-of-the-art 75,000-square-foot museum that brings the pages of the Bible to life, was opened in 2007 and has seen more than 2.5 million visitors.  

In a press conference, Ham addressed the crowd and spoke to the importance of a family-oriented, historically authentic and environmentally friendly attraction.

“In a world that is becoming increasingly secularized and biased, it’s time for Christians to do something of this size and this magnitude,’ said Ham.

The Ark Encounter is America’s newest, large theme park, and the one of a kind, life size, 510 foot-long Noah’s Ark is the centerpiece and considered to be the largest free-standing timber-frame building in the world.  This Ark was build to full scale on the dimensions provided in the Bible. (Genesis 6) using the Hebrew long cubit (cubit- an ancient measurement of length based on distance from the elbow to the fingertips)  and in accordance with sound, established nautical, engineering practices of the ancient era.

To give you an idea of the size of this structure, NASA could lay 3 space shuttles nose to tail on the ark’s roof and the height is taller than a modern four story building.

The ark has opened to much praise, but also has it’s critics saying that the attraction will be detrimental to science education.  The Freedom from Religion Foundation, (FRFF) concerned about school field trips to the exhibit, say that ark field trips would expose children to religious proselytizing in violation of the constitutional separation of church and state.  

Ham noted at the opening press conference that with the Ark Encounter, “the research indicates a large percentage – maybe 40 percent or more – will be non-Christians. People from all over the world have heard of Noah’s Ark.” Ham added, “I believe you’re going to find all sorts of people from all walks of life with all sorts of religious backgrounds who are going to come here. And even if they don’t share our biblical view, they can’t help but be impressed by the structure, craftsmanship and by the attention to detail of the world-class exhibits inside. And who knows? Maybe they’ll be challenged to even talk about the Bible.”

In his blog, Ken Ham responded to the “bullying” tactics of the FRFF on schools.  He was speaking to a published press release by the FFRF that stated they would be advising public schools in more than 1000 school districts against visiting the theme park and remind them of their constitutional obligations.  

Ham responded, “Actually, FFRF is undermining or encouraging the violation of the First Amendment by bullying school districts with this threat. (Their usual threatening technique is to try to intimidate people to do what FFRF wants—not what the Constitution of the United States of America guarantees!)

On the basis of the First Amendment of the U.S. Constitution, public schools are absolutely free to take students on field trips (with appropriate parental permissions) to facilities like the Ark Encounter and Creation Museum, provided they are for historical, recreational, or educational purposes. FFRF has no right (and no legal basis whatsoever) to intimidate public schools as they are trying to do in this letter sent to more than 1,000 schools.”

The Center for Religious Expression also spoke directly with Ham stating:  

“Once again, FFRF is wrong. Public schools are free to take students on field trips to any place they find educationally beneficial, which can include parks, museums, and even churches, that have religious connotations. The Constitution demands the state be neutral—not hostile—toward religion. To deny students the unique opportunity to see and experience a full-scale model of Noah’s Ark—just because its existence is described in the Bible—would be decidedly hostile.”

In response to the FFRF letter that has been sent to school districts, Kentucky Education Commissioner Stephen Pruitt sent a message to school districts Monday saying that “neither outside groups nor state education officials should dictate field trip selection. A school’s site-based decision-making council approves trips.”  

The Ark Encounter is an immersive, historically themed experience for the whole family focused on having fun while learning about history. It is not an amusement park. It features a number of daily live performances, as well as live special events. It also includes “edu-tainment” aspects – educational and entertaining experiences – within each attraction. More than 125,000 square feet of world-class exhibits can be explored along the Ark’s three decks.

 

Up to 2,000 People Involved in ‘Riot’ at Kentucky Shopping Mall

Anywhere between 1,000 and 2,000 people — a large percentage of them middle-school- and high-school-aged kids — were involved in multiple altercations during a chaotic scene at a Kentucky shopping mall on Saturday evening, according to multiple published reports.

The disturbances happened at Mall St. Matthews in St. Matthews, Kentucky, a Louisville suburb.

Police told the Louisville Courier-Journal that most of the children were unsupervised. Law enforcement was still working to determine what exactly touched off the altercations, which began in the shopping center and later spilled out into nearby parking lots and businesses.

Speaking to NBC News, St. Matthews Police Spokesman Dennis McDonald described the situation as “a riot.” He said “a series of brawls” broke out across “the entire mall,” adding that he had not seen anything like the events of the evening in his 33 years as a police officer.

The mall has 130 stores and more than 23 acres of leasable space, according to its website.

The Courier-Journal reported that police initially received a single call for assistance to break up disorderly conduct, but got “dozens of others” as more people joined in and the altercations became more violent. McDonald told the newspaper the conflicts appeared to fuel each other, and “kind of a mob mentality” developed. Officers from at least four agencies responded to the situation.

Police were still trying to determine if the fights were gang-related or pre-planned, the Courier-Journal reported. But McDonald told the newspaper that parents and guardians of many kids appeared to be using the mall as a “babysitter,” noting that police believe most of Saturday’s troublemakers took public transportation to the mall or were dropped off there.

McDonald told the Courier-Journal that the mall should consider adopting a policy that would bar children below a certain age from visiting the mall without a parent accompanying them. He told the newspaper that could ultimately help prevent other disturbances from occurring there.

Local television station WLKY reported there weren’t any reports of injuries or arrests stemming from the confrontations. However, the mall decided to close more than an hour early, and one business manager told the station he lost more than $1,000 because of shutting his doors.

The mall was open Sunday, WLKY reported, though police stepped up their security presence there.