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Friday, Nov. 29, 2013 Volume 18, Issue 47 Est. 1995
Town Crier Candle-lighting ceremony remembers deceased children
Parents, siblings and grandparents of children who have died are invited to attend a candle lighting ceremony from 6:30-8 p.m. Sunday, Dec. 8 at Living Waters Lutheran Church, 1911 4th Ave. N., Sauk Rapids. Loved ones may bring a single framed photo of their child for display if they wish. Special music, readings, time for sharing reflections and memories will be part of the evening as well. Out of respect for the newly grieving and in keeping with the reverent nature of the event, please consider finding alternative care for younger family members. Candle lighting will begin at 7 p.m. traveling through each time zone illuminating the globe in a 24-hour wave of light. For more information, call the Living Waters church office at 320-255-1135 or visit www. thenewsleaders.com and click on Criers.
Wrap gifts to benefit animals
The Tri-County Humane Society is looking for volunteers to staff gift wrapping shifts at Crossroads Center (near Target) during mall hours. This is a fundraiser to benefit animals at the Tri-County Humane Society. You need not be a current volunteer to help. For more information on this or other United Way volunteer opportunities, visit www.thenewsleaders. com and click on Criers.
Hot off the press
If you’d like to receive the Newsleader hot off the press, send us your email address and we’ll notify you with a link when our website is updated, which is typically by noon a day in advance of the print edition. Send your email to news@thenewsleaders. com and you should start receiving your reminder at that address within a week. Notify us otherwise.
Harpist plays Dec. 4
Enjoy a concert of harp music by harpist Andrea Stern from 2-3:30 p.m. Wednesday, Dec. 4 at the Al Ringsmuth Public Library, 253 N. 5th Ave., Waite Park. Stern has been a professional performing artist for more than two decades performing with symphonies throughout the world, and she has performed as principal harpist for the Minnesota Opera. Her delightful music puts the audience in the holiday mood.
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Debate: Should chickens be allowed in backyards? by Dennis Dalman email@example.com
Be it resolved: Chickens should be able to roost in residential areas. That assertion was the topic of a lively, engaging debate Nov. 20 in the Sartell City Hall chambers, attended by about 70 people. It was the first of a planned series of debates organized by local residents, some of whom have connections to the College of St. Benedict and St. John’s University. Moderator Patty Candela of Sartell said the debates are planned to foster a community engagement with issues that could directly affect Sartell residents. In the debates, she said, residents can meet to listen to and discuss issues in a direct, polite way. Before the debate, as audience members arrived at city hall, each was given two pennies.
On a table inside the entrance were three plastic trays. One was marked in favor of allowing chickens in yards, another was marked opposed to chickens in yards, the third was marked undecided. Each person was invited to put one of the two pennies into a bin coinciding with his or her opinion before the debate. An hour later, after the debate was finished, those same trays were passed around through the audience members who were asked to put the other penny into the tray that coincides with their opinions after hearing the debate. The point of the “two-cents worth” exercise was to determine how many minds were changed among the listeners during the debating process. Those who debated the pro side of the “chicken” question were Jean Lavigne, an environmental-
photo by Dennis Dalman
Immediately following the debate, a woman passes a tray for which people in the audience toss pennies if they agree or disagree with one side or the other in the debate. It’s a way the audience can add their “two-cents worth” to the issue. science professor at CSB/SJU, and Matt Lindstrom, a political-science professor at CSB/SJU. Debating the con side were Lisa Schreifels, director of health for the City of St. Cloud, and King
Banaian an economics professor at St. Cloud State University, radio personality and former state representative. Lindstrom and Schreifels are Sartell Debate • page 4
Sabre swim team places third at state The Sartell Sabre girls swimming-diving team placed third in the Class A state competition last week. For the past five years, the team has done exceedingly well in state competition. In 2009 and 2011, the girls won first at state. In 2012, they earned second place. This year was just one of many third-place finishes, the others being in 1999,
2001, 2008 and 2010. Visitation won the state Class A meet with 300 points. Mankato West was second with 168 points. Sartell earned 161 points. There were 39 teams competing for the Class A state title this season, including teams in this area from St. Cloud Apollo, Cold Spring Rocori, Sauk Rapids and Becker. None of the Sartell divers
qualified for the finals. The Sartell team’s outstanding performances at the state meet include the following: 400-yard freestyle relay, third place, team members Anna Ellis, Gaby Hagen, Marena Kouba and Paige Pawlenty, 3:37.37; 200-yard freestyle relay, fourth place, team members Hagen, Lindsey Martens, Pawlenty and Jennifer Thomp-
son, 1:38.33; 100-yard backstroke, second place: Ellis, 57:13. seventh place: Kouba, 1:00:25; 200-yard freestyle, 11th place, Pawlenty, 1:59.78; 200yard individual medley, 13th place, Hagen, 2:16.38; 100-yard butterfly, 13th place, Hagen, 1:00.22; 100-yard freestyle, seventh place, Thompson,53:52.8; and 100-yard breaststroke, 10th place, Martens, 1:07.55.
Artist paints Bible in action by Dennis Dalman firstname.lastname@example.org
People will have a chance to see a Bible story “come alive” in the form of a colorful painting in action when Paul Oman presents “Drawn to the Word” three times at Celebration Lutheran Church in Sartell. Everyone is welcome to attend the free program, which will take place at contributed photo Painter Paul Oman, who lives in Deer Park, Wis. paints this landscape 6:30 p.m. on three consecin the open air in Door County, Wis. Oman excels in a number of art utive Wednesdays: Dec. 4, 11 and 18. genres, including landscapes and religious themes from the Bible.
Oman, who hails from Deer Park, Wis., is a former teacher and pastor who is now a full-time freelance watercolor and acrylic artist. For his “Drawn to the Word” events, he travels to churches, schools and other organizations throughout the Upper Midwest where he displays his expertise in painting. During “Drawn to the Word” events, people ask him to evoke a Bible story through his watercolor painting on a Artist • page 3
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2 If any readers have tips concerning crimes, they should call the Sartell Police Department at 251-8186 or Tri-County Crime Stoppers at 255-1301 or access its tip site at www.tricountycrimestoppers.org. Crime Stoppers offers rewards up to $1,000 for information leading to the arrest and conviction of those responsible for crimes. Nov. 13 8:27 a.m. Traffic stop. CR 1. After checking a vehicle’s registration, it was found the driver’s license was canceled. There was an
odor of alcohol coming from the driver. After passing field sobriety testing, the driver was issued citation for driving after cancellation, no proof of insurance and open container. The vehicle was left parked and driver was released to a valid driver.
Pebble Creek Drive. A report was made regarding a suspicious vehicle arriving late at night, a young male walking down the sidewalk and returning for his vehicle in the morning. It was found he was visiting his girlfriend, who lived in the area. The parents were notified.
Nov. 14 8:38 a.m. Arrest warrant. Amber Avenue S. An arrest warrant was issued for an adult female. She was placed under arrest and transported to Stearns County Jail without incident. 1:11 p.m. Suspicious vehicle.
Nov. 15 9:04 a.m. Arrest warrant. Amber Avenue S. An arrest warrant was issued for an adult female. She was placed under arrest and transported to Stearns County Jail without incident. 7:59 p.m. Driving complaint. Heritage Road. A complaint was made regarding an adult male driving the wrong direction down the road. Officers arrived and found the male was suffering from a medical condition. He was transported to the St. Cloud Hospital without incident.
Laura Caviani Trio CD Release Concert Featuring
Gordy Johnson on Bass • Dave Schmalenberger on Drums
Sunday, dec. 8 • 4 p.m. Free-will offering • Reception to follow
Please visit www.lauracaviani.com for information on upcoming events, recordings and to say hello!
First United Methodist ChUrCh oF the st. CloUd region Open Hearts • Open Minds • Open dOOrs 1107 Pinecone Road S. • Sartell, MN 56377
1/2 mile north of Coborn’s Superstore, west side of Pinecone Road S.
(320) 251-0804 • www.fumcscr.org
Sartell area Youth BaSketBall aSSociation SAYBA Inhouse Basketball
Boys and Girls Grades K-4
Saturdays, Dec. 7 & 14 Jan. 4, 11 & 25 Feb. 1
Sartell Middle School
$40 online by Dec. 3 $50 at door on first day Find times for each grade level and online registration at www.saybabball.org
Nov. 16 6:04 p.m. Traffic stop. Second Street S. After checking a vehicle’s registration, it was found the driver had a suspended license. The driver stated she thought she fixed her license. She was issued a citation and released to a valid driver. 11:06 p.m. Traffic stop. First Street NE. After checking a vehicle’s registration, it was found the driver had a revoked license. The driver stated he was unaware of his driving status and was unable to provide proof of insurance. He was issued a citation for both violations. Nov. 17 12:41 p.m. Suspicious activity. CR 120. A report was made regarding two males who appeared to be attempting to hotwire a car in a parking lot. Officers arrived and spoke with a male who stated the vehicle belonged to his mother. Officers contacted the mother to verify the information. The male was warned not to drive the vehicle, as he had a suspended license. Nov. 18 10:21 p.m. Suspicious vehicle. 12th Avenue S. A report was made regarding a suspicious vehicle parked by an unoccupied house. An officer arrived and spoke with the registered owner who stated he was working on the home. 9:41 p.m. Domestic. First Street NE. A report was made regarding a male and female yelling and doors slamming. Officers arrived and spoke to both parties, who stated it was only verbal. The male left the residence to calm down.
Friday, Nov. 29, 2013
Four Sartell-St. Stephen teachers were honored for excellence at the 22nd annual “Leaders in Educational Excellence Awards Ceremony” Oct. 30 at the River’s Edge Convention Center in St. Cloud. The four teachers and awards presenters are (left to right) Nikki Perius, second-grade teacher at Oak Ridge Elementary School; Pat Cicharz, special-education teacher at Sartell Middle School; Bob Cavanna, executive director of Resource Training and Solutions; Angie Heckman, Sartell High School art teacher and yearbook advisor; Tim Schreiber, kindergarten teacher at Pine Meadow Elementary School; and Mike Spanier, interim superintendent for the Sartell-St. Stephen School District. Four Sartell-St. Stephen and then choose a legacy they teachers were honored for excel- would like to leave. “Life is a journey,” he said. lence Oct. 30 at the 22nd annual “Leaders in Educational Excel- “Make it count!” Dr. Brenda Cassellius, Minnelence Awards Ceremony.” Nearly 500 people attended the sota’s commissioner of education, banquet, which took place at the was invited to the banquet but was River’s Edge Convention Center unable to attend. She did send a in St. Cloud, where 151 teachers message, however, which read: “Congratulations to the educafrom throughout the state were honored with awards signed by tors who are being honored toGov. Mark Dayton. Since the night for your immeasurable conawards ceremony began 22 years tributions to our children. It is ago, 3,192 educators in the state always a pleasure to acknowledge the exceptional achievements of have been honored. The Sartell recipients were Pat Minnesota educators. Your sucCicharz, special-education teach- cess with students and staff at er at Sartell Middle School; Angie your schools and in your districts Heckman, Sartell High School is nothing short of inspiring. We art teacher and yearbook advi- need to celebrate and replicate sor; Nikki Perius, second-grade your hard work, which is why I teacher at Oak Ridge Elementary encourage you all to keep workSchool; and Tim Schreiber, kin- ing creatively with your students dergarten teacher at Pine Mead- and share your successes with ow Elementary School. They had your colleagues. Best wishes for been nominated by their peers in a well-earned celebration tonight and thank you for all the work you the schools. Teachers honored at the ban- do for the children of Minnesota.” The LEEA event was sponquet included teachers from public, private, parochial and charter sored by many school districts, schools from 41 school districts Blue Cross Blue Shield, the Horace Mann Agency and Resource and agencies. The keynote speaker was Bob Training and Solutions, based in Upgren, a leadership trainer from Sartell. The banquet was coordiBismarck, N.D. who created a nated by Sandra Cordie of Sartell, huge chalk drawing and delivered who is director of educational proa video message challenging the grams for Resource Training and audience to think about their lives Solutions.
Place of Hope holiday gift needs Place of Hope is in need of donations for the holiday season. Needs include gift cards; winter hats, coats and mittens; new gifts for children to give to their parents and siblings; backpacks;
personal-care items; sponsors for Adopt a Family for Hope; food for meals served on site; $10 gift cards for food, diapers and teen gifts. Contact Pastor Carol, Place of Hope, at 320-203-7881.
Published each Friday by Von Meyer Publishing Inc.
Newstands Country Store and Pharmacy Holiday on Riverside Drive Holiday on 7th Street N House of Pizza JM Speedstop
Little Dukes on Pinecone Sartell City Hall Sartell-St. Stephen School District Offices Walgreens
Publisher/Owner Janelle Von Pinnon
Contributing Writer Cori Hilsgen
Editor Dennis Dalman
Design/Layout Tara Wiese
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Friday, Nov. 29, 2013 contributed photo
This painting, entitled “Along the Shores of Galilee,” is just one example of the many art works created by Paul Oman during his “Drawn to the Word” events. He will paint during three sessions at Celebration Lutheran Church at 6:30 p.m. Dec. 4, 11 and 18. The free programs are open to all people.
from front page big (5-foot x 7-foot) blank artist’s canvas. Audience members are always astonished at how Oman, in no time at all, transforms his white
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touching lives and inspiring faith through the creative process of the visual arts. From a very early age, Oman was aware he had a knack for art. In grade school in Wisconsin, he won a prestigious prize and was given an award by the state’s governor. He now shares his art gift with others by teaching many workshops and visits to demonstrate his painting at schools, retreats, conventions and churches. He also offers an anti-bullying program for which he uses his art works.
canvas into the shapes and images of a story from the Bible. It’s the first time Oman will present “Drawn to the Word” at Celebration Lutheran Church. He is in demand at churches far and wide. The people at Celebration heard of his program through good wordof-mouth and decided to invite him. “My gift to others is to inspire life-changing emotion by sharing visual experiences through painting,” Oman said. “My hope is to bring the Bible story to life,
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Debate from front page
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residents. The debate question about chickens has been a sometimeshot topic in the news for years. Some cities, including New York City and some areas of the Twin Cities, now allow hobby chickens in some backyard urban areas. The issue has also been discussed in recent years at citycouncil meetings in the greater St. Cloud area. The following are brief paraphrased summaries of points made by each debating member:
Lindstrom: People have a right to keep chickens in their yards as a local food source and as a means of sustainability. Allowing chickens does not mean everyone is going to do it. In fact, very few will. It does not mean there will be roosters crowing, annoying people in the morning. It does not mean chickens will be running wild, causing havoc. The sky will not fall. Lots of cities, including major ones, allow it. There will be easy rules and laws covering the
right to have chickens in yards. Problems can easily be dealt with as part of a learning curve. Politicians and others are offering no choice in the matter. It’s time opponents quit resorting to fear-based arguments. Banaian: Liberty is always a good goal. However, allowing chickens to be raised in urban areas can erode both liberty and civility in neighborhoods and cause friction among people. Noise, smell and sanitation issues could surface as problems. Some neighbors will not like chickens next door, and studies have shown it can lead to lack of respect and fights among neighbors. It can also cause property values to decline, making it harder for affected neighbors to sell their homes. In addition, city councils can spend too much time and effort on chicken-in-yard issues, as has been shown in some cities, such as Fergus Falls. The best solution is to support local farmers’ markets for healthy, quality food items, including eggs and chicken meat. Lavigne: Many of her students and other younger people have become estranged from their food sources to the point
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Cocoa • Cookies • Crafts! In lieu of admission, please bring a new, unwrapped toy to donate to the Giving Tree.
Friday, Nov. 29, 2013 where some have never seen a live chicken on a farm or in a market. Having chickens in an urban environment is one good way to put people in touch with food sources as a means of education and as a way to promote health. The popularity of farmers’ markets shows people are becoming increasingly aware of where their food comes from and want a closer personal contact with it. A benefit of urban chickens would be good, healthy, fresh eggs. Chickens roosting tend to be very quiet, not noisy as some claim. Leaf blowers can be much more annoying. Chickens also eat scraps, ticks and insects. Schreifels: As health director for St. Cloud, she is familiar with animal complaints of every description. Chickens in cities where they are allowed in yards do occasionally get loose or are abandoned, requiring in many cases someone to chase down the chickens. The birds can cause problems, including noise and smell. They can lower property values. Enforcing rules would require time from city officials, as well as expenses through the taxpayers. There are many ways to “connect” with food sources, including via farmers’ markets. The taxpayers should not subsidize having to deal with problems caused by chicken hobbyists.
Lindstrom: Property values of homes would not go down. The “abandoned chicken” argument is overstated. Banaian: As is sometimes said, “The right to your fist ends at my face.” Chickens can become a nuisance in urban areas. By having them, one abridges the rights of one’s neighbors. A chicken co-op outside of neighborhood areas is the way to go. Schreifels: Raising chickens is not the most efficient protein source for food. By all means, people should be in contact with their food sources through involvement with nature – gardens, farms and fishing. Chickens in backyards is not a good
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Friday, Nov. 29, 2013 photo by Dennis Dalman
The debate participants included (front row) Jean Lavigne and Matt Lindstrom, who argued in favor of allowing chickens in neighborhoods; and (back row, left to right) Lisa Schreifels and King Banaian, who opposed allowing chickens in yards. At right is Patty Candela, one of the founders of the Sartell debate series. way to do it when considering the problems they could bring. Lavigne: It’s good to interact with the animals near us. Chickens are not pets or wild animals. They are part of human history for thousands of years. Lindstrom: There are many cities where raising chickens in backyards has gone just fine. Many cities, such as Maple Grove, report no problems at all. Many other cities report one or two problems in a year’s time. Studies of those cities show they spend a minimal amount of time enforcing rules. Schreifels: Surveys were done on the topic. Bloomington, for example, reported legal battles about the chickenin-yard issue. Sartell has no animal-control officer, and the police have to handle animal complaints. Chickens could attract other unwanted animals into yards. A chicken-in-yard ordinance would soon get complex.
Dogs can be nuisances too, far more than chickens would likely be. Chickens can be noisy, in-
deed. Will there be enough veterinarians in the area to deal with any problems? Don’t we have zoning codes against this?
Banaian: Chickens in yards will violate neighbors’ rights and lead to incivility. Chickens in yards were OK in the old days. In a modern urban environment, they are not OK. There are perfectly good alternatives, such as co-op chicken farms. Lindstrom: Opponents should avoid their fear tactics. This is about choice – wellregulated choice. The success of chickens in yards has been proven in other cities. It’s time central Minnesota joins them. Schreifels: People need not be disconnected from animals in an urban environment. We do have zoning laws for a good reason. Some chicken owners do, in fact, let them go when they lose interest in them. Then,
they often get hit by cars. No one needs additional regulations right now, more regulations that will require money and time to enforce. Lavigne: There is no compelling evidence as to why chickens are a problem. The number of chickens in any given yard could be limited. They wouldn’t reproduce as many cats and dogs do. Chickens are easy to contain in a coop. They are not a nuisance and they are not threatening. The benefits far outweigh any possible drawbacks.
Based on the pennies placed in the trays after the debate, the results showed the opposition won the debate – that chickens should not be allowed in urban yards. That is, compared to the pennies added to the trays before the debate, at the end of the debate seven people changed their minds from pro to con, whereas only three changed their minds from con to pro.
Sartell quilters donate quilts to Third World
by Dennis Dalman firstname.lastname@example.org
Though it might be hard for most Americans to realize, a good quilt is so prized by impoverished people in Third World countries it literally becomes a coveted life-and-death object. A quilt is often used for the birth of a child, and that same quilt – years later – can be used
as a “shroud” in which to wrap someone who is deceased. That’s why the Celebration Lutheran Quilters Group in Sartell is so happy to give away the quilts they make. They know how each one is so valued and so needed by grateful recipients far and wide. This coming week, the quilters will bring 75 of their homemade quilts to Lutheran World Relief,
based in St. Paul. From there, they will be shipped to people in the poorest of countries. Besides birth and death, recipients use the quilts to help keep children warm, to keep items in or even to keep sand from blowing into faces during a raging sandstorm. Last weekend, the quilters draped the 75 quilts across the backs of the pews at CelebraQuilters • page 7
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First debate in Sartell was resounding success
It’s to be hoped the interesting debate that took place in Sartell City Hall Nov. 20 will not prove to be an anomaly. (See related story in today’s paper.) The debate was the first of what organizers hope will be an entire series of ongoing debates every other month or so well into the future. The debate was not a city-sponsored idea. It was organized by a group of residents, some of the them involved as professors at the College of St. Benedict/St. John’s University. The topic of that debate sounds facetious, at first: “Be it resolved that chickens should be allowed to roost in residential areas?” But, in fact, the debate was very interesting and touched upon many of the ongoing questions and conflicts in modern urban societies, such as: At what point does your freedom impinge upon someone else’s? How can we best define what constitutes a neighborhood nuisance? Should any rural or agricultural-animal land uses be allowed in urban neighborhoods? How can people, so removed from their food sources, establish familiar contacts with what they eat? There were two people debating in favor of allowing chickens in urban areas, and two arguing against it. The debate was expertly moderated by Patty Candela of Sartell. About 70 people attended the debate, a very good turnout considering it was the first event of its kind. Besides the issues thoughtfully discussed, there were moments of humor, too. Both sides of the debate made their points articulately, persuasively and passionately. It was so refreshing to witness a good, lively, civil debate – so unlike the mudslinging, nasty verbal bouts indulged in by too many of today’s brand of politicians. The audience, too, was civil and keenly attentive to the points made by each side. Watching that debate was actually revelatory because it was an amazing reminder of the “lost art” of rational, civil debate. It’s something sorely lacking in our society these days – days of hype, of shouting, of meaningless noise and commotion. Even presidential debates can deteriorate into attack-mode exercises with both sides playing loose with the “facts.” The audience at Sartell City Hall clearly enjoyed that hour-long debate. Their pleasure was proof-positive of the hunger many have for such civil and enlightened discourse. Their enthusiasm is a good omen that similar, excellent debates will continue in Sartell. Kudos to those who organized this series. We encourage others to attend future debates. The topics and dates will be announced, as they become known, in the Sartell Newsleader.
Fairness and ethics
Newsleader staff members have the responsibility to report news fairly and accurately and are accountable to the public. Readers who feel we’ve fallen short of these standards are urged to call the Newsleader office at 363-7741. If matters cannot be resolved locally, readers are encouraged to take complaints to the Minnesota News Council, an independent agency designed to improve relationships between the public and the media and resolve conflicts. The council office may be reached at 612-341-9357.
Friday, Nov. 29, 2013
Opinion Hillbillies descend from hills everywhere The other day, while channel-surfing, I glimpsed a scene from that old series, “The Beverly Hillbillies.” I watched it for a few moments. It reminded me vividly of how, once upon a time, everyone in our neighborhood would tune into that show every week, without fail, and laugh our fool heads off. That was then; this is now. Time has not been kind to that series, so brimming with its corn-pone humor. Still, the scene I watched did amuse me a bit because it reminded me of real “hillbillies” I have known in my life. Like the family from the wilds of Arkansas who moved into an apartment next to mine in the 1970s. They loved to eat jalapeno peppers, raw. They told me they were surprised at the lack of outdoor toilets in Minnesota. And one of the sons burst over to my apartment one day to ask me if I knew Paul McCartney used to be in a band called The Beatles. “No!” I said. “You gotta be kidding.” “No kidding!” he said. “It said so just now, right on the radio.” They grew up in rural Arkansas, without any conveniences. They were fun neighbors, and I still miss them. When I was in grade school, Dad would often take our family on Sunday trips to some godforsaken place in the boondocks of central Minnesota. One of his good friends, a fellow musician, lived there in an underground “basement house,” as they were called. He and his nearly toothless wife had a swarm of kids (13 of them!) who would swirl around our Studebaker like happy savages when we pulled up to their weedy lot. The littlest kids, drooling and grinning, waddled
Dennis Dalman Editor around diaperless. Piles of garbage were stacked by the tar-paper top of their “buried house.” My brothers and I had a lot of fun playing outdoor games with those kids, but we had to hide our chuckles about their hillbilly ways. Queen Elizabeth II of England is – or at least was – a big fan of “The Beverly Hillbillies” show. I heard that when I was studying in London 33 years ago. I used to imagine her watching that show and laughing at her crude American “cousins,” that nation of colonial upstart hillbillies who made the mistake of overthrowing the British king. But I would always laugh with vengeance when I’d think of all the English “hillbillies” I’d see in the streets of London, the rabble mixed in among dapper gents with pinstriped suits, bowler hats and umbrellas. I even met English-style hillbillies in a concert hall. One evening I attended a performance of Richard Strauss’ “An Alpine Symphony” at Royal Festival Hall. As the orchestra tuned up, there was a commotion to my right. A bumpkin family – an older couple and their Li’l Abner sons – were scuffling, bickering over where they were going to sit. The parents looked, for all the world, like Ma and Pa Kettle blown in from the Ozarks. The two “growed-up” sons looked like giant hulks
of dim creation who fisticuffed each other and laughed like braying mules. The symphony began; heads in the audience turned, perturbed by the noise. I surmised the family was down from north England to take in a little culture in the big city. They sat down next to me, the Pa to my right. “This is gonna be a loud one,” he said to me. “They got one of them wind machines down there.” During the performance, Pa played with his fingers and slurped noisily on peppermints. He chattered to his wife, who riffled through the program. One of the strapping sons began waving his arms, furiously “conducting” as he aped the orchestra conductor. His twin mountain of insensibility just sat there, his jaw agape in a kind of thunderous stupor, as if struck by lightning. Faces in the rows ahead kept turning around, hissing like snakes. “Ssssh!” I whispered to the family. The wife, her budget feathers ruffled, gave me a dirty look and stuck her beak in the air. When the symphony came to an end, Pa turned to me and said, “That sure was noisy!” I felt like saying, “Yes, you sure were.” As they left the lobby, the sons were punching each other and guffawing about the “dull” music. Every time I hear the word “hillbillies,” I see that family as vividly as yesterday. They are an example of hillbillies as a universal phenomenon, not restricted to the American South but descended from remote hills everywhere.
From the Bench:
Are all drunk-driving convictions now invalid? “Judge, is it true that all drunk driving convictions are now invalid?” I was recently asked that question, which was prompted by a recent decision of the U.S. Supreme Court that got media attention. In State of Missouri v. McNeely, the Supreme Court decided last April the Fourth Amendment to the U.S. Constitution requires, in the absence of “exigent circumstances,” a search warrant be obtained to authorize the drawing of a blood sample from an impaired driving suspect who has refused to take such a test. The sample is usually drawn as possible evidence of blood-alcohol content in a DWI prosecution. This actually is not a new legal development. In Schmerber v. California, decided in 1966, the U.S. Supreme Court upheld a warrantless blood test of an individual arrested for driving under the influence of alcohol because of a reasonable belief by the law-enforcement officer that any delay to get a search warrant would have resulted in the loss or destruction of evidence. The Schmerber case created an “exigent circumstance,” an emergency exemption to the Fourth Amendment requirement that law enforcement authorities obtain a search warrant in the face of someone refusing to allow the search. This exception to the Fourth Amendment got expanded throughout the years to the point where some states were claiming no search warrant was necessary for law enforcement to obtain a blood-alcohol test from a DWI suspect.
From the Bench
Frank Kundrat District Court Judge In fact, the State of Missouri argued in the McNeely case that since alcohol dissipates quickly in the blood system, there is too little time for a law-enforcement officer to get a search warrant to collect a BAC sample from a DWI suspect, and all blood BAC tests should be exempted from the search-warrant process. The U.S. Supreme Court found the lack of time or some other emergency might excuse the need in some situations to get a search warrant, but not all. In McNeely, the record showed the police had ample time to call a judge to get a search warrant prior to the end of a two-hour test window for DWI charges. However, the police did not take any steps to get a search warrant after the driver refused the blood test. The Supreme Court ultimately decided in McNeely that since the police had enough time in that specific instance to obtain a search warrant from a judge, the warrantless BAC test was illegally obtained in violation of the Fourth Amendment. That made the test results inadmissible as evidence in the subsequent prosecution of the driver for a DWI violation. The U.S. Supreme Court recently sent a Minnesota case back to the state courts
for reconsideration in light of the McNeely decision. Minnesota makes it a crime for a driver to refuse to submit to a chemical test for blood-alcohol content. The U.S. Supreme Court has given a strong signal that such a law may be unconstitutional in that it puts undue duress on a person in forcing that person to give up a constitutionally protected right (a search warrant) under the threat of being charged with a crime. The issue thus arises as to whether warrantless blood, breath or urine BAC tests taken from defendant-drivers were legally obtained. This is important to the admissibility of the BAC test results as evidence in a DWI prosecution. The Minnesota Supreme Court scheduled oral arguments in mid-September for the case in question, State v. Brooks. As a result, many hundreds of DWI cases are backing up on our busy state court calendars, awaiting the outcome of the Minnesota Supreme Court’s decision in Brooks. At last count, I had 45 such cases on my docket. While constitutional issues and potential changes may be swirling around the DWI laws of Minnesota, one principle of law remains very clear: it’s still illegal to be driving under the influence of alcohol, drugs or other substances in Minnesota. That will not change. Frank Kundrat is a District Court Judge chambered in St. Cloud. He welcomes your comments as directed to the editor of this newspaper.
Friday, Nov. 29, 2013
Friday, Nov. 29 Blood drive, 8 a.m.-2 p.m., American Red Cross, 1301 W. St.. Germain St., St. Cloud. 1-800-7332767. (Complimentary T-shirt for presenting donors, while supplies last.)
Saturday, Nov. 30 “Christmas with the Lindberghs: 1918,” 10 a.m.-4 p.m., costumed characters portray family members and hired workers readying the house for Christmas, Charles A. Lindbergh Historic Site, 1620 Lindbergh Drive, Little Falls. 320-616-5421 Monday, Dec. 2 Sartell Lions Club, 7 p.m., upstairs of Blue Line Sports Bar andGrill, 1101 2nd St. S., Sartell. 248-3240. Tuesday, Dec. 3 Blood drive, 10 a.m.-4 p.m., American Red Cross, 1301 W. St.. Germain St., St. Cloud. 1-800-7332767. Forever Fit, a senior fitness class, 1:30 p.m., exercise for older adults adaptable for all fitness levels. Church of St. Joseph Parish Center, St. Joseph. 320-363-4588. Blood drive, 1-7 p.m., Atonement Lutheran Church, 1144 29th Ave. N., St. Cloud. 1-800-733-
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2767. Blood drive, 1-7 p.m., St. Anthony’s Catholic Church, 2405 1st St. N., St. Cloud. 1-800-733-2767.
Wednesday, Dec. 4 “The Creation of NGATHA International,” Women on Wednesday series, noon-1 p.m., the National Global Association for Thrift and Humanitarian Aid was established by SCSU professor Mumbi Mwangi to reduce the suffering of orphans in Kenya due to the AIDS epidemic.Atwood Memorial Center Theater, St. Cloud State University. Harpist Andrea Stern concert, 2-3:30 p.m., Al Ringsmuth Public Library, 253 5th Ave. N., Waite Park, 320-253-9359. St. Stephen City Council, 7 p.m., City Hall. 251-0964. Thursday, Dec. 5 Coffee and Conversation, a senior discussion group, 9 a.m., Country Manor, Sartell. Senior Fitness Class, noon, exercise for older adults adaptable for all fitness levels. Church of St. Joseph Parish Center, St. Joseph. 320-363-4588. Blood drive, noon-6 p.m., American Red Cross, 1301 W. St.. Germain St., St. Cloud. 1-800-7332767. Festival of Lights, 6-8 p.m.,
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holiday carols, Santa and Mrs. Claus, reindeer. Front of the St. Cloud Hospital, 1406 6th Ave. N., St. Cloud. Great River Regional Coin Club, 6:30-8:30 p.m., Miller Auto Marine Sports Plaza, 2930 2nd St. S., St. Cloud. Friday, Dec. 6 Blood drive, 8 a.m.-2 p.m., American Red Cross, 1301 W. St.. Germain St., St. Cloud. 1-800-7332767. “The Aging Brain,” 9:30-11 a.m., information related to normal aging versus not normal aging, discussion includes depression and dementia. Church of St. Joseph, Heritage Hall, 12 W. Minnesota St., St. Joseph. Post-Polio Support and Education Group, 10:30 a.m.-noon, lunch and evalutation of the year, Ace Bar & Grill, 423 St. Germain St. E., St. Cloud. “Encounters in the Republic of Heaven…all the colours of speech…,” eight-channel surround sound opera in four acts, noon, free and open to the public, room 158, Performing Arts Center, St. Cloud State University, 320-308-3291. St. Joseph Farmers’ Market, 3-6 p.m., Resurrection Lutheran Church, 610 CR 2 N., St. Joseph.
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Quilters from page 5 tion Lutheran Church in Sartell, creating a blaze of brilliant patchwork colors throughout the church. Every year, the congregation enjoys seeing the riot of cheerful colors when they enter the church for services. All of the quilts are a bit smaller than standard twin size, said Jan Farley, one of the 10 quilting ladies in the group. The women do their quilting throughout the year at Celebration, of which all are members. For eight years, they’ve been making the quilts – 75 to 100 of them each year – and all are donated through Lutheran World Relief. All of the quilts are patchwork quilts, with inside linings.
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The materials for the quilts are all donated by individuals from scraps or bolts of cloth they find in their homes or in the basements, attics or storerooms of relatives when those relatives pass on or enter nursing homes. In some cases, huge quantities of material or yarn are donated simply because the donors have no room to store them or because they have abandoned their sewing or quilting hobbies. Generally, the quilters do not use patterns for the quilts, but for each one they try to coordinate colors in combinations of attractive colors and patterns, based on the materials they have on hand. In 1990, Farley and a friend of hers took a Sartell-St. Stephen Community Education class on quilting. They both enjoyed it so much they made a quilt together and then kept quilting from then Quilters • page 8
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Family Owned and Operated Hearing Center
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320-258-4494 or 1-888-407-4327 161 19th St. S. • Ste. 111 • Sartell www.accuratehearingservices.com
Allie is a beautiful red-and-white spayed Lab and Boxer mix. She is 2-years-old, housetrained and knows basic commands. She’s done well playing and interacting with older children, but can be a little too rambunctious for smaller kids. Allie seems to be selective in which dogs she likes, usually preferring large dogs more than little ones. Need a walking partner or a Frisbee pal? Allie is very enthusiastic about going on her walks as well as playing Frisbee. If an affectionate, loving and energetic dog fits your lifestyle, take a look at Allie. “Helping one animal won’t change the world … but it will change the world for that one animal!” Dogs - 15 Guinea Pig - 1 Fancy Mouse - 1
Cats - 31 Kittens - 42
Rabbits - 8 Gerbils - 6
Tri-County Humane Society 735 8th St. NE • PO Box 701 St. Cloud, MN 56302
Hours: Monday-Thursday Noon-6 p.m., Friday Noon-8 p.m., Saturday 11 a.m.-5 p.m. & Sunday Noon-5 p.m.
Sartell Newsleader • www.thenewsleaders.com
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Friday, Nov. 29, 2013 photo by Dennis Dalman
Rosemary Winch (left) and Jan Farley check out a quilt made by their group, the Celebration Lutheran Quilters Group. The 75 quilts they’ve made during the past year will all be donated through World Lutheran Relief to needy people in Third World countries. As this photo shows, all of the quilts are traditionally shown once a year draped over the pews at Celebration Lutheran Church in Sartell.
Quilters from page 7 on. Farley’s daughter, Jolaine Schreifels of Kimball, is also an excellent quilter and even owns a long-arm quilting machine. Farley generally cuts out all of the square patches for the quilting group. The Celebration Quilters Group is always seeking more materials. Those who want to donate can bring them to the church or make a check donation at the church. The other members of the quilting group, besides Farley, are Judy Fiene, Lori Flom, Elaine Hagen, Jackie Lundstrom, Linda Orman, Vonnie Ottem, Diane Weber-Grand, Rosemary Winch and Carol Ann Zika.