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DH-1104

DH-1104

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Published by: The Delphos Herald on Nov 04, 2011
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BY MIKE FORDmford@delphosherald.com
Before going to the pollsTuesday, voters may findinteresting how minimal theprocess behind ballot initia-tives like Issue 2 and Issue 3is and how easy it is to alterthe Ohio Constitution. In thecase of Issue 1, the legislaturewants to amend the documentbut the law always requiresvoter approval for it to beamended. Therefore, the gen-eral assembly must place iton the ballot.However, when a spe-cial interest group, politicalaction committee or for-profit casino operator wantsto change the constitution,it must go through a pro-cess overseen by two stateoffices. The person or groupwho wants to amend the con-stitution must gather signa-tures totalling 10 percent of those who voted for governorin the most recent election.The matter later goes to theOhio Ballot Board, which ispart of the secretary of state’soffice. According to its rep-resentative, Matt McLellan,Secretary of State Jon Hustedcan only accept the proposedconstitutional amendment. Itslanguage is never subjectedto any legal scrutiny, nor isthe language even required tobe written by a lawyer.“The ballot boardapproves the ballot languageand accepts the arguments forand against the issue but theonly thing the ballot boardcan do under the way thelaw is set up, is accept thelanguage. The ballot boardcannot review the languageor make changes to the argu-ments,” McLellan said.If a proposed amendmentshould set the state up fora constitutional crisis, thereis little that can be done toprevent it. Dan Tierney of Ohio Attorney General MikeDeWine’s office explainswhy:“We certify that the mea-sure is ‘true and faithful’ butas to whether it undergoesany legal scrutiny of anykind, when we certify a sum-mery as ‘true and faithful’ orreject it as ‘true and faithful,’the attorney general does notcomment on the advisabilityof the measure as to whetherhe would advise it be passedor not,” he said. “Legal scru-tiny is a legal opinion andour office does do that insituations but as to legal scru-tiny beyond it being ‘true andfaithful,’ the attorney generalhas certain statutory duties heis fulfilling when we undergothis review and he is limitedto those specific statutoryduties.”The Ohio Constitutionbeing vulnerable to shenani-gans traces back to the statesupreme court, according toTierney.
BY NANCY SPENCERnspencer@delphosherald.com
DELPHOS — Delphosvoters will focus on the city’s4.05-mill 5-year property taxrenewal levy on Tuesday’sGeneral Electionballot.If a property isvalued at $75,000,the tax is about$98 per year. Itmeans a lot to thecity and its abilityto provide essen-tial services, suchas police, fire andemergency medicalservices.“This is a 4.05-mill, 5-yearrenewal that will generate$208,000 per year, accord-ing to the county auditor’sestimate,” City Auditor TomJettinghoff said.Safety Service DirectorGreg Berquist stresses therewill be no additional tax withthe local measure.“This is not a new levy; thisis a renewal and no one willsee anything different in termsof their taxes. It supplementsthe General Fund, which paysfor police, fire and parks butmostly police and fire. Policebeing the largest budget takenout of the General Fund,”Berquist said.Mayor Michael Gallmeieris unopposed for re-election Tuesday.Gallmeier hasserved as mayorsince 2008. Hepreviously held acouncilman-at-large position.He serves on theboard of the LimaAllen Council onCommunity Affairs(LACCA). He is amember of the Kiwanis Cluband is the project chairmanfor Community Unity’s FreeFood On Us. He is retiredfrom United Parcel Service.Kim Riddell is unopposedfor city council president.Riddell, 38, is the formerwastewater superintendentand has more than 14 yearsexperience in wastewatertreatment and is well-versed
F
riday
, N
ovember
4, 2011
D
ELPHOS
H
ERALD
T
he
50¢ dailyDelphos, Ohio
Telling The Tri-County’s Story Since 1869
State blocked from changing HIV/ AIDS funding, p3 Elida football playoff preview, p6
UpfrontSports
Forecast
Obituaries 2State/Local 3Politics 4Community 5Sports 6-7Church 8Classifieds 10TV 11World News 12
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Mostly sunnySaturday;high in themid 50s. Seepage 2.
www.delphosherald.com
Poker tourney
set to beneft
scholarship fund
A Texas Hold ‘EmTournament is set forSaturday at the Walterick-Hemme Veterans of ForeignWars Post 3035 in Delphoswith all proceeds benefit-ing the Rene SchimmollerScholarship Fund.Registration is at 11 a.m.with the buy-in at $40.A silent auction and 50/50drawing long with all-you-can-eat hot dogs and chiliis just $5 will be offered.For information, con-tact Joyce Schimmoller
Relay teamcaptain meeting
Relay For Life of Delphos has scheduled thefirst team captain meetingat 6:30 p.m. on Tuesday atSt. Peter Lutheran Churchat 422 N. Pierce St.The committee willmeet immediately afterthe team captain meet-ing from 7:30-8:30 p.m.All team captains areurged to attend to pickup registration informa-tion for the 2012 RelayFor Life Event.
Delphos votersto focus on citylevy, electricaggregation
Nancy Spencer photo
Members of the Delphos Police Department, Allen County Sheriff’s Office and theOhio State Highway Patrol work the accident scene on North Main Street Thursdayevening.
Man killed crossing street
Staff reports
DELPHOS — An84-year-old Delphos mandied as the result of injuriesfrom a vehicle-pedestrianaccident reported at 7 p.m.Thursday in the 400 blockof North Main Street.Delphos Police reportsindicate Dale Miller, 84, of Delphos was crossing MainStreet at the same time avehicle driven by LindaBailey, 60, of Delphos wastraveling northbound onNorth Main Street. Reportsindicate that neither Millernor Bailey may have seeneach other resulting inMiller being struck by theBailey vehicle.Miller was transportedto St. Rita’s Medical Centerby Delphos EMS, where hewas pronounced dead as aresult of the injuries he sus-tained in the accident.The Allen CountyCoroner reviewed theincident and released theremains of Miller to Harterand Schier Funeral Home.Delphos Police and Fireand Rescue were assistedby the Ohio State HighwayPatrol and Van Wert CountySheriff’s Department.The accident is underinvestigation by the DelphosPolice Department.No alcohol or drugs aresuspected in the accident.No further informationwas available at press time.
RiddellSee VOTERS, page 2
BBB probing bank, school scams
The Better BusinessBureau office in Lima hasreceived reports that personsusing online banking servicesare being subjected to “pop-ups” while on some bankweb sites asking for personaland financialinformation.The “pop-up”appears to bea form sentby the bank,including thebank’s logo,asking forsuch things asa social secu-rity number,bank accountnumber, cred-it card number, etc.Banks and other finan-cial institutions do not solicitinformation in this mannerand any such “pop-up” shouldbe closed and the bank shouldbe notified.Another scam being per-petrated in the area concernsparents of high school stu-dents who may be preparingto take the ACT or SATcollege entrance exams.This one comes in the formof a telephone call wherethe caller claims, due to anew require-ment, thestudent mustpurchase akit contain-ing CDs orDVDs, whichsupposedlyprepares thestudent forthe tests.Schoolsin the areareport nosuch purchase requirement of any such product and havebegun the process of notify-ing parents and students inthe region.If anyone has been solic-ited in this manner, the BBBwould like to hear from themat 419-223-7010.
Ohio GOP blocked from new congressional map vote
By JULIE CARR SMYTHThe Associated Press
COLUMBUS — OhioRepublicans failed in aneffort Thursday to bring asecond congressional map upfor a vote as they soughtto defuse Democratic oppo-sition to the state’s newlyadopted map, with shoutingerupting on the Ohio Housefloor over who fairly shouldrepresent the battlegroundstate in Washington.Earlier in the day, GOPHouse Speaker WilliamBatchelder released a revisedplan for the state’s U.S.House districts, saying it wasfairer to Democrats and hehoped it will garner supportfrom Democratic legislators.Batchelder said his goalwas to give Democrats achance to support a con-gressional map with cleanerlines, more compact districtsand better representation forblacks. His proposal alsoreinstated a single 2012 pri-mary, something that wouldbenefit both parties and saveabout $15 million.Both maps create 16 dis-tricts, 12 favoring Republicansand 4 favoring Democrats.The state is losing two con-gressional seats due to slowpopulation growth.Democrats tookBatchelder’s maneuver asan affront, saying they’dpresented him with a mapWednesday night and herejected it. House DemocraticLeader Armond Budish saidthe proposal was for sixRepublican districts, fourDemocratic districts, and sixRepublican-leaning districtsthat were split along partylines enough to be competi-tive.“By creating all safe dis-tricts, you take the vote awayfrom the people,” he said.State Rep. Robert Haganpredicted that enoughDemocrats would sticktogether to oppose a voteon the revised map, failingto give Republicans the 66votes needed to waive Houserules and bring their plan upfor an immediate vote. Thevote on suspending the ruleswas 58-34.Hagan called the specialsession “a useless exercise.”Budish rose during floordebate to criticize the map,calling it an egregious case of gerrymandering, RepublicanRep. Lynn Wachtmann shout-ed from his chair. “These liesshouldn’t be allowed on thefloor, Mr. Speaker!”About a dozen Republicanlawmakers rose from theirchairs and walked off thefloor.“They’re trying to pass abill. They’re embarrassed bythe fact that they’re havingtwo primaries and putting atremendous amount of weighton the counties at the sametime they’re cutting localgovernment,” Hagan said.Among key changes, thenew map unifies seven coun-ties that were previouslysplit, reduces splits in twocounties from three to twoand splits one county thatwas previously whole. It alsoincreases the black voting-age populations of urban dis-tricts in Dayton, Columbus,Cincinnati and Toledo.Batchelder said hedidn’t have time to studythe Democrats’ revisedmap Wednesday night andcouldn’t call off the Thursdayvote. He said he had calledone representative back fromVirginia and kept anotherfrom going duck hunting.Several representativeswere in the building but failedto come to the floor, he said.Later Thursday, Haganissued a statement askingthe GOP to donate $7,992.81to the Second Harvest FoodBanks in Youngstown — justdeclared the most impover-ished city in America. Thatwas the cost of the mileagefor the wasted session, hesaid.Batchelder said he’ll sendthe bill to the powerful HouseRules Committee, with hear-ing likely starting Monday. Aformer judge, he said he stillholds out hope for a compro-mise.Democrats launched a peti-tion drive Tuesday aimed at a2012 repeal of the bill passedin September that establishedthe initial map. They haveclaimed it’s gerrymanderedto favor the GOP.Democratic ChairmanChris Redfern said he’s deter-mined to see Ohio voters geta chance to repeal the exist-ing map and hopefully senda message they want districtsto be more evenly split.“I fully expect Republicansto try to undermine my refer-endum effort with passingmore new maps and otherlegislative gimmicks,” hesaid. “This vote today wassupposed to be a Tonya
See MAP, page 2See WHY, page 2
“They’re (GOP)trying to passa bill. They’reembarrassedby the fact thatthey’re havingtwo primariesand putting a tre-mendous amountof weight on thecounties at thesame time they’recutting localgovernment.”
State Rep. Robert Hagan
Why ballot issues can fool with constitution
Trip planned toVerl, Germany
The City of Delphos hasbeen involved in a “sistercity” relationship with theCity of Verl, Germany, sincethe 1990s and many of thecultural exchange studentshosted by local familiescome from this area.A two-week tour of Verl, Germany, and manyother cities is being plannedfor July 12-26, 2012.Anyone interested in joining the group shouldcontact Rick Hanser atfriendshiplink@wcoil.com or 419-695-1876.The estimated cost of the trip is $3,500 per per-son, which includes airfare,lodging and some meals.Three days will be spentin Delphos’ sisters city, Verl,with local host families.Other places visited include,Cologne Cathedral, Berlin,Dresden, Munich, Bamberg,Dachau, Neuschwanstein cas-tle and Freiburg im Briesgau.
Today’s OHSAA Playoff Football Games (AreaTeams) - 7:30 p.m.:DIVISION IIIRegion 10:
Elida(7-3) at Bellevue (7-3).
DIVISION VRegion 18:
Liberty-Benton (9-1) at LimaCentral Catholic (10-0);
Region 20:
Versailles (8-2)at West Liberty-Salem(8-2); Coldwater (7-3)at Covington (10-0).
DIVISION II
Region 8: Wapakoneta(9-1) at Franklin (9-1).
 
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EVER MISS AHEARTWORM DOSE?
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Students can pick up theirawards in their school offices.St. John’s Scholar of theDay is MayaGerker.CongratulationsMaya!Jefferson’s Scholar of theDay is LindsayDeuel.CongratulationsLindsay!
Scholars of the Day
2 The Herald Friday, November 4, 2011
For The Record
www.delphosherald.com
O
BITUARIES
B
IRTH
L
OTTERY
L
OCAL PRICES
W
EATHER
The DelphosHerald
Vol. 142 No. 114
Nancy Spencer, editorRay Geary, general managerDelphos Herald, Inc.Don Hemple,advertising manager
Tiffany Brantley
,circulation managerThe Daily Herald (USPS 15258000) is published daily exceptSundays and Holidays.By carrier in Delphos andarea towns, or by rural motorroute where available $2.09 perweek. By mail in Allen, VanWert, or Putnam County, $105per year. Outside these counties$119 per year.Entered in the post officein Delphos, Ohio 45833 asPeriodicals, postage paid atDelphos, Ohio.No mail subscriptions will beaccepted in towns or villageswhere The Daily Herald papercarriers or motor routes providedaily home delivery for $2.09per week.405 North Main St.TELEPHONE 695-0015Office Hours8 a.m.-5 p.m. Mon.-Fri.POSTMASTER:Send address changesto THE DAILY HERALD,405 N. Main St.Delphos, Ohio 45833
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Corn: $6.54Wheat: $5.96Beans: $12.00A girl, Allison Marie, wasborn Nov. 2 at Fulton CountyHospital, Wauseon, to Davidand Rachel Geckle.She weighed 6 pounds, 6ounces and was 19 1/2 incheslong.Grandparents are Fred andAlice Allen of Wauseon andJim and Pat Geckle of FortJennings.CLEVELAND (AP) —These Ohio lotteries weredrawn Thursday:
Mega Millions
Estimated jackpot: $78million
Pick 3 Evening
8-1-0
Pick 4 Evening
1-4-0-8
Powerball
Estimated jackpot: $20million
Rolling Cash 5
02-06-18-31-34Estimated jackpot:$120,000
Ten OH Evening
14-15-16-18-22-26-30-32-33-41-48-52-54-60-62-63-66-68-74-78
WEATHER FORECASTTri-countyThe Associated PressTONIGHT
: Clear. Lowsaround 30. East winds 5 to10 mph.
SATURDAY
: Mostlysunny. Highs in the mid 50s.Southeast winds 5 to 15 mph.
SATURDAY NIGHT
:Mostly clear. Lows in themid 30s. South winds 10 to15 mph.
SUNDAY
: Mostly sunny.Highs in the lower 60s. Southwinds 10 to 15 mph withgusts up to 25 mph.
SUNDAY NIGHT
:Mostly clear in the eveningthen becoming partly cloudy.Lows in the mid 40s.
MONDAY
: Mostly cloudywith a 20 percent chance of showers. Highs In the upper50s.
MONDAY NIGHT
:Mostly cloudy with a 20 per-cent chance of rain. Lows Inthe upper 40s.
TUESDAY
: Partly cloudy.Highs in the mid 60s.High temperature Thursdayin Delphos was 59 degrees,low was 46. Rainfall wasrecorded at .11 inch. High ayear ago today was 47, lowwas 31. Record high for todayis 79, set in 2003. Record lowis 15, set in 1951.
Jan. 26, 1922-Nov. 3, 2011
Betty Jean Sever, 89,of Delphos, died at 6 a.m.Thursday at VancrestHealthcare Center.She was born Jan. 26,1922, in Allen County toTheodore and Hannah (Miller)Reynolds.She was married to Vincent‘Bud’ Frederick Sever, whoproceeded in death.Survivors include sisterBessie Vogt of Delphos; andseveral nieces and nephews.She was also preceded indeath by her son, WilliamJoseph Sever; sister, OpalReynolds; and brothers,Orville, Russell, Thomas,Roger and Richard Reynolds.Mrs. Sever was a home-maker who worked for Dr.Illig for many years and alsofarmed. She was a person whoenjoyed helping others, bak-ing, cooking and farming. Shewas a member of St. John theEvangelist Catholic Churchand the Catholic Ladies of Columbia.Mass of Christian Burialwill begin at 10:30 a.m.Monday at St. John theEvangelist Catholic Church,the Rev. Melvin Verhoff offi-ciating. Burial will follow inResurrection Cemetery.Friends may call from 2-8p.m. Sunday at Harter andSchier Funeral Home, wherea parish wake starts at 7:30p.m.Memorials are to St.John’s Schools or St. John theEvangelist Catholic Church.
Delphos weather
Betty Jean Sever
(Continued from page 1)
“There was a 1977 OhioSupreme Court case titled‘Williams v. Brown,’ wherea citizen sued the secretaryof state requesting a mea-sure be taken off the ballotbecause the citizen believedit was unconstitutional. Thecourt determined that becauseit was in the process of leg-islative power being used bythe citizens, there could beno intervention until the lawwas enacted or about to beenforced. The case limited theattorney general’s review to bewhether the summery is ‘trueand faithful’ and our power islimited by that and two subse-quent cases,” he concluded.
(Continued from page 1)
in aspects of utility manage-ment.She oversaw the design,construction and start-upof the city’s state-of-the-artwastewater treatment facilitywith her staff and as such, isknowledgeable in utility proj-ect management. She also hadto develop a sound rapportwith the administration andelected officials and knowswho she will be working withvery well.She holds a master degreein organizational managementfrom Bluffton University; abachelor degree in biologyfrom the University of Toledoand is a 1992 graduate of Jefferson High School.Riddell resides in Delphoswith her two children, AlexTheobald, 12, and EmmaRiddell, 9.Other unopposed can-didates include:Clayton Osting,city law director;Tom Jeffinghoff,city auditor; JoshuaGillespie, Joe Martzand Kevin Osting,councilmen-at-large;and Bob Mosier, citytreasurer.Residents willalso have the chanceto look into saving moneyon Tuesday. Voters will seeelectricity aggregation onthe ballot. Aggregation is theprocess in which energy issold to consumers who jointogether as a group to buy theproduct. This can lower thecost by reducing a supplier’smarketing and administrativecosts. Passing the ballot mea-sure makes no final decisionother than to simply authorizethe city to negotiate lowerprices for power.American Electric Powerwouldremain the local utility pro-vider.Jerry Gilden, MarionTownship trustee; and BobKimmet, Marion Townshipfiscal officer are unopposed.In Washington Township,Trustee Dean Bowersock andFiscal Officer Jim Mox arealso unopposed.Read about the DelphosCity Schools Board of Education candidates inSaturday’s Herald.
Why
Dale Miller
Dale Miller, 84, of Delphos,died Thursday from injuriessustained in a car accident.Arrangements are incom-plete at Harter and SchierFuneral Home.
Voters
GallmeierMartzJettinghoff K. OstingMosierGillespie(Continued from page 1)
Harding-type blow to bringme to my knees.”Batchelder saidRepublicans have triedrepeatedly to pass an accept-able map but Democratswon’t tell his party what theywant. Though both partieswere given equal sums topay for redistricting analy-sis, Democrats never made aproposal for the GOP to workfrom, he said.Under no statistical sce-nario is Ohio a 50/50 statepolitically, he said.Budish said the partydecided early it would bebetter to work behind thescenes than to risk alienatingRepublicans with a publicmap.Batchelder attached themap unveiled Thursday tolanguage reinstating a sin-gle 2012 primary in thestate. Lawmakers last monthsplit the primary, keepinglocal primaries in Marchand moving presidentialand U.S. House races toJune to allow more time towork out a compromise withDemocrats.Ohio Senate PresidentTom Niehaus said senatorswere getting negative reac-tion in their districts overthe two separate primaries.He had scheduled a tentativefloor session in his chamberfor Friday, to take up therevised map if it passed.State Rep. CarltonWeddington, a ColumbusDemocrat who was part of talks over the district bound-aries, said he was open toreaching an agreement on themaps, but in the end, “therewas nothing for us to be infavor of.”“They (Republicans)stopped negotiating with-out any further notice,” saidWeddington.“We had made a lot of ground and felt like if theyhad agreed to the minor, min-ute changes, we would havehad not only seven votes tosuspend the rules but severalDemocratic caucus votes inthe upwards of 20-plus mem-bers.”He said the votes wouldhave come not only from theblack caucus, but also fromother Democrats.“If they want to be seri-ous about having a bipartisanvote and support for congres-sional maps, they’ll comeback to the table and recon-sider suggestions we made,”Weddington said.
Map
HONOLULU (AP) — Ithappens daily in supermarketand convenience stores nation-wide — digging into a bag of chips while waiting in line,sampling a couple of grapes inthe produce section, openinga bottle of milk to appease acrying child.The highly-publicized storyof a pregnant Honolulu momwho was arrested last weekwith her husband after she atea sandwich in a Safeway storeand forgot to pay, leading tothe couple’s 2-year-old daugh-ter being taken away by ChildWelfare Services, has sparkeda national debate on the issue.It also raised the question:Is it OK to consume food andbeverages in the store beforepaying?The woman in Hawaii whoate the sandwich has no prob-lem with it.“I didn’t know it was sucha taboo thing,” said NicoleLeszczynski who was chargedwith fourth-degree theft, a pettymisdemeanor, along with herhusband, Marcin. The chargeshave since been dropped bySafeway. “Where I grew up ina small town it’s not seen asstealing for sure.”Others are not so sure.The story generated arobust debate on Facebookand Yahoo in comments fol-lowing stories on the theft.Some argued that it’s wrong toeat what you haven’t paid for,and that police did the properthing in arresting them. Otherssaid eating while shopping hasbecome a perfectly acceptablepractice. Many denouncedthe arrest as a heavy-handedresponse.At the Safeway where theLeszczynskis were arrested,Linda Mercado and her friendChristine Lutley didn’t get toofar from the exit Wednesdaybefore they began digging intotheir food purchases. Mercadopolished off a package of sushias she discussed her views onthe issue.“Pay before you eat,” the66-year-old Mercado said.“It’s bad manners.”However, Mercadoacknowledged drinking bever-ages in the past while waitingin line.“I don’t walk aroundthe store drinking it,” sheexplained. “By the time I’mdone shopping I’m thirsty.”
Sandwich arreststirs debate overeating in stores
 
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419-692-8901
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419-395-1610
Sales and Service on TRANE and YORK heating& cooling equipment.We service all brands.
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We are now aTRANE  Authorized Dealer 
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Friday, November 4, 2011 The Herald –3
S
TATE
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OCAL
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riefs
www.delphosherald.com
From the Vantage Point
Photo submitted
Vantage senior Culinary Arts students Emily Flaugh, left, (Wayne Trace) and AlexisCummings (Lincolnview) are ready to welcome diners to the Thanksgiving Buffet in theCup and Saucer Restaurant.
Success the main coursein Culinary Arts
The Cup and Saucer restau-rant at Vantage is the careertech lab for students enrolledin the two-year Culinary Artsprogram. Students usuallyarrive in the kitchen with verylittle experience. By gradua-tion time, they have practicedmany different facets of res-taurant management, includ-ing food safety, meal plan-ning, preparation and serving,as well as front of the house(hospitality and cashiering).Students have the opportunityto become “Serve-Safe” certi-fied and to receive the ProStartCertificate of Achievement.For those students planningto continue their educationin chef training or restaurantmanagement, it serves as anexcellent introductory experi-ence. Although this programconcentrates on preparingstudents for careers in hospi-tality and restaurant services,it is a practical life programtoo.Students in the VantageCulinary Arts program getfirst-hand experience in thekitchen and operating the Cupand Saucer Restaurant. Therestaurant is open for lunch onTuesdays, Wednesdays andThursdays each week, seatingguests from 11 a.m. to noon.Luncheons for group meet-ings can also be arranged.It’s almost time forthe annual ThanksgivingFeast luncheon, preparedby Culinary Arts students.Robin Burns and her classinvite everyone to this popu-lar event. It will be held twodays this year: from 11 a.m.to noon on Nov. 16 and Nov.18. This year’s buffet willinclude a delicious varietyof salads, meats, vegetables,breads and desserts all for just $8.95. Reservations arenecessary for this specialevent. To reserve a spot, call419-238-5411, ext. 130.The Christmas Buffetlunch will be held on Dec.14 and Dece. 16. Get a grouptogether and call now for res-ervations.Congratulations to VantageCulinary Arts alumnus Renee(Merschman) Schnipke, chef and culinary supervisor atSt. Rita’s Medical Center inLima.
 Attention all parents of Vantage high school students- Parent/Teacher conferenceswill be held from 4-8 p.m. on Nov. 21 and from 10:30 a.m.to 8:30 p.m. on Nov. 22. Call 419-238-5411 or 1-800-686-3944, ext. 126 to schedule anappointment.
State blocked from changing rules
COLUMBUS (AP) — A judge on Thursday granteda request from three AIDSpatients to block changes toOhio rules that they say woulddrastically reduce eligibilityfor a government-funded pro-gram that pays for HIV andAIDS medications for thosein need.The Franklin CountyCommon Pleas court rulingblocks the state Departmentof Health from implementingthe rules pending resolutionof a lawsuit the men filedWednesday. A hearing hasbeen set for Nov. 15.The rules were set to takeeffect today.The men, who also work asadvocates for AIDS patients,argue the new AIDS DrugAssistance Program ruleswill “arbitrarily deny fund-ing for potentially life-savingmedications” to low-income,uninsured and underinsuredOhioans with HIV or AIDS-related symptoms. They alsoargue they weren’t properlyadopted.They say the rules resultin some of the nation’s mostsevere medical and financial-eligibility changes to a gov-ernment medical assistanceprogram and argue that theywill give the health departmentdirector unilateral control overwho receives funds.Plaintiff William Boothsaid new restrictions mean thehealth department will decide“who lives or dies.”“The medical and financialcriteria that are at the heartof these rule changes in Ohioare murder by proxy, plainand simple,” Booth said in astatement.An attorney general’sspokeswoman was unable toimmediately comment afterbusiness hours. A telephonemessage was left after busi-ness hours for a health depart-ment spokesman.AIDS drugs can cost morethan $20,000 annually, andpatients often need to take sev-eral prescriptions.Drug Assistance Programsoperate in all 50 states usingboth federal and state funds.Several cash-strappedstates have recently cut backtheir programs through stepssuch as capping enrollment,dropping patients, institutingwaiting lists, lowering theincome ceiling for eligibilityand no longer covering certaindrugs or tests.The lawsuit says Ohiorules that were to go intoeffect today were finalizedlast month and would allowa further reduction in finan-cial eligibility guidelines andimpose medical guidelines todetermine waiting list priority.The group says the state hasno current waiting list but hashad a list as high as 485 withinthe past year.
Last day forOhio in-personearly votingEnd comes forelk that wandersnortheast OhioImprovised gunnot found duringprison searchCommissionrejects Twittercomplaint
COLUMBUS (AP) —Ohioans have their last chanceto cast to go to their local elec-tions office to cast an earlyvote for Tuesday’s election.The state’s top electionsofficial has directed countyelections boards to end theearly, in-person voting at 6 p.m.today. Republican Secretary of State Jon Husted says the cut-off that’s coming sooner thanin past years is required bychanges to state law.The early voting deadlinein previous elections had beenthe Monday before an elec-tion. The change has beencontested by Democrats.Elections officials in sev-eral counties have reportedheavy turnout for early voting.Some have said one reasonis interest in statewide ballotissues, including the one thatwill decide the fate of Ohio’slaw limiting the union rightsof public employees.PARKMAN (AP) — Awandering elk thought to be afugitive from a Pennsylvaniagame farm has met its end innortheast Ohio.WKYC-TV of Clevelandreports the large bull elk turnedup Wednesday at a man’s farmin Geauga County, southeastof Cleveland. The animal waskilled after Ohio wildlife offi-cials told the man that takingthe elk was legal.Elk are not native to Ohio.The television station reportsthat those raised in pens cancarry disease potentiallythreatening to Ohio’s deerherd. Meat from the elk thatwas killed will be tested.Allen Lea with the OhioDivision of Wildlife says theagency believes the animalescaped from a Pennsylvaniagame farm more than a monthago and then wandered throughseveral northeast Ohio counties.TOLEDO (AP) — Aspokesman says an impro-vised firearm was not foundduring an eight-hour searchof an Ohio prison and thatinformation of “major con-traband” there may have beeninaccurate.Ohio prisons departmentspokesman Carlo LoParosaid today that the ToledoCorrectional Institution wassearched by about 140 membersof the prison’s tactical team.The search continues today.“They will continue tosearch the facility, specificallythe outside grounds, but at thispoint it seems the informationwe were provided was notaccurate,” LoParo said.The department is notreleasing additional details onthe information received.The prison has about 1,600inmates, mostly designated at a“close” security level betweenmedium and maximum.CINCINNATI (AP) — TheOhio Ethics Commission hasthrown out a complaint filedover Twitter comments madeagainst Cincinnati’s streetcarproject.The Cincinnati Enquirerreports that the Ohio EthicsCommission dismissed thecomplaint on Thursday for atechnicality: a political actioncommittee was improperlynamed as defendant.The Coalition Opposed toAdditional Spending & Taxes(COAST) was accused of falsepolitical advertising by the pro-streetcar group Cincinnatiansfor Progress. It said COASTwaged a social media cam-paign of false statements abouta Nov. 8 ballot issue that wouldblock funding for the streetcarproject. The group plans torefile its complaint.Still pending is COAST’s fed-eral lawsuit challenging the ethicscommission’s authority, saying itviolates the First Amendment bychilling political speech.
Ohio son, father have kidney/pancreas transplants
GAHANNA (AP) — MosesAllen said he doesn’t care muchabout pain.So the 36-year-old tattoo artistdidn’t fear the kidney/pancreastransplant in 2007 that rescuedhim from dialysis and gave himback his strength.His father, however, is wireda little differently.“I said, ‘Man, I don’t wantanyone opening me up like that,”’said 55-year-old Artis Allen, who,like his son, ended up on dialysisfor damage caused by poorly con-trolled Type 1 diabetes.It was Artis Allen’s memoryof how the transplant transformedhis oldest son — and a littleconvincing from his son — thatgot him to Ohio State UniversityMedical Center last month for hiskidney/pancreas transplant.Dr. Mitchell Henry, chief of transplantation there, said he hadnever heard of a father and sonwho both had a kidney/pancreastransplant. No national data arekept on that, so it’s impossible toknow whether the Allens are theonly such pair in history.Surgeons transplant bothorgans from a donor who hasdied because it offers the bestchance at curing diabetes. OhioState performs about 20 kid-ney/pancreas transplants a year.There were 2,124 people await-ing the combined transplant inthe United States as of Oct. 14.Patients typically wait a year ortwo for organs that are a goodmatch.The younger Allen’s influ-ence on his father was important,Henry said. Almost seven in 10people with diabetes who areon dialysis will die in the firstfive years, he said. Moses Allenwas on dialysis for 21/2 years;Artis Allen, for more than a year.The son still gets quiet when herecalls the roses that would sit inthe chairs at his dialysis centerwhen one of the other patientshad died.

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