State briefs 6A

Appeal sought on KKK's part in highway program

ST. LOUIS -- The Missouri Highways and Transportation Commission will appeal a federal judge's decision allowing a Ku Klux Klan group to participate in the state's Adopt-A-Highway Program, the commission announced Friday.

The KKK group had applied to participate in the highway cleanup plan in April 2001, but the commission denied its request to pick up litter along Missouri 21 north of Potosi.

The commission cited rules it adopted that year banning from the program groups that discriminate based on race or those that courts have said have a history of violence.

The Klan sued the commission, which oversees the program, and a federal judge in St. Louis ruled last month that the denial restricted the group's right to free speech. U.S. District Judge Catherine Perry said the commission's rules were not substantially different from those struck down in 2000 by the 8th U.S. Circuit Court of Appeals, in an earlier case involving a separate KKK group from St. Louis.

Following the 2000 court decision, the commission adopted new rules.

The commission said it planned to ask the appeals court to stay the order allowing the Klan group to participate while the appeal is pending. The commission has until next Friday to file with the 8th Circuit.

Planned Parenthood sues to block new abortion law

JEFFERSON CITY, Mo. -- Planned Parenthood affiliates asked a federal court Friday to block a new Missouri law that would require women seeking abortions to wait 24 hours after consulting a physician.

The lawsuit seeks an injunction against enforcing the law, which is scheduled to take effect Oct. 11, on claims it contains unconstitutionally vague and broad language.

The Legislature enacted the measure Sept. 11 by overriding a veto of Democratic Gov. Bob Holden.

The law requires women to wait 24 hours to have an abortion after consulting with a physician about any physical, psychological or "situational" risk factors. Women and doctors also would have to sign a consent form saying they had discussed the risks.

Harsher penalties for 'drunk while armed' law

ST. LOUIS -- Missouri prosecutors are alerting law enforcement agencies in their counties about a little-known part of the state's new concealed weapons law.

The law, which goes into effect Oct. 11, increases the criminal penalties for those who are found to be intoxicated and in possession of a gun. It boosts the "drunk while armed" law from a misdemeanor to a felony.

"Guns and alcohol don't mix, and we will take a very aggressive stance on it," Platte County Prosecutor Eric Zahnd told the St. Louis Post-Dispatch for Friday's edition.

Prosecutors are mixed in their support of the law. But all of those interviewed this week said they were glad the Legislature had included the provision to toughen the penalty for being armed and intoxicated.

"Now with the fact there is a potential for more weapons in cars and the potential of fender-benders turning into shootings, I want to make sure the guns are in sober hands," said H. Morley Swingle, prosecuting attorney in Cape Girardeau County. "Hopefully, if people are drinking, they will leave their guns at home."-- From wire reports

Rate cuts recommended for water customers

ST. JOSEPH, Mo. -- The Missouri Public Service Commission staff recommended a rate reduction for several districts of the Missouri-American Water Co. after finding $20 million in excess revenue.

The PSC staff filed a complaint against Missouri-American on Friday, recommending rate reductions in five of the nine districts the company operates in.

"The complaint alleges current rates and water charges are unjust and unreasonable," PSC spokesman Kevin Kelly said.

The staff said Missouri-American earned an excess of $20 million statewide with its current rates.

Kelly said rate reductions are being recommended in St. Louis County, St. Charles County, St. Joseph, Joplin and Warrensburg.

The excess revenue was not necessarily taken from customers, he said.

"It's not an overcollection," said Dale Johansen, manager of the water and sewer department with the PSC. "We're not asking them to give refunds. The current rates were based on the cost of doing business when those rates were approved. What we're saying is that things have changed significantly enough as of today that rates should be changed to lower revenues."

Missouri-American filed a new rate case in May requesting to increase rates by 8.6 percent for residential users, as well as lower rates by 2.8 percent for industrial customers and 9 percent for resale customers. The company was seeking PSC approval for a a $20 million increase in its revenue.