39 / 24 FOR THE GIRLS Smells like romance Bruins' Jund as unselfish as they get on hardwood Candles add a Home & ALSO: Great Basin tournament begins Garden 1 Cloudy. Sports 1 romantic air Agribusiness 4 VEHICULAR MANSLAUGHTER >>> Boise teen faces charges for Noh sisters’ deaths, MAIN 3 TUESDAY 75 CENTS February 2, 2010 MagicValley.com Baptists still Gooding jailed while County nations debate CAFO AFP/Getty Images/FRED DUFOUR decision Members of Idaho-based charity New Life Children’s Refuge, from left, Steve McMullen, Jim Allen and Paul Thompson, walk along a corridor at a police station in Port-au-Prince, Haiti, on Sunday. Police in Haiti held their fate 10 Americans Monday on child trafficking charges, after they allegedly tried to leave the country with 33 Haitian children. upheld By Ben Botkin Adoption Times-News writer BOISE — The Idaho Supreme Court on advocates question Monday upheld a lower court decision that supported Gooding County’s ordi- New Life’s plan nance regulating confined-animal feed- ing operations. By Nate Poppino The decision marks the end of a court Times-News writer case that began in 2007, when the Idaho Dairy Association and Idaho Cattle Family and friends of three Twin Falls Association sued the Gooding County residents arrested in Haiti waited Commission, shortly after commissioners Monday to hear whether they would approved tighter regulations regarding face charges of child trafficking in a CAFOs. Haitian or U.S. court. The lawsuit alleged that the commis- Meanwhile, others who have negoti- sioners overstepped their bounds with the ated Haiti’s adoption and child-welfare ordinance, in the process “regulating systems questioned the simplistic plan dairies and feedlots out of existence.” the Baptists had, and Idaho’s congres- But the Supreme Court said state law sional delega- allows counties to enact provisions of INSIDE tion lent its sup- their own for CAFOs regarding areas such port to the mat- as water quality. While the state does reg- Backlash grows over ter. ulate water in CAFOs, the state’s statutes Haiti adoption plot. Eastside are “insufficient to establish that the state Baptist Church has comprehensively regulated water See Main 6 Pastor Paul quality,”the court said in its opinion. Thompson, 43, In 2008, a district judge ruled in the his son Silas Thompson, 19, and church county’s favor. member Steve McMullen, 56, are Gooding County Commission among 10 U.S. Baptists being held by Chairman Tom Faulkner said Monday he the Haitian government after they tried hasn’t read the ruling yet and was hearing to take 33 children — ostensibly orphans the news for the first time from a reporter. — across the border to the Dominican “I think that’s good then,” he said. “I Republic. haven’t had a chance to look at it.” A spokeswoman for the group, which He said the county hasn’t had a lot of also includes five members of Central CAFOs applying, but noted that the econ- Valley Baptist Church in Meridian, omy is down too. acknowledged she had not secured the Bob Naerebout, head of the Idaho proper papers for the children, but Dairymen’s Association, said the organi- argued the group was simply trying to zation still believes its cause was just. rescue orphans from the quake-strick- “We obviously felt we were in the right en capital and give them a better life. position,”he said. “We still feel our argu- U.S. and Haitian officials spent ments were the right arguments.” Monday investigating how the Baptists In the future, he said, the organization got the children and whether they will still work on statutory changes that should be prosecuted in the U.S., given make it clear who regulates dairies. The the severe damage to Haiti’s court facil- county’s ordinance shows the importance ities and personnel sustained during the of supporting people seeking county Jan. 12 earthquake. But Prime Minister offices on the local level, he said. Max Bellerive told the Associated Press See CAFO, Main 2 it’s clear to him the Baptists knew they weren’t following the rules. “It is clear now that they were trying AP photo “We still feel our arguments to cross the border without papers. It is An infant, who was part of the group of children that U.S. Baptists were trying to take out of Haiti, is carried clear now that some of the children have by a girl who lives at an orphanage run by Austrian-based SOS Children’s Villages in Port-au-Prince on were the right arguments.” live parents,” he told the AP. “And it is Sunday. Ten Americans, mostly Idahoans, were detained by Haitian police on Saturday as they tried to bus — Bob Naerebout, head of the Idaho See ADOPTION, Main 4 33 children across the border into the Dominican Republic, allegedly without proper documents. Dairymen’s Association Obama could overhaul T.F.Council rejects smoking ban No Child Left Behind Alternate arsenic-treatment C.R. Larsen, co- By Libby Quaid proposed judging schools owner of Associated Press writer differently, looking at stu- Ground Round dent growth and schools’ project funding approved bar and grill in WASHINGTON — progress from one year to the By Nate Poppino Twin Falls, President Obama is propos- next. Schools that do well Times-News writer urges City ing to overhaul the No Child would get incentives and BREAKING NEWS Council mem- Left Behind education law, rewards; schools that do Smoke easy, Twin Falls bers on Monday replacing the school poorly would face interven- residents. MAGICVALLEY.COM accountability system that tion and other conse- The Twin Falls City You read this story first online. to vote down a has slapped a failing label on quences. Council rejected a proposed proposed ordi- more than a third of schools, Education Secretary Arne smoking ban in city bars by a nance that including many that made Duncan credited No Child 6-1 vote Monday night after within the bounds set by a would ban big gains but just missed Left Behind with shining a an hour of testimony from judge a year ago. smoking inside their annual targets. spotlight on children who bar owners, bar employees The smoking ban was first bars within city No Child Left Behind need the most help. But he and residents of both Twin discussed in December, limits. The prods schools to improve told reporters Monday on a Falls and nearby towns. after Councilman Lee test scores each year, so that conference call the law The council also unani- Heider and then-mayor council voted every student can read and “does too little to reward mously approved a plan to Lance Clow returned from 6-1 against the do math on grade level by the progress.” change the funding for a city an Association of Idaho ban. year 2014. arsenic-treatment project, See OBAMA, Main 2 ASHLEY SMITH/ In his budget plan, Obama keeping the $22 million debt See BAN, Main 2 Times-News Bridge ........................H&G 7 Crossword ................H&G 8 Obituaries ................Main 10 Comics ......................Main 7 Dear Abby ..................H&G 8 Opinion ..................Main 8-9 SHORTAGE OF SEEDS Commodities..Agribusiness 2 Jumble ....................H&G 10 Sudoku ......................H&G 6 Garden seeds could be hard to find > Agribusiness 1 MORNINGMORNINGMain 2 Tuesday, February 2, 2010 BRIEFINGBRIEF- TN Times-News, Twin Falls, Idaho Pat’s Picks TODAY’S HAPPENINGS Three things to do today ARTS AND ENTERTAINMENT tration, plus $20 material fee, noncredit, Ongoing exercise program for people with Pat Marcantonio Let’s Dance Club with line and square danc- taught by Mark Tatro, 732-6290 or commu- Parkinson’s disease, offered by St. Luke’s ing, 6 to 10 p.m., Twin Falls Senior Citizens nityed.csi.edu. Magic Valley Medical Center, 12:30 to Center, 530 Shoshone St. W. $3, free for 1:30 p.m., St. Luke’s Elks Rehab, 560 Shoup • The Twin Falls there’s family night tele- Ave. W., Twin Falls, no cost, 737-2126. Bruinettes Kids Dance scope viewing from 6:45 to children under 14 with an adult, 410-5650 EXHIBITS or galenslatter.com. SilverSneakers Fitness Program, innovative Clinic will be held from 9 p.m. in the Centennial Oil paintings by artist Pam Swenson of King exercise program designed specifically for 4:15 to 6 p.m. today and Observatory at the College Snake River Jazz Ensemble with an open Hill, 9 to 5 p.m., Mimi’s Saddlehorn Events jazz jam session, musicians of all ages and Medicare beneficiaries’ unique health and Wednesday. Talk about fun of Southern Idaho Herrett Center, 289 Clear Lakes Road, Buhl, no physical needs, 11:15 a.m. to noon, Twin and good exercise. Cost is Center for Arts and Science ability levels invited to participate, 6 to cost, 543-2721. 8 p.m., Pandora’s, 516 Hansen St. S., Twin Falls YMCA, 1751 Elizabeth Blvd., no cost for $25. Information: Cari in Twin Falls. Admission is “Outside In: Indian Art Abroad,” 9 a.m. to Humana-insured or YMCA members and $5 Libby, 280-3420. $1.50 or free with planetar- Falls, hosted by College of Southern Idaho 5 p.m., Sun Valley Center for the Arts, 191 Jazz Club, no cost, 733-5433. per class for non-insured, 733-4384. • The Snake River Jazz ium show admission. Fifth St. E., Ketchum, no cost, sunvalleycen- Adult Children Anonymous (ACA) meeting, Ensemble offers an open Children age 6 and younger ter.org or 726-9491. for individuals recovering from alcoholic or jam session from 6 to get in free. BUSINESS “High Plains Hamlet: An Idaho Frontier dysfunctional family environment, 6 p.m., 8 p.m.