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To learn more, call 1-800-AHA-USA1. space provided as a public service. ©1995, American Heart Association Woman is Kansas' new chief justice The Associated Press TOPEKA — Kay McFarland, the only woman ever to serve on the Kansas Supreme Court, becomes its chief justice today. McFarland, a member of the court for 18 years, succeeds retiring Chief Justice Richard Holmes. She is the 21st person to hold the position in the state's nearly 135-year history. "It is historic," McFarland said. "I'm amazed at the number of young women attorneys who come up and comment on it. It's very important to them." McFarland, 60, also is among the youngest justices to become chief justice in Kansas. By comparison, Holmes was 67 when he replaced David Praeger in 1900, Praeger was 68 when he took over in 1987, and Alfred Schroeder was 61 when he became chief justice in 1977. She said there would be no major changes in the way the court operated. "It isn't like we come to a fork in the road and take another path," she said. But the 18-year veteran justice said she did want to initiate changes to make the court run more smoothly. "Maybe I'm thing a little different; I'm looking forward to it," she said. "Maybe it's time to do some- McFarland was appointed to the Supreme Court by former Gov. Robert F. Bennett in 1977, after serving four years as Shawnee County District Court judge and two years as Shawnee County probate and juvenile court judge High School and earned a bachelor's degree and law degree from Washburn University. When she graduated from law school in 1964, she went into private law A native of Coffeyville, McFar- land graduated from Topeka "It is historic I'm amazed by the number of young women attorneys who come up and comment on it." Kay McFarland Chief justice of Kansas Supreme Court practice in Topeka. She joined the court in 1971. McFarland said Holmes was a good communicator who smoothed relations with the legislative and executive branches during his five years as chief justice. branches of government, so we don't have the confrontations we once had," she said. "I think all "His biggest achievement may have been buil ding bridges with the other three branches and the people of Kansas are better off because of it." Holmes, 72, also was appointed to the Supreme Court by Bennett. Holmes told about 200 people who attended his retirement reception at the Kansas Judicial Center yesterday that some fellow attorneys in Wichita urged him to seek appointment to the Supreme Court in 1977. "I thought they were nuts. It was the furthest thing from my mind. But it has been a good 18 years. I've enjoyed it," he said. to the Supreme Court by Bennett. He is a native of Wichita and graduated from North High School in 1941, from K-State with a degree in business administration in 1950 and from Washburn Law School in 1953. He practiced law in Wichita for 24 years before joining the court. He said he planned to remain active in the legal field but had no immediate plans. "You haven't seen the last of me," he said. "You'll probably see me around more than you want." Disabled man sues the state for poor access Ex-policeman can't buy vendors' lottery tickets, seeks injunction The Associated Press MANHATTAN — A disabled man is suing the state of Kansas in federal court, accusing it of failing to ensure that retail stores selling Kansas Lottery tickets are handicapped accessible. Lewis "Tobie" Tyler, of Manhattan, filed his lawsuit last week in U.S. District Court in Topeka. The suit names as defendants the state of Kansas, Attorney General Carla Stovall and Gregory Ziemak, executive director of the Kansas Lottery Commission. Ziemak said yesterday he hoped to settle the complaint before the lawsuit went to court. Tyler alleges that the commission has not inspected retail outlets licensed to sell lottery tickets to ensure they comply with the Americans with Disabilities Act. The lawsuit also accuses the state of knowingly licensing retail outlets that are not accessible to disabled people. The lawsuit seeks a permanent injunction that would force the lottery to stop selling tickets at retail outlets not accessible to the disabled. Tyler is a former Waukesha, Wis., policeman who was shot in the line of duty and now uses a wheelchair. Ziemak said the commission mailed letters to retailers in August notifying them it planned to implement an ADA compliance plan. He said the plan, which has not yet been completed, might not involve structural changes to the businesses that sell lottery tickets. "Our interpretation of the law is that we need to provide access to our tickets," he said. "If that means a disabled person drives up and blows his horn, and the retailer comes out and provides the tickets, we would comply." In his lawsuit, Tyler said that because every lottery ticket was a possible winning ticket, he was irreparably harmed each time he was denied a ticket at an inaccessible retail location. Kansas Lottery tickets are sold at about 1,900 locations in the state. Roller coaster victim at fault, witnesses say The two Oklahoma women told police that Ryan Bielby, 14, was clearly visible above the high headrests on the ride's seats, according to police reports on the June 20 accident. The Associated Press KANSAS CITY, Mo. — A Kansas City girl who fell to her death from the Timber Wolf roller coaster was standing or kneeling in the seat just before the accident, according to two women who were also on the Worlds of Fun ride. Other Timber Wolf riders say girl was standing or kneeling while on ride The police file also indicates that Timber Wolf operators discounted a report that a boll fell off a lap bar just two hours before the fatal accident, The Kansas City Star reported yesterday. Ryan's seatmate, Ashley Fenzel, 15, told police the lap bar came up and the seat belt came loose just before the girl was thrown from the ride. The Oklahoma Five days later, Smith interviewed Davis, who recalled the train making a left turn after the initial steep drop. "She further stated that, in her opinion, for her to see a person from the waist up, that person would have to either be kneeling or standing on the seat." "After making this left turn the train hit a small bump and, at this time, she observed the victim with her body being visible from the waist up, above the head rest of the victim's car," according to Smith's report. Worlds of Fun spokeswoman Leslie Barewin also had no comment. Park officials say that the Timber Wolf is safe as long as people obey the rules, remaining NATURAL FIBER CLOTHING @ NATURAL BODY CARE "...she felt the person had to be standing up in the seat." Pete Smith Kansas City police detective Neither Fred Duchardt, Ashley's attorney, nor Chester Kaplan, attorney for Ryan's family, could be reached for comment. NATURAL WAY WATER FOOT CLOTHING AND NATURE BODY CARE women, Kimberly Griffith, 17, and Dana Davis, 22, told a detective a different story from their vantage point two seats back. Griffith said she could see a person's buttocks on the seat. "She further stated that for a person's buttocks to be above the head rest, she felt the person had to be standing up in the seat." Detective Pete Smith wrote in a report of his phone interview with Griffith six days after the accident. seated with restraints fastened. Police said in July that they agreed with Worlds of Fun that the accident could not have happened as Ashley described. The police file indicates that about two hours before Ryan's death, ride operators received a report of a bolt falling out of a lap bar in the third row of an unspecified train. seated with restraints fastened - 820-822 MASS. • 841-0100• Ryan and Ashley were in the third row of one of two trains operating that night. But the teen-ager who received the report and the driver of the roller coaster thought it was a joke, since pranks were not uncommon, Detective Mark Folsom reported. Ashley and two male friends who were directly behind her and Ryan told police that ride operators checked their belts and bars before the coaster left the station. We Buy, Sell, Trade & Consign USED & New Sports Equipment Game day barbeque on the patio Join us before and after the game Open at 10:00AM 530 Wisconsin Ave 841-PLAY 1029 Massachusetts The Yacht Club Bar and Grill FACE IT WE NEED EACH OTHER! 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