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WEDNESDAY, MARCH 4, 2020 VOL. 124 NO. 21 www.whitebearpress.com $1.00

TCE BAN: Bill moving forward in House PAGE 9A Daylight Saving Time Begins March 8

Water Gremlin: Appeal presents ‘substantial question of law’ BY DEBRA NEUTKENS STAFF WRITER

SEE WATER GREMLIN, PAGE 9A

PAUL DOLS | PRESS PUBLICATIONS

Moving day: One of sure signs of spring With temperatures well above freezing, ice houses were on the move over the slushy surface of White Bear Lake last week as area residents got ahead of the DNR deadline for fish houses to be removed from area lakes. The deadline for fish house removal in the southern half of Minnesota was by the end of the day Monday, March 2. Following the removal of the temporary shelters, members of local Boy Scout troops, the White Bear Lake Conservation District, geocachers and other community volunteers will be conducting a lake and shore cleanup effort starting at Bellaire Beach on the south side of White Bear Lake 10 a.m. Saturday, March 7.

Theater offers state-of-art sight, hearing aids BY DEBRA NEUTKENS STAFF WRITER

Lakeshore Players Theatre is now completely accessible. Not only is the theater seating handicapped-accessible and the floor plan wheelchair-friendly, now hard-of-hearing patrons can attend a performance with open captioning and those visually impaired can hear a play-by-play in their ear. “It’s a really big step for us,” said Elena Glass, Lakeshore’s development manager. “These services put us more on par with major theaters in the metro.” A grant from the Minnesota State Arts Council helped Lakeshore purchase the equipment for open cap-

DEBRA NEUTKENS | SUBMITTED

The display is angled so it can be read from any seat in the theater.

tioning. “Essentially, it’s like closed captioning you see on movies,” Glass explained. “We transcribe the script

on special software that appears on SEE ACCESSIBLE, PAGE 8A

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ST. PAUL — Court appearances continue in the state’s case against Water Gremlin. On March 4, appellate court judges will consider this issue: Did the district court exceed its authority when ordering Water Gremlin to conduct lead testing and abatement at the homes of current and former employees? The court-ordered relief to test and clean homes of workers was proposed by the commissioners of Health and of Labor and Industry, the respondents in this case. Judge Leonardo Castro agreed with the proposal and ordered Water Gremlin last November to conduct a residential cleanup as part of a Phase II remediation plan. Water Gremlin challenged that portion of the order, its attorney claiming it goes beyond both the court’s and commissioners’ statutory authority. According to the township company, the residential testing and cleanup provision affects about 1,000 homes and could cost between $3.8 and $15.9 million. State commissioners requested the action in late October after blood tests showed children of employees had elevated lead levels. The Department of Health claimed statutory authority based on public health nuisance. Water Gremlin attorney Thaddeus Lightfoot noted in his appellant brief that just five paragraphs of the 26-paragraph Phase II order are objectionable. “Because of the nature of the products Water Gremlin produces, exposure to lead is inescapable,” wrote Lightfoot in his appeals brief, adding that exposure in the workplace is regulated by the U.S. Department of Labor, Occupational and Health Administration and the Department of Labor and Industry in Minnesota. “There are no allegations that Water Gremlin employees have at any time


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