Fw: Subject: KORA Records Request – Denial of Building Permit for 37th & Gage Project (Ground Treatment / ROW Aggregate Issue)

---

From: Henry McClure <mcre13@gmail.com>
Sent: Thursday, July 2, 2026 6:49 PM
To: City Clerk <cclerk@topeka.org>
Subject: Subject: KORA Records Request – Denial of Building Permit for 37th & Gage Project (Ground Treatment / ROW Aggregate Issue)

City Clerk 

Joseph A. Harrington, PE Project Manager, City of Topeka Engineering jaharrington@topeka.org

Dear Mr. Harrington,

Pursuant to the Kansas Open Records Act (K.S.A. 45-215 et seq.), I am submitting this formal request for public records related to the denial of my building permit(s) for the project near 37th & Gage.

Please provide the following records:

1. All documents, emails, memoranda, notes, or correspondence that reference or explain the denial of the building permit, particularly any issues related to proposed ground treatment, crushed gravel, aggregate, geotextile fabric, or right-of-way improvements.
2. All communications (internal and external) from or to the Public Works Director, Engineering Division, or other City staff regarding the statement that “crushed gravel is not approved for the right of way.”
3. Any City policies, standards, specifications, or guidelines that prohibit or restrict the use of gravel, crushed stone, or aggregate mulch as ground treatment in the public right-of-way.
4. Any inspection reports, plan review comments, or denial notices issued for this specific project concerning ROW ground cover or drainage/erosion control.
5. Records of any similar approvals or denials of comparable ground treatments (geotextile + aggregate) on other Topeka development projects in the past 36 months.

Please produce these records in electronic format where possible.

Please provide the records as soon as possible and no later than the timeframe required by KORA. If any portion of this request is denied, please provide a written explanation citing the specific legal exemption.

Thank you for your prompt attention to this matter. I can be reached at 785-383-9994 or mcre13@gmail.com if you need any clarification.

Sincerely,

Henry McClure MCRE, LLC 3625 SW 29th Street #100 Topeka, KS 66614 Phone: 785-383-9994 Email: mcre13@gmail.com

CC: Tyler Wible <wible.pd@gmail.com>

I was told the crushed gravel is not approved for the right of way. That came from the Public Works Director.

 

Joe Harrington, PE

Project Manager

City of Topeka Engineering

jaharrington@topeka.org

Office: 785-368-3041

Cell: 785-409-2129

BREAKING: Justice Brett Kavanaugh Hands Congress a Clear Path to End Automatic Birthright Citizenship for Children of Illegal Aliens — No Constitutional Amendment Required

By Henry McClure | July 2, 2026

On Tuesday, the Supreme Court struck down President Trump’s executive order addressing birthright citizenship in the case Trump v. Barbara. While the Court ruled against the administration, Justice Brett Kavanaugh’s separate opinion may prove far more significant for long-term reform than a narrow courtroom victory would have been.

Kavanaugh agreed the executive order could not stand — but not because it violated the Fourteenth Amendment. In his view, the order conflicted with a federal statute: Section 1401 of the Immigration and Nationality Act. That statute was passed by Congress, and Congress can change it.

The Roadmap from the Bench

Kavanaugh explicitly spelled out the solution. Congress can amend Section 1401 or pass new legislation to create exceptions to automatic citizenship for children born in the United States to parents who are here unlawfully or only temporarily.

A sitting Supreme Court Justice just published a clear, actionable roadmap for ending one of the most abused aspects of current immigration policy.

For decades, the political class told Americans that birthright citizenship was constitutionally sacrosanct — locked in by the Fourteenth Amendment and untouchable without a full constitutional amendment requiring two-thirds of Congress and three-fourths of the states. That narrative served as a convenient excuse: hand-wringing, fundraising letters, and never having to cast a difficult vote.

Kavanaugh demolished that excuse. He noted that Congress has considered bills to address birthright citizenship for thirty years and passed none of them. The barrier was never the Constitution. It was political will.

Why the Statute Matters

Congress codified the Fourteenth Amendment’s citizenship language into federal law in 1940 and incorporated it into the Immigration and Nationality Act of 1952. What politicians call untouchable has been ordinary legislation for more than eighty years — and ordinary statutes can be changed by ordinary majorities.

The original purpose of the Fourteenth Amendment in 1868 was clear: to overturn Dred Scott and ensure that no American could be denied citizenship based on race. That core protection remains intact. Closing modern loopholes for birth tourism and illegal immigration does not disturb it.

The Framers of the Fourteenth Amendment could not have envisioned today’s realities: tourist visas used solely for “birth tourism” packages, smugglers advertising citizenship for future children as part of border crossings, or large-scale illegal immigration turning the United States into a citizenship machine. Almost no other developed nation grants citizenship this way.

Kavanaugh recognized that modern conditions — visa overstays, birth tourism, and open-border dynamics — differ dramatically from the Reconstruction-era context. Exceptions can be crafted that respect the Amendment’s original intent while addressing contemporary abuses.

The Court Math the Media Buried

Headlines called the ruling 6-3. On the constitutional question, it was closer to 5-4. Justices Thomas, Alito, and Gorsuch dissented outright. Kavanaugh joined them in rejecting the majority’s constitutional reasoning, even while voting to strike the order on statutory grounds.

Four justices have now signaled that automatic citizenship for children of illegal aliens is a policy choice belonging to Congress, not a constitutional mandate. That shifts the legal landscape significantly.

Action is Already Underway

President Trump responded quickly, stating that “No long and unwieldy Constitutional Amendment is necessary!” and urging Congress to act. Senator Tom Cotton has a bill ready, and Senators Cornyn and Scott have proposals targeting birth tourism. The Justice Department announced a crackdown on related visa fraud the same week.

Some Republicans, including Speaker Johnson and Senators Paul and Lee, prefer a constitutional amendment. While that remains an option, Kavanaugh’s opinion makes clear that a statute can do the job — and can do it far faster. Pass the bill now; those wanting an amendment can pursue one in parallel.

Time to Put Every Member on Record

To every member of the House and Senate: the excuse is gone. Justice Kavanaugh just told you the constitutional barrier does not exist as you claimed.

Draft the bill. Amend Section 1401 with clear exceptions. Hold the hearings. Vote. Let the American people see exactly where each representative stands.

American citizenship is the most valuable status this nation confers. It should never be handed out automatically as a reward for lawbreaking or sold through birth tourism schemes. The people’s elected representatives must set the rules — and the people must hold them accountable.

Justice Kavanaugh ruled against the White House on Tuesday but handed Congress the pen. Our job as citizens is to make sure they use it.