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State Supreme Court Going On The Road To Hear Bar Fight Lawsuit

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By Brandon Barger
TheStatehouseFile.com

INDIANAPOLIS—The Indiana Supreme Court will be heading out of its paneled courtroom at the Statehouse to Parke County where area students will get the chance to see the justices in action.

The case involves a fight in the parking lot of a bar in Schererville that happened in 2006 after the establishment closed. The issue for the state’s highest court to decide is whether it should assume jurisdiction in the case and decide under what circumstances the bar owner should be responsible for fights in the parking lot after the business has closed.

Parke Heritage High School in Rockville, Indiana will be the site of the arguments among lawyers for Cavanaugh’s Sports Bar and Eatery and the man who was injured, Eric Porterfield. The arguments will last 50 minutes and are open to the media and public, with nearly 400 students from schools around the area attending.

Porterfield, now an elected Republican delegate to the legislature in West Virginia, was among a group of patrons who exited into Cavanaugh’s parking lot after the bar closed early in the morning in December 2006. A fight broke out and in the course of the brawl Porterfield sustained a serious eye injury.

In his lawsuit, filed in Lake County Superior Court, Porterfield noted there had been other fights in the parking lot and the owner should have provided security to prevent his injuries. Lawyers for the bar argue the case should have been dismissed because the owner couldn’t foresee the fight.

Both the lower court and the Indiana Court of Appeals ruled against the bar owner, citing a 2003 case that said he had an obligation to provide security for patrons. Cavanaugh’s then appealed to the Supreme Court.

If justices decide to take the case, the high court will decide how case law should be applied and whether the lower court should have dismissed the case or allowed it to proceed to trial

The court holds about 60 oral arguments at the Statehouse in Indianapolis each year and travels twice a year to allow groups who cannot get to Indianapolis to see how it works. Since 1994, there have been 45 arguments heard outside to the Statehouse.

Brandon Barger is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.

 

City Council Meeting – Monday, October 14, 2019

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City Council Meeting OCTOBER 14, 2019
1 NW ML KING JR. BLVD – ROOM 301
5:30 P.M.

AGENDA

I. INTRODUCTION

 

Agenda Attachment:
II. APPROVAL OF MEETING MEMORANDUM

 

Memo Attachment:
III. REPORTS AND COMMUNICATIONS

 

IV. SPECIAL ORDERS OF THE DAY

 

V. CONSENT AGENDA:  FIRST READING OF ORDINANCES AND RESOLUTIONS

 

A. ORDINANCE G-2019-13 An Ordinance Amending Chapter 5.40 (Taxicabs) of the Evansville Municipal Code Sponsor(s): Melcher Discussion Led By: ASD Chair Mosby Discussion Date: 10/28/2019 Notify: Josh Claybourn, Jackson Kelly
G-2019-13 Attachment:
B. ORDINANCE F-2019-22 An Ordinance of the Common Council of the City of Evansville Authorizing Re-Appropriations within the Department of Metropolitan Development Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 10/28/2019
F-2019-22 Attachment:
C. ORDINANCE R-2019-25 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 210 Waggoner Avenue Petitioner: Habitat for Humanity of Evansville, Inc. Owner: Habitat for Humanity of Evansville, Inc. Requested Change: C4 to R2 Ward: 5 Elpers Representative: Beth Folz, Habitat for Humanity of Evansville, Inc.
R-2019-25 Attachment:
D. ORDINANCE R-2019-26 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 257 259 E Mulberry Street Petitioner: Sarah Schuler Owner: Albion Fellows Bacon Center Requested Change: C1 & R2 to C1 Ward: 4 Weaver Representative: Sarah Schuler, VPS Architecture
R-2019-26 Attachment:
E. ORDINANCE R-2019-27 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1807 & 1809 Stringtown Rd Petitioner:Jason Paul Owner:Jason Paul Requested Change: C4 to R2 Ward:3Melcher Representative:Jason Paul
R-2019-27 Attachment:
VI. REGULAR AGENDA:  SECOND READING OF ORDINANCES AND RESOLUTIONS

 

A. ORDINANCE G-2019-12 An Ordinance Fixing the Salaries of Every Appointive Officer, Employee, Deputy, Assistant, Departmental and Institutional Head of the City of Evansville and the Evansville-Vanderburgh County Levee Authority for the Year 2020 and Establishing Salary Administration Procedures Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 10/14/2019
G-2019-12 Attachment:
B. ORDINANCE F-2019-16 Amended An Ordinance of the Common Council of the City of Evansville, Indiana Appropriating Monies for the Purpose of Defraying the Expenditures of Departments of the City Government for the Fiscal Year Beginning January 1, 2020 Sponsor(s):Weaver Discussion Led By: Finance Chair Weaver Discussion Date:10/14/2019 Notify:Russ Lloyd, Jr., Controller
F-2019-16 Amended Attachment:
C. ORDINANCE F-2019-17 Amended An Ordinance of the Common Council of the City of Evansville, Indiana Appropriating Monies for the Purpose of Defraying the Expenditures of Evansville-Vanderburgh Levee Authority District for the Fiscal Year Beginning January 1, 2020 Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 10/14/2019
F-2019-17 Amended Attachment:
D. ORDINANCE F-2019-18 Amended An Ordinance of the Common Council of the City of Evansville Approving and Adopting the 2020 Budget for the Port Authority of Evansville Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 10/14/2019
F-2019-18 Amended Attachment:
E. ORDINANCE F-2019-20 Amended An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 10/14/2019
F-2019-20 Amended Attachment:
F. ORDINANCE F-2019-21 An Ordinance of the Common Council of the City of Evansville Authorizing Appropriations and Repeal and Appropriations of Funds Within the Department of Metropolitan Development Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver Discussion Date: 10/14/2019 Notify: Kelley Coures, DMD
F-2019-21 Attachment:
VII. RESOLUTION DOCKET

 

A. RESOLUTION C-2019-19 A Resolution Encouraging Changes to the 2020 Budget for Fire Station Maintenance Sponsor(s): Mosby Discussion Led By: Councilman Weaver Discussion Date: 10/14/2019
C-2019-19 Attachment:
VIII. MISCELLANEOUS BUSINESS

 

A. THE NEXT MEETING of the Common Council is Monday, October 28, 2019 at 5:30 p.m.
B. ADDITIONAL MISCELLANEOUS BUSINESS
IX. COMMITTEE REPORTS

 

X. ADJOURNMENT

Trump Administration Partners with Rural Communities to Grow Outdoor Recreation Economy

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In support of the Trump Administration’s Executive Order on Promoting Agriculture and Rural Prosperity in America, the U.S. Environmental Protection Agency (EPA), the U.S. Department of Agriculture (USDA) Forest Service and the Northern Border Regional Commission (NBRC) are announcing that they have selected 10 communities under the Recreation Economy for Rural Communities assistance program to help revitalize their Main Streets through outdoor recreation.

Several of the selected communities are in or adjacent to Opportunity Zones, economically-distressed areas that can be designated for preferential tax treatment under the president’s historic tax reform package. The 10 communities selected for assistance include: Cambridge, New York; Fryeburg, Maine; Giles County, Virginia; Glenwood Springs, Colorado; Gorham, New Hampshire; Grants, New Mexico; Jasper, Alabama; John Day, Oregon; Poultney, Vermont; and Thompson Falls, Montana.

“We are pleased to work with our federal partners to promote healthy outdoor activities and deliver on President Trump’s commitment to support and revitalize rural communities,” said EPA Administrator Andrew Wheeler. “Together, we will develop strategies that rural communities can use to grow their economies and make wise use of their natural resources.”

“What better way to sustain our nation’s forests, grasslands and watersheds than through partnerships that engage people directly in stewardship and foster community-driven economic opportunities,” said USDA Forest Service Chief Vicki Christiansen.

“America’s Northern Border Region has some of the most beautiful and recreation-ready natural lands in the country. We’re thrilled to be part of this initiative, which aligns well with NBRC’s increased strategic interest in the outdoor recreation economy across our territory,” said Harold B. Parker, Federal Co-Chair of NBRC.

An outdoor recreation trade association representative welcomed the Recreation Economy for Rural Communities planning assistance program. “We applaud this effort,” said Jessica Wahl, Outdoor Recreation Roundtable (ORR) Executive Director. “ORR looks forward to working with the EPA, USDA and the Northern Border Regional Commission to help more communities invest in the recreation economy and time spent outside.”

Through Recreation Economy for Rural Communities assistance, a planning team appointed by EPA and its federal counterparts will help the partner communities create an action plan to grow the local outdoor recreation economy in ways that promote sustainable resource management and environmentally friendly community development.

The selected communities are planning to revitalize their communities in a variety of ways, including building new trail connections, boosting downtown amenities, connecting nearby hiking-biking trails to downtown, and working to attract recreation-related economic opportunities.

The planning process will take place over four to six months, with a two-day facilitated community workshop as the focal point. Participants will work together to identify a vision, goals, and specific actions to realize the locally set goals.

For more information: https://www.epa.gov/smartgrowth/recreation-economy-rural-communities

Climate Readiness Plan: Just (Let the Rivers) Go With the Flow

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Climate Readiness Plan: Just (Let the Rivers) Go With the Flow

UE’s Annual Chili Bowl Sale to be Held October 17 at 11:30 a.m.

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The University of Evansville’s Clay Club is set to present the annual Chili Bowl sale on Thursday October 17 from 11:30 a.m. to 1:30 p.m. The event will be held outside at the Hyde Hall Lawn. The rain location will be inside Eykamp hall on the second floor of Ridgway.

Chartwells, the food service provider at UE, is co-sponsoring the event and providing chili.

For $10, customers can buy a one-of-a-kind ceramic bowl and fill it will chili. Paper containers will be available for those who prefer not to put chili in their newly purchased bowls. Larger bowls from $15-$50 will also be for sale. Some more artistic larger bowls will be sold at a silent auction as well ranging in price from $60-$100.

The bowls are being made by members of the Clay Club and other UE students, faculty members, staff, alumni, and members of the community.

Half of the proceeds will be donated to Bread of Life Ministry INC. The Clay Club officers chose this organization for their work with education and feeding the less fortunate in the Evansville Community. The rest of the proceeds will be used by the Clay Club to attend conferences, visit museums and galleries, and host visiting artists.

VANDERBURGH COUNTY DEMOCRATIC PARTY HAPPENINGS

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Congratulations to the Week 1 winners!
  • David Hatfield
  • Nita Sides
  • Tony Bushrod
  • Chris Horn
  • Paul Fischer
  • Rosa Carter
  • Darrell McKnight
Week 1 – win $150 daily
Week 2 – win $200 daily
Week 3 – win $250 daily
Week 4 – win $300 daily
Grand Prize – $2500!!

Grand Prize drawing announced on election night (Nov. 5)

It’s not too late to get your name in the draw – just call Cheryl Schultz at 812-459-7645

Every ticket has a chance in every draw – if you win on the first day, your ticket goes back into the mix for the next draw.  You can win multiple times!!Please consider purchasing a ticket!!  Your support means we will have funds to organize county-wide, support our candidates and elect Democrats.

Vanderburgh County Democrat Party
P.O. Box 3208
Evansville, IN 47731
812-550-3812
vancountydems@gmail.com

THE MONTHLY SCOOP ON THE ARTS COMMUNITIES

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Take Flight, mural, camer1


Catalysts for Change: REN ART WLK

By Bobbi Jo Sammons, President, Main Street Rensselaer

Our Main Street Rensselaer, Inc. (MSR) Summer of 2019 project was the creation of an art mural along the riverfront wall facing Potawatomi Park and phase one of the REN ART WLK in downtown Rensselaer.

We wanted the mural to be an added attraction to the area offering an additional point of interest thereby integrating the arts more fully and fostering inspiration in our community. Our hope was that the art mural would reflect a freshness of vision and design while bringing a unique, dynamic energy to our community. The addition of the rest of the murals was something beyond our wildest dreams for our community.

Such improvements in the heart of our community would promote community pride, attract community members/visitors from all over the state to the downtown area, and improve the overall “walkable community” theme that we have been promoting with our recent projects. The art murals are consistent with the proposed improvements included in the Parks for People Campaign and the proposed City of Rensselaer Downtown Revitalization Plan.

Click here to read the entire article.


Big Car Collaborative Bee Sanctuary

Big Car Collaborative


Public Art Sessions at the Indiana Arts Homecoming

October 24-25, 2019, Downtown Indianapolis

1. Explore the importance of arts-based infrastructure
Led by three artists and a curator from Big Car Collaborative (three of whom offer perspective from growing up in small-city or rural Indiana and the fourth from rural Mexico), this session illuminates how to build community cohesion work in a challenged area.

2. Get the youth in your community engaged with preservation
Learn about examples of creative placemaking projects that sit at the intersection of arts and historic preservation and that include networking with non-traditional preservation collaborators such as local graffiti artists and muralists.

3. Create accessible public art with important design standards in mind
Before any public art project begins, artists and designers must take certain steps during the planning and design process to ensure a project is accessible to all. Learn about case studies and best practices for accessible public art in communities across Indiana and across the country.

4. Increase equity in through a public art program
Access to public art projects may be inadvertently cut off for some artists unless equity is kept at the forefront. This participatory workshop will guide participants through ideas to create equity in public art.

Click here to learn more about the conference and register.


Two people playing guitars in an outdoor space

Batesville Area Arts Council


Friends Tell Friends About Arts Opportunities

We’re here for a good alliteration and sharing opportunities to help bring the arts to communities across our state. Take a look at what we’ve rounded up this month.


images from the instagram accounts linked below


Inspiration from Instagram

Follow these accounts for inspiration from some public art powerhouses!


Wishing you a creative National Arts and Humanities Month,

Bridget Eckert
Director of Marketing and Communications
Indiana Arts Commission

breckert@iac.in.gov

(317) 607-3505

Bridget Eckert

Holcomb Statement On the Death Of Trooper Stephan

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Governor Eric J. Holcomb offered the following statement on the death of Indiana State Police Trooper Peter R. Stephan, who died after a single-vehicle crash while on his way to help another trooper Friday night.

“Janet and I were heartbroken to learn about the death of Trooper Stephan. We ask that all Hoosiers join us in offering prayers and condolences to Trooper Stephan’s family, friends, and colleagues in law enforcement.”

 

“Right Jab And Middle Jab And Left Jab” OCTOBER 13, 2019

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“Right Jab And Middle Jab And Left Jab” was created because we have a couple of commenters that post on a daily basis either in our “IS IT TRUE” or “Readers Forum” columns concerning National or International issues.
The majority of our “IS IT TRUE” columns are about local or state issues, so we have decided to give our more opinionated readers exclusive access to our newly created “LEFT JAB and Middle Jab and RIGHT JAB”  column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB” AND “MIDDLE JAB” AND “RIGHT JAB” several times a week.  Oh, “LEFT JAB” is a liberal view, “MIDDLE JAB” is the libertarian view and the “RIGHT JAB is representative of the more conservative views. Also, any reader who would like to react to the written comments in this column is free to do so.

Today’s “Readers Poll’ question is:  If the election was held today in the City Council 1st Ward who would you vote for?

If you would like to advertise in the CCO please contact us at City-County Observer@live.com