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COA Will Hear Free Speech Appeal In Facebook Harassment Case

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IL FOR www.theindianaialawyer.com

An angry mother who made threatening posts on social media toward a police officer after the death of her son is now appealing her harassment conviction, arguing her free speech rights were violated.

Constance J. McGuire’s son died after consuming methamphetamine during a traffic stop in which Kokomo police officer Jeramie Dodd was involved. Upon her son’s death, McGuire made a Facebook post that included several threats against Dodd that were later reported to police by one of McGuire’s Facebook friends.

The shared post, which was under McGuire’s private Facebook account, but available to more than 1,000 of her Facebook friends, stated that members of the Kokomo Police Department “better watch out” and that “this mother is on a rampage and ready to shoot and kill.”

The message also made pointed comments toward Dodd, stating that he should have killed his own son instead of her own and that the KPD “messed with the wrong kid this time.” After the post was reported to law enforcement, McGuire was charged and later convicted of Class B misdemeanor harassment under Indiana Code Section 35-45-2-2(a)(4)(B).

On appeal, McGuire challenges the sufficiency of evidence supporting her conviction and argues her posts were legitimate free speech. She argues her conviction was unconstitutional in view of protections afforded to speech and free expression under the First Amendment to the United States Constitution and Article 1, Section 9 of the Indiana Constitution.

An Indiana Court of Appeals panel consisting of Judges Patricia Riley, L. Mark Bailey and Rudolph Pyle III are scheduled to hear the appeal at 11 a.m. Wednesday in the Court of Appeals Courtroom at the Statehouse in Indianapolis.

 

IU’s King Qualifies for 100m Breaststroke Final at FINA World Championships

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Indiana University postgraduate swimmer Lilly King successfully qualified for Tuesday morning’s final in the 100m breaststroke on Monday at the 2019 FINA World Championships.

King, the world record holder in the event, qualified second overall for the final with a time of 1:05.66. The Evansville, Ind. native was the top qualifier for the semifinals with a mark of 1:06.31 in the prelims.

The women’s 100m breaststroke final is scheduled for Tuesday morning, with the session beginning at 7:00 a.m. ET.

Earlier, rising Indiana senior swimmer Mohamed Samy placed 39th in the men’s 100m backstroke for Team Egypt, touching the wall with a time of 55.87.

Swimming prelims in Gwangju begin each night at 9:00 p.m. ET, with finals the next morning starting at 7:00 a.m. ET. Swimming at the FINA World Championships runs through Monday, July 28.

Hoosiers Should Pay Attention To Mail From The State Department Of Revenue

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Hoosiers Should Pay Attention To Mail From The State Department Of Revenue

Staff Report
TheStatehouseFile.com

INDIANAPOLIS – The Indiana Department of Revenue is advising Hoosiers to always check their letters because they might not know what’s inside.

The DOR wants people to make sure that they check letters that come from the department because they usually contain either a tax refund check or a request for more information.

 

DOR Commissioner Adam Krupp, in a press release on Monday, implored Hoosiers to not ignore the letters.

“If you receive mail from DOR, please do not ignore it,” Krupp said. “I assure you, ignoring correspondence will not make it disappear. There are countless examples of unfortunate situations involving financial penalties that resulted from simply ignoring our mail. Remember, DOR contacts customers by U.S. mail first, so it is imperative that everyone opens and responds to each notice sent.”

The DOR stated that the letters usually are asking for additional information so that they can process tax returns. If a recipient of one of these letters doesn’t respond in a timely manner, the tax returns will stay unprocessed, which means penalties and interest owed for the person who is getting the tax return.

The DOR also wants to warn Indiana residents that if they receive a phone call from someone claiming to be in the DOR, then it is a scam. The department only sends information out through the U.S. mail service.

If anyone has questions about scammers or the information in the letters, call the DOR’s customer service at (317) 232-2240 between 8 a.m. – 4:30 p.m. (EST), Monday through Friday.

FOOTNOTE: TheStatehouseFile.com is a news website powered by Franklin College journalism students.

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University of Evansville Welcomes Nursing Transfer Students with $20,000 Scholarships

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Nursing students who transfer to the University of Evansville’s direct entry nursing program are eligible to receive a $20,000 per year scholarship.

Requirements and deadlines vary based on each individual’s situation, and faculty advisors are available to meet one-on-one to create a custom transfer plan. Admitted students are placed at either the first or second year of the nursing program based on the number and types of courses completed and accepted for transfer credit.

“UE faculty have gone way beyond what I ever expected to make my transfer to UE smooth and successful,” said Emma Vassey, a recent UE nursing transfer. “After learning I had not been accepted to a different nursing school, UE opened up that roadblock and helped me get enrolled right away.”

Students in the Dunigan Family School of Nursing work closely with expert faculty in and out of the classroom. Through clinical simulations, six semesters of clinical experience at local facilities, study abroad, and personalized learning with small class sizes, UE students graduate with the experience they need to succeed in the nursing profession.

“Our faculty work very hard to ensure that all of our students receive a high-quality personalized educational experience,” said Jerrilee LaMar, chair of the Dunigan Family School of Nursing. “We work individually with our transfer students for a seamless transition that enables them to achieve their dream of completing their nursing degree.”

HAPPENINGS AT THE VANDERBURGH COUNTY GOP

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GOP ELEPHANT
Central Committee:
Wayne Parke, Chairman
Mary Jo Kaiser, Political Director
Dottie Thomas, Vice Chairman
Lon Walters, Secretary
Farley Smith, Treasurer
Kevin Harrison, Editor
 
News and Upcoming Events for July 23, 2019

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Vanderburgh County Reagan Day 2019

Thursday August 1, 2019

Registration/ Cash Bar 5:30 pm
Dinner 6:15 pm
Location: Evansville County Club

3810 Stringtown Rd, Evansville
Featured Speaker: Congressman Larry Bucshon, M.D.
          Speakers:  Mayoral & City Council Candidates
 Dash for Cash <> Raffle <> Silent Action

  The Annual VCRP Reagan Day Dinner is a casual, family friendly celebration and fundraiser for the local  Republican Party. This is an opportunity to show your support for the local GOP while enjoying an evening of fun with fellow Republicans. Western attire is encouraged.
Tickets: 
$100 per person (Includes Meal & Dash for Cash )
$50 Dash for Cash

To RSVP contact Mary Jo Kaiser at :

812-425-8207 or Email beamerjo59@gmail.com
 or
Mail  RSVP To: Vanderburgh Country Republican Party
815 John Street, Suite 110
Evansville, IN, 47713
   
Get RSVP Form HERE
                   Make Checks Payable to:
 Vanderburgh County Republican Party
          Print Event Flyer

 Visit the VCRP 4-H Fair Tent  this week:
Monday July 22 – Saturday July 27, 2019
Daily 4:00 pm – 9:00 pm
 Show your support for Republican candidates while attending the Vanderburgh County 4-H Fair and visit the VCRP Tent. The VCRP Tent is located near the 4-H Industrial Building (building #9). The 4-H Fair runs all week, July 22 – July 27, and the VCRP Tent is open 4:00PM – 9:00PM daily. We will be distributing candidate information, passing out balloons to children, and promoting voter registration.
                             If you would like to help at the VCRP 4-H Tent contact :
Mary Jo Kaiser at 812-425-8207, email beamerjo59@gmail.com

 
Last Saturday’s VCRP Breakfast:
State Senator Jim Tomes addressed the the monthly GOP  breakfast gathering at the C.K. Newsome Center last Saturday (7/20/19).
8th District Congressman  Larry Bucshon, M.D., and Mayor Lloyd Winnecke also provided  brief comments to the group. Don’t miss the next VCRP Monthly Breakfast, scheduled for Saturday August 17, 2019.

 County Commission Meeting-   Date: Tuesday, July 23, 2019

 

 
   Time: 3:00 PM
Location: Room 301, Civic Center Complex
                1 NW Martin Luther King Blvd, Evansville
 For more information visit

County Commissioners

  VCRP Central Committee Meeting – Wednesday, July 24, 2019
Time: 11:30 AM
Location: GOP Headquarters
815 John Street, Evansville
 Meetings are open to all Vanderburgh County Precinct Committeemen

 County Council Meeting-   Date: Wednesday, July 31, 2019

 

 
   Time: 3:30 PM
Location: Room 301, Civic Center Complex
                1 NW Martin Luther King Blvd, Evansville
 For more information visit

County Council

 City Council Meeting-   Date: Monday, August 12, 2019

 

 
   Time: 5:30 PM
Location: Room 301, Civic Center Complex
                1 NW Martin Luther King Blvd, Evansville
 For more information visit

City Council

EVSC Board of School Trustees Meeting-
  Date: August 12, 2019
             Time: 5:30 PM
 Location: Board Room, EVSC Administration Building
                  951 Walnut St., Evansville

VCRP Monthly Breakfast -  Date: Saturday, August 17, 2019.
Time: 7:30  AM  -  9::00 AM
 Location: C.K. Newsome Center , Room 118A-B
100 Walnut Street, Evansville, IN 47713
 Contact Mary Jo Kaiser at 812-425-8207 for beamerjo59@gmail.com more information.

Women’s Equality Day Luncheon – Friday, August 23, 2019

Event:
17th Annual Women’s Equality Day Luncheon
Date: Friday, August 23, 2019
Time:11:30 a.m.- 1:00 p.m.
715 Locust Street, Evansville
Special Guests: State Senator Jean D. Breaux
  State Senator Vaneta Becker
 
Topic: Women Working Together
 
The annual luncheon commemorates the passage of the 19th Amendment granting women the right to vote in America.
Tickets are $50 per person.
Table Sponsorship Levels available are:
  • Rosa Parks – $5000
  • Ruth Bader Ginsburg – $1000
  • Sandra Day O’Connor – $750
  • Sojourner Truth – $500
 Tickets and Sponsorships are available at:
Tickets are also available by calling the YWCA at (812) 422-1191.
Send Checks to: YWCA
     118 Vine St.
     Evansville, IN. 47708
(Ticket deadline is August 15, 2019)

(Get Event Flyer HERE)

 Save the Date:

 

Event: Fun Shoot Fundraiser
Date : Saturday September 14, 2019
5010 E 1150 S, Haubstadt, IN 47639
Registration 10:45 <> Shoot starts at 11:00
Proceeds to benefit City Council At-Large candidates Ron Beane, David Christmas, and Vanderburgh County Republican Party.
Watch for more information.

 
On the Campaign Trail:
Coffee with the Governor…

Fundraising…

Hitting the Pavement…

Support your Republican Candidates!  Volunteer, Donate, Vote Republican.

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State Senate Update for July 19, 2019 :
School Safety Grant Applications Open
In 2013, the Indiana General Assembly passed legislation that created the Indiana Secured School Safety Grant Program (SSSG), a matching grant program that helps improve safety in Hoosier schools.  Since then, lawmakers have continued to work diligently to improve school safety. This session, we expanded the list of things for which schools could use a SSSG, and in our new state budget, allocated $19.2 million per year to the SSSG program.
The Indiana Department of Homeland Security is now accepting applications for the SSSG program. SSSGs can be used to fund the following safety initiatives:
  • Employ a school resource officer or law enforcement officer;
  • Conduct a threat assessment;
  • Purchase equipment that restricts access to the school or helps expedite the notification of first responders;
  • Support firearms training in districts that choose to implement such programs (new this year);
  • Support the implementation of a student and parent support services program (new this year); and
  • Fund the one-time startup costs of an active alert warning system (new this year).
I strongly encourage schools in Senate District 49 to apply for these grants. To date, the SSSG program has given more than $53 million in matching grants to Indiana school districts. Applications will be accepted until Friday, Aug. 2. For more information and to apply, click here.

 House Republican Updates for July 19, 2019

Enhancing public safety and reducing recidivism rates:
I was recently selected to serve as vice chair of the Interim Study Committee on Corrections and Criminal Code, which reviews current trends with respect to criminal behavior, sentencing, incarceration and treatment. While the legislature is not in session, lawmakers meet and study important issues facing Hoosiers around the state. I look forward to ensuring that our criminal justice system protects the public while rehabilitating offenders.

Interim study committee hearings, which typically occur at the Statehouse in Indianapolis, can be viewed live online at iga.in.gov. This site also provides committee calendars and meeting agendas. Members of the public are welcomed to attend and testify.

New laws effective in July:
This month, many of the laws I worked on this legislative session went into effect. Below are several laws to help move our state forward:

Helping Mothers, Babies | To help reduce infant mortality, a new law I co-authored will engage at-risk, expectant mothers in early prenatal care. Medical providers will screen for signs of substance abuse, and provide or connect mothers with treatment.

Funding Our Priorities | Our two-year state budget is responsibly balanced and maintains healthy reserves. The conservative plan funds the state’s priorities, including historic increases for education and school safety

Strengthening Indiana’s Workforce | A new law I authored will help more Hoosiers receive training that can lead to high-paying jobs in high-demand fields. Schools and employers will also have more flexibility to team up to better prepare students to enter the workforce.

Addressing Mental Health | A new law I co-authored will allow schools to apply for Secured School Safety Grants to provide student mental health resources. Before providing services, schools must meet with a student’s parents to discuss any concerns and obtain their consent.

Visit iga.in.gov to learn more about these new laws and others now in effect. If you have any questions, please reach out to me via email or by calling 317-232-9600.

Indiana top state for infrastructure:  (from Indiana House Blog)
Indiana is home to more than 80,000 miles of highly traveled roadways, making it all the more important to maintain and preserve our roads and bridges. In recent years, House Republicans worked hard to support and improve our state’s infrastructure in a comprehensive, responsible and sustainable way. These efforts have paid off, as Indiana was recently ranked No. 1 in the country for infrastructure by CNBC.
Read more HERE.

View bills from the 2019 legislative session that Governor Eric Holcomb has signed into law.  click here

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Dr. Bucshon Votes to Repeal Obamacare Tax on Employer-Sponsored Health Insurance: (from 071719 Press Release)
Congressman Larry Bucshon, M.D. released the following statement after voting in support of the Middle Class Health Benefits Tax Repeal Act (H.R. 748), which permanently repeals Obamacare’s “Cadillac tax” that would impose a 40 percent excise tax on certain employer-sponsored health insurance: “I am pleased the House has come together in a bipartisan manner to permanently repeal the burdensome Obamacare Cadillac tax. This tax would fall on certain employer-sponsored health care coverage and unfairly punished Hoosiers and Americans. According to the Tax Policy Center, if the Cadillac tax is not repealed, the effect will be lower wages and higher income and payroll taxes. While the Cadillac tax is currently not in effect, it looms large over the health benefits of Americans. It is imperative for the growth of the economy and the well-being of all Hoosiers, that we repeal this Obamacare tax once and for all.”

President Trump and Vice-President Pence Commemorate the 50th Anniversary of the Moon Landing & Look to thr Future:
“Exactly 50 years ago this month, the world watched in awe as Apollo 11 astronauts launched into space with a wake of fire and nerves of steel, and planted our great American flag on the face of the Moon”. – President Donald J. TrumpClick on these links –
50 Years After Americans First Walked on the Moon, It’s Time for Another  “Giant Leap” for Mankind 
Remarks by President Trump Commemorating the 50th Anniversary of the Apollo 11 Moon Landing

Presidential Message on Space Exploration Day, 2019

Remarks by Vice President Pence Celebrating the 50th Anniversary of the Apollo 11 Moon Landing

Stay in touch with GOP members of Congress representing our area at these links:

Visit the Vanderburgh GOP 

page for daily updates.

  Mark Your calendar                CLICK on event for more information
July 22 – July 27 VCRP 4-H Tent
July 23 (3:00 pm) County Commission Meeting
July 31 (3:30 pm) County Council Meeting
August 1 VCRP Reagan Day 2019
August 12 (10:30 am)
August 12 (5:30 pm)
August 12 (5:30 pm) EVSC Board of Trustees Meeting
August 17 (7:30 am) VCRP Monthly Breakfast
August 23 (11:30 am) Women’s Equality Day Luncheon
August 26 (11:00 am)
September 14 Fun Shoot Fundraiser
September 27 Mayor Winnecke Golf Outing

  Make sure you add vandygop@gmail.com to your address book so we’ll be sure to land in your inbox!

         If you have any questions, contact Mary Jo Kaiser, VCRP Political Director, at

or (812) 425-8207.
                                                       Visit www.vanderburghgop.com
for more info. Thank you.

‘Factually Inaccurate’ Disability Denial Over Migraines Remanded

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Katie Stancombe for www.theindianalwyer.com

A northern Indiana woman may find some relief after the Northern District Court reversed and remanded the denial of her appeal for supplemental security income.

Rose Stoughton applied for supplemental security income in February 2015, alleging disability beginning Jan. 1, 2009. Stoughton was diagnosed with bipolar disorder and attention deficit disorder. A psychiatrist also determined her struggles focusing at work and coping stemmed from her mental status. She also experienced worsening migraines and was prescribed several medications for pain.

Stoughton’s application, however, was denied after an administrative law judge determined that although she did have severe impairments, she had not been disabled since the date of her filed application. The ALJ found Stoughton could perform routine, repetitive, and simple tasks because she was “able to understand, remember, and carry out instructions” related to those tasks.

But in her appeal, Stoughton argued that the ALJ failed to weigh the medical opinions of her physicians and impermissibly “played doctor” in the finding that her migraine headaches were nonsevere without relying on their medical opinions.

The Northern District Court agreed with Stoughton’s assertion in Stoughton v. Commissioner of Social Security,3:18-cv-00484,  finding that the ALJ’s act of making no effort to weigh presented medical opinions required remand. It therefore reversed and remanded the case upon finding that the ALJ did not explain, as required, his decision to assign anything less than controlling weight to the medical opinions.

“The Commissioner does not contest whether Drs. (Shivam) Dubey and (Craig) Miller qualify as treating physicians, nor does he deny the fact that the ALJ made no attempt to weigh their opinions. Instead, the Commissioner’s only response is that these physicians’ treatment notes do not constitute medical opinions for Social Security purposes because the notes themselves do not opine on Ms. Stoughton’s functional limitations. As a result, the Commissioner argues, the ALJ did not err in neglecting to weigh these various reports because the regulations only required him to evaluate every medical opinion’ received,” District Judge Jon Deguilio wrote for the court.

“The Commissioner’s position does not persuade the Court for two main reasons. First, as set forth below, many of the treatment notes at issue indeed contain explicit opinions as to Ms. Stoughton’s functional limitations, and so the Commissioner’s argument to the contrary is factually inaccurate,” the panel continued. “Second, the regulations do not confine the definition of ‘medical opinions’ to conclusions on functional limitations, as the Commissioner would have it; nor do the regulations require a physician to opine on limitations — indeed, ‘they caution against doing so since ‘disability’ is a question ultimately left to the Commissioner.’”

The district court additionally found the ALJ’s determination that Stoughton’s migraines were nonsevere because she reported only having them “once in a while” and because they were treated with over-the-counter pain medication to be insufficient. It further noted that the ALJ completely overlooked the numerous, distinct occurrences between February 2014 and December 2015 in which Stoughton could not maintain attention, focus, and concentration in his determination of the work she could perform. It therefore remanded the case to the commissioner for further proceedings consistent with its opinion.

This Week at USI

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Below is a list of events and activities happening in and around the USI community in the coming weeks:

7:30 a.m. Tuesday, July 23

Annual Mental Health Summit adds focus on care of first responders, in addition to military service members

Military service members, first responders and their families have unique mental health needs. Health care professionals and caregivers in our community are invited to engage in active dialogue on how to best address these needs during the 2019 Mental Health Summit at the University of Southern Indiana, held from 7:30 a.m. – 4 p.m. Tuesday, July 23, in University Center West. To register, call 812-464-1989 or visit the Mental Health Summit web page. For programming questions and assistance, please contact Joel Matherly at 812-461-5302 or email jsmatherly@usi.edu. Read More

11 a.m. Thursday, July 25

Students to present final Technology Commercialization Academy pitches Thursday, July 25th
Teams of students participating in the University of Southern Indiana’s Technology Commercialization Academy (TCA) will present their final product pitches from 11 a.m. to 12:30 p.m. Thursday, July 25 in the Business Engineering Center Atrium located on the USI campus. The final pitch event is open to the public as TCA students will present to USI faculty and staff, local business leaders and regional entrepreneurs. Read More

 

Race starts at 8:30 p.m. Saturday, July 27

Night Flight 4-Mile Run and Kids 8 and Under Half-Mile
Support the USI Track and Cross Country programs while enjoying an evening run/walk through the beautiful USI campus and USI-Burdette Trail during Night Flight! Night Flight will be held on Saturday, July 27. The 4-mile run begins at 8:30 p.m. Pre-registration is available at https://www.riseupandrun.com/night-flight/ and is $20. Race day registration is $25 (Paid registration includes a t-shirt). More Information

 

Early registration ends Tuesday, July 30. Conference runs Thursday, August 8 – Friday, August 9

Early registration deadline nears for Mid-America Institute on Aging and Wellness
The University of Southern Indiana and SWIRCA and More, the local agency on aging, will present the 12th annual Mid-America Institute on Aging and Wellness (MAIA) on the USI campus on Thursday, August 8 and Friday, August 9, with a pre-conference workshop on Alzheimer’s disease and dementia care scheduled for Wednesday, August 7. The deadline for a reduced registration fee is Tuesday, July 30. After that date, the rate increases for the pre-conference workshop and one- and two-day registrations. There is a discounted rate for students and retirees. Morning keynote sessions will be free and open to the public; however, due to seating limitations, advanced registration is required.  More information about registering is online at USI.edu/maia or by calling 812-464-1989. Read More

9 a.m. Thursday, August 15

Welcome Week and Campus Housing Check-in
USI will welcome new students living in residence halls and campus apartments at check-in beginning at 9 a.m. Thursday, August 15 at Screaming Eagles Arena. Students with last names beginning with A-L are asked to arrive starting at 9 a.m., and students with last names beginning with M-Z are asked to arrive starting at 12:30 p.m. During this time, students pick up their key, parking permit and Welcome Week schedule as well as visit a resource fair for more information from campus departments and local businesses.  More Information

Registration closes Tuesday, October 15; Race is Saturday, November 2

Registration now open for the 18th annual Norwegian Foot March
The 18th annual Norwegian Foot March, an intense mental and physical challenge, will take participants 18.6 miles through the rolling hills of Evansville’s west side. Carrying a 25-pound rucksack, participants will begin and end on the USI campus, working to make it back to the finish line generally in under four and a half hours depending on age and gender. ROTC cadets, soldiers and veterans, as well as civilians, may register individually or as part of a four-member team. Registration can be completed online or by calling USI Outreach and Engagement at 812-464-1989. Early registration is recommended, as the event sells out quickly. ROTC cadets from any school can register for $25 and all other participants can register for $45. Registration will close on October 15 or when the event is full at 500 participants. Read More

 

ADOPT A PET

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Tessa is a shy female Beagle. She is 5 years old, and has been adopted & returned to VHS multiple times. She is what some might call a “project dog.” She needs a stable home environment, free of loud young kids, where she can learn how to trust people and be your everyday average dog. And the biggest things she’ll need to do that are time & patience. Tessa’s adoption fee is $130 and includes her spay, microchip, and vaccines. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

KIP MOORE – ROOM TO SPARE

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KIP MOORE – ROOM TO SPARE

ACOUSTIC TOUR W/ KYLIE MORGAN

VICTORY THEATRE- OCTOBER 12

TICKETS GO ON SALE FRIDAY, JULY 26 AT 10 AM

Evansville, IN– Victory Theatre will set the stage for Kip Moore’s “Room to Spare Acoustic Tour,” with special guest KylieMorgan on October 12. Tickets go on sale Friday, July 26 at 10 am.

Moore’s highly-successful acoustic tour was sparked by his recently released ROOM TO SPARE: THE ACOUSTIC SESSIONSEP. The collection follows his third studio album SLOWHEART, which garnered instant praise from critics as his “most complete, cohesive declaration of his artistic sensibilities yet” (NPR,) as well landing on multiple “Best Of” lists
including Entertainment Weekly, Rolling Stone, UpRoxx, Bobby Bones Show, Taste Of Country, Sounds Like Nashville, The Boot, PopMatters and Whiskey Riff. SLOWHEART includes Moore’s fourth No. One single “More Girls Like You” andfollows the critical acclaim that surrounded Moore’s sophomore album WILD ONES and his PLATINUM debut album UP ALL NIGHT that spawned three No. One hit singles, including GOLD certified “Beer Money,” PLATINUM certified “Hey Pretty Girl,” and the DOUBLE PLATINUM breakout hit “Somethin’ ‘Bout A Truck.” For more information