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Kentucky Supreme Court To Take Second Look At Slot-Like Racing Machines

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Kentucky Supreme Court To Take Second Look At Slot-Like Racing Machines

LOUISVILLE, Ky. (WDRB) — The Kentucky Supreme Court will weigh in for the second time in a long-running case challenging the legality of the nearly 3,000 slot-like historical racing machines that have been installed at racetrack-owned venues around the state since 2011.

The high court last considered the case in 2014. At that time, it ruled that the Kentucky Horse Racing Commission acted legally in 2010 when it adopted a regulatory framework for the slot-like machines, also called instant racing.
But the court kicked the case back to the trial level to gather facts and decide whether the gaming systems in place at the venues actually constitute pari-mutuel wagering, in which bettors wager against one another (as in live horse racing) and not against the house (as in casinos).
This time, the judges could settle the issue permanently.

 

Casino gambling is illegal in Kentucky, but the machines are designed to mimic slots while basing the results of each spin on an old horse race, selected at random, which players are not able to identify in advance.

The machines are in place at four track-owned venues around the state, with one more on the way and another licensed to open. Since 2011, players have put more than $5 billion into the machines, and the fast-growing industry is on track to reach $2 billion a year in bets.

Wingate ruled in favor of the racetracks last fall after a four-day trial in January 2018, in which he narrowed the scope of the case to the gaming system in use at Ellis Park and at Kentucky Downs, made by Florida-based Exacta Systems.

The operations of the systems in place at Churchill Downs’ Derby City Gaming in Louisville and at the Red Mile harness racetrack in Lexington were not scrutinized in the trial.

The Kentucky Horse Racing Commission, a party in the case, did not oppose the Family Foundation’s request to take the appeal of Wingate’s decision directly to the Supreme Court, skipping the Kentucky Court of Appeals.

But Ellis Park and Kentucky Downs opposed the direct transfer, saying in a March 22 court filing that the case doesn’t meet the standard of “great and immediate public importance” necessary for expedited consideration.

The single-page Supreme Court order says the parties will file legal briefs and eventually argue in person before the high court. A decision is unlikely until 2020.

In a statement, the Family Foundation said it’s confident the Supreme Court will give the issue a fair hearing.

“Not one Kentucky citizen, not one legislator, not one legislative committee and neither of the two Chambers of the (Kentucky General) Assembly has ever voted to legalize these machines, yet we now have six ‘casinos’ authorized in the state,” said Kent Ostrander, the foundation’s executive director, in a statement. “Something has been grievously amiss. It is almost like we now have a fourth branch of government — the gambling branch — added to executive, legislative and judicial.”

Attorneys for Ellis Park, Kentucky Downs and the racing commission did not immediately respond to requests for comment.

FOOTNOTE:  This article was posted by the City County Observer with permission by WDRB on line digital reporter Chis Otto. This article was posted by the City-County Observer without opinion, bias or editing.

 

You can reach reporter Chris Otts at 502-585-0822, cotts@wdrb.com, on Twitter or onFacebook.   Chris Otts reports for WDRB.com about business and economic topics, higher education and local / state government. 

Copyright 2019 WDRB News. All rights reserved.

 

Meet Andrew Alexander Funeral Director Of Alexander East

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Meet Andrew Alexander Funeral Director

Andrew is a 1988 graduate of North High School, a 1992 graduate of DePauw University and a 1993 graduate of Cincinnati College of Mortuary Science. He has since served in the funeral industry and enjoys helping people in our community by making funeral planning easier and creating a special tribute to the lives of their loved ones.

Andrew is a longtime member of the Rotary Club of Evansville and Holy Rosary Catholic Church. In his free time he volunteers for Habitat for Humanity of Evansville.

Andrew grew up in Evansville, lived in Newburgh for 10 years after graduating college and now lives on the north side of Evansville with his wife, daughter and 2 sons. He enjoys spending time with his children and supporting their endeavors. He also enjoys playing a variety of sports and being outdoors.

Andrew lives life with this Alan Wallace quote in mind: “Life is a flash of lightning in the dark of night. It is a brief time of tremendous potential.”

Ivy Tech to Hold 15th Annual CRUISE-IN Event

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The public is invited to Ivy Tech Community College’s 15th Annual CRUISE-IN presented by Lucas Oil Center on Saturday, July 27 from 4 – 8 p.m. at the main campus in Evansville, 3501 N. First Avenue.

The annual event is free and open to the public, and typically attracts between 200-400 visitors. There will be live music by Cinco de Blues, food trucks, Lucas Oil race cars, family fun and a beer garden by Carson’s Brewery. In addition, tours of the Automotive Technology department and Welding laboratory will be offered.

Attendees can expect to see street rods, trucks, and other unique cars from around the Tri-State. Awards will be presented for Best Domestic Car, Best Import Car, and Best All-Around, People’s Choice, and Lucas Oil Big Kahuna Trophy. The event is coordinated by students in Ivy Tech’s popular Automotive Technology program, the Ivy Tech Foundation and Lucas Oil Center.

This year’s event is sponsored by Lucas Oil, Larry’s Automotive, Raben Tire Service, Expressway Dodge, Chrysler, Jeep, Ram, Technician.Academy, The Duell’s Evansville Kia, The Duell’s Evansville Hyundai, Evansville Teacher’s Federal Credit Union, Carson’s Brewery, The Evansville Food Truck Association and the Ivy Tech Foundation.

 

Marriage Licenses Issued For Vanderburgh County

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Marriage Licenses Issued For Vanderburgh County

Marriage Licenses Issued

Suspended Indianapolis Attorney Charged With Theft

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Marilyn Odendahl for www.theindianalawyer.com

An Indianapolis attorney who was charged two years ago with indecency and public nudity after allegedly exposing himself to two high school girls basketball teams has been accused of taking more than $53,000 from a client.

Raymond Fairchild has been charged with theft as a Level 5 felony for allegedly taking $53,226.35 from the proceeds of a client’s litigation settlement, according to a release from Marion County Prosecutor Terry Curry’s office. The funds had been awarded as part of a $100,000 wrongful death settlement for the loss of the client’s husband.

“The theft of property from an innocent victim is always intolerable,” Curry said in a statement. “However, the relationship between an attorney and his client is one of trust, and it is thus particularly egregious if a professional, as alleged in this matter, abuses that trust for his own greed.”

An initial hearing for Fairchild was scheduled for 1:30 p.m. Tuesday.

According to the probable cause affidavit filed in Marion Superior Court, Fairchild was representing the client in two civil lawsuits against the driver of the vehicle that struck and killed her husband, and the employer of the driver.

In July 2015, the client settled the wrongful death suit against the driver for $100,000, the affidavit says. Fairchild then filed a petition to put $53,226.35 of the settlement into an account for the deceased’s daughter, and to pay $6,773.65 for funeral expenses and $40,000 for his attorney fees.

However, in September 2016,  Fairchild was suspended from the practice of law for 180 days without automatic reinstatement for failure to act in a proposed medical malpractice complaint. He asked attorney Brent Jones to take over representation of the client in the second wrongful death lawsuit against the driver’s employer, according to the affidavit

A short time later, the client tried to deposit a $250 check from her husband’s close bank account into the account Fairchild was supposed to have opened for her daughter, the affidavit says. But the credit union told her no account had ever been opened. When contacted, Fairchild told Jones the missing funds were safe, although he provided no documentation as to where the money was, according to the affidavit.

Jones then referred the client to Forrest Bowman to represent her in recovering the $53,226.35, the affidavit says. Eventually the client filed a complaint with the Indiana Supreme Court Disciplinary Commission in February 2019.

In March 2019, the second lawsuit was resolved for about $120,000, and Jones instructed Bowman to put the money into the restricted trust account for the daughter. About a month later, Fairchild started showing up at Jones’ office, and once at his home, asking for a percentage of the settlement, according to the affidavit.

The Indianapolis Metropolitan Police Department then subpoenaed the records from Fairchild’s business checking account. Police confirmed that Fairchild deposited the $100,000 settlement check in August 2015 and paid the funeral home in December 2015. But none of the other nearly 80 checks written between August 2015 and February 2016 were issued to the client, the daughter or the estate of the husband.

According to the affidavit, Fairchild failed to release any funds to the client, her daughter or the estate of the deceased. The client has confirmed she has not received any payment from Fairchild or any explanation as to where the settlement funds are.

The Indiana Roll of Attorneys lists Fairchild as being suspended and shows a handful of past disciplinary proceedings against him.

In September 2017, Fairchild faced six charges after he was accused of pulling his car alongside a Northern Wells Community School district bus while traveling on Interstate 70 near the Indianapolis International Airport and exposing his genitals.

Several students and an assistant coach posted the story and photos on Facebook. Seeing the entry on social media, a Union City girls basketball team came forward with a similar story and identified Fairchild as the man who had exposed himself to them.

Fairchild pled guilty Oct. 15, 2018, to two counts of public indecency and was sentenced to two years’ probation.

Indiana’s King Wins Gold in 100m Breaststroke at FINA World Championships

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Indiana University postgraduate swimmer Lilly King won gold in the women’s 100m breaststroke on Tuesday at the 2019 FINA World Championships in Gwangju, South Korea.

King, the world record holder in the event, successfully defended her title from 2017, touching the wall with a winning time of 1:04.93. Russia’s Yuliya Efimova won silver with a mark of 1:05.49.

The world title is the fifth in the career for King, who also won a pair of gold medals for Team USA in the 2016 Rio Summer Olympics.

The Evansville, Ind. product will also swim the 50m and 200m breaststroke at the World Championships this week, and could also compete in the women’s 4x100m medley relay and the mixed 4x100m medley relay.

Earlier on Monday night, Indiana postgrad Zane Grothe placed 11th overall in the men’s 800m freestyle with a time of 7:50.14.

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.

 

St. Vincent Evansville Birth Announcements As Of July 23, 2019

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Brittaney Martin and Morgan Jones, Evansville, son, Ardor Beckett, July 12

Hannah and Samuel Messmer, Evansville, daughter, Willow Ann, July 12

Courtney and Nicholas Helmbrecht, Evansville, daughter, Klara Nicole, July 12

Courtney and Nicholas Helmbrecht, Evansville, daughter, Karlee Jay, July 12

Kayla Miles and Steven Shelton, Newburgh, daughter, Raven Ennora, July 13

Michelle and Chad Young Sr., Evansville, son, Chad Lamar Lee Jr., July 14

China Phelps and Brandon Baumgart, Evansville, daughter, Cora Gray, July 15

Nicole and Andrew Gasaway, Troy, IN, daughter, Ava Grace, July 15

Jana and Alex Leister, Owensville, IN, daughter, Jaclyn Marie, July 15

Jennifer and Mason Givnes, Henderson, KY, son, Caleb Alexander, July 15

Jennifer and Mason Givnes, Henderson, KY, son, Coope Thomas, July 15

Kayley Wilkerson and Brandon Thomas, Winslow, IN, daughter, Jayleigh Marie, July 16

Elizabeth and Jerod Schaefer, Evansville, daughter, Livy Louann, July 18

ADOPT A PET

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Lou is a male brown tabby cat. His previous family developed allergies. He’s about 3 years old. Lou’s adoption fee is $40 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

Aces Track & Field Earns USTFCCCA All-Academic Team Honors

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For the second straight year, the University of Evansville men’s and women’s track and field team earned All-Academic Team honors as announced Monday by the U.S. Track & Field and Cross Country Coaches Association (USTFCCCA).

Evansville’s men joined 139 other programs in Division I that were recognized with the accolade, along with seven fellow programs with the Missouri Valley Conference. The Purple Aces completed the 2018-19 academic year with a team GPA of 3.25.

The women’s program was one of 227 DI teams to be named an All-Academic by the USTFCCCA as eight teams in the MVC. The Aces posted a 2018-19 team GPA of 3.38.

 

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