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Kindergarten…Here I Come

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July 27th will be a day of learning and play for children entering kindergarten!
Get a head start on kindergarten by exploring a classroom, practice getting and off a school bus, and enjoy the Museums incredible exhibits.
Were your kids big fans of The Awesome Squad at Happy Noon Years? We have some AWESOME news for you! The high energy music group will be making an appearance at Kindergarten…Here I Come!
This event is sponsored by Evansville Teachers Federal Credit Union.
Performance made possible, in part, with support from the Indiana Arts Commission, Vanderburgh Community Foundation, and the National Endowment for the Arts, a federal agency.

7th Circuit strips judgment for Emmis, rules for insurer

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Katie Stancombe for www.theindianalwyer.com

A federal appeals court reversed a breach-of-contract ruling for media company Emmis Communications Corp. arising from a shareholder dispute. The 7th Circuit Court of Appeals ruled the district court should have found in favor of Emmis’ insurer instead.

Indianapolis-based Emmis sued Illinois National Insurance Co. when the latter refused to pay up on a directors and officers liability insurance policy pruchased by Emmis to cover a period from Oct. 1, 2011 to Oct. 1, 2012. Emmis sought more than $4 million in legal fees that its insurer refused to cover.

That policy had an exclusion for any losses in connection with events that included “[a]ll notices of claim of circumstances as reported under policy 8181‐0068 issued to Emmis Corporation by Chubb Insurance Companies,” Emmis’ prior directors and officers liability insurance provider.

When three shareholders sued to stop Emmis from gaining control of its shares to go private, and Illinois National subsequently refused coverage, Emmis sought damages for breach of contract and breach of the duty of good faith and fair dealing.

Both parties sought summary judgment from the Southern District Court in Indianapolis. Emmis argued that coverage was appropriate, and Illinois National argued that the policy’s complex exclusion provisions prevented coverage. Illinois National further contended that the “as reported” provision excluded all notices that were reported to Chubb at any time, including the suit giving rise to this litigation.

However, Emmis claimed that it excluded only those notices that had been reported at the time that the policy went into effect two years prior to reported notice. The Southern District Court ultimately granted judgment in Emmis’ favor, concluding that while both interpretations of the term were reasonable, Emmis’ was better.

“The court thought that the past tense of ‘as reported’ must ‘refer[] to events that had already occurred at the time of drafting.’ It bolstered its holding by invoking the rule favoring coverage when multiple reasonable readings of an insurance policy might apply,” the 7th Circuit.

But the appellate court found the entire case could be resolved on the single issue of the meaning of “as reported.” It disagreed with the district court, finding Illinois National’s proposed interpretation to be correct.

“The phrase has no discernable temporal limitations. Once Emmis or one of its agents reports a claim to Chubb, at any time, then that claim is ‘reported’ — and so is excluded. The timing of the report is irrelevant,” Circuit Judge Amy Coney Barrett wrote for the panel.

“Emmis acknowledged in its brief that it did in fact report its claim to Chubb. That resolves our inquiry,” the panel continued. “The exclusion applies, so summary judgment should have been entered in favor of Illinois National.”

The 7th Circuit thus reversed and remanded Emmis Communications Corporation v. Illinois National Insurance Co., 18-3392 for proceedings.

Otters to host Otterbelle Dance Clinic

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The Evansville Otters have announced an Otterbelle Dance Clinic to be hosted on July 27 for kids ages 5-12.

The clinic will consist of the Otterbelles teaching and working with kids on a dance routine, leading to a final performance.

Check-in begins at 9:30 a.m. with the clinic starting at 10 a.m. The clinic will go until 12 p.m. The clinic’s final performance will be at 6 p.m.

Registration and payment are due at Dance Clinic check-in.

Registration includes a General Admission ticket to the Otters’ game on July 27, performing the Dance Clinic routine with the Otterbelles during pregame ceremonies, and a commemorative t-shirt.

Participants should wear appropriate attire such as a t-shirt, shorts, and tennis shoes.

The registration form can be found online at evansvilleotters.com/promotions.

Completed forms should be mailed to 23 Don Mattingly Way, Evansville, IN 47711 or emailed to eurbina@evansvilleotters.com.

The Otters are celebrating their 25th anniversary season in 2019.

 

JUST IN: ALEX SCHMITT REJECTS GOP CHAIRMAN PARKES CALL FOR HIS WITHDRAW FROM RACE

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LEADING GOP PRIMARY AT-LARGE  CITY COUNCIL FRONT RUNNER REJECTS GOP CHAIRMAN WITHDRAWER REQUEST 

Wayne,

Requesting that I withdraw my candidacy for City Council At-Large is an odd stance to take given that I received the most votes for any Republican Primary candidate not named Lloyd Winnecke; out of the paltry voter turnout of 2,226 Republican votes, I received 70% of the vote.  I won my Primary race with the widest margin of victory of any City Council race of either party and single-handedly raised more than double the funds of any City Council candidate.  Not only have I received an outpouring of support from the Vanderburgh County Republican Party (the Precinct Committeemen that actually make up the County Committee) but also from actual Republican voters who nominated me as their top candidate for this office.  
 
One would assume a Chairman, whose primary function is to support winning Republican candidates, would be able to recognize my value to the organization you represent and its goals.  It is obvious that you do not possess the mental faculties to make the best decisions on behalf of the Party, and thus lack the capacity to serve as Chairman.  As such, pursuant to Indiana Republican Party Rules 1-18 and 1-36, I encourage you to resign as Chairman.  Further, by not supporting my candidacy, you are in violation of Rules 1-25, 1-24, and 4-11; thus falling out of good standing as a Party Officer.  For your violation of those rules, I further encourage your resignation as Chairman.  Not only would it be in the best interest of the local party, but in the best interests of the citizens of the City of Evansville and Vanderburgh County as a whole.
 
Finally, Indiana law requires that my candidacy for party affiliation is based on my voting in the last primary election, and the voters of Evansville are the ones who chose me as their candidate.  Therefore, you have absolutely no authority in this matter and I decline your request.  I look forward to my campaign producing another strong victory in November so that Evansville can continue to move forward.  In the meantime, please do not contact me.

On Sun, Jun 30, 2019 at 7:16 PM Wayne Parke <wparke@wowway.com> wrote:

Alex R. Schmitt, Esq.
Indiana University School of Law – Indianapolis, 2011
Purdue University, 2007
schmitt2@umail.iu.edu

JUDY VALADA MUNYON

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Boonville, IN. – Judy Valada Munyon, 71, of Boonville, Indiana went home to be with the Lord on Tuesday, July 2, 2019.
Judy was born in Evansville, Indiana on January 20, 1948 to the late Vaughn and Florence DeWeese.
Judy was a retired Middle School Teacher for 40 years with the Anderson Community School System. She loved to travel with her late husband Mark, read her Bible, play the organ, and most of all she loved her animals. Judy was a member of the Blue Grass Methodist Church.
She is survived by her sister-in-law, Teresa DeWeese of Boonville, IN; niece, Christie Still and her husband, Mike of Tennyson, IN; nephew, Jason DeWeese and his wife, Tasha of Nebraska; five great nieces, Makenze, Kyndel DeWeese of Knightstown, IN; Gracelyn, Macie Still of Tennyson, IN; Ivy DeWeese of Nebraska; several cousins from Evansville, IN;
Services will be 12 P.M. on Friday, July 5, 2019 at Koehler Funeral Home in Boonville, Indiana with Rev. Ben Lovell officiating. Burial will be at Blue Grass Cemetery in McCutchanville, Indiana.
Visitation will be 10 A.M. until 12 P.M. on Friday, July 5, 2019 at the funeral home.
Memorial contributions can be made in her name to any animal rescue center or to the National Stroke Association, 9707 East Easter Lane, Suite B, Centennial, CO. 80112.

To send flowers to the family of Judy Valada Munyon, please visit Tribute Store.

Late home run by Grizzlies hurts Otters

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The Evansville Otters suffered a 5-3 loss to the Gateway Grizzlies Tuesday as a three-run home run by Gateway’s Dustin Woodcock produced a comeback win for the Grizzlies.

The Grizzlies opened the scoring in the bottom of the first inning with runners on first and second. Luis Roman smacked a two-run double for Gateway to give the Grizzlies a 2-0 lead.

The Otters responded in the top of the second to tie the game.

All-Star catcher Rob Calabrese led off the inning with a single.

Two batters later, Hunter Cullen ripped a double to the outfield, moving Calabrese to third, putting runners on first and second with one out.

With two outs, David Cronin smacked an RBI single to right field, scoring Calabrese, cutting the Grizzlies lead in half.

Keith Grieshaber, the next batter, rocketed a single to left field, scoring Cullen to tie the game at two.

Both teams would remain scoreless in the third, fourth, and fifth innings, but the Otters would break the 2-2 tie in the top of the sixth.

Jack Meggs led off with a single and was followed by Hunter Cullen who was hit by the pitch.

J.J. Gould laid a successful sac bunt to move Meggs and Cullen to second and third with one out, setting up another big spot for Cronin.

Cronin then walked to force the bases loaded with one out in the top of the sixth.

That would force Gateway to pull starter Dominic Topoozian, who earned a no-decision, throwing 5.1 innings, allowing three runs on seven hits with two strikeouts.

The third earned run came from the bat of Greishaber, hitting a sac fly to left field that scored Meggs, giving the Otters a 3-2 lead.

In the bottom of the sixth with two outs and two men on, Tyler Beardsley threw his last of eight strikeouts to get out of a jam. The reigning Frontier League Pitcher of the Week tossed six strong innings, allowing two runs on three hits, and unfortunately earning a no-decision.

Otters reliever Drew Beyer threw a scoreless seventh inning but could not shut down the Grizzlies in the eighth.

Connor Owings led off the bottom of the eighth with a single.

Two batters later, Roman singled, putting runners on first and second with one out.

After Andrew Daniel struck out looking, Dustin Woodcock crushed his three-run home run over the porch in right-centerfield, his first hit of the game, pushing the Grizzlies in front 5-3.

Grizzlies reliever Grant Black came on in the ninth and retired the Otters in order, earning the save.

 

EPD REPORT

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EPD REPORT

Vanderburgh County Recent Booking Records

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https://www.vanderburghsheriff.com/jail-recent-booking-records.aspx

IS IT TRUE JULY 3, 2019

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We hope that today’s “IS IT TRUE” will encourage  honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.
IS IT TRUE the Publisher of the City-County Observer will turned 76 years old at the end of this month? …he tells us that the only thing left on his “bucket list” is to finish his book called “IT IS TRUE”?  …over 15 plus years our publisher with the help of his 139 ‘Moles”, CCO staff have created many insightful, accurate and dynamic “IS IT TRUE” comments designed to encourage our elected and appointed officials to make “Good Public Policy” decisions?
IS IT TRUE starting next month our publisher will start in earnest writing his long awaited book called “IT IS TRUE”?  …he wants us to stress that none of the names of the 139 “CCO MOLES” that provided him with “IS IT TRUE” material over the years will not be reference or exposed in his book? …in fact, he’s the only person who knows who the “CCO MOLES” are? …he will not get personal with appointed or elected offices holders that appeared in past “IS IT TRUE” columns over the last 15 plus years?  …he will only reference good and bad public policy decisions they made? …in fact, he’s telling us so far the ‘”IS IT TRUE” comments posted over the years are trending to be around 90% accurate? …our publisher predicts that his book (“IT IS TRUE”) will be an informative, enlightening, funny and enjoyable to read?
IS IT TRUE we just received the following e-mail from our former editor and friend Joe Wallace?  …he said; “I will help with the IS IT TRUE book if you like. I just did all of this and know exactly how to set it up.”  …we have accepted his offer?
IS IT TRUE that the biggest accomplishment of the City-County Observer is that we have never been considered to be a “Minister Of Propaganda” for any appointed or elected officials?
IS IT TRUE if a person has charisma, has the capacity of giving long and boring speeches about nothing and would love having his picture taken 24-7 he should run for Mayor of Evansville?
IS IT TRUE politics in Evansville have done a complete about face in the short space of 12 years?…in the campaign for Mayor in 2007, incumbent Jonathan Weinzapfel faced a Republican candidate named David Nixon and reveled over a 70 point margin of victory?…four years later the Vanderburgh County Democrat Party imploded under the weight of ego and hubris after shoving the $127 million Ford Center down the taxpayers throats without an opportunity to hold a vote?
IS IT TRUE it’s guesstimated that the Ford Center has proceeded to consume nearly $9 million taxpayer dollars per year? …it has totally underperformed relative to the study by the handpicked consulting group that claimed it would be break even from day one?…it has now been 8 years and the people of Evansville have seen over $70 million dollars go up in smoke?
IS IT TRUE that Palm Springs, CA is about to get a new hockey rink and not one dime of taxpayer money will be spent on the construction?…the Agua Caliente Band of Cahuilla Indians have announced a partnership with Live Nation to bring a 10,000 seat arena with an adjacent practice rink and entertainment area similar to Louisville’s 4th Street Live to downtown Palm Springs?…the arena is slated to open in the Fall of 2021 which will be a record time to compete a $250 million project?…the arena will be on the Agua Caliente reservation so there will be no State of California regulations, litanies of lawsuits, or insane local rules to hamper the construction?…as the reservation is a sovereign nation it is also not subject to the deal killing Davis Bacon laws that were passed in 1931?…if the arena is a big financial winner the Agua Caliente will reap the profits and if it is not they will absorb the losses?…this is how arena’s should be financed?  …the Agua Caliente partnership with Live Nation will essentially guarantee that the large drawing acts that can fill such a facility will be there?
IS IT TRUE that U.S. Senator Mike Braun created mobile offices to better assist Hoosiers? …we commend Senator Braun for working outside the box?
IS IT TRUE according to WRDB TV, Louisville, 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 Horse Racing” machines that have been installed at racetrack-owned venues around the state since 2011.
IS IT TRUE that WRDB TV, Louisville also reported that Casino gambling is illegal in Kentucky, but the current gaming 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?
IS IT TRUE we hope that the owners of Casinos located in Kentucky will show their patrons how to use the additional option of betting on past horse races from tracks all over America? …we are told that this feature is available on every instant “Historical Horse Racing” gaming machine in the State Of Kentucky but is rarely used?
Todays “Readers Poll” question is:Do you feel because the Democratic party doesn’t have a Mayoral candidate it’s going to hurt City Council canidates?
We are pleased to provide obituaries from eight (8) area funeral homes at no costs.  Please scroll down our paper and you shall see a listing of them.
If you would like to advertise on the CCO please contact us at City-County Observer@live.com
FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.”READERS FORUM” 

 

 

Is Kentucky Being ‘Shortchanged’ On Its ‘Slots?

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IS KENTUCKY BEING ‘SHORT CHANGED’ ON IT’S SLOTS? 

by WDRB 0n-line Digital reporter Chris Otts

LOUISVILLE, Ky. (WDRB) – Sitting at one of the hundreds of betting machines at Derby City Gaming in Louisville – with names like Electric Nights and Vegas Fortune — it’s hard to tell that you’re betting on an old horse race instead of playing a slot machine.

But whatever physical resemblance the machines bear to casino gambling, there is one respect in which they’re more like horse racing: taxes. Kentucky now has nearly 3,000 slot-like “historical horse racing” machines at racetracks and track-owned facilities like Derby City Gaming, with more on the way. Spin by spin, the amount of money players put into them is on pace to reach $2 billion a year.

The slot-like machines have provided a financial shot in the arm for the state’s ailing horse industry — but only a negligible amount of old-fashioned tax revenue that the state can use on pensions, Medicaid or other budgetary needs.

The casino-style gambling is flourishing at a time when government coffers in Louisville and across Kentucky face steep financial challenges. In fact, Louisville and other local governments receive no share of the money bettors are spending in the machines, at a time when Metro government is closing public pools and libraries to make ends meet.

And compared with neighboring states that have actual casinos, Kentucky is getting a paltry share of the revenue generated by historical racing, according to a WDRB News analysis. It’s a result of a tax rate that aligns more with traditional horse racing than casino gambling.

As Churchill Downs and Keeneland plan to open the fifth historical racing parlor in southern Kentucky next year, some question why the broader state shouldn’t get a bigger share of the gaming boom.

“As (historical horse racing) grows and proliferates, there isn’t any reason why it shouldn’t benefit the commonwealth with that growth,” said Pam Thomas, a senior fellow at the Kentucky Center for Economic Policy, a progressive group that argues for higher taxes on the slot-like machines.

The state horse racing commission, a group appointed by Kentucky’s governor, paved the way for historical horse racing in 2010 under former Democratic Gov. Steve Beshear and has overseen a significant expansion of it in recent years under Republican Gov. Matt Bevin.

Beshear couldn’t get  Kentucky’s legislature to legalize casinos or put the question to voters, and Bevin doesn’t favor an expansion of gambling.

But since historical racing started at Kentucky Downs in 2011, customers at the four racetrack-owned gaming venues around the state have bet $5.3 billion in the slot-like machines though April, according to the latest figures from the racing commission.

It’s a fast-growing market, with the tracks taking in $1.6 billion in wagers in first ten months of the state’s fiscal year, up 77 percent from the same period a year earlier.

While they look and feel like slot machines, the math that determines winners is based on the results of old horse races. The tracks and the racing commission have so far prevailed in a legal battle over whether historical horse racing is a form of pari-mutuel wagering, or the type of betting used in horse racing.

There are a few reasons why historical horse racing, also called instant racing, hasn’t made a bigger dent in the state coffers. The main one is that most of the taxes generated by the slot-like machines go to horse industry funds and programs, such as supplementing purses at Kentucky tracks.

The $5.3 billion in wagers has produced about $80 million in taxes, of which about $51 million has gone to horse industry-related funds and programs, leaving only $29 million in general tax revenue for the state.

Horse industry officials say the money generated by the slot-like machines has helped revive the sport and even the playing field with states that use actual casinos to prop up their racing circuits.

“We have literally faced the situation where people that train their horses and stable them in Kentucky will drive right past some Kentucky tracks to go tracks in other states where the purses are higher,” said Lexington attorney Bill Lear, a trustee of Keeneland Association. “If one of the goals of the current racing commission, with which we whole-heartedly agree, is to really have a bona fide, year-round racing circuit in Kentucky, then historical horse racing is a big key to that.”

Another reason is that, in terms of dollars, casino gambling in neighboring states still dwarfs historical horse racing in Kentucky. In Indiana, which has a mature gambling industry, the state’s 13 casinos took in $22 billion in bets in the last fiscal year, more than 20 times the amount attracted by Kentucky’s slot-like machines.

But Kentucky also taxes historical horse racing at a lower effective rate than bordering states tax casino proceeds, according to a WDRB News analysis of publicly reported data.

Kentucky’s Growing Historical Horse Racing Industry Is Taxed At A Lower Effective Rate Than Casino Gambling In Border States.
EFFECTIVE TAX RATE -KENTUCKY is 18%
EFFECTIVE RATE IN MISSOURI IS 26%
EFFECTIVE TAX RATE IN INDIANA IS 27%
EFFECTIVE TAX RATE IN OHIO IS 33%
EFFECTIVE TAX RATE IN ILLINOIS 34%
EFFECTIVE TAX RATE IN WEST VIRGINIA IS 47%

Like most live horse racing, Kentucky levies a tax of 1.5 percent on the “handle,” or total amount bet, in the slot-like machines. After most of the handle is paid back to winning customers, the taxes represent about 18 percent of what’s left over.

By comparison, Indiana and Ohio tax 27 percent and 34 percent of their casinos’ gross revenues, according to WDRB’s analysis of figures compiled by the American Gaming Association.

“Kentucky is allowing these historical racing parlors to be taxed at a 1.5 percent rate, and it ought to be much higher than that,” said state Rep. Jason Nemes, a Republican from eastern Jefferson County.

Nemes said he plans to propose a hike on historical racing taxes as part of a broader tax reform bill.

In an opinion affirming the legality of the slot-like machines in October, Franklin Circuit Judge Thomas Wingate questioned whether the state is being “shortchanged” on taxes, although tax policy was irrelevant to the legal issue he had to decide;.

Wingate’s decision is on appeal, part of a nine-year legal battle waged by the conservative Family Foundation of Kentucky, which contends the machines are not pari-mutuel wagering.

But others say it’s unsurprising that casinos generate higher taxes and unfair to hold historical horse racing to the same standard.

“It does bring in less revenue than casino gambling — because it’s not casino gambling,” said state Sen. Damon Thayer of Georgetown, the floor leader for the Senate’s Republican majority. “It’s pari-mutuel wagering on horse racing, and it’s taxed at the same rate as live racing and as simulcasting.”

Thayer, a longtime proponent of historical racing, supported an unsuccessful effort in 2012 to allow Kentuckians to vote on whether to legalize casino gaming at up to five racetracks.

But historical racing is a “totally different business model” from casino gambling – one that is more profitable and thus able to be taxed at a higher rate, Thayer said.

Any effort to hike taxes on historical racing would be “dead on arrival” in the legislature, he said.

“Why would you take something that is a huge success story and try to diminish its economic returns and benefits to the people of Kentucky by taxing it more?” Thayer said. “The horse industry in Kentucky is doing better than ever, and it’s because of the purses derived from historical horse racing.”

Thayer noted that the tracks set aside a good chunk of the after-tax proceeds of historical racing to supplement racing purses. He also said it’s “short sighted” to look only at the direct taxes generated by the slot-like machines while ignoring the indirect revenues flowing from a revived racing industry.

Even operating within the constraints of horse racing, Churchill Downs’ Derby City Gaming has had “very encouraging” results since opening last September at an off-track facility on Poplar Level Road, Churchill Downs CEO Bill Carstanjen said in April.

Disclosing results to investors, the company touted Derby City Gaming’s “strong” 41% margin for adjusted earnings – a measure of profitability – in the first three months of the year). Derby City Gaming contributed $7.6 million in adjusted earnings on $18.7 million in net revenue during the three-month period, the company said.

“I think the Derby City return (on investment) is sort of best-in-class and we’re very pleased with what we’ve seen there,” Carstanjen said on the company’s earnings call.

The success of Derby City Gaming has Churchill Downs contemplating further expansion, including bringing the slot-like machines to the iconic Louisville racetrack on Central Avenue. The company is licensed for 2,000 machines in Louisville, but has deployed only 1,000 so far.

And, Churchill Downs is teaming with Keeneland to build a racetrack, historical racing parlor and hotel in Oak Grove, Ky., with a plan to capture customers from the Nashville market. The racetrack is set to open in the fall, with the gaming machines coming in 2020.

Customers at Derby City Gaming have placed nearly $490 million in bets since the facility opened last fall, generating about $3.6 million in general taxes to state government, according to horse racing commission reports.

When Mayor Greg Fischer unsuccessfully tried to sell the Metro Council on an insurance tax increase earlier this year, he and his aides said that residents often asked why the city wasn’t getting a big windfall from the new gaming operation in town. In fact, none of the tax revenue from historical racing flows directly to local governments like Louisville.

By contrast, in the 20 years that Horseshoe Southern Indiana has operated across from Louisville in Elizabeth, Ind., Harrison County has built sewer and water lines and paved gravel roads with local casino tax revenues that amounted to $26 million in the most recent year.

Lear, the Keeneland trustee, said it would be wrong to expect a similar impact from historical horse racing.

“It was never envisioned as a significant revenue generator. The primary driver of it was to bolster, protect and hopefully improve the thoroughbred racing industry in the state,” he said.

State Rep. Adam Koenig, the Republican chairman of the House committee that oversees horse racing, said he doesn’t think Kentucky is being “shortchanged” by instant racing. If anyone thinks otherwise, he said, there is an obvious solution.

“If people want to generate revenue as slot machines would generate revenue, then we need to legalize casino gaming,” said Koenig, a supporter of expanded gambling.

But Koenig said the racetracks seem content with the status quo: “Right now everything is going swimmingly well. They are not paying taxes like slot machines are, and the restrictions on them are quite minimal. What industry doesn’t want that?”

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.

 

 

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