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St. Vincent Evansville Birth Announcements for February 5, 2019

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Emily and Brandon Wilson, Evansville, daughter, Cecilia Grace, January 26

Ariel Oestreicher and Jakob Lute, Evansville, daughter, Helena Grace, January 26

Amanda and Jeremy Allen, Chandler, IN, son, Grayson Scott, January 28

Alisha and Daniel Lawson, Owensville, IN, son, Grayson Levi, January 28

Georgina Maciel and Clayton Sanders, Evansville, son, Henry Clayton, January 29

Ruth and Benjamin Nyarko, Newburgh, son, David Ebo Seklenam, January 29

Sara and Tim Bryant, Evansville, daughter, Jayanna Kaylee Sue, January 29

Amy and Kenneth Wells, Evansville, son, Aiden Jeremiah, January 29

Autumn and Derek Meadows, Claremont, IL, daughter, Chloe Jo, January 30

Megan and Franklin Kincaid, Evansville, son, Finn Robert, January 30

Amber Fairchild and Ricky Burress, Evansville, son, Ricky Wayne, January 31

Paige Overstreet, Evansville, son, Frankie Christopher Reese, February 1

Jessica and Shane Kneer, Evansville, son, Blake Owen, February 1

“READERS FORUM” JANUARY 8, 2019

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We hope that today’s “READERS FORUM” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way? 

HERE’S WHAT WE KNOW TODAY.

The potential Democratic candidate for the Mayor of Evansville will not be filing today. We are told If this individual decides to run for Mayor of Evansville he shall ask the Democratic party officials to select him as their Mayoral candidate in a political caucus in the near future.

WHAT’S ON YOUR MIND TODAY?

Todays“Readers Poll” question is: Are you looking forward to going to arena football games at the Ford Center?

Please go to our link of our media partner Channel 44 News located in the upper right-hand corner of the City-County Observer so you can get the up-to-date news, weather, and sports.

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.

Senate Committee Approves Bill to Raise Smoking Age

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Senate Committee Approves Bill to Raise Smoking Age

Young adults in Indiana may have to wait until they are 21 for a smoke if the Indiana Chamber of Commerce gets their way.

Senate Bill 425 passed the Indiana Senate Health Committee Wednesday morning 8 to 2.

The minimum purchase age is 18 but Senate Bill 425 would raise that to 21.

The bill would also apply to e-liquids or e-cigarettes that contain nicotine.

The bill will have a second committee reading before heading back to the full Senate.

Details of Senate Bill 425:

Minimum age to purchase tobacco and e-liquids. With certain exceptions, raises from 18 to 21 years the age at which a person may: (1) sell or buy tobacco products or e-liquids and electronic cigarettes containing nicotine; and (2) enter designated smoking areas of a club or cigar specialty store. Allows a person who is at least 18 years of age on June 30, 2019, to continue to hold a valid tobacco retailer permit until it expires. Allows a person who is: (1) at least 18 years of age on June 30, 2019; or (2) at least 18 years of age Minimum age to purchase tobacco and e-liquids. With certain exceptions, raises from 18 to 21 years the age at which a person may: (1) sell or buy tobacco products or e-liquids and electronic cigarettes containing nicotine; and (2) enter designated smoking areas of a club or cigar specialty store. Allows a person who is at least 18 years of age on June 30, 2019, to continue to hold a valid tobacco retailer permit until it expires. Allows a person who is: (1) at least 18 years of age on June 30, 2019; or (2) at least 18 years of age and serving in the armed forces or reserves or a veteran discharged or separated from service in the armed forces or reserves under conditions other than dishonorable; to buy tobacco products or e-liquids and electronic cigarettes containing nicotine and enter designated smoking areas of a club or cigar specialty store. Prohibits a person who is less than 18 years of age from buying or possessing e-liquids or electronic cigarettes that do not contain nicotine. Makes changes regarding notices posted at tobacco and electronic cigarette retail establishments and at cigarette vending machines

UE Softball Opens 2019 Season On Friday

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Aces travel to Rosemont, Illinois

 The 2019 season is just a day away for the University of Evansville softball team as they open up the year at the Total Control Sports Invitational in Rosemont, Illinois.

The Dome at the Ballpark in Rosemont will be the host this weekend.  It is located just minutes from downtown Chicago and is located close to O’Hare International Airport.  The dome contains two fields, which will each host games simultaneously throughout the weekend.

“Our team is excited to get the season started,” Purple Aces head softball coach Mat Mundell said.  “We have several girls on the team who are from Illinois, so this will give them a chance to play close to home.  It will also be unique for us to play in a dome where we are guaranteed to get all of our games in.  It will be an exciting tournament with a pair of Big East schools and a full weekend of great competition.”

Evansville plays a pair of games on Friday (Purdue Fort Wayne and DePaul) and Saturday (Detroit and Butler) before a single game against Green Bay on Sunday.  Live stats will be available for Friday’s game against the Mastodons and Saturday’s contests versus Detroit.

Pacing the 2019 squad are a pair of Preseason All-Conference players in Morgan Florey and Eryn Gould.  Florey – a senior pitcher from Peoria, Ill. – was one of the top pitchers in the NCAA last season.  She struck out a program record 303 batters last season and finished third in the nation with 10.6 strikeouts per seven innings.

Gould is the reigning Missouri Valley Conference Freshman of the Year and earned spots on the All-MVC First Team and NFCA All-Region squad.  Gould led the team with a .377 batting average along with 13 doubles and a pair of triples.

The Aces lost just one player from last year’s team as they return most of their lineup.  The top power hitter from last season was Lindsay Renneisen.  As a freshman in 2018, she led the team with eight home runs on her way to 21 RBI.  Fellow freshman Elyse Hickey paced the team with 27 walks on the season.

Florey was the top performer in the circle last year, finishing with 11 wins and a 2.00 ERA.  Jaime Nurrenbern picked up a pair of wins and had a solid 2.98 ERA in her first college season.  Ashleigh Downing also picked up a pair of wins while completing the year with a 3.90 ERA.

UE opens up with games against Purdue Fort Wayne and DePaul on Friday.  The Mastodons went 19-35 last season while the Blue Demons are the defending Big East Tournament Champions.  They played in the Fayetteville, Ark. regional in the 2018 NCAA Tournament.  Saturday’s first opponent – Detroit – was 14-30 last season while Butler posted a 20-28 mark.  On Sunday, the Aces take on Green Bay, who is coming off of an 11-35 campaign.

 

AG Curtis Hill Helps Lead 16-State Coalition Supporting Kentucky’s Regulation Of Abortion Clinics

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Attorney General Curtis Hill this week asked a federal appeals court to uphold states’ authority to regulate abortion clinics. He and Ohio Attorney General Dave Yost are leading a 16-state coalition supporting the constitutionality of a Kentucky law requiring abortion clinics to maintain transfer-and-transport agreements with local hospitals. These arrangements enable quick access to higher-level medical care for patients who might experience emergencies or complications at clinics.

The Kentucky provision existed for 19 years without issue. Then, hospitals in the Louisville area disassociated themselves from abortion clinics and ended the transfer-and-transport agreements. At that point, the clinics filed a lawsuit claiming the law created undue burdens for women wanting abortions.

A federal district court accepted the clinics’ reasoning and declared the law unconstitutional. The 16-state brief asks the appeals court to reverse that decision.

Rather than being overregulated, abortion clinics in Kentucky actually face fewer rules than other medical facilities, Attorney General Hill noted. Kentucky’s ambulatory surgical centers not only must maintain the transfer-and-transport agreements but also must staff their facilities with physicians who have admitting privileges at area hospitals.

“Under the Constitution, states have the authority to pass and enforce reasonable laws,” Attorney General Hill said. “Requiring abortion clinics to maintain basic health and safety standards falls well within a state’s prerogative.”

Supreme Court Warns Against City, Town Court Judges Assuming Role Of Prosecutor

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February 5, 2019
for IndianaLawyers
A word of discretion was offered to judicial officers Monday when Indiana Supreme Court justices condemned the impropriety of assuming a prosecutor’s duties, a message shared in a disciplinary opinion elaborating on the judicial ban of a former New Haven City Court judge.
The high court gave additional insight into charges filed against then-New Haven City Court Judge Geoffrey L. Robison, who resigned Dec. 26 after he was charged with improperly assuming the duties of a prosecutor and wrongly approving infraction deferrals for juveniles.
Robison, who had served as city court judge since 2000 and was not an attorney, filed and processed infraction tickets without prosecutor approval, improperly used the prosecutor’s signature stamp to execute deferral agreements on infractions, and improperly placed 67 juveniles into an infraction deferral program, according to the Supreme Court’s Monday disciplinary opinion. The latter offense was a violation of Indiana Code section 34-28-5-1(f), but according to the opinion, Robison claimed he was unaware of a change in Indiana law that made minors ineligible for infraction deferral.
In a conditional agreement entered last month, Robison agreed to not perform judicial duties in the future. The New Haven City Council unanimously voted to close the city court at the end of 2018.

The Commission on Judicial Qualifications alleged Robison violated five provisions of the Code of Judicial Conduct, including rules 1.1, 1.2, 2.2, 2.9(A) and 2.12(A). But Robison denied that he committed misconduct, and considering that he is no longer a judge and that his court is now closed, the Supreme Court held that “continued litigation would be an inefficient use of limited judicial resources.”

Even so, the justices said their per curiam opinion was meant to clarify municipal courts’ power to administer infraction cases and infraction deferral agreements while also cautioning judicial officers against the impropriety of assuming the prosecutor’s duties.

“Put simply, trial courts may neither dismiss these deferral cases sua sponte nor use the prosecutor’s signature stamp to administer or execute infraction deferral agreements,” the court wrote. “Either action is an improper assumption of the prosecutor’s distinct role and flouts the Code of Judicial Conduct’s overarching goal of an independent, fair, and impartial judiciary.”

The high court noted Robison is not the first Indiana judge to face such allegations, citing two public admonitions against former Fremont Town Court Judge Martha C. Hagerty, who was admonished for repeatedly engaging, or allowing staff to engage, in ex parte conversations with a traffic infraction litigant and his attorney. It also cited the public admonition of Walkerton Town Court Judge Roger L. Huizenga, admonished for participating in an ex parte conversation with a defendant about the status of her traffic infractions and for assuming the role of the prosecutor when negotiating a resolution to the defendant’s case.

“While municipal courts are created by statute and empowered to decide only certain cases, their status as ‘special courts’ does not absolve them of the duties of a separate but co-equal branch of government,” the justices wrote. “Municipal court judges, like all judges, must endeavor to maintain, preserve, and protect the independence of Indiana’s judiciary, even when administering the lowest-level civil and criminal offenses.”

Disciplinary proceedings relating to Robison’s case were terminated. He will not be assessed costs, as the action was dismissed without a hearing and without a finding of misconduct by the panel of masters.

Tri-State Treasures: UE Equipment Manager Darryl Buente

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Tri-State Treasures: UE Equipment Manager Darryl Buente

This spring, longtime Aces equipment manager Darryl Buente plans to retire after a 37-year-long career serving athletes at the University of Evansville.

Buente’s love of purple is well known by fans, athletes, and faculty members. The color encompasses multiple aspects of his life including his wardrobe, attitude, and even his car.

His legacy at the University of Evansville is detailed in this latest installment of Tri-State Treasures.

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ADOPT A PET

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Dana is a young female black cat. She’s very shy at first and will need some time to warm up! Her brother Fox Mulder has already been adopted, and Dana’s hoping it’s her turn soon. She’s one of VHS’ longest feline residents. Her $40 adoption fee includes her spay, microchip, and more. Contact Vanderburgh Humane at (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

HOT JOBS IN EVANSVILLE

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MAIL HANDLER ASSISTANT
United States Postal Service 3.6/5 rating   19,178 reviews  – Evansville, IN
$16 an hour
Please ensure you can receive email messages from our test vendor and follow instructions carefully so you can be. Weigh incoming sacks;…
Jan 31
PSE MAIL PROCESSING CLERK
United States Postal Service 3.6/5 rating   19,178 reviews  – Evansville, IN
Please ensure you can receive email messages from our test vendor and follow instructions carefully so you can be….
Jan 31
Mate
IRHR – Evansville, IN
$200 – $250 a day
Valid Driver’s License. Driver’s License (Required). Supervises and assists deckcrew in general maintenance of the boat such as painting, chipping, and cleaning…
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Feb 1
Admin II
CorVel Corporation 3.1/5 rating   343 reviews  – Evansville, IN
Coordinates and maintains scheduling and event calendars, including travel dates and arrangements, appointments with customers, meetings and conference calls….
Feb 4
Ramp Agent
Delta Air Lines Global Services 4.2/5 rating   3,297 reviews  – Evansville, IN
$8.75 an hour
Must possess a valid Driver’s License for operating ground support equipment. Performs wing walker duties to protect the aircraft wing from equipment in the…
Feb 4
Chemical Operator
ORG CHEM-Group – Evansville, IN
$14 – $18 an hour
Must have driver’s license. Qualified applicants should have experience operating machinery in an industrial environment, mechanical aptitude,maintenance and/or…
Easily apply
Feb 4
Flower Truck & Floral Design Assistant
Wilde Horticulture – Evansville, IN
Assist in the design, construction, and installation of floral arrangements for special events and displays….
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Feb 4
RURAL CARR ASSOC/SRV REG RTE
United States Postal Service 3.6/5 rating   19,178 reviews  – Evansville, IN
$17.78 an hour
Applicants must have a valid state driver’s license, a safe driving record, and at least two years of. KSAs include Postal Service driving policies, safe…
Jan 31
Trivia Host
Live Trivia – Evansville, IN
Own reliable transportation. Active Cell Phone. Make great supplemental income and have fun doing it! As the region is ever growing, we will always be in want…
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Feb 2
Full Time Receptionist/Clerical Assistant
Data Mail, Inc. – Evansville, IN
$10.00 – $11.50 an hour
Responsibilities include answering a multi-line phone and routing calls as well as being able to answer some customer questions. Other clerical duties….
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Jan 30
Looking For A Pet Sitter For 2 Dogs In Evansville
Care.com 4.3/5 rating   1,025 reviews  – Evansville, IN
Evansville family needs a full-time pet sitter for 2 dogs. Must love animals!…
Feb 3
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Retired driver Derek Daly seeks at least $25M from WISH-TV in defamation suit

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Anthony Schoettle for www.theindianalwer.com

Retired race car driver and former motorsports broadcaster Derek Daly on Thursday filed a defamation lawsuit in Hamilton County seeking at least $25 million from his former employer, WISH-TV Channel 8, and its parent company, Irving, Texas-based Nexstar Media Group Inc.

The lawsuit claims WISH made false statements about Daly on Aug. 22 and Aug. 23 in online and broadcast stories related to racially charged comments former Indianapolis Colts announcer Bob Lamey allegedly made off the air.

And after Daly’s attorney notified WISH’s general manager and news director of the inaccuracies of the story, the lawsuit states, the station “failed and refused to publish a full and fair retraction of the false statements.”

In addition to punitive damages, Daly, 65, told IBJ he is seeking a correction and a public apology from WISH and Nexstar officials. WISH fired Daly, then its motorsports analyst, in the wake of the Lamey incident.

“They slandered my reputation and humiliated me and my family with false information,” Daly said.

WISH, in its news story, reported that more than three decades ago, when Daley was an open-wheel race car driver, he used a racial slur in an interview with radio personality Lamey.

Daly told IBJ this week that he has never been interviewed by Lamey and was not the source of the racial slur to which Lamey referred.

Lamey “mixed up where he thought he heard it from,” Daly said. “He mistakenly attributed the story to me, and WISH was informed by me four hours before their broadcast that Lamey’s story was not mine.”

In its story last August, WISH claimed Daly confirmed he was the source of Lamey’s story. Daly said that’s false.

“How could I confirm an interview that never happened?” Daly said. “I was never even asked by WISH if I was the source of Lamey’s story.”

A WISH spokesman told IBJ the station does not comment on personnel matters. When asked in an email whether WISH stands behind its story, the spokesman did not respond.

A Nexstar spokeswoman has not replied to IBJ’s request for comment.

Daly’s lawyer, longtime Hamilton County attorney Tim Stoesz, said the three-page lawsuit could be amended to add more defendants, but he did not elaborate.

When asked about the amount requested in the lawsuit, Daly responded: “My attorney took into account the colossal damage done to me and my family.”

Daly told IBJ he has had about 30 speaking engagements annually — which accounts for the majority of his income. Since August, he said he’s had one speaking engagement and numerous cancellations.

“Derek has already lost income as a result of this false story,” Stoesz said.

In addition, Lilly Diabetes pulled its sponsorship of a car driven by Daly’s son, Conor Daly, before a NASCAR Xfinity race last year, citing the elder Daly’s alleged comments.

“We are seeking $25 million in punitive damages, and I’m not sure that is enough to compensate Derek and deter WISH, Nexstar and other media outlets from making the same grave mistakes that have been made by the media repeatedly,” Stoesz added.

For a story published by IBJ on Aug. 23, Daly admitted he had used the N word in an interview in the early 1980s — shortly after coming to the U.S. from Ireland.

“In the early 80’s, after I had recently relocated to the United States, I was interviewed by radio reporter Larry Henry and I was asked about my situation with my new American team,” Daly said in an email to IBJ last August.

“I responded by explaining that I was a foreign driver now in America, driving for an American team, with an American crew, and with an American sponsor — and that if things did not go well, the only ‘n***** in the wood pile’ would be me.”

Daly explained last August: “At the time, I meant that I, as the new foreigner on the team, would shoulder the blame and I would be the scapegoat. This was not in any way shape or form meant to be a racial slur. This phrase was commonly used in Ireland, Britain, and Australia. When I used that phrase in the early 80’s, I had no idea that in this country that phrase had a horribly different meaning and connotation, as it was commonplace in Ireland.”

Daly, who worked for WISH for 30 years, said it wasn’t long before he found out about his mistake in the early 1980s.

“After moving to the United States, I quickly learned what a derogatory term it was,” he told IBJ last August. “When I was first informed of this, I was mortified at the offense I might have caused people. I have therefore never used the word since. I made this mistake once, but never again.”

Lamey’s version of the story referred to drivers holding back their speed.

WTHR-TV Channel 13 reported last August that an employee of Emmis Communications Corp. said Lamey used a racial slur off the air, in a conversation after a radio interview at Indianapolis Colts training camp. The employee said he was telling a story about when he worked at the Indianapolis Motor Speedway, sharing what someone else said at the track.

WTHR reported that the Emmis employee recalled: “He had asked me if the mics were off and I said, ‘Yeah, I turned everything off. You’re fine.’ Bob Lamey’s describing this person saying he was asked in an interview, ‘Do you think anyone’s holding back their speed at IMS during quals? Do you think anyone’s holding back?’ And that person had replied ‘there aren’t any ‘blank’ in this race.”

WTHR reported that Lamey didn’t say “blank” in retelling that story and used a racial slur. “He said the N-word, yeah. He thought it was OK to use that type of language at work.”

Daly and his attorney could be facing an uphill battle on several fronts. First, the legal team representing WISH and Nexstar are likely to be much bigger and have more resources than Stoesz’s law firm, Stoesz & Stoesz.

“We’re not concerned about litigation expenses,” Stoesz told IBJ.

In addition, libel cases against media outlets are notoriously difficult to win.

“Indiana has a very strong statute in protecting the First Amendment,” said Steve Key, executive director and general counsel for the Hoosier State Press Association. “You have to show that a media outlet printed or broadcast information that 1, is false and 2, was printed or broadcast with malice or reckless disregard for the truth,” he said.

Daly must demonstrate that WISH officials “ignored facts and knew the story was false. That can be a difficult thing to prove. The idea is you don’t want to have a chilling effect on the media’s role as watchdog for a democracy,” he said.

Media experts said WISH is unlikely to issue any public apology or correction because to do so would be an admission of wrongdoing and could open them up to future liability.

“I do not believe this is a complicated case,” Stoesz said. “This is clear: WISH-TV and Nexstar did not do their job properly.

The case is Derek Daly v. Nexstar Broadcasting Inc, WISH TV, 29D05-1902-CT-001348.