“READERS FORUM” SEPTEMBER 29, 2018
We hope that today’s “READERS FORUMâ€Â 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? WHATS ON YOUR MIND TODAY?Â
WHATS ON YOUR MIND TODAY?
Todays“Readers Poll†question is:  Do you feel when U.S. Senator Joe Donnelly announced that he opposes Judge Brett Kavanaugh’s nomination to the supreme court it will hurt his re-election chances?
If the 2019 City Council At-Large election was held today, what three (3) potential candidates would you vote for?
If you would like to advertise on the CCO please contact us City-CountyObserver@live.com
Troopers Must Face Suit From Black Motorists Stopped 2 Hours
Olivia Covington for www.therindianalawyer.com
A lawsuit against Indiana State Police troopers accused of unreasonably questioning two black motorists for more than two hours on the side of an interstate will continue after a federal judge rejected the troopers’ qualified immunity claims.
Indiana Southern District Court Judge Richard L. Young denied summary judgment to troopers Ryan Winters and Peter Stephan on Wednesday in Kenneth Nash et al. v. State of Indiana et al., 1:16-cv-02849. Kenneth Nash and his fiancée Tammy Williams, who are both black, sued the troopers after they were stopped on Interstate 65 near Lafayette in January 2016. Their lawsuit asserts a series of unreasonable search-and-seizure and false arrest claims.
At the time of the stop, Nash was driving a rented U-Haul that was hooked to a trailer carrying Williams’ 2004 Mercedes Benz. The two were traveling to Atlanta when they were pulled over at about 6:30 a.m.
Winters and a trainee trooper claimed to have stopped the U-Haul after witnessing the trailer crossing the fog line multiple times, though the defendants deny this. According to Young’s Wednesday order, Winters became suspicious when he noticed the vehicle on the trailer was not weighted down with personal belongings.
After stopping the couple, Winters then approached Nash and asked if he had been drinking or on his cell phone, which the driver denied. The trooper then took Nash’s license and registration to his squad car for a few minutes before calling Nash to the car for questioning about his relationship with Williams, where they had stayed and whether they had been in a fight, according to Young’s order.
Winters questioned Nash for about 20 minutes before asking to search the U-Haul and trailer, a request Nash initially denied. However, after being presented with a consent-to-search form, both Nash and Williams signed the form, claiming they believed they had no choice.
Meanwhile, Stephan and another trooper arrived on the scene and began asking Nash questions similar to those posed by Winters, who at that point had begun questioning Williams. Winters posed similar questions to Williams, but also asked her about the clothes — many of which still had tags on them — that were discovered in the U-Haul. When Williams said she paid for the clothes with a credit card, Winters asked her to write down her full name, birthdate, Social Security number and last three addresses.
Then, upon learning that Williams worked in home health care, Winters informed her that home health care providers tended to steal pills, credit card information and identities. In all, Williams’ questioning lasted for about 40 minutes.
Winters then returned to questioning Nash and accused the couple of stealing the clothes, running a credit card scam and committing identity theft, Young’s order says. In the end, after roughly 2½ hours of questioning, Nash was given a warning ticket for unsafe lane movement.
In their ensuing lawsuit, Nash and Williams raised unreasonable search and seizure, false arrest and false imprisonment claims under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution and the Indiana Tort Claims Act. Young denied summary judgment to Winters and Stephan on all counts, finding multiple genuine issues of material fact that defeated qualified immunity.
Specifically, the judge said there were disputes as to whether the troopers had reasonable suspicion for the traffic stop; whether the plaintiffs voluntarily consented to the search of the U-Haul; and whether the troopers had probable cause to arrest the motorists via the extended stop.
“As noted in the court’s Fourth Amendment analysis, the entire premise of the stop — not to mention the lengthy detention in ISP squad cars over matters unrelated to the initial purpose of the stop — is in dispute,†Young wrote. “Accordingly, the court must find there is a genuine issue of fact on whether the police intrusion by Winters and Stephan was reasonable under the circumstances.â€
Come Celebrate the City of Albion’s 200th Birthday
In celebration of this milestone, the city is inviting everyone for its Bicentennial Celebration in October. There will be food and craft vendors, live music, musical performances, a volleyball tournament and so much more.
The event will run Friday, October 12th through Sunday, October 14th.
Below is the list of scheduled events:
Friday, October 12th
- 9 a.m.: Until 4:30 p.m. Bicentennial Postmark
Available the Albion Post Office
- 4 p.m.: Albanian String band at the Pagoda
- 4:30 p.m.: Opening ceremonies at the Memorial Arch.
- 5 p.m.: Historical buildings and Courthouse open
- Cake Walk
- 6 p.m.: The Honey Vines perform on stage
- 8 p.m.: Jerome Thomas on stage
- 9 p.m.: Jason Bishop and James Obermeyer on stage until 11 p.m.
Saturday, October 13th
- 8 a.m.: ECHS Invitational volleyball tournament at the Linda Oxby gymnasium
- 9 a.m.: English Prairie Quilters quilt show at the House of Prayer
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Historical buildings and Courthouse will be open until 5 p.m.
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Caroline Kisiel, a George Flower & Morris Birbeck historian will be in town at various historical buildings throughout the day to give insight into the founding of Albion
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- 10 a.m.: Opening Ceremonies at the Memorial Arch
- Vintage car cruise-in along 5th Street until 2 p.m.
- Food and Craft vendors will open
- Historical artisans throughout the square
- Bounce Houses open
- Waterball tournament
- 11 a.m. Chowder will be served on the square. Sales will be bulk or carry-out only.
- Albanian String band on stage
- 1 p.m.: Cornhole tournament
- 1 p.m.: Tony Booth and Dennis Stroughmatt perform on stage
- 3 p.m.: Community band and choir as well as the ECHS band and Choir on stage
- 6 p.m.: Lance Miller performs on stage
- 7:30 p.m.: Lick Creek Band, stage to close out the festivities at 11
Sunday, October 14th
- 10 a.m.: Opening Ceremonies at the Memorial Arch
- 10:15 a.m.: West Village Christian church will provide the community church service on the main stage after opening ceremonies.
- Salt Creek String band will perform after the church service.
- 12 p.m.: Food and craft vendors open
- Lunch on the Bricks, 5th street
- 2 p.m.: Cupcakes
Comments
THE COLISEUM REVISITED
GAVEL GAMUTÂ By Jim Redwine
THE COLISEUM REVISITED
If CNN, MSNBC and FOX News were covering the entertainments in the Roman Coliseum in the First Century they would have been exhorting the lions. Of course, the reason for this is the ratings would suffer if they sided with the humans. The public demands spectacle, not fairness.
Or as Mark Twain opined: “One of the most striking differences between a cat and a lie is that a cat has only nine livesâ€. Pudd’nhead Wilson, Chapter VII.
In William Shakespeare’s Othello, Act 3, scene 3, Iago complains: “Who steals my purse steals trash …[But] who filches from me my good name robs me of that which (does not) enrich him [but] makes me poor indeedâ€.
Our current spectacle steals from both accused and accuser equally. When it comes time to clear the floor of the Congressional Coliseum no one will remain unscathed and we will all be poorer. Rome today is a decaying tourist amusement. The days of roads, aqueducts, legal systems, and Pax Romana declined with the declining investment of the citizenry in self-government. Today we would have to include the national media in this equation.
It is not that we do not know how to reasonably go about choosing our leaders such as presidents, legislators and supreme court justices, it is that it is a lot more fun to watch others being ripped apart than to engage in rational debate. Bring on the lions, we are bored with this democracy thing!
For more Gavel Gamut articles go to www.jamesmredwine.com
Or “Like†us on Facebook at JPegRanchBooksandKnitting
Ivy Tech Professor Receives Torchbearer Award
Donna Zimmerman, assistant professor and program chair of Advanced Automation and Robotics at Ivy Tech Community College Evansville Campus, was one of 12 women honored on Wednesday, Sept. 26, with the annual Torchbearer Award.
“I am humbled to be included with these ground-breaking women, Zimmerman said. “It is a pleasure for me to be able to work on projects that help the community and are of such interest to area women.†First Lady Janet Holcomb, Torchbearer Awards Honorary Chair, and the Board of Commissioners of the Indiana Commission for Women (ICW) presented the awards.
According to the ICW, this prestigious award recognizes women from around the state who have broken down barriers, overcome obstacles to women’s full participation, and have made Indiana a better place to live, work and raise a family. As an engineer, Zimmerman is a visible example of what young women might become. She spends every day in her lab and/or within the community teaching women of all ages the skills needed to successfully compete within the engineering and manufacturing sector.
Zimmerman has presented to national audiences about interactive lab software and has presented frequently on teaching techniques. Zimmerman will be presenting at an international conference in October 2018 on a prosthetic device design using 3D printers. She is active in the community, having taught and led many educational efforts including robotic camps, workshops, and competitions, and is partnered with the YMCA to bring STEM activities to underserved areas of the community.
Zimmerman’s passion is service to the disabled through service learning in her classes. Projects include modifying a wheelchair to enable a student’s ability to stand in automotive classes and using robotic skills to modify devices used in teaching disabled students. She has received the Ivy Tech President’s Award for Excellence in Instruction (2017), the National Institute for Staff and Organizational Development Excellence Award (2017), the 21st Annual Celebration of Leadership Award (2017), and the Ivy Tech Community Engagement Award (2016).
Invalid Absentee Ballot Applications Which Were Being Circulated.
Yesterday, County Clerks and Election Administrators in Indiana received an email from the Indiana Secretary of State’s Office, informing us of some invalid absentee ballot applications which were being circulated. It is attached and reads as follows:
Dear County Clerks and Election Administrators,
It has come to our attention that invalid absentee ballot applications are circulating. These applications have the instructions removed, voiding the application. If you receive one of these applications, please contact the voter and ask them to fill out a valid application immediately so there is time to remedy the situation.
It is the responsibility of organizations conducting absentee and voter registration campaigns to be familiar with Indiana law. We know there are absentee and voter registration efforts of organized groups not familiar with Indiana rules. This may cause you to get a batch of applications with problems. If you know who the group is, please notify my office so we can get in contact with them and try to correct the issue going forward.
As always, if I can be of assistance in any way, please let me know.
Sincerely,
Connie Lawson
Indiana Secretary of State
FOOTNOTE: At the time of the email, the source of the applications was not known. Later in the day, I learned that one of my employees had actually received one of the applications in the mail and I forwarded a copy to the Secretary of State’s Office. I have attached the mailing my employee received. Her name and address have been redacted to protect her identity. I have also attached a valid application (ABS-MAIL)
So far, the Vanderburgh County Election Office has received 18 of these invalid applications. We are contacting these voters to let them know there is an issue and mailing a valid application to them. If a voter has concerns as to whether or not the application they submitted is valid, they may contact the Election Office. If they have already received a ballot in the mail, then they may assume there was no issue.
Cross Country Heads to Louisville for Weekend Slate
The University of Southern Indiana men’s and women’s cross country teams are back in action Saturday, September 29 at the Greater Louisville Classic in Louisville, Kentucky at E.P. “Tom” Sawyer State Park.
Last year the Eagles men’s team finished second out of nine teams in the silver race led by junior Nathan Hall (Springfield, Missouri) who finished first overall out of 77 competitors while traversing the 8-kilometer course in 25:27.8.
The men’s team will sit its top nine runners for this year’s meet in preparation for the Conference Cross-Over in Romeoville, Illinois on October 6.
On the women’s side, USI finished second in the 2017 silver race led by junior Micalah Booher (Pendleton, Indiana) who finished third just ahead of her teammate, junior Ellie Tjelmeland (Springfield, Illinois) in fourth out of 45 racers on the 5-kilometer course.
USI will compete in the Blue Race division this year with GLVC members Bellarmine, Indianapolis, and Illinois-Springfield. Several Division I teams are also on the line for both squads in Arkansas State, Austin Peay, Marquette, Morehead State, and Western Kentucky. Other notable Division II members in the blue race include Ferris State, Hillsdale, Mercyhurst, and Southwest Baptist.
TAKE NOTE:
- E.P. “Tom” Sawyer State Park is the same course that the Eagles will run on for the Great Lakes Valley Conference Championships in November
- Both men’s and women’s squads made no movement in the latest USTFCCA National and Regional polls at ninth and 15th, respectfully, in the nation
- USI still remains the top-ranked GLVC team in each poll
- This is the first time this season the USI men will compete on an 8-kilometer course. They will stay at this distance of racing (equates to 4.97 miles) until the GLVC Championships where they’ll transition to a 10-kilometer race for the rest of the postseason
- This is the last week the women will race a 5-kilometer distance before making the switch to a 6K (3.73 miles) the rest of the season
- Sophomore Jennifer Comastri (Indianapolis, Indiana) finished first at the Stegemoller Classic going into the weekend
UE Athletics introduces Purple Reign Rewards app
The University of Evansville athletics department is proud to announce the new student rewards program – Purple Reign Rewards presented by Old National Bank and powered by SuperFan.
Purple Reign Rewards is for current UE students. It is available on the iTunes App Store and Google Play. Students simply download the app, attend events, obtain points, and spend the points in our prize store. Prizes include Aces swag, special offers and gift cards from over 12 restaurants, unique experiences, and more! Search “Purple Reign Rewards†to find the app.
“We are thrilled to partner with SuperFan to offer our students the premier loyalty and fan engagement platform in the industry,†UE Assistant AD for Marketing and Fan Engagement Scott Peace said. “A huge thank you to Old National Bank for sponsoring our new Purple Reign Rewards Program.â€
SuperFan is the leading fan loyalty & engagement company in college sports today. It is changing the way your school, team, and alumni association communicate with fans today. Founded in 2011 by two fans themselves, Chris Nowak & Kayla Mount saw schools struggle with attendance at school-wide events, wasting marketing dollars on brand awareness, over-looking potential fans, and an overall lack of fan data.
“We know that our partnership with the University of Evansville will yield lots of excitement this year,†says Kayla Mount, Co-Founder and COO of SuperFan. “The fan experience is so important to engaging students, so we look forward to great collaboration with lots of fun outcomes in the near future.â€
SuperFan was born from necessity to help schools connect with their fans, find out who their fans truly are, engage & reward them, and provide schools with data they never had before to help them market smarter.â€
Students can download the app for free today on the App Store or Google Play. The first event available for check-in is the men’s soccer match against Butler on October 2 at 6 p.m. To check-in simply, enter the stadium, check-in on the app any time 1 hour prior to kickoff until halftime, and earn points!