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“IS IT TRUE” NOVEMBER 20, 2018

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We hope that today’s “IS IT TRUE” 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? 

IS IT TRUE that a story was overlooked by the mainstream media at last Friday’s Vanderburgh County Election Board meeting?  …that the Election Board made a unanimous referral (3-0) that an illegal campaign flyer is referred to Vanderburgh County Prosecutor Nick Hermann for criminal investigation and prosecution?  …the campaign flyers are illegal because they do not have the required disclaimer under Indiana Code Sec. 3-9-3-2.5 which identifies who paid for the political material and whether any candidate approves of the material if paid by someone other than the candidate?  …these illegal campaign flyers were mailed from Milwaukee, WI throughout the State of Indiana including Vanderburgh County just days prior to the Mid-term elections? …the criminal penalty under Indiana Code Sec. 3-14-1-3 for circulating these illegal flyers concerning Senator Braun and the Libertarian senatorial candidate without the required disclaimer is a Class A misdemeanor, punishable by up to a $5,000 fine or 1 year in jail, or both? …that the CCO hopes Prosecutor Hermann will take this election law violation referral from the Vanderburgh County Election Board very seriously?  …we hope that Mr. Hermann will devote the full resources of his office to helping ensure we have free, fair and legal election law campaigning in Vanderburgh County and all other counties in Indiana?

IS IT TRUE yesterday we were informed that Mr. Duckworth graciously announced that he will not seek a recount on the race between him and Jeff Hatfield  …we wish Mr. Duckworth the best in his future endeavors and thank him for serving the people of Vanderburgh County with distinction for the last 30 years?

IS IT TRUE that the midterm elections are finally over but a couple of people that supported Mike Duckworth for County Commissioner still can’t accept the official election results? …we are told they are blaming different groups and individuals for Mr. Duckworth’s defeat? ..the real reasons why that Mr. Hatfield won the election was that he ran a well organized and issue-based campaign? ..his finance committee did an incredible job in raising money (almost $200,000) to fund his campaign? …Mr. Hatfield proved to be an effective and aggressive campaigner?  …Mr. Hatfield’s business, organizational, and people skills also proved to be big assets to the campaign?

IS IT TRUE we are told that Evansville Mayor Lloyd Winnecke is practicing to get ready to shoot his re-election video? …we hear that the Mayor will demonstrate his HULA HOOP skills while wearing his “Chicken Fat” suit? …we hear that he will be showing some real dance moves while spinning the Hula Hoop?  …we are told that his political handlers hope that this re-election video will show the voters what they can expect if the Mayor is re-elected to his third term?

IS IT TRUE if only the powers that be would have listened to past County Commission Dave Mosby, Vanderburgh County wouldn’t be experiencing the current jail overcrowding problem today?  …Mr. Mosby wanted an additional pod added to the jail plans that would have housed 250 more inmates about 20 plus years ago?

IS IT TRUE we have been told because of the increases in the County Income Option Tax (CIOT) and the Wheel Tax that Vanderburgh County may now have the money to fund a reasonable expansion of the county jail?

IS IT TRUE some folks living in the 4th Ward are worry that the practice of gentrification may be happening the near downtown area?

IS IT TRUE that the Vanderburgh County Public Defender’s Agency plays an important role in our social fabric by ensuring that those who can least afford legal representation in our Courts are fully protected?

IS IT TRUE that Vanderburgh County Clerk Carla Hayden and her staff did an outstanding job in conducting the recent midterm election?

IS IT TRUE last year we did a  “Readers Poll” the question asking  “Do you feel that the partnership agreement between the StatehouseFiles and the City-County Observer is really a big deal”?   …a whopping 585 people voted in this poll?  …459 people voted yes (78%), 74 voted no (13%) and 52 (9%) said that they had no idea in this non-scientific but trendy poll?  …it looks like the majority of our readers agree with our decision concerning the publishing of the StatehouseFiles articles because it the second most read section behind “IS IT TRUE” column?  …it also looks like we made the right decision in selecting former State Representative Gail Riecken as our Statehouse Community Editor?

IS IT TRUE that the “TROLLEY” of Evansville Districts (TED) project mission is to support Evansville’s blossoming entertainment and cultural districts? …we wonder if “TROLLEY” has helped in the redevelopment of our urban core, and growing tourism industry? …the “TROLLEY” project is sponsored by the non-profit Franklin Street Events Association and is also a joint venture between FSEA and GAGE. …if you would like to support this project here’s the link to do so    https://www.patronicity.com/project/trolley_of_evansville_districts_ted#!/?   

Todays“Readers Poll” question is: Who do you feel should pay the $100,000 overtime pay incurred by the Evansville Police Department for security provided during President Trump visit?

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We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.
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Business And Health Leaders Call For Lawmakers To Triple Cigarette Tax

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Business And Health Leaders Call For Lawmakers To Triple Cigarette Tax

November 19, 2018,

By James Polston
TheStatehouseFile.com

INDIANAPOLIS — A coalition of business and health professionals launched a campaign Thursday calling for Indiana lawmakers to increase the state’s cigarette tax by $2 per pack during the 2019 legislative session.

For the second straight year, the Raise it for Health Coalition is pushing for the higher tax on cigarettes, which is currently $1 per pack. The group is made up of more than 130 partner organizations with one common goal—improving the health of Hoosiers.

Kevin Brinegar, CEO of the Indiana Chamber of Commerce, said the chamber has achieved its goals of building an attractive business climate with low taxes, limited regulations, and a good infrastructure.

 

But the state lags behind the rest of the nation in health measures with a smoking rate that is 50 percent higher than the national average. Indiana ranks 38th in overall health.

“We don’t generally strive just to be average,” Brinegar said. “But if we were average in this category we would be saying we would be saving employers billions of dollars a year.”

Brinegar said smokers in the workplace cost employers $6.2 billion in higher health care costs, absenteeism and lost productivity.

Emily Scott, vice president of the Indiana Academy of Pediatrics, works primarily with babies and sees the effects of smoking every day.

“Babies are especially vulnerable to the effects of tobacco use during a mom’s pregnancy,” Scott said.

Scott said pregnant women who smoke are depriving their babies of oxygen, making it more likely for the child to be born premature, at a low birth weight or with a cleft lip or cleft palate or worse, dying in infancy.

“Unfortunately, these risks add up to big problems in Indiana,” Scott said. The state ranks 42nd in infant mortality.

Scott said there are 12,000 smoking-affected births each year in Indiana and 14 percent of pregnant women smoke, or twice the national average.

“When a woman smokes during her pregnancy, there is a higher chance that she will not take home a healthy baby from the hospital,” Scott said.

Raise it for Health Coalition data projects if lawmakers would increase the state’s cigarette tax by $2 per pack, the state would raise more than $350 million and Indiana would be in the top 10 for public health funding if all cigarette tax revenue is put toward health initiatives.

The federal government is also taking steps to curb smoking rates. Thursday, the Food and Drug Administration announced efforts to combat the raising underage use of tobacco by imposing strict sales restrictions on flavored e-cigarettes and plans to ban menthol cigarettes and flavored cigars.

FOOTNOTE:  James Polston is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

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Charter School Religion Suit Defendants Awarded Costs

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Olivia Covington for www.theindianalawyer.com

After dismissing a First Amendment complaint that alleged a Monroe County charter school violated religious protection laws, a district court judge has awarded the Indiana superintendent of public instruction nearly $1,500 in costs and is considering an award of more than $1,800 for the school.

Defendants Jennifer McCormick, who was sued in her official capacity as state superintendent, and Ellettsville’s Seven Oaks Classical School, Inc., sought more than $3,300 in costs after prevailing on summary judgment in Indiana Coalition for Public Education – Monroe County and South Central Indiana, Inc. v. Jennifer McCormick, 1:17-cv-01295. The Coalition for Public Education filed the suit in April 2017, challenging the portion of the Indiana Charter School Act that allowed Grace College, a religious private college in Winona Lake, to authorize a charter for Seven Oaks.

Specifically, the coalition — which is comprised of Monroe County public school teachers and employees who support traditional public schools — alleged the act violates the First Amendment Establishment Clause by allowing religious schools to authorize charters and the Indiana Constitution by allowing religious authorizers to receive up to 3 percent of public funds diverted to their charter schools. After initially letting the case proceed last November, Indiana Southern District Chief Judge Jane Magnus-Stinson dismissed the complaint about lack of subject-matter jurisdiction.

Seven Oaks then sought $1,853.34 and McCormick sought $1,490.74 in costs, including the costs of depositions, pro hac vice fees, and docketing fees. McCormick’s costs specifically targeted deposition fees, and Magnus-Stinson agreed to award $1,490.74 to each defendant, though only to the extent the defendant actually paid for deposition transcripts.

The chief judge also agreed to award Seven Oaks a $20 docket fee, which is an “authorized statutory fee for prevailing parties under 18 U.S.C. section 1923.” But she stopped short of granting the school the full $1,853.34 it requested, agreeing with the coalition that the school “failed to submit any proof that it — as opposed to a law firm or other outside group — actually paid (the costs).”

“The Court rejects Seven Oaks’ assertion that who paid its costs is ‘irrelevant and none of the plaintiff’s business,’” Magnus-Stinson wrote, citing Neal v. Honeywell, Inc., 191 F.3d 827, 833 (7th Cir. 1999). “… Donated or otherwise uncharged costs may not be recovered. Moreover, given the facts of this case, the court finds it unreasonable to require the Coalition, with its limited resources … to shoulder a cost that Seven Oaks itself did not bear.”

To that end, the chief ordered Seven Oaks to file a verified notice identifying its costs actually paid, except those disallowed under case law, by Dec. 3. She also gave the school the option of withdrawing its bill of costs.

Further, Magnus-Stinson denied Seven Oaks’ request to recover the $300 it spent on pro hac vice fees, noting “Seven Oaks chose to have six attorneys, including three who were not members of this Court’s bar, appear on its behalf. Only one of the three admitted pro hac vice signed his name to any substantive filings.”

“Nonetheless, Seven Oaks (or another nonparty) paid for three pro hac vice fees, which adds up to over one fee for ‘lifetime admission to this court’s bar,’” she wrote. “And parties may not ‘charge to an opposing party the costs of lifetime admission to the bar.’”

Finally, Magnus-Stinson declined to find the coalition indigent, noting it has an annual income of $600 to $1,600 and has about $2,500 on hand, which is “already committed to paying for brochures, publicity, and our routine advocacy activities.”

“The fact that the Coalition may have to rearrange its spending from its preferred advocacy activities to pay the costs of this lawsuit does not demonstrate that it cannot or will not be able to pay the costs with future income,” the chief judge said. “Moreover, the costs claimed in the case amount to a modest $3,044.08 (once the $300 disallowed pro hac vice fees is excluded), and may total even less once the sums Seven Oaks did not actually pay are excluded. The Court, therefore, declines to disallow Defendants’ bills of costs based upon the Coalition’s asserted indigency.”

Women Students, Expelled After Reporting Assaults, Sue Purdue

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Women Students, Expelled After Reporting Assaults, Sue Purdue

November 19, 2018

 Marilyn Odendahl

Purdue University has been hit with another lawsuit over expelling students following investigations into allegations of sexual assaults, but in this instance, the students banished from the school were the accusers.

The plaintiffs, who filed under the pseudonyms of Mary Doe and Nancy Roe, claimed the university retaliated against them after they each reported separate attacks by different male students. They claim Purdue violated Title IX while the investigation was “slipshod” and the investigators made “discriminatory assumptions” about each woman’s behavior.

“Purdue treated the Plaintiffs as if they were the accused harassers, imposed lesser penalties on the male students who were accused of harassment, and punished the Plaintiffs for making protected Title IX complaints,” the complaint stated.

The lawsuit, Mary Doe and Nancy Roe v. Purdue University, et al., 4:18-cv-00089, was filed Nov. 13 in the U.S. District Court for the Northern District of Indiana.

According to the complaint, Purdue has implemented a policy that allows for women to face discipline, including expulsion, if they cannot prove their claims to the satisfaction of the university’s decisionmakers. Both women have since appealed, and their expulsions have been converted to two-year suspensions.

Purdue is not the only Indiana university facing lawsuits over investigations into sexual assaults. To date, at least 10 complaints have been filed in federal court against at least six Indiana institutions of higher education. However, this appears to be the first lawsuit filed by the accusers who were dismissed after alleging they were assaulted.

Doe, 20, claims she was assaulted in her dorm room by a male student who had threatened another female student’s life and had since been excluded from the campus. She reported the incident to university policy and spoke with a university investigator but then exercised her right to refrain from participating in the investigation.

The lawsuit asserts the university held Doe’s decision not to take part in the investigation against her and did not give her notice that she had become the target of the investigation. In the end, Purdue alleged Doe had fabricated the assault and expelled her.

Roe, 21, alleges she was assaulted by a male student who walked her to her dorm room after she became intoxicated at a fraternity party. The male student, according to the complaint, served the drinks to Roe.

Although Roe was incapable of consenting, she claims the male student sexually assaulted her, choked her, and made audio recordings of the assault. Roe received medical treatment for her injuries and reported the incident to the university. Purdue investigated and determined Roe had made the report maliciously and expelled her.

Both women are alleging Purdue violated Title IX by denying them federally guaranteed equal access to educational opportunities and by suspending them, which was unlawful retaliation. They also claim the decision to suspend them violated their constitutionally guaranteed right to equal protection and due process.

The women are seeking reinstatement to Purdue and an award for compensatory and punitive damages plus attorney fees.

This is the second lawsuit filed against Purdue University filed after the school’s investigation into another allegation of sexual assault. The first lawsuit, filed by a male student identified as John Doe, claimed the university used a “Kafkaesque process” to investigate the accusations made against him by a former girlfriend.

Similar to the two women students, Doe asserts Purdue violated Title IX as well as the 14th Amendment’s right to due process. He claims the investigation into the allegations did not include any kind of hearing, allow for cross-examination or sworn testimony, and he was not provided access to the evidence, so he could not adequately defend himself against the allegations.

The university determined John Doe violated the school’s anti-harassment policy and suspended him for one academic year.

Doe filed a lawsuit but after the Northern District of Indiana Court granted summary judgment to Purdue, he appealed to the 7th Circuit Court of Appeals, Oral arguments in John Doe v. Purdue University et al., 17-3565, were heard Sept. 18, 2018.

 

Evansville Rescue Mission Preparing Food Baskets For 1,700 Tri-State Families

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Evansville Rescue Mission Preparing Food Baskets For 1,700 Tri-State Families

NOVEMBER 19TH, 2018 AMANDA PORTER INDIANA

The Evansville Rescue Mission is filling up the Old National Events Plaza with everything needed for a Thanksgiving meal.

Over 1,700 Tri-State families will be receiving food baskets filled with turkey, macaroni, green beans, stuffing mix, and more.

After a chapel service, a food assembly line will run several times throughout the day to help Tri-State families celebrate the holiday with a full table.

“Families will be walking away with 40 to 50 items worth of food in a makeshift box donated by Vincennes’ Packaging Corporation of America,” says Evansville Rescue Mission vice president of development Chris-Michael Morrison.

“40 plus schools have donated their time and collection efforts as well as churches, businesses, and it’s just to be a testament of how generous and how giving our Tri-State is.”

Donations of stuffing mix and 14 ounces of canned yams are still needed, as well as infant coats and accessories for the Coats For Kiddo’s Drive.

The Rescue Mission is accepting donations until 8 p.m. tonight.

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Alondra Vazquez named MVC Freshman of the Week

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Vazquez had her best weekend of the season

 Fresh off of her best weekend of the season, University of Evansville volleyball player Alondra Vazquez was named the Missouri Valley Conference Freshman of the Week in an announcement by the league on Monday.

Vazquez had an excellent weekend as the Purple Aces made history with their second-ever win over UNI.  In Friday’s win over the Panthers, Vazquez recorded 25 kills and 25 digs, both career highs.  She added two aces, two block assists and an assists.  In the efficient effort, she hit .279 in the 5-set win.

Evansville took Drake to five sets on Saturday and Vazquez added 14 more kills and 19 assists.  She notched two block assists and one solo block.  For the weekend, Vazquez led UE in kills and digs with 3.90 and 4.40, respectively.

In her first season at UE, Vazquez completed the year with 3.08 digs per set, which ranked second on the team.  On the offensive side, she ranked third for the Aces with 2.56 kills per game.  She had a total of 21 service aces, 18 blocks and 19 assists in 2018.

 

Women students, expelled after reporting assaults, sue Purdue

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Marilyn Odendahl for www.theindianalaewyer.com

Purdue University has been hit with another lawsuit over expelling students following investigations into allegations of sexual assaults, but in this instance, the students banished from the school were the accusers.

The plaintiffs, who filed under the pseudonyms of Mary Doe and Nancy Roe, claimed the university retaliated against them after they each reported separate attacks by different male students. They claim Purdue violated Title IX while the investigation was “slipshod” and the investigators made “discriminatory assumptions” about each woman’s behavior.

“Purdue treated the Plaintiffs as if they were the accused harassers, imposed lesser penalties on the male students who were accused of harassment, and punished the Plaintiffs for making protected Title IX complaints,” the complaint stated.

The lawsuit, Mary Doe and Nancy Roe v. Purdue University, et al., 4:18-cv-00089, was filed Nov. 13 in the U.S. District Court for the Northern District of Indiana.

According to the complaint, Purdue has implemented a policy that allows for women to face discipline, including expulsion, if they cannot prove their claims to the satisfaction of the university’s decisionmakers. Both women have since appealed, and their expulsions have been converted to two-year suspensions.

Purdue is not the only Indiana university facing lawsuits over investigations into sexual assaults. To date, at least 10 complaints have been filed in federal court against at least six Indiana institutions of higher education. However, this appears to be the first lawsuit filed by the accusers who were dismissed after alleging they were assaulted.

Doe, 20, claims she was assaulted in her dorm room by a male student who had threatened another female student’s life and had since been excluded from the campus. She reported the incident to university policy and spoke with a university investigator but then exercised her right to refrain from participating in the investigation.

The lawsuit asserts the university held Doe’s decision not to take part in the investigation against her and did not give her notice that she had become the target of the investigation. In the end, Purdue alleged Doe had fabricated the assault and expelled her.

Roe, 21, alleges she was assaulted by a male student who walked her to her dorm room after she became intoxicated at a fraternity party. The male student, according to the complaint, served the drinks to Roe.

Although Roe was incapable of consenting, she claims the male student sexually assaulted her, choked her, and made audio recordings of the assault. Roe received medical treatment for her injuries and reported the incident to the university. Purdue investigated and determined Roe had made the report maliciously and expelled her.

Both women are alleging Purdue violated Title IX by denying them federally guaranteed equal access to educational opportunities and by suspending them, which was unlawful retaliation. They also claim the decision to suspend them violated their constitutionally guaranteed right to equal protection and due process.

The women are seeking reinstatement to Purdue and an award for compensatory and punitive damages plus attorney fees.

This is the second lawsuit filed against Purdue University filed after the school’s investigation into another allegation of sexual assault. The first lawsuit, filed by a male student identified as John Doe, claimed the university used a “Kafkaesque process” to investigate the accusations made against him by a former girlfriend.

Similar to the two women students, Doe asserts Purdue violated Title IX as well as the 14th Amendment’s right to due process. He claims the investigation into the allegations did not include any kind of hearing, allow for cross-examination or sworn testimony, and he was not provided access to the evidence, so he could not adequately defend himself against the allegations.

The university determined John Doe violated the school’s anti-harassment policy and suspended him for one academic year.

Doe filed a lawsuit but after the Northern District of Indiana Court granted summary judgment to Purdue, he appealed to the 7th Circuit Court of Appeals, Oral arguments in John Doe v. Purdue University et al., 17-3565, were heard Sept. 18, 2018.

Marcus Henderson signs with UE men’s basketball

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University of Evansville head men’s basketball coach Walter McCarty has announced the signing of Marcus Henderson to a National Letter of Intent to play for the Purple Aces starting in 2019.

Henderson is a 6-2 guard from Charlotte, N.C. who attends United Faith Christian Academy.

“Marcus is a natural leader who will shoot the ball very well for us.  Every shot he takes looks like it is going in,” McCarty said.  “He really knows how to play the game; he can process it and really has a good understanding of how to play basketball the right way.  He can play point guard, pass it, play off the ball, he is just a good all-around basketball player with a high IQ.”

Last season, Henderson played for Statesville Christian High where he averaged 12.5 points, 4.3 rebounds, 6.1 assists and 2.2 steals per contest.  He helped his team to a 27-6 record.

“We are looking forward to getting him here with our guys, he fits in very well with what we do.  I think he is a college-ready player right now.  He can step in and play both guard positions,” McCarty explained.  “He has an understanding of how to use his skills to take advantage of defenders.  Marcus is incredible for a kid so young.  He will fit right in and fight for minutes.”

 

Henderson will be a true freshman for the Aces next season.

 

Holly’s House Hires Holly M. Edmond as Executive Director.

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Holly’s House, a local child and adult victim non-residential advocacy center, has hired Holly M. Edmond as their new Executive Director. Before coming to Holly’s House, Edmond was employed as a project manager at BWX Technologies where she was responsible for maintaining multi-million dollar budgets, managing a cross-functional team while working with the U.S. Navy during a U.S. Department of Defense highest priority program. She was an Accounting Major at Indiana University, Bloomington, from which she holds a Bachelor of Science Degree in Business, Cum Laude designee. She also has an advanced degree in Business Administration from Anderson University, Anderson, Indiana.

The Holly’s House Search Committee said, “Holly brings business acumen, as well as an understanding of the non-profit sector, to the position. She is committed to continuing the high quality services provided by Holly’s House. Her compassion for the community has been demonstrated throughout the years by her willingness to share her expertise with many local non-profit agencies. We are pleased that she will be leading Holly’s House as we begin our next decade of service to the region.”

Holly’s House is a non-residential child and adult advocacy center providing services for victims of child abuse, domestic violence and sexual assault in Southwest Indiana.  The mission of the organization is to empower victims of intimate crime and abuse by providing support, promoting justice and preventing violence. For more information, please visit www.hollyshouse.org.

 

PUSH THE LIMIT AT TROPICANA EVANSVILLE!

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St. Louis band, Push The Limit, keeps the holiday party in full swing at Tropicana Evansville’s 421 Lounge this weekend!

Push The Limit delivers a high-energy show with five vocalists and a rhythm and horn section.  Their non-stop show pushes all boundaries with a musical repertoire of Contemporary, Top 40, Dance, Pop, Disco, Motown, Jazz, Country and Ballads!

Bring your friends to Push The Limit’s debut at 421 Casino Lounge on Friday, November 23 from 7PM-12AM and Saturday, November 24 from 7PM-10:30PM.  Must be 21.  No admission fee, just a two-drink minimum for a night of fun!

After Saturday’s performance, DJ Jones Capone deals out the perfect mix to keep you dancing from 11PM-2AM!

For more information, contact Bobbi Warren, Bobbi Warren Productions, at 812-401-0094 or bobbi.warren@att.net.

 

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