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STORM WARNING

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Raging Moderate by Will Durst

You don’t need a weatherman to see that the storm clouds gathering around Team Trump are serious. And since the only permanent member of Team Trump is The Donald himself, this squall is shooting straight down Pennsylvania Avenue, with that hard-candy shell of a hair-helmet above the chair behind the desk in the Oval Office square in its crosshairs.

The tempest is dark and swirly with fierce offshore winds like one of those nor’easters that’s ravaged New England the last couple months. Several systems of individual flurries have begun to merge, taking on bulk and velocity, threatening to escalate into one of those upper echelon categories of blizzards.

It’s the kind of storm with golf-ball sized hail that leaves dimples on car hoods and white-out conditions shutting down interstates. And American radar models forecast enough downpours to bury the president up to his ears. The European models indicate a larger depth.

The barometer is dropping precipitously on several fronts. Bimbo Eruptions multiply like thunderheads on a midwestern summer afternoon including one suspiciously named Stormy. Raising the sticky question of whether paying to kill a salacious story constitutes illegal campaign contributions or just being really smart.

The recent raid on the offices of Trump’s longtime personal lawyer, Michael Cohen, which seized records and perhaps recordings, has staffers quivering like a shaved poodle duct-taped to the foul pole of Wrigley Field during a night game in April. Nobody knows what sort of shenanigans Cohen was up to, but everyone suspects he is a consigliere with secrets. Fredo’s consigliere.

Former FBI Director James Comey’s new book calls The Great Pretender not just a liar, but an orange unethical dangerous mob boss liar with baby hands. The president, in response, tweeted that the professional Boy Scout from the Justice Department is a “leaker and a liar” and a “slimeball.” Not an epithet normally heard coming from the highest office in the land.

That’s right, the guy who paid a porn star $130,000 to keep quiet about an affair he had just months after his third wife gave birth called someone else a “slimeball.”,Which is like a hooker calling the queen a whore. Or Martin Shkreli complaining he’s being gouged at the prison commissary. Shouting that the other guy has dust on his lapels from the middle of a pig-sty.

And although his sentence was commuted by George W Bush, Scooter Libby was never pardoned for his convictions of perjury, obstruction of justice and lying to the FBI. So perhaps Trump remedied that situation as a signal to his associates that he doesn’t think these crimes are very important. Wink-wink, nudge-nudge. “Don’t worry boys. I got your back, your front and your sides.”

His own party is pulling out the bullet-proof umbrellas. Fearing a blue wave the size of a nuclear- powered tsunami, Speaker of the House Paul Ryan didn’t just ditch the ship but the pier and the entire harbor itself.

And slowly riding in on the horizon… Mueller is coming. Mueller is coming! And it can’t be too comforting that special prosecutor Robert Mueller bears a slight resemblance to the Night King from Game of Thrones. Right about now Donald Trump might be best served by looking for a fire-breathing dragon.

Maybe that’s what John Bolton is for.

FOOTNOTE: The City-County Observer posted this article without bias. opinion, or editing.

Justices To Weigh How Right To Publicity Affects Fantasy Sports

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IL for www.theindianalawyer.com

The Indiana Supreme Court has agreed to consider how Indiana’s right-to-publicity statute affects the fantasy sports industry in order to provide guidance to a fantasy football case pending in the 7th Circuit Court of Appeals.

The federal appellate panel hearing Akeem Daniels, et al. v. FanDuel, Inc. and DraftKings, Inc., 17-3051, certified the case to the Indiana Supreme Court in March to answer this question: “Whether online fantasy-sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.” The certification came after the U.S. District Court for the Southern District of Indiana dismissed three former college football players’ lawsuit against FanDuel and DraftKings.

Ex-Indiana University receiver Nick Stoner and ex-University of Northern Illinois players Akeem Daniels and Cameron Stingily sued the fantasy sports sites for allegedly using their names, photos and statistics in their fantasy football wagering programs without the players’ consent. The players appealed to the 7th Circuit to reinstate their case, but the appellate panel declined to rule in light of the pending question.

“We appreciate the possibility that the answer to the question we have framed may not end this case,” Judge Frank Easterbrook wrote in March. “Defendants say that the Constitution supersedes any right of publicity that Indiana may recognize.”

“It would be inappropriate for us to decide that question, however, without knowing exactly what it is that state law provides,” Easterbrook continued. “Otherwise we are at risk of issuing an advisory opinion.”

Counsel for both sides must file principal briefs by May 18, and response briefs will then be due on June 9. The court also invited amicus curiae to file briefs by the May 18 deadline.

The justices will hear oral argument on the certified question at 10:30 a.m. on June 28.

Gov. Holcomb Nominates 156 Opportunity Zones

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Gov. Eric J. Holcomb has submitted Indiana’s 156 Opportunity Zone nominations to the U.S. Secretary of the Treasury. The federal Opportunity Zone program was created in the 2017 Tax Cuts and Jobs Act and provides federal capital gains tax incentives to attract private sector investment to low-income urban and rural communities.

“This new program provides one more tool to attract investment and help more of our Hoosier communities succeed,” Gov. Holcomb said.

The federal initiative allows up to 25 percent of a state’s eligible low-income census tracts to be designated as Opportunity Zones. For Indiana, that meant Gov. Holcomb could nominate a maximum of 156 census tracts. Once approved by the U.S. Department of the Treasury, the designations remain in place for 10 years—encouraging long-term investment in the selected communities.

The full list of nominated census tracts is available online here.

These selections were made after much public input and careful consideration, looking at both community need and potential opportunity for investment. The state collected extensive economic data on all eligible census tracts and received close to 2,000 recommendations, including input from 357 local officials, stakeholders and citizens via an online portal.

With support from the Governor’s Office and several state agencies, an external advisory group convened by Gov. Holcomb provided the final list of recommendations to the governor. That advisory group was comprised of five geographically diverse members: Ann Murtlow from Indianapolis (president and CEO, United Way of Central Indiana), Don Villwock from Edwardsport (former president, Indiana Farm Bureau), Leigh Morris from La Porte (former mayor, La Porte), Brenda Gerber Vincent from Fort Wayne (chief development officer, Lifeline Youth & Family Services) and Keeley Stingel from Salem in Washington County (executive director, Homeless Coalition of Southern Indiana).

The 156 nominated census tracts are located in 58 counties covering all or portions of 83 cities and towns throughout the state. Upon approval of the Secretary of the U.S. Treasury, these Opportunity Zones will cover over 1,000 square miles and the residences of over 500,000 Hoosiers. The average poverty rate in these census tracts is 31 percent.

 

Purple Aces Athletics Announces Establishment Of Radio Network Featuring Coverage In Tri-State Area

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The University of Evansville unveils for the first time a multi-station radio network announced today by Director of Athletics Mark Spencer. Concurrent with the 2018-19 collegiate athletic season, Purple Aces fans will have the opportunity to hear the live game action and the coaches’ show for men’s basketball, as well as select women’s basketball, baseball and soccer games.

The multi-year agreement is in partnership with The Original Company, which owns the five stations encompassing the Purple Aces Radio Network. The respective list of participating stations and programming to be covered are as follows:

·       WJPS 107.1 – Evansville/Boonville (*Flagship station)
o   All men’s basketball games, coaches shows, select baseball, and soccer; women’s basketball when no conflict

·       WAOV 1450/97.7/97.3 – Vincennes
o   All men’s basketball games, coaches shows

·       WRCY 1590/106.7 – Mt. Vernon
o   All men’s basketball games, coaches shows (not conflicting with Purdue)

·       WROY 1460/92.1 – Carmi, IL
o   Al men’s basketball games, coaches shows

·       WYFX 106.7 – Evansville
o   All men’s basketball coaches show

“The team at The Original Company and WJPS, Purple Aces’ flagship, are excited about the partnership between the University of Evansville and our current and future listeners not only in Evansville but around the Tri-State Area,” said The Original Company President Mark Lange.

Working alongside Spencer and the athletics administration in leading this effort of creating a radio network is Learfield’s newly established Purple Aces Sports Properties. The on-campus team is solely dedicated to representing the University of Evansville. All aspects of the multimedia rights relationship between Learfield and the Purple Aces are led by the property’s General Manager Brandon McClish.

“The support we’ve had from Learfield and its Purple Aces Sports Properties team in a short amount of time already has been tremendous, and we couldn’t be more pleased to debut a multi-station radio network for our fans for the first time in the history of our athletics programming,” said Spencer. “We’re incredibly excited to extend our brand through a new platform like this and appreciate The Original Company supporting the Purple Aces.”

McClish, an Evansville resident for 15 years, will work with local and regional businesses looking to align with the Purples Aces as part of his role. He is the former director of business development for Evansville-based Empire Contractors, and he also previously served four seasons as director of operations for the Evansville Otters. McClish is a member of the West Side Nut Club and is Chairman of the Ambassadors for the Southwest Indiana Chamber of Commerce.

Evansville is one of nearly 130 collegiate institutions, conferences, and arenas represented by Learfield. The company’s rich history includes over four decades of developing trusted, long-term relationships with some of the most revered institutions and associations in the world of college sports. Additionally, it titles the Learfield Directors’ Cup and offers its partners professional concessions and ticket sales; branding, licensing and trademark consulting; digital and social platform expertise; campus-wide business and sponsorship development.

Several First Responders Receive Commendation Awards for their Efforts during a Recent Fire

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Earlier today at the annual Indiana State Police Spring Awards Ceremony at the Indiana Government Center in Indianapolis, several Knox County first responders and two Indiana State Troopers received Commendation Awards for their rescue efforts during a residential fire in Vincennes on December 31, 2017.

While Troopers Nick Hatfield and Jordan Lee were responding to the fire they overheard on their radio that one person had already jumped from the roof, but another person was still on the roof and there was another person in a second story apartment. When officers arrived, Trooper Hatfield ran to a fire truck to retrieve a ladder to rescue the man still on the roof, but before he returned Deputies Doug Roberts and Cameron Carr had lowered the man to the ground. Trooper Hatfield and Vincennes Police Officer Jordan Christie then located the woman that had jumped from the roof.  She had broken bones and a head injury. Officers carried her to a safe area and away from the toxic smoke.

Trooper Lee, Knox County Deputy Byron Fourman and Vincennes Police Officers Joshua Gewirtzman and Jonathon Alexander had climbed an outside stairwell to try and locate the woman who was still in the second story apartment, but they were pushed back by flames and heavy smoke. Vincennes City Fire Captain James Beamon then used a fire hose to attempt to enter the second story to locate the woman. Trooper Hatfield, Trooper Lee and Deputy Roberts followed the firefighter to assist, but the roof of the structure was engulfed in fire and everyone had to give up their position for their own safety. Troopers Hatfield and Lee assisted the fire crew by manning a fire hose until additional firefighters arrived. Sadly, the structure collapsed and two people died in the fire, but others survived.

“This tragic incident is an example of the close working relationship and trust that has developed not only between the Indiana State Police and various Knox County law enforcement agencies, but also the Vincennes Fire Department. The officers are to be commended for their bravery in the service of their community. Their actions represent what all First Responders should strive to be,” said Lieutenant Brian Bailey, Commander of the Evansville District.

Evansville Trooper Brock Buchanan Receives Commendation Award

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Trooper Brock Buchanan received a Commendation Award earlier today at the annual Indiana State Police Spring Awards Ceremony held at the Indiana Government Center in Indianapolis.

On February 4 at approximately 1:00 a.m., multiple emergency crews were dispatched to a vehicle in the Wabash River, west of Oaktown. Trooper Buchanan was on-duty in the area and immediately responded. Buchanan is also a certified diver and on the Indiana State Police South SCUBA Team. Although two men were able to escape from the vehicle after it plunged into the Wabash River, their wives were not able to and they both drowned. It was determined that this was a recovery incident and members of the Indiana State Police SCUBA Team were called to the scene to begin operations. Senior Trooper Mike Taylor from the Putnamville District, Trooper Chris Lockman from the Seymour District and Trooper Dustin Whitaker from the Sellersburg District also responded to the scene.

The weather conditions were horrible with freezing rain and snow. The air temperature was in the high 20’s with wind gusts to 35 mph and the vehicle was approximately 12 feet below the surface. The current of the river was estimated to be greater than 1.5 knots, which created complications attaching a 50 foot cable from a tow truck to the submerged vehicle. The current was so strong that it caused pressure on the regulators causing them to freeze and the divers were unable to breathe underwater. One diver had his full mask come off after the tow cable pulled off his air hose. After numerous attempts they were finally able to attach the cable to the submerged vehicle. The tow truck was able to pull the vehicle to the surface and both victims were recovered.

The actions of our Troopers during this nearly seven hour recovery detail and the diligent efforts to remove the vehicle during extremely hazardous conditions warrant a Commendation Award for a job well done.

Nature News From Wesselman Nature Society

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THANK YOU
VOLUNTEERS

This week is National Volunteer Week and is an opportunity to celebrate the impact of volunteer service and the power of volunteers to come together to tackle tough challenges, and build stronger, more resilient communities. Wesselman Nature Society would not be here without our volunteers. In 2017, our volunteers logged more than 10,000 hours of service to our organization. We could not survive without the dedication of our volunteers. From reading stories, leading crafts, and flipping pancakes, to filling bird feeders, maintaining trails, and serving on our board; our volunteers fill so many roles. We thank you from the bottom of our hearts!
LEARN MORE

When You Find A Baby Animal

Spring has sprung which means baby season for many wild animals. We are currently fielding many calls a day from local residents about animals that they have found. Please know that Wesselman Woods Nature Center is not a licensed rehab facility, and therefore cannot receive injured or orphaned animals of any kind. It is also illegal to drop off animals in the Nature Preserve. More times than not, the best answer to what to do if you come across any type of wildlife with no obvious signs of injury or illness is to leave it alone. For more information about what to do in specific situations, visit our website.

Gov. Holcomb Calls Lawmakers Back for Special Session May 14

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Gov. Eric J. Holcomb today issued a proclamation (attached) calling a special session of the 120th Indiana General Assembly Monday, May 14, 2018. The Constitution of the State of Indiana provides that the governor may call a special session at his discretion if he believes public welfare requires it.

“I’m calling lawmakers back to take action on the critical issues of school safety and federal tax conformity,” Gov. Holcomb said. “And, with sharp focus, I’m confident they can finish this work in a single day.”

The governor’s to-do items listed below were included in the final versions of the following bills: SB 242, HB 1230, HB 1315 and HB 1316.

Schools and School Safety

  • Deliver on the governor’s request for additional funding for the Indiana Secured School Fund by providing $5 million now and for fiscal year 2019. These additional funds will allow the state to provide increased financial support for school safety to more schools.
  • Allow school corporations to obtain funding advances of up to $500,000 for school security equipment and capital purchases. Total advances may not exceed $35 million.
  • Provide Muncie schools a one-time $12 million loan to remain operational and make needed capital improvements.

Federal Compliance Issues

  • Update the state’s tax code to conform with federal tax changes by updating state’s conformity date to Feb. 11, 2018. Indiana’s current conformity date is fixed by statute at Jan. 1, 2016. If the state’s conformity date is not updated, taxpayers will calculate their taxes twice to file—once under 2018 rules for federal taxes and once under 2016 rules for state taxes.
  • Comply with IRS rules to protect federal taxpayer information and assure access to federal tax data.

 

 

 

ADOPT A PET

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Sadie is a female German Shepherd/Husky mix. She’s just a year & a half old, so she has plenty of puppy left! Like many Shepherds, she is energetic and smart so she’ll need daily walks and maybe even doggie daycare to keep her mind & body in tip top shape. Her $110 adoption fee includes her spay, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for details!

COA: Inmate’s implied consent to adoption upheld but feels ‘unjust’

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A conflicted Indiana Court of Appeals panel on Friday affirmed an adoption order in which a prison inmate who was the child’s biological father objected, but was deemed to have given implied consent for failing to put his name on the state’s Putative Father Registry.

Father J.R.C. has been serving time in the Department of Correction for a meth conviction since before 4-year-old K.A.W. was born. In February 2016, adoptive parents filed their adoption petition.

The prior December, father had filed a motion to establish paternity and petitioned for a DNA test that confirmed he was the child’s father. He later filed a motion to contest the adoption, but the child’s mother later consented. J.R.C. did not register on the Putative Father Registry until late August 2017.

The Harrison Circuit Court found that because the father had not registered on the Putative Father Registry before the adoption petition was filed, his consent to the adoption was irrevocably implied. The Court of Appeals grudgingly affirmed in a pointed opinion in In Re the Adoption and Paternity of K.A.W., J.R.C. v. J.C. and D.C., 31A01-1712-AD-2797.

“Putative Father makes a compelling argument that the purpose of the Putative Father Registry is to ensure that putative fathers have notice if someone is seeking to adopt their child(ren). I.C. § 31-19-5-3,” Judge John Baker wrote for the panel. “In this case, Putative Father not only had notice, he was an active participant; first, he took the initiative to file a pro se paternity action and then, he actively took part in the adoption proceedings.”

“Here, therefore, there was no true reason that he had to register. Indeed, it feels as though this outcome is not only nonsensical, but unjust; it feels as though his action of filing the paternity cause should have been enough to preserve his right to object; it feels as though this is the ultimate ‘gotcha’ outcome,” Baker wrote. “In a perfect world, we would reverse. But this world is not perfect, and the statute says what it says, which is that the failure to register in a timely fashion leads to irrevocably implied consent. We are compelled to affirm the trial court given the plain language of the statute at issue.”J.R.C. also argued the adoption should not have been granted because adoptive parents did not submit an affidavit from the Department of Health stating whether he had registered as a putative father or had filed a petition to establish paternity.

“Putative Father is correct that such an affidavit is required, see I.C. § 31-19-11-1(a)(4), but in this case its omission was harmless. Everyone, including Adoptive Parents and the trial court, was on notice that Putative Father had filed a petition to establish paternity and, in the end, had registered as a putative father,” the panel held. “Moreover, Putative Father had actual notice of the adoption and was an active participant in the proceedings. Consequently, any departure from statutory procedure in this regard was harmless.”

The court did offer advice in a footnote to family law attorneys who may face such situations: “(T)he takeaway for practitioners (though we acknowledge that Putative Father instituted his paternity action pro se) is that the best course of action under circumstances similar to these would be to register with the Putative Father Registry contemporaneously with—or even before—the filing of a paternity action.”

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