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Commentary: Oops Is Not A Strategy

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By John Krull
TheStatehouseFile.com 

INDIANAPOLIS – The tax “reform” measure conjured up by Republicans in the U.S. Senate took a tumble.

A $1 trillion tumble.

John Krull, publisher, TheStatehouseFile.com

That’s how much an independent analysis said the bill would add to the deficit if it becomes law. That’s even if the measure achieves the rosy-scenario growth targets its GOP backers promise.

Oops.

Republicans expressed surprise at the $1 trillion miscalculation – which, in itself, was shocking, because they’d taken so many precautions against making mistakes. Given that they have rushed their plan through with few, if any public hearings, not taken any expert testimony, not subjected it to serious scrutiny by economists and plotted in secret, how could they possibly have missed anything?

Even something as insignificant as a $1 trillion deficit.

A series of wins on procedural votes had led the GOP bigwigs to believe they were on their way to victory, their first significant one of this era in which they control the White House and both chambers of Congress.

But, just as they were getting ready to pop the corks on celebratory bottles of champagne, the unanticipated $1 trillion shortfall showed up like an uninvited party guest.

Republicans – desperate to deliver a tax cut to the mega-wealthy donor class that pays for those champagne bottles and terrified they’ll face primary challenges if they don’t – were scrambling to find both votes to pass the measure and money to cover the shortfall.

This is what happens when magic and myth substitute for logic and math.

The magic part is the supply-side faith that cutting taxes, particularly on the wealthy, somehow miraculously will result in more revenue for government. These supposed conservatives, who in other areas pride themselves on their hard-headed realism, seem to believe self-government is a mystical realm, the only human endeavor in existence in which free lunches do exist.

In this magical world, two plus two can equal three, five, 22 or, apparently, even X plus or minus $1 trillion.

This faith in magical calculations is enhanced by an equally fervent belief in the myth of the saintly plutocrat.

In the eyes of these supposed conservatives, business is benevolence. Putting more money in the hands of the uber-wealthy – or the “job creators,” as Republicans seeking campaign contributions love to flatter the donor class – means that everyone benefits. The rewards “trickle down,” because business owners selflessly invest their cash in the welfare of their employees, rather than pocketing themselves.

Right.

Most truly hard-headed economic analysis, in fact, shows the opposite – namely, that putting more cash in the hands of the folks at the bottom and middle of the economic ladder aids those at every rung.

When those who are poor or have middling incomes have more money, they spend it on the goods and services that drive the economy. The benefits don’t trickle down. Instead, they flow in every direction.

This is because the people who are buying these things aren’t doing so selflessly. They’re purchasing these products and services because they need to, because doing so enhances their lifestyles or even because they have seen something they want.

Building a tax structure that encourages such behavior involves what the founders of this country would have called “enlightened self-interest.”

The plan the Republican senators have come up with is heavy on the self-interest part and skips over the enlightened piece altogether.

America’s founders, of course, were products of the enlightenment. They placed their faith in logic and math, not magic and myth.

The Republican leaders swear now that they have the votes to pass their measure, which hadn’t even been drafted formally when they made the announcement that it would become law. It could be true. Maybe they count votes better than they do dollars.

In Walt Disney’s world, a dream is a wish the heart makes.

With the current Republican leadership in Washington, it also may be the closest thing we’ll see to a plan for governing America.

Footnote: John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Judge Sides With Simon, Bars Starbucks From Closing Teavana Stores

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Scott Olson for www.theindianalwayer.com

Simon Property Group Inc. has won a significant victory in its bid to stop Starbucks Corp. from closing 77 Teavana stores in its malls across the country.

Indianapolis-based Simon, the country’s largest shopping mall operator, sued Starbucks in August seeking temporary and permanent injunctions to prevent the coffee giant from breaching its leases —some of which extend as far as January 2027.

A Marion Superior Court judge has sided with Simon and granted the company’s request for the temporary injunction until the case is decided at trial, which is likely to occur next year.

“If the court were to allow Starbucks to close down its stores, abandoning obligations in the lease agreements, the court would be relieving Starbucks of the failed risk it took merely because Teavana has now proven to be unprofitable to Starbucks,” Judge Heather Welch wrote in her Nov. 27 decision.

Neither a spokesman for Simon nor a lawyer representing Starbucks returned messages seeking comment on the judge’s decision.

Seattle-based Starbucks announced in July that it planned to close all 379 of its Teavana stores in the next year, with most closures taking place in the spring of 2018.

In January 2013, Starbucks — led by then-CEO Howard Schultz — bought the Atlanta-based tea retailer for $620 million. At the time, Teavana had about 300 stores. Schultz predicted the business would swell in size and that his company “would do for tea what we did for coffee.”

The prophecy never came to fruition. Starbucks argued to the judge that it will lose $15 million if Teavana is forced to stay open in Simon’s malls until October, if forced to wait that long for a final decision from the court.

Teavana has shops in the Indianapolis area at Circle Centre mall, the Fashion Mall at Keystone, Castleton Square Mall and Greenwood Park Mall, as well as in the Southlake Mall in Merrillville and in University Park Mall in Mishawaka.

Welch said in her decision that she simply could award Simon the remaining rent owed for each of the 77 leases. But the amount would not adequately capture the harm Simon would suffer from the “sudden influx of unoccupied retail space.”

Welch’s decision hinged in part on continuous operations covenants included in Teavana’s lease agreements. The covenants require tenants, typically large retailers such as Starbucks, to operate in the leased premises continuously throughout the terms of the leases.

Simon claimed in its arguments that finding in favor of Starbucks would render futile any future attempts to enforce the covenants. The company already is struggling to fill mall space vacated by a slew of bankrupt retailers.

John Rulli, Simon’s president of malls and chief administrative officer, testified that the company’s malls have a total of more than 2 million square feet of vacancy due to bankruptcies on top of 500,000 square feet available from natural lease expirations.

For example, Simon submitted exhibits to the court showing that only 16 of the 72 retail stores closed as a result of The Limited bankruptcy have new tenants in them.

Starbucks, however, argued that no court has ever entered temporary or permanent injunctive relief to enforce continuous operations covenants against a non-anchor tenant.

“A review of the case law suggests Starbucks appears to be correct on this matter,” Welch wrote.

Welch directed Simon to post a $15 million security bond should the temporary injunction be found at trial to have been wrongfully ordered. The amount covers the $15 million Starbucks expects to lose by keeping the Teavana stores open until trial.

A pre-trial conference has been set for Dec. 20.

Vectren offers $225,000 in matching funds to support home weatherization programs

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Vectren Energy Delivery of Indiana (Vectren) will match dollar-for-dollar all public donations to its Share the Warmth Inc. program this winter, up to a total of $225,000. Share the Warmth, a 501(c)3 nonprofit organization, annually allocates funds to Indiana Community Action Agencies who administers Vectren’s Home Weatherization Program.

This weatherization initiative is designed to offer comprehensive long-term energy conservation benefits to single family homeowners that meet the state and federal guidelines for low-income. Through generous donations, Share the Warmth has weatherized 758 homes since 2007, making homes more comfortable and utility bills more manageable for those in need.

“Many income-challenged families are faced with higher than average energy bills because they often reside in older, inefficient homes with outdated furnaces and minimal insulation,” said Brad Ellsworth, Vectren’s president of Vectren Energy Delivery of Indiana-South. “If fully utilized, this program could yield an additional $450,000 to weatherize even more households in need.”

Tax-deductible donations can be made to Share the Warmth Inc., P.O. Box 931, Evansville, IN 47706-0931. More information and a contribution form are available at http://www.sharethewarmthinc.com.

Vectren Energy Delivery (Vectren) customers paying their bills online, also have the opportunity to round the payment up to the nearest dollar, donating the additional amount to Share the Warmth.

Customers choosing this option will see two separate deductions on their bank statement – one for their utility payment and one for Share the Warmth. By entering a valid email address during the payment process, the customer will receive an email detailing the donation for tax purposes.

Those who qualify for the low-income weatherization program will receive a free, on-site home energy audit to determine areas in need of energy-efficiency upgrades. Energy efficiency experts from the local Community Action Agency will then implement a number of efficiency measures on an as-needed basis, which may include: adding insulation in the walls or attic, sealing ductwork and air leaks and installing high-efficiency natural gas furnaces and/or water heaters.

Customers needing bill payment assistance or who are interested in the weatherization program may find the Community Action Agency nearest them by calling the Indiana Housing and Community Development Authority at 1-800-872-0371. Recipients of program dollars must be at or below 200 percent of federal poverty guidelines for most programs. Vectren’s Share the Warmth Program runs year-round. Donations are tax-deductible to the extent allowed by law.

 

New Chapter 13 Plan Form, Creditor Bankruptcy Rules Take Effect

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IL for www.theindianalawyer.com

New rules and procedures for individuals filing for bankruptcy under Chapter 13, and creditors certain bankruptcy cases will have less time to file proof of claims, federal courts announced.

Chapter 13 filers must use a new form that presents their payment plan in a more uniform and transparent manner. Creditors now will have less time to submit a proof of claim under the changes.

The new national Chapter 13 plan form will make it easier for creditors, lawyers and judges to ensure that all elements of a bankruptcy agreement reached under Chapter 13 comply with federal laws, the courts said. Chapter 13, sometimes known as the wage earner’s plan, enables qualified individual filers to reschedule and make debt payments, allowing them to keep their homes and other property.

Bankruptcy now must either use new national Bankruptcy Form 113, or create a locally adapted form that contains key elements of the national form. In recent months, courts have been updating electronic filing systems and notifying local bankruptcy lawyers and filers of the pending changes. Bankruptcy courts previously relied on local versions of Chapter 13 plans, which varied from district to district.

 Meanwhile, a new rule reduces from 90 to 70 days the deadline for creditors to submit a proof of claim in certain bankruptcy cases. The revision was contained in an amendment to Federal Rules of Bankruptcy Procedure 3002.
The new deadline will affect bankruptcies filed under Chapter 7, in which debtors liquidate assets; Chapter 12, which enables family farmers and fishermen to restructure their finances; and Chapter 13.
The Supreme Court transmitted the new rules regarding bankruptcy, as well as amendments to Appellate and Civil Rules of Procedure, and Rules of Evidence, to Congress. The new rules took effect Friday after Congress did not act to prevent their implementation.
The full list of the new rules, form amendments and the Current Rules of Practice and Procedure are available here.

Teen Taken Into Custody In Connection To Murder At Lawndale Apartments

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Teen Taken Into Custody In Connection To Murder At Lawndale Apartments

 A second murder suspect is taken into custody in connection to a deadly shooting at the Lawndale Apartments. The arrest happened Wednesday afternoon in Owensboro, Kentucky.

A 17-year-old juvenile is charged with complicit murder and robbery in connection to the shooting death of 21-year-old Devin Fields at the Lawndale Apartments.

Law enforcement received information that the juvenile fled and was in the Henderson/Owensboro area. The juvenile was located during a traffic stop in Owensboro.

The 17-year-old is being held in a juvenile detention facility at this time.

Last week, Illinois State Police and the U.S. Marshals Fugitive Task Force arrested 18-year-old Deangelo Pollard in connection to the Fields death. Pollard faces murder and robbery charges.

Pollard is being held in Illinois until he is extradited to Henderson.

On November 10th, Fields was found inside a vehicle with a gunshot wound. He was pronounced dead at the scene.

We will update information as it becomes available.

Deangelo Pollard

Britney Taylor

Web Producer

 

 

Massage Envy Promises Reforms Following Sexual Assault Reports

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Channel 44 News: Massage Envy Promises Reforms Following Sexual Assault Reports

 

Massage Envy announces reforms after more than 180 reports of sexual assault at spas around the country. The company says it will strengthen background checks for its massage therapists, and help customers report misconduct.

Massage Envy will also partner with the Rape, Abuse, and Incest National Network to create a victim support network and to come up with better policies.

The company was launched in 2002 and has almost 1200 franchise locations, including one in Evansville.

Britney Taylor

Web Producer

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The Indiana Pacers and Indiana Fever are coming to Evansville to partner with Evansville Police Department on toy give away.

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Event Location: Joshua Academy, 867 E. Walnut Street, Evansville, IN 47713

Time:10:00 AM (CST)

Attendees:
From Pacers/Fever:
PS&E Rep/PI staff: Eddie White
Community Relations staff: Richie, Kelli & Kristina
Indiana Pacemates: Brooke O. & Sierra
Mascots:Boomer & Freddy
Pacers Digital: N/A
Pacers Studio Production: Alec DeFord
Photographer: Frank McGrath

From Site: Deputy Mayor Steve Schaefer; Chief of Police Billy Bolin; Evansville PD officers; 70 pre-schoolers from Joshua Academy; Rev. Larry Rascoe, Councilwoman Missy Mosby, Councilman Jonathan Weaver

Otters Sign Rookie Reliever

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The Evansville Otters have signed relief pitcher Josh McClain of West Chester University to a 2018 contract.
McClain, 22, led West Chester to the 2017 Division II NCAA championship with a 10-2 record, 10 saves and 2.97 ERA in 29 games, all in relief.  McClain, a senior, was named most valuable player of the D-II College World Series with a 2-0 record and a 1.86 ERA.
He was also named Pennsylvania State Athletic Conference pitcher of the year in May.
A native of Tunkhannuck, Pa., McClain was 1-0 with a 2.66 ERA and eight saves in 23 games out of the bullpen in as a junior in 2016.
McClain began his collegiate career at Northampton Community College.
The Otters will face the Washington Wild Things at Bosse Field on May 11 to open the 2018 Frontier League regular season.