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AG Curtis Hill seeks U.S. Supreme Court ruling against California’s restrictive farming regulations

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            Actions aimed at protecting Indiana farmers from aggressive over-regulation

Attorney General Curtis Hill announced today his office has joined a 12-state effort to challenge in the U.S. Supreme Court attempts by California to impose agricultural regulations on Indiana and other states.

The lawsuit opposes a California law requiring egg producers in all other states to comply with California’s farming regulations regarding housing of poultry in order to sell eggs in that state. The suit claims that California’s regulations violate both a federal law prohibiting states from imposing their own standards on eggs produced in other states and the Commerce Clause of the U.S. Constitution, which gives Congress exclusive authority to regulate commerce among and between states.

In 2016, a three-judge panel of the Ninth Circuit Court of Appeals ruled that an earlier group of plaintiff states lacked standing to pursue their claims in this regard. Today’s filing in the U.S. Supreme Court, however, answers this assertion by providing a careful economic analysis that establishes the impact of these burdensome regulations.

“This case involves a concept known as horizontal federalism,” Attorney General Hill said. “Under the Constitution, states must respect one another’s sovereign prerogatives.”

Especially worth noting, he added, is that the California law has nothing to do with the quality of the products sold to consumers.

“Obviously, every state has the right to regulate products based on such factors as consumer health and safety,” Attorney General Hill said. “It’s another thing altogether for one state to sit in judgment of other states’ manufacturing and production processes – and to erect barriers to products from other states based upon that judgment.”

In the case against California, Indiana joins lead plaintiff Missouri along with Alabama, Arkansas, Iowa, Louisiana, Nebraska, Nevada, North Dakota, Oklahoma, Utah and Wisconsin.

States’ legal complaints against other states must be filed directly in the U.S. Supreme Court, as Congress has provided that “[t]he Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.” 28 U.S.C. § 1251(a).

Hannah Noe named MVC Newcomer of the Week

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Following a pair of impressive scoring performances on the road, University of Evansville women’s basketball graduate guard Hannah Noe has been named Missouri Valley Conference Newcomer of the Week, it was announced in a release by the conference office on Monday.

The Dexter, Missouri native fueled a 12-6 run with back-to-back-to-back three-pointers as she tallied 13 points on 4-9 shooting from beyond the arc in the Aces’ loss at WKU. On Saturday, Noe recorded the second-best scoring outing of her career with 29 points, including six triples, in Evansville’s 82-73 loss at Austin Peay.

Noe currently leads the MVC in scoring and sits 71st nationally averaging 18.2 points per game, while also topping The Valley in three-pointers made per game with 3.7 per contest, the 11th-best average in the nation.

The honor is the second of the season for Noe, who captured conference player and newcomer of the week recognition on November 13 for her 33-point performance in an 89-81 victory over Murray State.

The Aces wrap-up a three-game road trip on Tuesday when they face 20th-ranked Kentucky at 6 p.m. (CT) on the road in Lexington, Kentucky.

Local Author to Read to Fairlawn Students

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Local Author to Read to Fairlawn Students
Wednesday, December 6
1:10 p.m.
Fairlawn Elementary School, 2021 S. Alvord Blvd.
To help get students in the holiday mood, and to allow them to personally meet a real-life author, local author Angela Karcher will visit Fairlawn Elementary School tomorrow to personally read her newest book, Santa’s Gift, to kindergarten students. The book is about the large Santa statue that has recently been refurnished and relocated on Highway 41.

Suspects in Custody after Shots Fired during Old Henderson Road Burglary

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The Vanderburgh County Sheriff’s Office and Evansville Police Department have arrested two suspects in connection with a home break-in that resulted in shots being fired and a subsequent vehicle pursuit.

On Monday, December 04, 2017 at 8:38 AM the Vanderburgh County Sheriff’s Office responded to the 15000 block of Old Henderson Road in reference to a residential burglary that had just occurred.

As deputies traveled to the address, the victim reported to 911 that two suspects wearing masks had entered the screened-in porch to their residence. The victims retrieved their firearms and confronted the suspects. The suspects reportedly ran to their vehicle and fled the property. The victims discharged their weapons at the suspect vehicle as it fled down the driveway.

A vehicle pursuit began after the suspect vehicle was observed a short time later on Old Henderson Road by responding sheriff’s deputies. The pursuit continued onto Tekoppel Avenue from Old Henderson Road. The Sheriff’s Office discontinued the pursuit when the suspect vehicle began to approach Tekoppel School.

A description of the suspect vehicle and occupants was given out as a Be On the Lookout (BOL) to all Sheriff’s Office and Evansville Police Department units. Evansville Police later found the suspect vehicle parked at Cedar Trace Apartments and noticed a bullet hole in the passenger side front bumper.

Police officers located the suspects nearby and took them into custody. Sheriff’s deputies recovered two firearms from the suspects, one of which had been reported stolen. A search warrant has been applied for to search the suspects’ burgundy 2012 Chrysler 200 sedan.

The investigation is ongoing and the suspects may face additional charges.

ARRESTED:

Prince Charles Jones (pictured above), 21, of Evansville. Burglary as a Level 4 Felony, Theft as a Level 6 Felony, Resisting Law Enforcement as a Level 6 Felony, Possession of a Stolen Firearm as a Level 6 Felony, False Informing as a Class A Misdemeanor, Criminal Mischief as a Class A Misdemeanor, Possession of Marijuana as Class B Misdemeanor, Failure to Appear Warrant

Diana Elizabeth Ellmers (pictured above), 25, of Newburgh. Burglary as a Level 4 Felony, Possession of a Stolen Firearm as a Level 6 Felony, Theft as a Level 6 Felony

Presumption of Innocence Notice: The fact that a person has been arrested or charged with a crime is merely an accusation. The defendant is presumed innocent until and unless proven guilty in a court of law.

 

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

Students, first lady decorate Statehouse Christmas trees

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By Adrianna Pitrelli
TheStatehouseFile.com

INDIANAPOLIS —’Twas three weeks before Christmas when students sat on the floor, ready to fill the Statehouse with Christmas decor. They listened to the first lady, her friends and First Dog Henry, while patiently hoping Santa would come down a chimney.

“We have gathered here at the Statehouse for our annual decorating party,” First Lady Janet Holcomb told students gathered in the rotunda Monday morning. “It’s a tradition here at the Statehouse that has been carried on for many years.”

The children sat ready to listen as Holcomb read them “’Twas the Night Before Christmas.”

A performance of “Jingle Bells” and “O, come All Ye Faithful” by Pike High School’s choir was a show stopper. Pike High School is Gov. Eric Holcomb’s alma mater.

Henry was at Monday’s Hoosier Holiday event wearing a red Christmas collar. Despite the attention he received from the crowd, he never made a holler.

About 250 students from around the state made ornaments for the trees. As part of the festivities, each student put an ornament on the tree.

“These ornaments look great — good job,” Holcomb said to the children as they helped decorate three of the 11 Statehouse trees donated as part of the Indiana Christmas Tree Growers Association annual project. “Merry Christmas. Thank you for the help.”

Holding an ornament made of applesauce and cinnamon, one student said in a loud voice, “I can’t wait to hang this up on this big, fancy tree.”

The beautiful, tall green Christmas trees fill the atrium for the 58th consecutive year. For Indiana’s first lady, decorating them brought a lot of holiday cheer.

“It’s a great way to kick off the holiday season at the Statehouse,” Holcomb said. “And we are glad everyone is here to be able to participate in the event and join us today.

Adrianna Pitrelli is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

IS IT TRUE DECEMBER 5, 2017

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We hope that todays “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 the official “Swim Meet Time Clock” located at the Northside Lloyd Pool has been broken for over a year? …this situation needs to be corrected right away?

IS IT TRUE earlier this year ECHO Housing officials announced plans to turn a vacant warehouse at 101 N. Garvin St. into 27 one-bedroom units of housing for the chronically homeless?  …once completed this project is estimated to cost $6.1 million? …earlier this year the ECHO Housing Executive Director said “that her organization will commission a “Mural” to be painted on the side of this apartment building? …it’s our opinion that putting a painted “Mural” on the side of apartment building for the homeless is a total waste of our hard earned tax dollars?

IS IT TRUE a couple years ago officials at ECHO Housing and Evansville DMD commissioned a “Mural” to be painted on the side of a building located directly behind McDonalds restaurant on the corner of North Main and the Lloyd Expressway?  … the officials responsible for this project declared that this “Mural” will enhance the opportunity of bringing economic development to the North Main Jacobsville area? …we were told that an out of town artist was hired to help paint this abstract “Mural” costing many of thousands of dollars? …we urge you to drive to the North Main McDonalds and look at the vacant building directly behind it and tell us if this painted “Mural” would motivate you to locate a business on North Main Street?

IS IT TRUE that unbeknownst to the powers that be, who were so busy celebrating a $18 Million bike lane and a much too narrow roadway the only grocery store in Jacobsville has announced that it is closing?…this sort of creates a food desert right in the middle of a politician proclaimed up and coming neighborhood?…among other reasons given by the Buehler’s IGA for closing the doors was the high levels of theft that were occurring at the store?…this is the same kind of criminality that supposedly killed the Wesselmans, the Sunshine Market, and another market at the same location over by the old Lincoln School?…a grocery store is a vital part of any redevelopment effort and this loss is a serious loss for many reasons?…it also sets the stage for more degradation and for less possible gentrification?…whether one likes it or not, gentrification is the source of money to sustain a retail business including a grocery store and more importantly a population that does not feel so entitled to the inventory on the shelf that they will steal it on a daily basis?…once again for those who didn’t learn last time, if you want to clean up places like Jimtown and Jacobsville, the first step is to get rid of the Jims and Jacobs who rob and pillage everything that is put there? …good paying jobs, reliable public transportation,  affordable and livable housing, good schools, affordable daycare services, a quality grocery store and accessible and affordable healthcare would go a long way in helping people in that area?

IS IT TRUE that we noticed that the McCurdy is still $750,000 in arears for 6 months of water bills to the City of Evansville for having installed an open loop geothermal system?…that amounts to roughly $1,500 per month per apartment just for the water bill?…like it or not this level of charge is the death knell of the business model that led to the refurbishment of the historic building?…in 2008 the City of Evansville killed a business model for an old folks home to placate the insatiable desire of the past Mayor for feel good pictures and grandiose claims?…in 2017 after the project was completed by another developer the City of Evansville has killed another business model?…we understand that the open loop system is what created the bill, but that is clean water and there needs to be some solution?…if there is no solution then the date with the wrecking ball is once again just a matter of time?

IS IT TRUE that last Friday Brian Ross of ABC News reported incorrectly that a guilty plea for lying to the FBI about a meeting that was held after the election was going to result in a sworn finger being pointed at President Trump for colluding with Russians to steal the election?…now the story has been recanted, clarified, and disavowed, the reporter has been suspended for lying and the stock market dropped 350 points over a lie told in a “we interrupt this broadcast for important news” manner?…Brian Ross is just a new reader who doesn’t have the authority to interrupt anything?…like it or not, this was fake news and it plays right into President Trump’s claim that the media is lying through their teeth to undermine his administration?…last Friday that is exactly what happened?…we wonder what kind of a price ABC will pay for this terrible miscarriage of journalism?

IS IT TRUE we are hearing that well known Democrats Ed Bassemier, Amy Word-Smith, Kristen Burckhartt are considering a run for the Evansville City Council At-Large seats in the next city election? …we are told that Alex Burton will not be a candidate for the 4th Ward City Council seat?  …if current City Council member Jonathan Weaver doesn’t run for Mayor, we predict that he will run for re-election for At-Large City Council seat?

IS IT TRUE we also wonder when construction will begin on the old downtown YMCA annex building?  … this building has been vacant of at least 30  plus years?  …a couple of years ago we read in the local newspaper that developers were going to turn this former 5th Street YMCA annex building into housing for the homeless? …we hope that this proposed housing project doesn’t turnout to be another downtown “Pie In The Sky” venture that can’t get bank financing?

IS IT TRUE that Mayor Winnecke re-election political war chest has a whooping $400,000 in it?

IS IT TRUE hear that several individuals living in this area want to become the next CEO of the Greater Area Chamber of Commerce ?  …all we heard from the Chamber folks doing the last several years is buy local?  …if the Chamber want people to buy local they should hire local?  …we consider local folks to be extremely qualified and talented and should be considered as serious contenders for the vacant Greater Area Chamber of Commerce CEO position?

Todays “Readers Poll” question is: Do you feel that our tax dollars should be spent on putting painted abstract Murals on side of buildings?

Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our advertisers

 

VA Failed to Report 90 Percent of Poor-Performing Doctors

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Stars and Stripes | 05 Dec 2017 | by Nikki Wentling
WASHINGTON –– The Department of Veterans Affairs fails to report 90 percent of poor-performing doctors to national and state databases intended to alert other hospitals of misconduct, according to findings released Monday by the Government Accountability Office.

The government watchdog found VA officials were slow to investigate when concerns were raised about the performance of certain doctors. Further, in eight out of nine cases, the VA failed to report doctors who didn’t meet health care standards.

“Until [the Veterans Health Administration] strengthens its oversight of these processes, veterans may be at increased risk of receiving unsafe care through the VA health care system,” the GAO concluded.

The findings were based on reviews of 148 instances of complaints against VA medical providers at five hospitals from 2013 to 2017. The concerns ranged from unsafe or inconsistent practices to doctors incorrectly recording patient visits.

The VA failed to document about half of those cases, the GAO found. For 16 doctors, the VA waited multiple months or years to initiate reviews of complaints.

During that time, nine doctors were disciplined by the VA for possible professional incompetence or misconduct, or they resigned to avoid disciplinary action. But the VA didn’t report any of them to state licensing boards, and only one was reported to the National Practitioner Data Bank. Those databases are designed to inform other health care facilities about doctors’ past performance.

In one instance, a doctor who resigned from the VA while under investigation was not reported, and later hired to another, non-VA hospital in the same city. Two years later, that hospital disciplined the doctor for the same conduct that prompted the VA investigation, the GAO reported.

The GAO is recommending the VA improve oversight of how concerns raised about doctors are reviewed and documented. In response to the watchdog report, VA Deputy Chief of Staff Gina Farrisee wrote the agency agreed with the recommendations and would comply with them by October 2018.

“Without documentation and timely reviews of providers’ clinical care, [VA] officials may lack information needed to reasonably ensure that providers are competent to provide safe, high quality care to veterans,” the GAO report reads.

The U.S. Office of Special Counsel has recently received complaints from whistleblowers that seem to back up the GAO findings of VA leadership failing to address concerns about doctors, inspectors wrote.

A subcommittee of the House Committee on Veterans’ Affairs is planning to meet Wednesday morning to discuss the report publicly.

Read the full report here.

YESTERYEAR BY PAT SIDES: White Swan Laundry

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White Swan Laundry

In December 1937, White Swan Laundry hired Santa to tout its delivery service as “a Christmas gift for her.” At four cents per pound of laundry, the weekly service was a time-saving bargain for busy housewives throughout the year. The company, located at NW Second and Ingle streets, was founded in 1893, one of the first professional steam laundries to open in Evansville. White Swan soon boasted over 100 employees and 17 motor routes, eventually expanding its services to customers in Henderson, Kentucky. The laundry was sold in 1980, and the building was razed in 1996. At the bottom of the picture, the shadow of photographer Edgar W. Newman can be seen; his series of Santa shots, taken at different venues in the city, appeared in the Evansville Press that December.

Vanderburgh County Council Agenda For December 6, 2017

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AGENDA VANDERBURGH COUNTY COUNCIL

DECEMBER 6, 2017 3:30 P.M.
ROOM 301

  1. OPENING OF MEETING
  2. ATTENDANCE ROLL CALL
  3. PLEDGE OF ALLEGIANCE
  4. INVOCATION
  5. APPROVAL OF MINUTES – November 1, 2017
  6. PERSONNEL REQUESTS:
    1. (A)  SUPERIORCOURT/RequesttofillvacanciesforRidingBailiffandRidingBailiff/CourtReporter
    2. (B)  CLERK/Request to fill vacancies for MT Court Warrant Clerk and MT Subpoena Summons Clerk
    3. (C)  PUBLIC DEFENDER/Request to fill vacancy for Public Defender part-time and supplemental pay for Public Defender from Public Defender Supplemental fund
    4. (D)  HEALTH DEPARTMENT/Request to change 3 job titles to Bookkeeping Clerk & classifications to COMOT VI, fill vacancies for Administrative Aide part-time, 2 Public Health Nurses, WIC/part-time Breast Feeding Coordinator, Immunization Grant/Administrative Aide part-time, Safety Pin Grant/create and fill positions for 6 Community Health Workers, Nurse Manager, License Clinical Social Worker, Data Coordinator, Health Educator, and Growing Great Kids Bookkeeper/Aide and increase salary and change job title from Public Health Nurse to Project Director
  1. APPROPRIATION ORDINANCE: (A) COMMISSIONERS
  2. REPEAL: (A)
  3. TRANSFERS:
    (A) SHERIFF (2)
    (B) CORONER
    (C) COOP EXTENSION (D) JAIL(E) CIRCUIT COURT
  4. OLD BUSINESS: (A)

(B) CONVENTION & VISITOR BUREAU

(B)

(F) SUPERIOR COURT (7)
(G) BURDETTE PARK
(H) HEALTH DEPARTMENT
(I) SURVEYOR’S CORNER PERPETUATION (J) ASSESSOR (late)

  1. NEW BUSINESS:
    (A) RESOLUTION CO.R 12-17-023 SUPPORT OF I-69 CENTRAL CORRIDOR 1(B) PETITION TO APPEAL FOR AN INCREASE TO THE MAXIMUM LEVY (C) COLLECTIVE BARGAINING AGREEMENT FOR DEPUTY SHERIFFS (D) DISCUSSION OF 2017 HIRING FREEZE RESOLUTION
    (E) PROPOSED CHANGES TO JOB STUDY PROCESS
  2. AMENDMENTS TO SALARY ORDINANCE:

(A) CLERK
(B) SUPERIOR COURT (3) (C) PUBLIC DEFENDER
(D) HEALTH DEPARTMENT

(E) WIC GRANT
(F) IMMUNIZATION GRANT (G) SAFETY PIN GRANT

  1. PUBLIC COMMENT
  2. REMINDER NEXT MEETING DATE/TIME: January 3, 2018 @ 3:30 P.M.
  3. ADJOURNMENT

NO PERSONNEL AND FINANCE MEETING SCHEDULED

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