Thanks.
 Wayne Parke
Chairman VCRP
wparke@wowway.co
Sent: Saturday, October 14, 2017 3:06 PM
To: Dan McGinn <danmcginn@wowway.com>Subject: Dan McGinn Email–Tax Increase/Redistricting/Resignation.
WHATS ON YOUR MIND TODAY?
EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our advertisers
Dear Mr McGinn:
I accept you resignation as a Republican Precinct Committeeman. If your email is an accurate representation of your line of thinking, I suggest you also resign from your City Council position as well.
You ran and was elected as a Republican. You have already stated you are not going to run for re-election in 2019–so resign now from your position as a City Councilman, so voters can be represented by a Republican because that is what they thought they were getting when you ran for office.
As I have in the past, I will continue to voice my opinion on issues to all elected officials no matter what party they belong to if I believe their vote is not in the best interest of the citizens and the Republican Party.
You are not acting like the person I once knew and I do not know why.
Wayne Parke-Chairman VCRP
EDITORS FOOTNOTE: THIS IS A DEVELOPING STORY.
Raging Moderate by Will Durst
Sadly fascinating to endure another predictable dance performed on the national stage by our elected politicians in response to the recent horrendous concert shooting in Las Vegas. Well, not a dance, really, more like the choreographed twitching of an unruly mob. Both parties retired to their respective corners while spasmodically jerking and mumbling hushed gobbledygook that even first graders could recite verbatim in a show and tell version of hypocritical cliches.
As surprising as milk-soaked hay after a missile strike on a dairy farm, Republicans slowly shook their heads somberly intoning that in the wake of such a tragic tragedy, this is neither the time nor the place to discuss gun control. Out of respect for the dead and injured we should wait for them to heal or die. And our thoughts and prayers are with the victims and their families.
Meanwhile, the Democrats pointed out that the only right time and right place to talk about gun control is right here and right now because these appalling incidents happen with such frequency we’re stuck in a constant state of perpetual bereavement. Experiencing a remarkable lack of intermissions.
The mythical waiting period is nothing but a ploy to insure nothing gets done, obviously the GOP’s intent all along. (And quite possibly, a secret agenda of the Dems as well.) And our thoughts and prayers are with the victims and their families.
The difference being, this time, both sides may actually reach a compromise on the regulation of something called the “bump stock,†a device that can turn a semi-automatic weapon, more automatic. Battlfield automatic. Video-game automatic.
But considering they didn’t do anything after the slaughter of 6-year-olds at Sandy Hook Elementary, the chances of our esteemed representatives accomplishing real change is similar to that of our president admitting he made a mistake. About anything.
The NRA chimed in to say they were not dead set against this new restriction, which seems to indicate the accessory in question is a novelty item and not very widespread or effective. Like banning the use of flasks in the hollow shafts of putters on the PGA Tour. Telling bakeries to give up the habanero sprinkles. Forcing baseball players to use round laces instead of flat ones on their cleats.
The Gun Owners of America maintains its opposition to any regulation, at all. Ever. These guys make the NRA look like a radical wing of the ACLU. You know that new phenomena of conservative politicians getting primaried from the right, well, that’s what the GOA threatens to do to the NRA. “You want extreme, we’ve got your vastly more extremer right here.â€
In the wake of Stephen Paddock’s rain of terror, a GOA spokesman said “America will never truly be safe until all the gun-free zones are eliminated.†You know, like schools and churches and hospitals. Because that’s everyone wants; pre-teens playing cops and robbers with real guns.
Their point is gun violence can be stopped by more guns. This is the kind of logic that makes ordinary people chew their fingers off to the third knuckle. So, the best way to deal with floods is more water? To combat concussions, more hammers to the head. Got yourself a rat problem? What you need to do is meet more members of Congress.
Dave Stafford for www.theindianalawyer.com
A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.
Dyamond Harris was sued by her landlord in Lafayette who said she owed $38 in rent. Lafayette LIHTC LP’s Romney Meadows apartments also sought to evict her and collect court costs and other fees. At a hearing, Harris disputed the debt and produced copies of money order receipts that she said proved she had paid, but representatives of Romney Meadows disputed this. Tippecanoe Superior Judge Laura W. Zeman ruled for the landlord.
“Harris contends that the trial court committed clear error by improperly shifting the burden of proof and violated her due process right to an impartial decision maker. We agree on both counts and therefore reverse,†Judge Terry Crone wrote for the panel in Dyamond Harris v. Lafayette LIHTC, LP, 79A02-1703-SC-638.
Crone wrote that Harris never admitted she owed past rent, consistently maintained that there was money in her account to cover rent, and the Lafayette landlord’s argument was without merit. The court improperly shifted the burden to Harris. “Consequently, the judgment is clearly erroneous and must be reversed.â€
The COA also found the small claims court failed to preside as a neutral, impartial decision-maker, citing Zeman’s conduct from the bench that may have violated Indiana Judicial Conduct Canons 1.2, 2.3(B) and 2.8(B).
“Here, the trial court asked questions and made comments throughout both hearings that were improper. The trial court asked Harris, ‘Who else is paying your rent? Somebody is paying rent. Me as a taxpayer? …. [What] is it about you that requires Section 8 housing such that you can’t keep track of thirty-eight dollars?’ … The trial court told Harris, ‘Okay, if they say you owe thirty-eight dollars for February just pay them the thirty-eight to get it done’ … The trial court also commented, ‘You have people who don’t work and free apartments[,] and the rest of us have to work to pay for it. That’s one of the problems in our country.’ … The trial court asked Harris, ‘Why are you not paying rent? I pay rent. I pay a mortgage. Why don’t you. … So [you] don’t work you get free rent? … What a country, what a country.’
“Lafayette contends that ‘none’ of the trial court’s comments are ‘disparaging’ of any person. … We disagree. The questions and comments belittle Harris for living in government-subsidized housing and not paying Lafayette $38.00. … We conclude that the trial court failed to preside over the hearing as a neutral, impartial decision maker in violation of Harris’s due process rights. The trial court’s actions and demeanor ‘crossed the barrier of impartiality and prejudiced’ Harris’s case,” Crone wrote, citing in a footnote to the Canons of Judicial Conduct.
“Accordingly, even if we were not reversing the judgment based on the trial court’s error regarding the burden of proof, we would reverse and order a new hearing by an impartial judge.â€
It was an unseasonably warm morning at Angel Mounds as the University of Evansville cross country teams held the annual UE Cross Country Invitational on Saturday morning.
Both teams battled a very warm morning to post solid times across the board.
“Some of our runners have been hurting, but we will be okay for conference in two weeks,†UE head coach Don Walters said. “It is very important to have a meet like this at home. With every meet, there are more and more nerves and it was good to shake those out today.â€
UE’s women notched four top-18 finishes on the day, led by Sienna Crews. The junior, who sang the National Anthem to kick the meet off, took 7th place with a 5K time of 19:54.5. Following her was Anna Lowry. Lowry finished the race in 12th out of 56 runners on the strength of a 20:25.8.
Taking 15th place was Ashton Bosler. Her time finished at 20:41.8. Izzy Dawson registered an 18th-place outing with a time of 21:11.9. After her was Lauren Meyer, who took 23rd with a race of 21:42.4.
Lexi Sutherland and Hayley Elliott finished up the times for the ladies. Sutherland recorded a 30th with her 22:58.5 while Elliott was 37th after running a 24:22.1.
For the men, Stanley Chepchieng was the top performer, coming home in 16th place out of 72 runners. Chepchieng set a new PR with an 8K time of 27:33.0, besting his previous best of 27:35.6, which was set at the John McNichols Invite earlier this season. All three of his 8K races in 2017 have been under 27:40.
Next up was Ethan Price, who checked in with a time of 27:52.8 to take 20th. Next up with another PR was Kalen Ochs. Coming home in 23rd, Ochs ran a 28:13.4. That was over 15 seconds under his previous top time, which came last time out at the Greater Louisville Classic.
Fourth for UE was Dawson Hood. He ran a 28:28.9 to take 27th. Following him was Ricky Hendrix, whose 28:29.9 was good for 28th. Tucker Dawson ran his best collegiate time. A 29:30.0 was good for 36th as he was 10 seconds under his previous best. Rounding out the contingent were Timmy Miller (31:12.2) and Aaron Cochran (31:58.0).
Highlighting the third day of the ITA Ohio Valley Regionals for the University of Evansville women’s tennis team was a pair of victories by Andrea Pascual-Larrinaga as she heads to the B draw singles finals on Sunday.
Pascual-Larrinaga opened the day by defeating Zala Dovnik of Purdue, 6-4, 6-0, before taking on Austin Peay’s Fabienne Schmidt. UE’s sophomore won again, 6-4, 6-3 and will take on Louisville’s Mia Schmidt-Jorgens in the finals on Sunday at 9:30 a.m.
Daria Pentsova took on APSU’s Helena Kuppig in the B draw quarterfinals on Saturday, falling 6-0, 6-3.
Doubles play saw Pentsova and Diana Tkachenko win the B draw finals in exciting fashion. Evansville’s duo defeated Schmidt/Covington of APSU, 8-2, to take the victory. Theodora Soldatou and Chieko Yamada played consolation doubles against Belmont in the third day, taking an 8-5 win.
In consolation action, Yamada and Tkachenko each racked up a win on Saturday. Yamada picked up the victory over Wright State’s Luisa Pelayo, 6-4, 7-5. Tkachenko took on Eastern Kentucky’s Alexandra Belle, winning 6-4, 6-2.
Marie Kapelevich fell in her consolation against Miami Ohio, 6:0, 6:2.