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Public Law Monitor By Evansville Attorney Joshua Claybourn

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Man Ordered To Stop Harassing Lawmaker

Fort Wayne Rep. Christopher Judy won a protective order against a constituent who contacted him more than 50 times in one day, asked for his home address, and sent a letter to his wife. An Allen County judge held a hearing last week and determined that stalking had occurred and that Erick Mackey posed a credible threat to state Rep. Judy and his family. He barred Mackey from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with Judy or his family. Mackey was also ordered to stay away from Judy’s home, school, or work. The move for a public official to get a protective order appears rare. In 2014, a Democratic state representative alleged that her campaign opponent was stalking her, but he was found not guilty during a bench trial last year.


Municipal Securities At Stake In infrastructure Debate

Municipal bonds—the debt issued by states, cities, and nonfederal public authorities—provide a critical source of cheap funds to help spur infrastructure projects. Because municipal bonds are tax-exempt at the federal, state, and local level, cities and towns and generally borrow at lower-than-market rates. Municipal bonds are the fourth-biggest class of debt behind federal debt, mortgages, and corporate debt. Last year, some $445 billion in municipal bonds were issued, and there were some $3.8 trillion in municipal bonds outstanding. President Trump’s push to slash corporate and individual income-tax rates would appear to pose risks to the municipal bond market, but the brief outline released by administration officials had little impact on the price of state and local government securities — and could even lead some segments of the market to outperform, considering that Trump’s proposal to phase out deductions could boost demand in high-tax states.


AIM Releases Budget Bulletin

Accelerate Indiana Municipalities (AIM) released its 2018 City and Town Budget Bulletin, designed to assist city and town officials with developing and adopting a budget.


Evansville’s Gun-In-Park Appeal Rejected Again

A man who sued the City of Evansville after he was forced to leave a zoo for carrying a firearm may proceed with a lawsuit seeking damages and treble attorney fees under a statute that bars municipalities from regulating firearms. The most recent decision in Evansville v. Magenheimer largely concerned whether Magenheimer had a tort claim, but it serves as a broader reminder that Indiana’s Firearms Preemption Act passed in 2011 denies local governments the power to regulate firearms and grants individuals a private right of action to enforce that provision. Magenheimer was openly carrying a firearm at the Mesker Park Zoo in 2011 not long after the legislature passed the Firearms Preemption Act. He was licensed to carry this firearm and had a copy of the license in his possession. At the time, the Evansville municipal code contained a provision prohibiting firearms in city parks. The police arrived and ordered Magenheimer to leave the park, prompting the litigation.


Joshua Claybourn

Joshua is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.

Rick Moore Receives National Recognition for Service to Community

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Rick Moore Receives National Recognition for Service to Community

At its award banquet on May 4, 2017 in Detroit, Michigan, the National Association of Housing and Redevelopment Officials (NAHRO) presented Rick Moore with the Charles A. Thompson Memorial Award for Distinguished Service. Moore has 34 years of experience in housing authority management and currently serves as Executive Director of the Evansville Housing Authority in Indiana. His initiatives, which have earned national attention, include the creation of a Permanent Supportive Housing facility in Evansville. The project provided 32 homeless families with brand new apartments and on-site supportive services.

As a childhood resident of public housing, Rick Moore brings a unique, insightful perspective to housing authority management and service to others. He is President of Indiana NAHRO, Vice-President of the State of Indiana Continuum of Care, and is deeply committed to community organizations and causes.

Moore’s recent honor from NAHRO marks the first time in the award’s history the decision was based on a unanimous vote from the selection panel.

For more information on with Evansville Housing Authority, please visit: http://www.evansvillehousing.org/

 

Adopt A Pet

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Elsa is a 4-year-old female white German Shepherd. She weighs 53 lbs. Her previous owner couldn’t afford to keep her. Elsa’s $100 adoption fee includes her microchip, vaccines, and spay surgery (which she’ll stay overnight for before going home.) Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

Ivy Tech, Habitat for Humanity Form Partnership To Assist Habitat Families with College Degree

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 Habitat for Humanity and Ivy Tech Community College today (6-15-17) announced a partnership to offer career counseling and scholarship funding to assist Habitat homeowners and their families to attain a college degree.

IvySucceed will help individuals to understand where their strengths lie, to set goals, and to determine next steps to earn a degree. For those who have already earned a degree or certificate, Ivy Tech will provide assistance with interview skills and resume development. Habitat and Ivy Tech have also partnered to provide $10,000 in scholarship funds in this pilot program to assist a minimum of five individuals through completion of their college degree.

The announcement was made as a part of Habitat’s annual Faith in Action Breakfast, where Ivy Tech President Sue Ellspermann, was the guest speaker.

In addition, Ivy Tech’s Visual Communication program will build an App for Habitat, for homeowners to have an easy way to track their “sweat equity” hours that each individual must fulfill. Ivy Tech will also provide one college credit to all who have completed the Habitat Homeowners Money Management Seminar Habitat offers.

“We are pleased to partner with Habitat and help homeowners and their children through the IvySucceed initiative,” said Jonathan Weinzapfel, chancellor of Ivy Tech in Evansville. “Housing brings family stability, and education brings family self-sufficiency. Helping individuals succeed by determining their skill sets and career goals – and matching that with the use of federal financial aid and scholarships – will help those who desire to go to college, to realize their goals.”

“Habitat for Humanity helps families achieve strength, stability and self-reliance through homeownership.  Combined with the strong educational foundation that Ivy Tech provides, a family can reach that next level in life – however they define it,” said Beth Ann Folz, executive director of Habitat for Humanity of Evansville.  “IvySucceed is an exciting initiative which brings together the synergy of a stable home with the opportunity of education for a good-paying, in-demand job in the community.”

Individuals interested in this opportunity should go to www.ivytech.edu/habitat to fill out an interest form to receive more information.

 

Gilda’s Club Evansville to Host 2nd Annual Camp Gilda

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Camp is for children ages 6-12 who have been impacted by cancer.

Gilda’s Club Evansville is hosting Camp Gilda 2017: Gilda Goes Wild for Tri-State children ages 6-12 years old who have been impacted by cancer. The camp will take place July 11, 12, 13 from 8am-12:30pm each day. This year’s camp is being sponsored in Memory of Linda Pass.

“This is the second year for Camp Gilda, and we are excited to explore more of our community,” Chelsey Woolsey, Youth Program Coordinator, exclaimed. “Camp Gilda hopes to create lasting relationships with area children and their families impacted by cancer and create bonds allowing them to know they are not alone.”

The camp will include off-site adventures at CMoe, Mesker Park Zoo, and Metro Sports, as well as plenty of fun activities at Gilda’s Club, located at 5740 Vogel Rd., Evansville. All campers must register by Friday, June 30, and the camp is limited to 25 campers. Area children who have been impacted by cancer, meaning either they have been diagnosed or a family member or loved one has been diagnosed with cancer, are welcome to apply.

For more information, please call Chelsey Woolsey at 812-402-8667.

Rep. Messer Introduces The You’re Hired Act To Encourage Apprenticeships, On-the-Job Training

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Rep. Luke Messer (IN-06) today introduced the You’re HIRED Act to encourage more apprenticeships and on-the-job-training programs.

The You’re HIRED (Helpful Incentives to Restore the Economic Dream) Act would allow employers to qualify for the Work Opportunity Tax Credit (WOTC) if they hire workers through an apprenticeship program. Apprenticeships are specialized training programs sponsored by employers in a given trade or sector.

“Apprenticeships are a win-win for American job creators and the modern American worker,” Messer said. “These specialized training programs can help match workers with in-demand jobs, bridge the skills gap plaguing many Hoosier communities, and provide an alternative to a traditional degree. This bill will help re-energize our workforce and increase our competitiveness in a 21st-century economy.”

According to the U.S. Labor Department as noted in the Wall Street Journal, nine out of ten Americans who complete apprenticeship programs get a job with an average starting annual salary of $60,000. Yet only five percent of young American workers participate in apprenticeships.

Messer’s legislation coincides with President Donald Trump’s effort announced today to expand apprenticeships in nontraditional industries – the Apprenticeship and Workforce of Tomorrow Initiatives. President Trump’s effort focuses on programs that allow American workers to “earn while they learn.” Messer thanked President Trump for his leadership on this issue.

Messer – who chairs the House Republican Policy Committee – launched the Task Force for the American Worker this year to help solve modern-day workforce issues and restore the American Dream.

Men’s Soccer Releases 2017 Schedule

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After traveling to rival Kentucky Wesleyan College to open the 2016 season, University of Southern Indiana Men’s Soccer will host the Panthers August 31 at Strassweg Field to begin the 2017 campaign.

The Screaming Eagles then hit the road for four straight games, beginning with a non-conference matchup with Union University in Jackson, Tennessee, before beginning Great Lakes Valley Conference play at the University of Missouri-St. Louis September 8.

USI returns home for a pair of GLVC games against the University of Indianapolis and University of Wisconsin-Parkside September 22 and 24, respectively, with the game against the Rangers being the annual Gold Game. UIndy knocked the Eagles out of the GLVC Tournament in the semifinals a year ago.

After road games at Lewis University and the University of Illinois Springfield, USI plays host to Quincy October 6, whom it defeated in penalty kicks in the opening round of the NCAA II Tournament last season. The Eagles will travel to defending GLVC champion Rockhurst University October 15. The Hawks defeated USI, 2-1, in overtime during the regular season and also 3-1 in the NCAA II Tournament Second Round.

The Eagles finish off the 16-game schedule with three home games, wrapping up the regular season against McKendree University October 25.

USI is coming off 13-4-4 record last season and will look to make it back-to-back NCAA II Tournament appearances after making it for their first time since 1982 a year ago.

Leading returners for USI are senior goalkeeper Adam Zehme (Orland Park, Illinois), sophomore forward Eric Ramirez (Vincennes, Indiana) and senior midfielder Kyle Richardville (Vincennes, Indiana). All three were named to the All-GLVC and All-Region teams last season.

Zehme will anchor the USI defense this year after a 1.04 goals against average, career-best 13 wins, seven shutouts, and 74 saves as a junior. Richardville and Ramirez will look to lead the Eagles’ offense once again in 2017. Richardville was tied for second on the team with 19 points, scoring seven goals while adding five assists. Ramirez led the Eagles in scoring with 21 points on 10 goals and one assist, in addition to being named the GLVC Freshman of the Year.

2016 Meet Leader Asmussen Loads Back Up For Ellis Park

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2016 Meet Leader Asmussen Loads Back Up For Ellis Park
‘I don’t know if we’ll have anybody of the quality of Lookin At Lee, but we do have highly thought of prospects that are targeting Ellis’

HENDERSON, Ky. (Thursday, June 15, 2017) — Christy Hamilton can’t wait to find out what is in store for the 2-year-olds she’ll have in her barn this summer at Ellis Park.

Hamilton is an assistant trainer for Hall of Famer Steve Asmussen, who last summer had horses stabled at Ellis Park for the first time in well over a decade. With Hamilton overseeing the division, Asmussen won the meet training title, his 16 victories five more than Ian Wilkes. Asmussen’s 10 seconds also were tops. And Hamilton certainly was busy with the barn’s 73 starters easily leading all trainers for the 30-date session.

The star was Lookin At Lee, the Kentucky Derby runner-up who last summer in his second start won a July 22 maiden race, followed by capturing the $75,000 Ellis Park Juvenile, which was reinstated after an eight-year hiatus. Lee hasn’t won since but has performed at a superior level through a campaign that saw him finish second in Churchill Downs’ Grade 3 Iroquois and Keeneland’s Grade 1 Claiborne Breeders’ Futurity, fourth in the Breeders’ Cup Juvenile and third in Oaklawn Park’s Southwest (G3) and Arkansas Derby (G1) before his big second in the Kentucky Derby.

Hamilton, who had Lookin At Lee all summer until he moved on to Asmussen’s Churchill Downs division for the fall, predicted early on that the colt would go on to big things once the race distances got longer.

“It makes you feel real good to know you can see that quality in a horse, that you see what that horse brings and has to offer,” she said. “You just smile. But darn, you really wanted to see him in that winner’s circle with the roses around his neck. That would have been the icing on the cake.”

Asmussen expects to have about 40 horses throughout the summer at Ellis, where Kentucky-bred horses will compete for a record $40,000 in purse money for maiden races.

That’s becoming a popular niche for Ellis, whose 2-year-old program last year also helped launch Kentucky Oaks runner-up Daddys Lil Darling, Breeders’ Cup Juvenile runner-up Not This Time and Keeneland’s Grade 3 Stonestreet Lexington winner and Preakness third-place finisher Senior Investment. Trainers and owners increasingly are realizing that a top 2-year-old can come out of Ellis Park as easily as Saratoga’s elite summer meet in New York.

Any chance Asmussen will have another Lookin At Lee emerge from Ellis?

“Heck, yes!” he said. “Ellis proved to be perfect for him. I don’t think Saratoga is conducive for closers as 2-year-olds. Last year you had the second and fourth-place finishers in the Breeders’ Cup Juvenile coming out of Ellis, which speaks for itself.

“I used Ellis last summer a lot more than I had in recent years, and I was extremely happy with the condition and the progress of the 2-year-olds. I plan on using it even more this season. I don’t know if we’ll have anybody of the quality of Lookin At Lee — knowing how fortunate that is — but we do have highly thought of prospects that are targeting Ellis.”

Hamilton wasn’t at Churchill Downs when Lookin At Lee rallied from near-last with a rail-skimming ride to finish second to Always Dreaming under 2016 Ellis Park riding champion Corey Lanerie. She was in Shreveport, La., at a restaurant with her grandmother and nephew, watching the Derby on her phone.

“My nephew literally was laid out asleep in my lap in the booth; my grandmother was across from me,” she said. “They had just brought our food, and I had my cell phone propped up against my drink, with TwinSpires.com on. I’m in the middle of a crowded restaurant, trying so hard not to make a fool out of myself by screaming.”

Did she succeed? “No, not really,” Hamilton said. “I definitely got quite a few stares. Then before the race even finished, I started getting phone calls and text messages. It was great.”

But she says she won’t look at the 2-year-olds at Ellis this summer wondering which one might be the next Lee.

“You can’t do that. That’s unfair to that horse,” she said. “Every horse is an individual, and they develop and grow at different rates. They are different personalities. Some are still little kids when they get here. He was a very, very mature baby. When I first got him in the barn, I thought he was a 3-year-old. If you didn’t know by looking at the (registration) paper, you wouldn’t know he was a 2-year-old. Because he never had any of the antics. He wasn’t skittish or looking at stuff. He was always cool, calm, collected, well-mannered gentleman. And he’s still that way.”

Photos below: Lookin At Lee winning last summer’s Ellis Park Juvenile (Coady Photography credit). Assistant trainer Christy Hamilton (Jennie Rees photo)

Report: Most civil legal needs for low-income residents go unmet

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Olivia Covington for www.theindianalawyer.comThe vast majority of civil legal problems reported by low-income Americans in the last year received inadequate or no legal help, a recent survey conducted for the Legal Services Corp. shows.

The report, “The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans,” surveyed 2,000 low-income residents in the U.S. and found that roughly 71 percent of respondents experienced at least one civil legal issue in the last year. The report says 86 percent of the civil legal problems reported by low-income Americans in the last year received inadequate or no legal help.

In Indiana, roughly approximately 19 percent of the population lives below the 125 percent of the federal poverty level guidelines, and American Bar Association President Linda Klein said in a recent address the Hoosier state received $7.3 million in LSC funds in 2015.

The most common civil legal issues for low-income Americans related to health, consumer and finance, rental housing, and children and custody issues. Specifically, more than half of all households surveyed with senior citizens living in them experience at least one civil problem in the last year, while 80 percent of homes of people with disabilities experienced a civil legal situation.

However, only 20 percent of low-income Americans reached out to a legal professional for help when a civil issue arose in the last year, the survey shows. That’s because residents are more inclined to reach out for help on issues that are more obviously “legal” in nature.

For example, 48 percent of respondents said they sought professional help for children and custody issues, and 39 percent sought help for problems relating to wills and estates. By contrast, only 11 percent and 8 percent of respondents, respectively, reached out to a legal professional for assistance with a health or education-related issue in the last year, the survey says.

The most common reason for not seeking professional legal help among low-income Americans was a decision to just “deal with it,” or address the problem without help. Other reasons included not knowing where to look for assistance, uncertainty as to whether the problem was legal in nature, cost concerns, time concerns and fear of pursuing legal action. However, perception of the judicial system did not seem to play a role in the decision to forgo professional assistance, the survey says.

Klein, who has been an outspoken advocate of Legal Services Corp. funding in light of proposed federal cuts to LSC, said the report “underscores how important it is to the fund support legal services across the country.” Seeking legal help through LSC can provide hope for low-income Americans, Klein said, and help them resume their normal lives after a civil legal problem,

“Without LSC, courthouse doors will be closed to low-income Americans with unmet legal needs,” she said.

Klein offered similar comments in an address to Indiana solo and small-firm attorneys earlier this month.

The full report addressing civil legal issues for low-income Americans can be read here.