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IS IT TRUE JUNE 21, 2017

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IS IT TRUE that the City of Evansville should do a bit more than shrug their shoulders and accept the price increases associated with the elementary but expensive error that was made in designing the width of the North Main Street improvement project?…there are ways to leverage the insurance and bonding that the construction company(s) must have been required to have to get this job?..if relief for this idiotic oversight is not sought we can assume that the stupid mistake was an inside job?…in that case maybe the city should sue its own insurance company for the failures of staff?

IS IT TRUE that the State of Illinois’ financial problems keep mounting up in a way that could challenge every public employee in the state when it comes to benefits?…the number of dollars that Illinois is behind when it comes to funding pensions is so large that the zeros may not fit on the page?…another problem Illinois is facing is whether or not they are going to be able to keep the Illinois State Lottery open if they can’t pay the past winners or be trusted to hold the money for the current lotteries without having creditors pounce on it before any winnings can be paid out?…it takes a very special kind of stupid to lose money on a legalized monopoly that is no different than a numbers racket?…it looks like the State of Illinois is that special kind of stupid in a collective action sort of way?

IS IT TRUE that the way a lottery works is so unbelievably one sided that most any halfwit who could get permission to run one just once the way the state does could retire to paradise?…for every billion dollars that is spent on lottery tickets the distribution goes something like this?…$100 Million goes to the state to pay for running the lottery?…half of the sales or $500 Million goes into the prize money pool and the other $400 Million goes to the state too?…right off the top the State of Illinois collects 50% of all of the proceeds of the lottery?…the winnings are of course taxable so in most cases about 35% of the winnings go to the federal government with the states taxing winnings at their own rate?…in the case of Illinois that amounts to 3.75%?…when it all shakes out for every Billion dollars wagered, the State of Illinois collects $518,750,000, the federal government collects $175,000,000 and the lucky winner takes home $306 Million (30.6%) of what was wagered?…we are totally mystified how a state could possibly be managed so poorly to put their cash cow lottery into danger?…lotteries are not called a suckers game for nothing?…this may be the face of things to come with states failing to meet their obligations the old fashioned way?

IS IT TRUE that the City of Evansville also have major deficit problems with city employees Healthcare benefits?  …could the deficit for this year be $7 million to $8 million dollars?

IS IT TRUE the City of Evansville lost $3 million dollars on the ZOO last year?  …we expect the Zoo to do similar this year? …in order to attempt to generate more revenue for the Zoo our City officials are now planning to build a $6 to $8 million “Penguin” exhibit?  …all we can say about this proposed revenue generating move by the City is “WOW”?

IS IT TRUE we feel that Vanderburgh County Coroner Steve Lockyear is doing an outstanding job?  …Mr. Lockyear has taken the Vanderburgh County Coroner job to the next level?  ,,,the bottom line is that Mr. Lockyear is a “Good Steward Of The Public Trust”?

Todays “READERS POLL” question is: Do you feel that someone should be held accountable for the major mistake made in redesigning the $18 million dollar North Main project?

EDITORS FOOTNOTE:  Any comments posted in this column doesn’t represents the views or opinions of our advertisers.

 

Gov. Holcomb Makes Appointments to Boards and Commissions 

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INDIANAPOLIS—Governor Eric J. Holcomb today announced several appointments and reappointments to various state boards and commissions.

Indiana State University Board of Trustees

The governor made two new appointments to the Indiana State University Board of Trustees:

  • Andrew Case of Columbia City, a junior majoring in Communications, will join the board as student trustee. His term expires June 30, 2019.
  • Cynthia Powers of Valparaiso, president of Powers Realty Inc. of Northwest Indiana, will join the board as an alumni trustee. Her term expires June 30, 2021.

The governor made two reappointments to the board:

  • Ed Pease of Terre Haute, senior vice president of government relations for Rolls-Royce America, will continue his service on the board. His term expires June 30, 2021.
  • Jeff Taylor of Carmel, a retired executive with Pearson, will continue his service on the board. His term expires June 30, 2021.

Midwestern Higher Education Commission

The Midwestern Higher Education Commission is a multi-state entity designed to provide greater higher education opportunities and services in the Midwest. The governor made one new appointment to fill a vacancy:

  • Gregory Goode of Terre Haute, executive director of government relations at Indiana State University, will join the board. His term expires March 7, 2020.

Judicial Nominating Commission for Allen County

The Judicial Nominating Commission for Allen County reviews and nominates candidates for vacancies in the Allen County Superior Court. With the agreement of Chief Justice Rush, the governor reappointed three, non-attorney residents of Allen County:

  • Angie Moellering of Fort Wayne, president of Lutheran Social Services of Indiana, will continue her service on the board. Her term expires June 30, 2021.
  • Mark Terrell of Fort Wayne, CEO of Lifeline Youth and Family Services, will continue his service on the board. His term expires June 30, 2021.
  • Jonathan Ray of Fort Wayne, president of Fort Wayne Urban League, will continue his service on the board. His term expires June 30, 2021.

Indiana Election Commission

The Indiana Election Commission administers Indiana election law and supervises the election process in the State of Indiana. The governor made two reappointments to the commission:

  • Bryce H. Bennett, Jr. of Indianapolis, partner at Riley Bennett & Egloff LLP, will continue his service on the board and will continue to chair the commission. His term expires July 1, 2019.
  • S. Anthony Long of Boonville, founding attorney of Long & Mathies Law Firm, will continue his service on the board and will continue as vice-chair of the commission. His term expires July 1, 2019.

Indiana State Police Board

The governor made two reappointments to the board:

  • David B. Graves of Sellersburg, retired from many years of service in law enforcement, will continue his service on the board. His term expires June 30, 2021.
  • Kathy J. Bawel of Ferdinand, former member of the Indiana State Police, will continue her service on the board. Her term expires June 30, 2021.

Gov. Holcomb Announces Low-Interest Disaster Loans for Dubois and Surrounding Counties

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Governor Eric J. Holcomb today announced the availability of low-interest disaster loans for Dubois and the surrounding counties following spring flooding in southern Indiana.

Dubois County qualified for the low-interest disaster loans and as a result, the contiguous counties of Crawford, Daviess, Martin, Orange, Perry, Pike, Spencer and Warrick are also eligible.

“These low-interest loans are designed to support the counties affected by severe weather this spring,” Gov. Holcomb said. “It’s my hope that area citizens and businesses recover fully and as quickly as possible.”

The loans are available to residents, businesses and non-profit organizations through the U.S. Small Business Administration.

Loan Amounts – Businesses and Organizations

Businesses and private non-profit organizations of any size may borrow up to $2 million to repair or replace disaster-damaged or destroyed real estate, machinery and equipment, inventory and other business assets.

For small businesses, small agricultural cooperatives, small businesses engaged in aquaculture and most private nonprofit organizations of all sizes, the SBA offers Economic Injury Disaster Loans to help meet working capital needs caused by the disaster. These loans are available regardless of whether the business suffered any physical property damage.

Loan Amounts – Citizens

Disaster loans up to $200,000 are available to homeowners to repair or replace disaster damaged or destroyed real estate. Homeowners and renters are eligible for up to $40,000 to repair or replace disaster damaged or destroyed personal property.

How to Apply 

Applicants may apply online using the Electronic Loan Application (ELA) via SBA’s secure website at https://disasterloan.sba.gov/ela/.

Applications and program information are available by calling the SBA’s Customer Service Center at 1-800-659-2955 (1-800-877-8339 for the deaf and hard-of-hearing), or by sending an email to disastercustomerservice@sba.gov. Loan applications can also be downloaded from the SBA’s website at www.sba.gov/disaster. Completed applications should be mailed to:

U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

Deadlines to Apply

The filing deadline to return applications for physical property damage is August 14, 2017. The deadline to return economic injury applications is March 14, 2018.

For more information about the SBA’s Disaster Loan Program, visit http://www.sba.gov/disaster.

 

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Justices Say Law On Offensive Trademarks Is Unconstitutional

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Justices Say Law On Offensive Trademarks Is Unconstitutional

IL for www.theindianalawyer.com

The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favor of an Asian-American rock band called the Slants and giving a major boost to the Washington Redskins in their separate legal fight over the team name.

The justices were unanimous in saying that the 71-year-old trademark law barring disparaging terms infringes free speech rights.

“It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito said in his opinion for the court.

Slants founder Simon Tam tried to trademark the band name in 2011, but the U.S. Patent and Trademark Office denied the request on the ground that it disparages Asians. A federal appeals court in Washington later said the law barring offensive trademarks is unconstitutional.

The Redskins made similar arguments after the trademark office ruled in 2014 that the name offends American Indians and canceled the team’s trademark. A federal appeals court in Richmond put the team’s case on hold while waiting for the Supreme Court to rule in the Slants case.

Tam insisted he was not trying to be offensive, but wanted to transform a derisive term into a statement of pride. The Redskins also contend their name honors American Indians, but the team has faced decades of legal challenges from Indian groups that say the name is racist.

Despite intense public pressure to change the name, Redskins owner Dan Snyder has refused, saying in the past that it “represents honor, respect and pride” for Native Americans. Snyder issued a quick response to the decision on Monday: “I am THRILLED. Hail to the Redskins.”

Redskins attorney Lisa Blatt said the court’s decision effectively resolves the Redskins’ longstanding dispute with the government.

“The Supreme Court vindicated the team’s position that the First Amendment blocks the government from denying or cancelling a trademark registration based on the government’s opinion,” Blatt said.

Trademark office spokesman Paul Fucito said officials are reviewing the court’s ruling and plan to issue further guidance on how they will review trademark applications going forward.

While the justices all agreed on the outcome, they split in their rationale for the decision. Alito rejected arguments that the government has an interest in preventing speech that is offensive to certain groups.

“Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express the thought we hate,” Alito said in a part of his opinion joined by Chief Justice John Roberts and Justices Clarence Thomas and Stephen Breyer.

Writing separately, Justice Anthony Kennedy said ban on disparaging trademarks was a clear form of viewpoint discrimination that is forbidden under the First Amendment.

“A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all,” Kennedy said in an opinion joined by Justices Ruth Bader Ginsburg, Sonya Sotomayor and Elena Kagan.

In the Slants case, government officials argued that the law did not infringe on free speech rights because the band was still free to use the name even without trademark protection. The same is true for the Redskins, but the team did not want to lose the legal protections that go along with a registered trademark. The protections include blocking the sale of counterfeit merchandise and working to pursue a brand development strategy.

A federal appeals court had sided with the Slants in 2015, saying First Amendment protects “even hurtful speech that harms members of oft-stigmatized communities.”

The section of the law at issue bars the trademark office from registering a name that may “disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or national symbols, or bring them into contempt, or disrepute.”

Critics of the law said the trademark office has been wildly inconsistent over the years in deciding what terms are too offensive to warrant trademark protection. The government has in the past rejected trademarks for the terms “Heeb” and “Injun,” but allowed those for companies such as Baked By A Negro bakery products, Midget Man condoms, and Dago Swagg clothing.

The trademark office for years had raised no concerns about the Redskins, agreeing to register the name in 1967, 1974, 1978 and 1990. But the office canceled the registrations in 2014 after finding the name disparaged Native Americans.

Indiana, Eight Other States Win Case Against The Federal Communications Commission

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Attorney General Curtis Hill today praised a decision by the U.S. Court of Appeals for the D.C. Circuit in favor of Indiana and eight other states in a dispute over inmate phone call rates and costs imposed upon state corrections departments and county jails that allow such calls.

Attorneys general for the nine states challenging the Federal Communications Commission’s rules successfully argued that the federal agency violated principles of federalism by attempting to supersede the individual states’ authority.

The ruling eliminated a federal intrastate rate regulation put in place by the FCC in 2015, which capped how much inmates may be charged for making phone calls. The court’s ruling stated that the FCC does not have legal authority to charge rates for inmate phone calls that take place exclusively within one state, faulting the FCC for “ignoring the terms” of the law and for “misreading” the court’s precedent.

The court also ruled the method for calculating the caps was arbitrary. The court also added that the method failed to include costs incurred by jails and prisons when allowing inmates to use the phones. The court criticized the FCC’s method by saying it “defies reasoned decision making.”

Indiana joined the following states: Arizona, Arkansas, Kansas, Louisiana, Missouri, Nevada, Oklahoma and Wisconsin. Read the court’s full opinion, here.

St. Vincent Hospital for Women & Children

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Jacey Blanford and Aaron Pryor, Evansville, son, Ezra Porter, Feb. 8

Meaghan Fluty and Stephen Shelton, Evansville, daughter, Khloee Imani, June 9

Callie Fairweather, Evansville, daughter, Athena Nicole, June 10

Lynnzy Young and John Wayne Riker, Evansville, daughter, Serinity Alxzander Marie, June 11

Hannah Keltner and Wesley Katterhenry, Evansville, son, Kaysen James, June 12

Shannon and Jeremy Klump, Elberfeld, Ind., daughter, Everley Renee, June 12

Jordan and Brian Spinks, Rockport, Ind., son, Christopher Wayne, June 12

Abigail Fenwick and Brandon Holbrook, Evansville, daughter, Stella Ann-Nichole, June 12

Jasmine Egan and Robert Duff, Evansville, daughter, Victoria Elizabeth Ray, June 13

Jadin and Timothy Stubbs, Princeton, Ind., daughter, Stormiee Lou, June 13

Tricia and Christopher Goodman, Owensville, Ind., son, Noah Ray, June 13

Amber and Kenneth Taylor, Princeton, Ind., daughter, Riley Elizabeth, June 13

Sarah and Hannah Wilson, Evansville, daughter, Malaya Rose, June 13

Brittney and Stephen Carter, Evansville, daughter, Jaylee Kae, June 13

Gaberielle Mosley and Danny Jones III, Evansville, daughter, Shelby Renee, June 14

Melissa and Leif Almon, Evansville, daughter, Mallory Grace, June 14

Lindsey and Jarod Neukam, Evansville, son, Liam Mitchell, June 15

Khara and Dustyn Aud, Carmi, IL, daughter, Kataryna Marie, June 15

Tara and William Wayne, Evansville, daughter, Lexi Ann, June 15

Amanda and James Puckett, Oakland City, Ind., daughter, Vivian Claire, June 16

COA: Attorney Fees And Litigation Costs Allowed In Child’s Wrongful Death

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COA: Attorney Fees And Litigation Costs Allowed In Child’s Wrongful Death

Marilyn Odendahl for www.theindianalawyer.com

In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.

John and Megan Crays filed a wrongful death suit after their 13-year-old son was electrocuted and died while swimming. The couple who owned the pool reached a settlement with the Crays but the manufactured housing community where the tragedy occurred, Angel Shores Mobile Home Park in Tippecanoe County, proceeded to a jury trial.

In March 2014, the jury found for the plaintiffs with total damages at $3 million and 5 percent fault allocated to Angel Shores, resulting in the verdict amount of $150,000. Afterwards, the Crays filed a motion and the trial court awarded attorney fees for the sum of $60,000 and litigation costs at $72,864.85. This brought to total judgment to $282,864.85.

Angel Shores appealed, arguing the Indiana Child Wrongful Death Statute, Indiana Code 34-23-2-1, does not include a provision for the attorney fees and litigation expenses.

The Court of Appeals disagreed and upheld the award in Angel Shores Mobile Home Park, Inc. v. John Crays and Megan Crays, 79A02-1605-CT-1106, citing McCabe v. Commissioner, Indiana Dept. of Insurance, 949 N.E.2d 816 (Ind. 2011) and SCI Propane, LLC v. Frederick, 39 N.E.3d 675 (Ind. 2015), which examined the language in Adult Wrongful Death Statute and the General Wrongful Death Statute.

“As the plain language of the CWDS allows for other remedies as provided by law, and the second category of the GWDS provides for attorney’s fees, it is logical to construe the two in harmony, and conclude that a party filing an action under the CWDS, like a party filing an action under the AWDS, is entitled to attorney’s fees under the second category of the GWDS,” Judge Melissa May wrote for the court.

SUMMER OF LOVE

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Students to Receive Free Bicycles at Ivy Tech’s 12th Annual Public Safety Academy

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Middle school and elementary school students in the Ivy Tech Community College Public Safety Academy will receive a new bicycle, helmet, and bicycle lock this week at Ivy Tech Community College Evansville. The bicycles are awarded to students who demonstrate good attendance, good behavior, and a good attitude while participating in the Public Safety Academy, and other summer activities in the community. The Academy is a partnership with the Evansville Vanderburgh School Corporation’s (EVSC) 21st Century Community Learning Centers, the City of Evansville Department of Parks & Recreation, the YMCA of Southwestern Indiana, and the Boys & Girls Club of Evansville.

Ivy Tech Community College Public Safety Academy – Annual Bicycle Giveaway Event

Ivy Tech Community College

3501 N. First Avenue

Wednesday, June 21 at 2:00 p.m.

Thursday, June 22 at 2:00 p.m.

200 bicycles will be awarded to students this year, the majority of them at Ivy Tech Community College June 21 and 22 at 2:00 p.m.  In addition, 2 adaptive bicycles, specifically designed for children who are physically unable to ride a standard bicycle, will be given away. “Ivy Tech has individuals who have been committed to this project for many years,” said Johnathan Weinzapfel, chancellor of Ivy Tech Evansville. “We are excited to be able to be a part of this project giving students these positive reinforcements so they can have fun this summer on their new bikes.”

Bicycles will be presented to the students by donors, representatives from public safety agencies, EVSC, local dignitaries, and community leaders. Students will also be treated to an afternoon of fun, including activities, snacks, a tour of Ivy Tech, and a video on bicycle safety. The event is funded by generous donations from individuals and businesses across the tri-state.

The Evansville Bicycle Club and Gerling Law will be assisting with the event and will help adjust the bike seats and helmets to ensure a proper fit.

 

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Deaveyonte Marquis Emery: Resisting law enforcement (Level 6 Felony), Resisting law enforcement (Level 6 Felony), Possession of marijuana (Class B misdemeanor)

Regina Ann Brown: Unlawful possession of syringe (Level 6 Felony), Possession of a synthetic drug or synthetic drug lookalike substance (Class A misdemeanor), Possession of marijuana (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor), False informing (Class B misdemeanor)

Chelsea Marie Schleicher: Battery by means of a deadly weapon (Level 5 Felony), Attempt Battery by means of a deadly weapon (Level 5 Felony), Residential entry (Level 6 Felony)

Tyler Mark Stokes: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony), Auto theft (Level 6 Felony)

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