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7th Circuit: Colts Not Required To Renew Season Tickets

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7th Circuit: Colts Not Required To Renew Season Tickets

Olivia Covington for www.theindianalawyer.com

An Indianapolis Colts season tickets holder did not automatically have the right to transfer ownership of his tickets from one season to the next, the 7th Circuit Court of Appeals ruled Thursday in a diversity suit against the professional football team.

In the case of Yehuda Frager v. Indianapolis Colts, Inc., 16-4183, ticket broker Yehuda Frager had purchased 94 season tickets in 2015, pursuant to a deal that allowed season ticket holders to transfer their ticket rights upon payment of a fee equal to 30 percent of the sale price. However, when Frager requested to transfer the rights to tickets for the 2016 season, the Colts denied him, prompting the instant suit.

Frager claims the football team converted the tickets and that he is, thus, entitled to reimbursement. But Judge William T. Lawrence of the U.S. District Court for the Southern Indiana disagreed, dismissing Frager’s case last November.

In the Colts’ contract with season ticket purchasers, there is a clause that states “the Colts reserve the right…to reject any order, transfer, or renewal.” Though there may have been an expectation that he could renew his 2015 season tickets in 2016, 7th Circuit Judge Richard Posner wrote Thursday that Frager and other ticket holders have no right to future season tickets unless the Colts sold them that right, a possibility foreclosed by the language of the ticket contract.

To demonstrate the 7th Circuit’s logic, Posner pointed to a 20th century opinion from then-Chief Judge of the Supreme Judicial Court of Massachusetts Oliver Wendell Holmes Jr., Emery v. Boston Terminal Co., 59 N.E. 763 (Mass. 1901). In that case, the plaintiffs had been tenants of a property obtained through eminent domain by the defendants. The lease had expired, and while the tenants believed the owners would renew it, Holmes said such a belief represented a “speculation on a chance, not a legal right.”

“And so it is here,” Posner wrote. “Frager had a reasonable expectation that he’d be able to renew his season tickets for 2016. That purchasers of season tickets are willing to pay a 30 percent transfer fee in the online marketplace indicates that the expectation of renewal added to the salable value of season tickets, but given the words of hi contracts with the Colts, it was merely ‘a speculation on a change, not a legal right.’”

City Council Meeting June 26, 2017

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I. INTRODUCTION
II. APPROVAL OF MEETING MEMORANDA
III. REPORTS AND COMMUNICATIONS
IV. SPECIAL ORDERS OF THE DAY
V. CONSENT AGENDA: FIRST READING OF ORDINANCES AND RESOLUTIONS

RESOLUTION C-2017-09

Sponsor(s): Discussion Led By: Notify:

RESOLUTION C-2017-10

Sponsor(s): Discussion Led By: Notify:

RESOLUTION C-2017-12

Sponsor(s): Discussion Led By: Notify:

A Resolution of the Common Council of the City of Evansville Confirming the Declaration of an Economic Revitalization Area for Property Tax Phase-In for the for Real Estate Improvements Located at 4814 Spring Street Evansville, IN 47711 (Spring Street Ventures, Haggard & Stocking Associates, Inc)
McGinn
Finance Chair McGinn 7/10/2017
Andrea Lendy, Growth Alliance

A Preliminary Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Tax Phase-In for Real Estate Improvements and Acquisition of Manufacturing Equipment Located at 1700 Lynch Road Evansville, IN 47711
McGinn
Finance Chair McGinn 7/10/2017
Andrea Lendy, Growth Alliance

A Resolution of the Common Council of the City of Evansville, Indiana Approving an Amendment to the Evansville Arts Redevelopment Allocation Area
Robinson

A.S.D. Chair Brinkmeyer 7/10/2017 Kelley Coures, DMD

RESOLUTION C-2017-13

Sponsor(s): Discussion Led By: Notify:

VI. COMMITTEE REPORTS

A Resolution of the Common Council of the City of Evansville, Indiana Approving a Declaratory Amendment of the Downtown Redevelopment Plan
Robinson

A.S.D. Chair Brinkmeyer 7/10/2017 Kelley Coures, DMD

VII. REGULAR AGENDA:

ORDINANCE G-2017-09

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-10

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-11

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-12

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-14

Sponsor(s): Discussion Led By: Notify:

SECOND READING OF ORDINANCES AND RESOLUTIONS

An Ordinance Amending Section 13.05.280 (Rate Schedule) of the Code of Ordinances
Elpers
Public Works Chair Weaver 6/26/2017

Marco DeLucio, ZSWS

An Ordinance Amending Chapter 13.20 (Wastewater Discharge Regulations) of the Evansville Municipal Code
Elpers
Public Works Chair Weaver 6/26/2017

Marco DeLucio, ZSWS

An Ordinance Amending Chapter 8.20 (Fire Prevention) of the Code of Ordinances
Adams, Mercer
A.S.D. Chair Brinkmeyer 6/26/2017

Josh Claybourn, City Council Attorney

An Ordinance Amending Chapter 6.05 (Animal Control) of the Code of Ordinances
Mosby
A.S.D. Chair Brinkmeyer 6/26/2017

Josh Claybourn, City Council Attorney
An Ordinance Identifying an Area Needing Redevelopment

McGinn
Public Works Chair Weaver 6/26/2017 Nick Cirignano, ZSWS

ORDINANCE F-2017-08 AMENDED

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-09 AMENDED

Sponsor(s): Discussion Led By: Notify:

RESOLUTION C-2017-08

Sponsor(s): Discussion Led By: Notify:

VIII. RESOLUTION DOCKET

RESOLUTION C-2017-11

Sponsor(s): Resolution Docket Notify:

An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds McGinn
Finance Chair McGinn 6/26/2017
Russ Lloyd, Jr., City Controller

An Ordinance of the Common Council of the City of Evansville Authorizing Repeal, Re-Appropriations within the Department of Metropolitan Development
McGinn

Finance Chair McGinn 6/26/2017 Kelley Coures, DMD

A Preliminary Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for Real Estate Improvements Located at 4814 Spring Street, Evansville, IN 47711 – Spring Street Ventures, Haggard & Stocking Associates, Inc.
McGinn
Finance Chair McGinn 6/26/2017
Andrea Lendy, Growth Alliance

A Resolution of the Common Council of the City of Evansville, Indiana, Authorizing the Sale of Property: 315 Taylor Avenue Mosby

6/26/2017 Capt. Stephanie Cox, Evansville Police Dept.

IX. MISCELLANEOUS BUSINESS

  1. THE NEXT MEETING of the Common Council will be Monday, July 10, 2017 at 5:30p
  2. EVANSVILLE FIRE DEPARTMENT
  3. EVANSVILLE POLICE DEPARTMENT
  4. DEPT. OF METROPOLITAN DEVELOPMENT, Kelley Coures, Executive Director:Uniform Conflict of Interest & Disclosure Statement regarding Memorial CommunityDevelopment Residential Lease with Option to Purchase
  5. ADDITIONAL MISCELLANEOUS BUSINESS

X. COMMITTEEREPORTS

XI. ADJOURNMENT

AG Hill Warns Hoosiers Considering Timeshare Memberships 

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TRUMP FEELS NOTHING

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Governor Holcomb’s Schedule for June 26 – 30, 2017

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INDIANAPOLIS – Below find Indiana Governor Eric J. Holcomb’s public schedule for Monday, June 26 through Friday, June 30, 2017.

Monday, June 26, 2017

What:   Ceremonial Bill Signing for HEA 1004 on Early Childhood Education (Pre-K Expansion)

Who:    Gov. Holcomb

Lt. Gov. Suzanne Crouch

State Superintendent of Public Instruction Jennifer McCormick

House Speaker Brian Bosma

State Rep. Bob Behning

When:  3:30 p.m. ET

Where: Governor’s Office

Indiana Statehouse

Wednesday, June 28, 2017

What:   Ceremonial Bill Signing for HEA 1438, SEA 226, HEA 1540, HEA 1654 (Attacking the Drug Epidemic)

Who:    Gov. Holcomb

State Sen. Jim Merritt

State Rep. Cindy Kirchhofer

State Rep. Cindy Ziemke

When:  10:30 a.m. ET

Where: Richmond State Hospital, Clinical Treatment Center

498 NW 18th Street

Richmond, IN 47374

Wednesday, June 28, 2017

What:   Richmond Chamber of Commerce Lunch

When:  12 p.m. ET

Where: Forest Hills Country Club

2169 South 23rd Street

Richmond, IN 47374

Wednesday, June 28, 2017

What:   BWI Groundbreaking

Host:    Indiana Economic Development Corporation

When:  2:30 p.m. ET

Where:  E. 300 N.

Greenfield, IN 46140

Note:    Media may park off to the side on the construction site, which is located at E 300 N [39.828303, -85.792949].  

Friday, June 30, 2017

What:   Governor’s Capital Campout with Indiana State Parks

Event supports Great Outdoors Month in Indiana.

Host:    Indiana Department of Natural Resources

When   12 p.m. ET

Where: Millennium Grove Picnic Area at Fort Harrison State Park

5753 Glenn Road

Indianapolis, IN 46216

 

 

Indiana Crackdown On Opioids Sparks More Pharmacy Robberies

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Indiana Crackdown On Opioids Sparks More Pharmacy Robberies

IL for www.theindianalawyer.com

As the nation’s opioid epidemic intensified, Indiana cracked down on over-prescribing doctors and “pill mills” catering to people with addictions. The state also took aim at doctor-shopping—the practice of visiting multiple physicians to score more painkillers.

While making opioid prescriptions harder to get, the crackdown also helped spur a twofold increase in robberies of pharmacies that exacerbated the state’s standing as No. 1 in the nation for those crimes. Between 2009 and 2016, Indiana had 651 pharmacy robberies—the most in the U.S. and more than the 597 recorded by No. 2 California, which has six times the population, U.S. Drug Enforcement Administration records show.

The frequent holdups reflect a grim reality: With each regulation or law enforcement tactic, the opioid crisis quickly shape-shifts to evade new obstacles. Dealers and those struggling with addictions adapt, and the epidemic continues with little interruption.

“They’re always looking for wherever they can get their foothold. And once they do, they’re going to take advantage,” said Tom Prevoznik, a deputy chief of pharmaceutical investigations with the DEA in Arlington, Virginia.

Pharmacies and law enforcement agencies in Indianapolis, where most of the robberies have occurred, are fighting back. Pharmacy chains have installed time-release safes that won’t open for several minutes, forcing robbers to risk arrest by waiting. Signs so far are positive. Robberies in Indianapolis numbered only eight through early June, compared with 55 for all of 2016.

But some criminals responded to those efforts by traveling from Indianapolis to small suburban towns to rob pharmacies, including one in January in Elwood, about 40 miles from Indianapolis, where two robbers herded frantic employees into a bathroom after threatening them with a handgun.

Indiana’s economic makeup has made it a likely breeding ground for opioid addiction for years.

The 2008 financial crisis hit the state’s manufacturing economy hard, causing waves of layoffs. And physically demanding jobs in heavy industry have long left workers prone to injuries that could lead to prescriptions for painkillers.

“They get a legit medical prescription—and then all of a sudden it gets out of control,” said Jason Hockenberry, an Emory University professor of health policy who has studied opioid addiction. He said the state already had outsized opioid woes, related in part to its location along Interstates 65 and 70—two major corridors for illicit drugs.

Opioid addiction was behind the state’s worst-ever HIV outbreak, in 2015, an epidemic that infected more than 200 people in a rural county north of Louisville, Kentucky. Most had shared needles while injecting a prescription painkiller. That year, Indiana ranked 17th in the nation in heroin and prescription opioid overdose deaths, with 1,245 deaths per 100,000 people.

Four years ago, the Legislature directed the state’s Medical Licensing Board to draft rules requiring patients to visit their doctors periodically to keep getting prescription refills. The changes included requiring doctors to use an online database to check patients’ use of controlled substances.

But stemming easy access to opioids probably contributed to the binge of 168 robberies in 2015, more than twice the previous year’s total, as more people addicted to prescription opioids robbed stores seeking painkillers and other potent drugs, said Greg Zoeller, who was Indiana’s attorney general at the time.

The holdups—sometimes more than five a day in Indianapolis—flooded the black market with nearly 200,000 pills, primarily painkillers.

“We knew full well that if you reduce easy access, you’re going to have these kinds of consequences,” Zoeller said.

Lt. Craig McCartt, who oversees robbery investigations for the Indianapolis Metropolitan Police Department, said 85 percent of Indianapolis’ pharmacy robberies in 2015 were committed by juveniles enlisted by adult dealers offering cash and gifts to rob the stores.

Amid that crime spree, Indianapolis police teamed up with the DEA, FBI and federal prosecutors for a multi-agency approach that’s led to the indictments of 35 people, including six juveniles, in 62 of the robberies.

The state’s two largest drugstore operators, Walgreens and CVS, have also installed time-release safes at their roughly 180 Indianapolis pharmacies and added armed guards at some stores in recent years.

Indiana’s pharmacy robberies dropped to 78 in 2016, but the state still ranked second in the U.S., behind California. The latest effort targeting the robberies is a law taking effect in July that will lead to longer sentences for people who threaten violence or injure anyone during pharmacy robberies.

Ken Fagerman, a former South Bend pharmacist who wrote a book about the robberies, said the pharmacy industry should not have tolerated the heists for years and shares some blame.

“It’s regrettable that more wasn’t done sooner,” he said.

Hot Jobs in Evansville

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Adopt A Pet

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Ambrose is a 6-year-old male orange tabby. He was picked up as a stray from Evansville Animal Care & Control. He’s a petite guy, weighing on 8 lbs. Amrbose is neutered & ready to go home today for only $30. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

 

Adopt A Pet

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Ellis is a 1-year-old male American Staffordshire Terrier. What’s important to know about Ellis is: he LOVES to play in water! At his first Cardio for Canines outing at Garvin Park, he may or may not have gone for a dip in Garvin Lake! His $100 adoption fee includes his neuter, microchip, vaccines, and heartworm test. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

 

Otters Win Series, Split Doubleheader with Miner

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Otters Win Series, Split Doubleheader with Miner

EVANSVILLE, Ind. – The Southern Illinois Miners and Evansville Otters split the doubleheader Sunday at Bosse Field, with Evansville winning 10-1 in game one before Southern Illinois avoided the sweep by beating the Otters 5-0 in the series finale in front of 1,782.

In game one, Jeff Gardner led the way with two two-run home runs. Gardner finished 2 for 3 with three runs and five RBIs.

Evansville scored four runs with two outs in the bottom of the first against Southern Illinois starter Ethan Gibbons.

A Gibbons’ wild pitch allowed Dane Phillips to score, giving the Otters a 1-0 lead. John Schultz’s RBI double scored Alejandro Segovia, extending the advantage to 2-0.

That’s when Gardner hit his first home run of the game, giving Evansville a 4-0 lead.

After both teams went scoreless in the second, Evansville put the game away with a three-run third.

Gardner’s second homer made the score 6-0 and an error later in the frame allowed Kolten Yamaguchi to score.

Nick Walker’s RBI double in the fifth made it 8-1. Schultz’s RBI single and Gardner’s fielder’s choice in the sixth capped the scoring in game one.

Max Duval continued his stellar pitching for the Otters, earning victory with his seven-inning complete game performance. He gave up an earned run off three hits and struck out 10.

Gibbons took the loss, surrendering six earned runs off 10 hits.

Along with Gardner, Schultz shined offensively after going 3 for 4 with two runs and two RBIs. He is a hit shy of 400 for his career with the Otters.

In game two, Southern Illinois opened the game by scoring once in the first and second before putting together a three-run third against Evansville starter Diego Ibarra.

Miner Tyler Stubblefield earned the victory with his complete-game shutout. He gave up just four hits and struck out 10.

Ibarra took the loss for Evansville, going four innings and giving up four earned runs off seven hits.

Yamaguchi had two of Evansville’s four hits in game two as he finished 2 for 3. Josh Allen went 1 for 2 and Phillips was 1 for 3.

The Otters will travel to Normal to play the CornBelters in a doubleheader Tuesday at 2:35 p.m. The series finale is Wednesday at 1:35 p.m. All three games will be broadcast on 91.5 FM WUEV with Lucas Corley on the call.

Evansville will return to Bosse Field for Edward Jones Night Friday at 6:35 p.m. The game will feature a postgame fireworks show and tickets are still available atevansvilleotters.com or by calling 812-435-8686.

FOOTNOTE: The Evansville Otters are the 2006 and 2016 Frontier League champions. Group packages and single game tickets are now on sale. For more information, visit evansvilleotters.com or call 812-435-8686.