Olivia Covington for www.theindianalawyer.com

A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit.

Hamilton Superior Judge Steve Nation denied almost all of the motions the cities of Carmel, Indianapolis, Bloomington and Columbus filed to dismiss a lawsuit brought against them and their human rights ordinances by the Indiana Family Institute Inc., Indiana Family Action Inc. and the American Family Association of Indiana Inc. The three conservative family values organizations argue in their complaint that the human rights ordinances in each of the four cities, which all provide protections against LGBT discrimination, are unconstitutional and “substantially burden” the organizations’ religious freedom by preventing them from hosting pro-traditional marriage events in the cities.

Specifically, Terre Haute attorney Jim Bopp of the Bopp Law Firm argued before Nation on Nov. 2 that the “fix” to the controversial Religious Freedom Restoration Act was unconstitutional because it prohibits LGBT discrimination unless a person or organization is affiliated with a church or a member of the clergy. With the fix in place, Bopp said the family values groups have no legal protection against the human rights ordinances.

But counsel for the four cities told Nation at the hearing that the three organizations had not yet been negatively impacted by the ordinances and, thus, had no legal standing to bring their case. Further, the cities told Nation that because there had been no actual injury to IFI, IFA or AFA, the case was not ripe for judgment.

Specifically, the four cities, which all presented similar arguments, argued that the case should be dismissed on the basis of Indiana Trial Rules 8, 12(B)(1), 12(B)(6) and 19(A). Nation denied all motions for dismissal under Rules 8 and 12(B)(1).

However, the Hamilton County judge did dismiss IFI and IFA’s claims against the city of Indianapolis under 12(B)(6),  for “failure to state a claim upon which relief can be granted.” All other 12(B)(6) motions were denied.

Nation did grant the motions to dismiss under 19(A), writing that Bopp and the plaintiffs had 20 days to file a second amended complaint adding the state of Indiana or the appropriate state officials as a party. The cities had argued Nov. 2 that Republican Attorney General Greg Zoeller should have been included as a party to the suit, but Bopp said the state had the option of joining the complaint and chose not to.

Additionally, the individual members of the Indianapolis-Marion County Equal Opportunity Advisory Board, Bloomington Human Rights Commission and Columbus Human Rights Commission, who are named as defendants solely in the official capacities, were dismissed from the suit. However, motions to dismiss the Bloomington and Columbus human rights commissions were denied.

Libby Goodknight, attorney for the city of Carmel, Alan Whitted, Columbus city attorney, and Thomas Cameron, Bloomington assistant city attorney, all said they couldn’t comment on the order.

Pam Schneeman, attorney for the city of Indianapolis, and Bopp did not immediately return a message seeking comment on Nation’s order.

Indianapolis – HomeAdvisor, the nation’s leading online home improvement marketplace based on revenue and the number of sales professionals, announced plans today to expand its operations here, creating up to 170 new jobs by 2017.

“Across the state, job creators like HomeAdvisor are seeing the benefits of doing business in a state that works,” said Governor Mike Pence. “With office locations across the nation, HomeAdvisor had choices on where to grow, but opted to create jobs here because of our low-cost, low-tax, pro-growth business climate and our skilled Hoosier workforce. Indiana is now recognized among the top five states for doing business, and today’s news marks another milestone for our economy, which has added more than 161,800 new jobs since 2013.”

The Denver-based company, which is an operating business of IAC (NASDAQ: IAC), will invest $1.9 million to more than double its footprint in Indiana, expanding its current office space at 1 Virginia Ave. and adding another facility at 342 Massachusetts Ave. HomeAdvisor is currently renovating both spaces, adding 5,444 square feet to its existing 6,494-square-foot facility on Virginia Avenue and readying a new 8,800-square-foot facility on Massachusetts Avenue, which is expected to be complete in March 2017. Both locations will include collaborative workspaces, training rooms, employee lounges and adjustable standing workstations to accommodate the company’s growing sales team.

“Our Indianapolis team offers unrivaled talent and energy – and we look forward to expanding our presence in the Hoosier state,” said Craig Smith, president of HomeAdvisor. “With domestic revenue up 39 percent year over year, the company is on an incredible trajectory. The opportunity for employees to grow and succeed is significant.”

Founded in 1999, HomeAdvisor has connected more than 40 million homeowners across the nation to its network of prescreened home service professionals. In addition to its headquarters, the company has offices in Colorado Springs, Denver and Golden, Colorado; Indianapolis; Kansas City and New York City. Beyond Colorado, Indiana is the only state where HomeAdvisor has multiple offices, which are strategically designed to establish and maintain intimate environments for its employees in urban neighborhoods. The company has been recognized as a top place to work in both Colorado and Kansas, and fosters an energetic atmosphere with a focus on personal and departmental growth, community involvement and a work-life balance.

HomeAdvisor employs more than 2,000 associates throughout the country, including 70 full-time employees in Indiana. The company is now hiring for sales positions at both Indiana locations as part of its growth. Interested applicants may apply online.

The Indiana Economic Development Corporation offered HomeAdvisor Inc up to $1,250,000 in conditional tax credits based on the company’s job creation plans. These tax credits are performance-based, meaning until Hoosiers are hired, the company is not eligible to claim incentives. The city of Indianapolis supports the project in partnership with Develop Indy, a business unit of the Indy Chamber.

“Technology has made everyday information gathering so much more accessible via services like HomeAdvisor,” said Indianapolis Mayor Joe Hogsett. “As Indy’s diverse neighborhoods continue to grow, services like HomeAdvisor offer an opportunity for our citizens to find the best resources available. While the nation continues to invite the resources of HomeAdvisor into its homes, we’re excited that this great organization has chosen to expand in ours.”

HomeAdvisor’s growth plans continue a trend of companies choosing to expand and add new jobs across the state. Indiana’s unemployment rate remains at 4.5 percent, which is below the national average of 5 percent and below all of Indiana’s neighboring states. Since January 2013, Indiana businesses have added 161,800 new Hoosier jobs.

Indianapolis – Tomorrow afternoon, First Lady Karen Pence will welcome incoming First Lady Janet Holcomb to the First Lady’s office in the Statehouse and to the Governor’s Residence. Details below.

MANDATORY: Credentialed members of the media who wish to cover First Lady Karen Pence and incoming First Lady Janet Holcomb must RSVP to Stephanie Hodgin at shodgin@gov.in.gov by no later than TODAY, November 17 at 8:00 p.m. EST, and specify which event they plan on attending. Only one reporter and one camera per outlet may attend due to limited space.

2:15 p.m. EST – First Lady Karen Pence to welcome incoming First Lady Janet Holcomb to First Lady’s office

*The welcome will be open for press coverage at the top only. Stills and video only.

Statehouse, First Lady’s Office – Room 215, 200 W. Washington Street, Indianapolis, IN

(Approximately) 3:15 p.m. EST – First Lady Karen Pence to welcome incoming First Lady Janet Holcomb to Governor’s Residence

*The welcome is closed to media, but members of the media can enter the grounds of the Residence to record B-roll and stills of First Lady Karen Pence and incoming First Lady Janet Holcomb as they enter the Governor’s Residence. Credentialed members of the media who are planning to attend must arrive at the Governor’s Residence no later than 2 p.m. for a U.S. Secret Service security sweep.  

Indianapolis – Vice President-elect Governor Mike Pence issued the following statement regarding the passing of William F. Harvey, the Dean Emeritus and Carl M. Gray Emeritus Professor of Law at the Indiana University Robert H. McKinney School of Law:

“Professor Bill Harvey was a personal mentor of mine and an intellectual giant who, throughout his distinguished career, garnered the respect and admiration of his peers, colleagues and students. His awards and recognitions were numerous, and his body of work will serve as a guide for those studying the law for generations to come.

“His affinity for the law inspired a generation of Hoosiers, myself included. Indeed, Indiana’s loss with the passing of this extraordinary man is my personal loss. I will always remember Professor Harvey as a champion of the Constitution, a mentor, a veteran and a man of faith.

“The Good Book tells us that the Lord holds his faithful servants in the moment of their passing, and as we mourn the loss of William F. Harvey, Karen and I offer our deepest condolences to those who knew and loved him.”