Lawrenceburg Sued For Discrimination In zoning Issue

A zoning dispute has led to a lawsuit accusing the City of Lawrenceburg of discriminating against people with disabilities. The American Civil Liberties Union of Indiana (ACLU) filed the lawsuit on behalf of New Horizons Rehabilitation, Inc. against the city in U.S. District Court in New Albany.

In 2013, New Horizons was donated property in Lawrenceburg with the understanding that a home for individuals with disabilities would be built on the site zoned R-1 for “single, two, and multi family residential,” according to the city zoning code. The planned four-bedroom home would provide housing for three unrelated, disabled adults. But when the city’s zoning director learned of the home’s purpose, he told New Horizons that the home was considered a “four-unit boarding house/medical facility”.

The organization was asked to seek a variance from the Lawrenceburg Advisory Plan Commission. New Horizons officials and attorneys attempted to persuade the zoning director and city attorney over the past two years that the home would not be a boarding facility, but the city has maintained its position. Click here for a copy of the ACLU’s complaint.

Carmel Elected Officials Seek Big Pay Raises

Carmel elected officials could award themselves significant pay raises that would start next year. Under the salary ordinance that will be introduced at the Carmel City Council meeting on Monday, Mayor Jim Brainard would receive a 40% salary increase, and council members would see a 28% hike in salaries.

Brainard’s salary this year is $127,946. His proposed 2017 salary would rise to $179,344. The salary for council members would increase from $17,246 to $22,167. The higher salaries are a result of a citywide review recently conducted that compared compensation of Carmel employees to government workers in other Indiana cities and out-of-state communities. Click here for a full story from the Indianapolis Business Journal. The Fishers Town Council this month approved a 58-percent raise for its members starting next year.

Indy Council, Mayor At Odds Over Funding

Indianapolis Republicans on Thursday introduced a proposal to spend a portion of the road funding released by the state, but Mayor Joe Hogsett’s administration has proposed keeping the money in a rainy day fund in 2017 to shore up the city’s dwindling reserves. Hogsett does propose his own infrastructure plan, but suggests funding it differently. Hogsett’s plan calls for a $50 million infrastructure plan with $20 million in road bonds, part of a larger $75 million series of bonds for parks, two new fire stations, and a public safety dispatch system, among other items. Click here for the full story from the Indianapolis Star.

BMV Still Grappling With lawsuit

The Indiana Bureau of Motor Vehicles (BMV) and attorneys launching a class-action lawsuit against the agency are more than $100 million apart on what they say the BMV owes its customers for years of inflated fees for titles and registrations. Marion Superior Court Judge John Hanley asked for an extension to decide whether the BMV owes state residents more than the $32 million it is in the process of refunding. This is the second class-action suit regarding overcharging. In 2013, the BMV settled a lawsuit for $30 million that focused on fees for driver’s licenses.

EDITOR FOOTNOTE:  Joshua A. Claybourn is Counsel in the Firm’s Evansville, Indiana, office. As a member of the Commercial Law and Health Care and Finance Practice Groups, Mr. Claybourn advises clients in matters of business and corporate law, governmental services and public finance. He has extensive experience providing solutions‑oriented advice on a wide range of legal issues, including complex commercial transactions, regulatory compliance and economic development.

A native of Evansville, Mr. Claybourn is a graduate of the Indiana University Kelley School of Business and the Indiana University McKinney School of Law. He was recognized by Indiana Lawyer in its first statewide award as an “Up and Coming” lawyer. He is actively involved in the community and helps lead and support several civic and non‑profit organizations.

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

Making Sense by Michael Reagan

The Great Debate already seems weeks ago.

I watched every minute of it with my wife and daughter and a glass of good wine.

I’ve found it’s the heart-healthiest way to watch a presidential debate, because you can’t scream like hell and wave your arms around with a glass of wine in your hand.

We all know that Trump did well in the first 20 minutes of Monday’s debate because he stayed on message. We also know he lost the debate and missed a dozen opportunities to hit Hillary.

Donald’s main problem was the same one I talked about weeks ago — he doesn’t know when it’s time to just shut up.

What’s worse, as he proved over and over again, he still hasn’t learned how to pivot like a politician.

One of Trump’s most appealing traits is that he’s not a professional politician who’s had decades to practice the low art of lying and speaking in legalese —- like Hillary.

But all successful politicians, good and bad, have to know how to pivot.

When a reporter asks how your health is, you say, “Great. I’m feeling almost as good as I did last week when I heard the FBI director say Hillary Clinton was careless with her classified emails.”

When Lester Holt asked Trump the Obama birth certificate question —- which everyone in North America knew was coming —- Donald should have said something like:

“Glad you asked, Lester. That issue’s settled. President Obama is like Bruce Springsteen. He was born in the USA. Now let’s talk about something that actually matters to voters —- like Secretary Clinton’s deleted emails or her long list of failures in the Middle East.”

Instead, when Trump got the birther question, he flew into his narcissist mode. He sounded petty and stupid and everyone watching the split-screen knew it.

It got even worse when Hillary and her team sprang their well-planned surprise and brought up the ugly things Trump supposedly said 20 years ago to or about Miss Universe Alicia Machado.

It was a great debate stunt. Trump had no way of seeing it coming. But as usual, he didn’t have the sense to just shut up.

He took the bait and now all this week the former Venezuelan beauty queen has been on the front pages instead of Trump or Hillary’s emails.

Millions of women, especially the ones in the news media, are now outraged at Trump for publicly “weight-shaming” Machado.

They don’t care that Machado broke her contract with the Miss Universe pageant or that Trump apparently saved her from being fired for her weight gain and helped her slim down.

The liberal media will never let the real story or the facts get in the way of their pet narrative that Trump is a sexist pig.

Ms. Machado is their innocent victim of the week. And the media will believe her version of the story even if Sean Hannity digs up a video of her machine-gunning a bank teller in Caracas or going out on a date with Bill Clinton.

With or without Machado, everyone —- including by now, I hope, Trump —- knows Hillary Clinton kicked his butt.

He won the first 25 minutes of the debate, but Hillary won the rest. When Trump was on message, he was good. But when he went into the weeds he fell apart and missed a dozen chances to pivot.

Worst of all, it was clear to 85 million people that she was prepared and presidential. He was neither.

Trump has two more chances to prove he’s not as awful, incompetent and stupid as he was Monday.

Maybe he can learn a lot from his mistakes. Let’s hope so, because he made too many of them to count.

My father recovered from his first debate against Mondale in 1984. Obama did the same against Romney in 2012.

Trump can do the same thing. But like my mother always said to me, “Michael, you’ll never learn anything with your mouth open.”

It’s time for the Donald to shut up and start listening.