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Gentlemen’s Day Saturday & Alles Brothers Day Sunday

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Dollar Day is Back This Sunday, Too!

We are kicking off another exciting weekend of Live Racing this Friday! Saturday will be Gentlemen’s Day at the Track. Enter to win great prizes from Ellis Park! Then we will cap off the weekend on Sunday with Alles Brothers Day. Its another chance to win as we will give away great furniture from Alles Brothers Furniture! Sunday is also Dollar Day! Everyone can take part in $1 hot dogs, peanuts, ice cream, beer and bottled water.

Don’t forget that we will be racing on Thursday, September 1st. This is to make up for our cancellation on the 4th of July.

Our Live Racing season will wrap up on Labor Day, Monday, September 5th, 2016. We will run Friday, Saturday, Sunday & Labor Day, September 5th. There will be no live racing on September 3rd.  Grandstand opens at 9 AM, concessions & mutuels open at 11 AM, our first post begins at 12:50PM (Central Time).

Are Animal Hoarders Criminals?

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        The Stereotype Of The Crazy Cat Lady Has Some Truth to It.
        By SARAH BREITENBACH

You know the character: The person who is struggling with trauma or mental illness, and has more animals than he or she could possibly provide for. un-neutered and confined to the house, the hoard multiplies quickly. The animals get sick, some die.

Reports of people hoarding animals are on the rise, driven partly by the attention social media and reality TV programs have focused on the public health and safety problem. And states and localities are finding themselves walking a fine line between criminalizing the compulsive behavior and helping people with the mental illness that underlies it.

The American Society for the Prevention of Cruelty to Animals (ASPCA) estimates there are between 2,000 and 5,000 new hoarding cases reported each year, with up to 250,000 animals involved. The average number of animals involved in a case is 50, the ASPCA said, though it also has seen instances in which more than a thousand animals were hoarded.

Each case poses potential health and safety concerns for the animals and people. Keeping too many pets can lead to neglect and inbreeding. People living in hoarding situations can get sick from excessive exposure to their pets’ waste. Large amounts of animals and clutter in a house can pose obstacles to escaping during an emergency. 

In only two states — Hawaii and Illinois — is animal hoarding explicitly prohibited, according to the ASPCA; others rely on animal neglect statutes that prosecute hoarders for failing to provide adequate food, water, veterinary and other care.

But prosecutors are often hesitant to pursue these time-consuming cases because they require finding care for living animals and filing separate charges for each animal victim. So, groups like the Animal Legal Defense Fund (ALDF) are pushing states to adopt laws that could end hoarding in other ways.

This year, Idaho passed a law that allows judges to order a psychological evaluation for animal hoarders and the Alaska and Georgia legislatures passed measures to make people convicted of hoarding pay for the care their animals receive from rescue agencies.

In 2015, Oregon added animal crimes to its nuisance abatement law, a move Lora Dunn, a lawyer with the ALDF, hopes will be adopted in other states.

The law allows residents or business owners to sue people for violating the state’s animal neglect laws. It has only been in effect since January and has not been used yet, but the ALDF is primed to assist, Dunn said.

Prosecuting animal hoarding cases is important, Dunn said, because without long-term intervention animal hoarders are all but guaranteed to reoffend. They need to be monitored for future instances of hoarding, she said.

“We know without a shadow of a doubt that these folks will go on to harm animals in the future. So having that mechanism in place helps to prevent future suffering for those animal victims.”

Crime or Illness?

But stopping animal hoarding cases is more complicated than just filing criminal charges and taking away beloved, though neglected, pets, said Randall Lockwood, a psychologist working on anti-cruelty projects at the ASPCA.

Prosecuting animal hoarders is equivalent to criminalizing a mental health disorder, he said. In 2013, “hoarding disorder” was added to the Diagnostic and Statistical Manual of Mental Disorders. It was linked to obsessive-compulsive disorder, addictive disorders and personal trauma, like the loss of a spouse.

Unlike people with obsessive-compulsive disorder, who are typically aware that their behavior is unusual, hoarders often cannot acknowledge their problem.

“They believe that the animals love them for whatever care they give and often it is extremely inadequate care, but that is not the way they perceive it,” Lockwood said.

Many animal hoarders he has encountered suffered abuse as children and had parents who were alcoholics or drug addicts. Often, they were looking to pets to fill the void of human bonds.

That attachment persists even after the animals are dead, he said, pointing to a case in which an animal hoarder in Virginia made individual coffins for his “dozens and dozens” of cats, keeping their remains in a shed.

“The reality is animals can be great companions, but they’re not the equivalent of people,” Lockwood said.

And that’s why traditional criminal sanctions don’t work for hoarders, he said, adding that hoarding-specific laws, like Hawaii’s and Illinois’, are unnecessary because existing neglect standards already cover situations that cause pain and suffering to animals.

States, mental health experts and animal rights advocates should instead focus on harm reduction and helping hoarders manage their compulsion, which is unlikely to be cured, he said.

“Just going in and taking away their stuff, removing the animals and then thinking, ‘OK, the case is over’ — that’s never a solution because you haven’t gotten to the base of the problem.”

Rather than criminal penalties on hoarders and banning them from having pets, Lockwood said it would be better to leave a few healthy animals in their care for long periods of probation. That would give mental health and animal control officials legal recourse to check up on them.

Robin Zasio, a California psychologist who has appeared on the A&E show “Hoarders,” said most state and local laws that can be used to prosecute hoarders are loose and don’t address animal cruelty until it becomes extreme.

“Many people have more animals than their land” is legally approved for, she said. “But if they’re taking care of them, no one actually cares.”

Animal hoarding would be better addressed by enforcing city-level limits on animals, she said. Officials could tell a hoarder that they have a certain amount of time to surrender a portion of their hoard, ultimately facing repercussions if they do not comply.

But local agencies and county case workers are not equipped to solve the underlying problem that leads a person to hoard animals, she said. That requires therapy and teamwork, a task Zasio spends at least six weeks working on with her hoarding clients.

In Arizona, preventing hoarding is a matter of creating more concrete requirements for providing food, water and shelter as well as increasing penalties for neglect, said Christopher West, who oversees animal cruelty cases for the Arizona Humane Society. Improving these standards would make it easier to address animal neglect before it gets out of hand, he said.

“Right now in Arizona, if you have a measuring glass of water in your backyard, so long as there’s a little bit of water for the animals, it’s legal.”

Crazy Cat Lady

While the characterization of the crazy cat lady has some ring of truth, Lockwood points out that hoarding is a disorder that crosses cultures, ages and genders.

Hoarding can occur in families or couples, he says, and hoarders often appear well outside the home — many of them are professional caregivers, such as teachers and nurses.

West said he’s seeing more hoarding cases in the six Arizona jurisdictions he covers. But he attributes that increase to more awareness about hoarding.

Hoarding has become so widely talked about that most major cities have a hoarding task force. And the FBI started to track animal cruelty this year in part because it can be an indicator of larger crime.

Lockwood said increased awareness of the problem is probably a good thing.

“Grandma has 15 cats, two of them don’t look so good,” he said. “If we can help out in that, that’s a lot better than waiting until we have 200 cats [and] most of them need to be euthanized because they’re so sick.”

INDIANA PACERS WILL TAKE ON MILWAUKEE BUCKS OCTOBER 12 AT FORD CENTER

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VENUWORKS AND OLD NATIONAL PRESENT:

INDIANA PACERS

VS

MILWAUKEE BUCKS

OCTOBER 12TH- FORD CENTER
Evansville, IN – VenuWorks and Old National are teaming up to host the first National Basketball Association game at Ford

Center October 12th, featuring Central Division rivals Indiana Pacers and Milwaukee Bucks. Game time is 6:35 p.m. CST.

The Pacers’ roster features USA Olympian and NBA All-Star Paul George, rising star Myles Turner and recently acquired point guard Jeff Teague, an Indianapolis native. The Pacers are led by new head coach Nate McMillan. The young Bucks are coached by Jason Kidd.

“I think it’s great any time we can take our team to different parts of the state and let our fans in these areas see us in person,” said Pacers President of Basketball Operations Larry Bird. “We take pride in being the ‘Indiana’ Pacers and look forward to going to Evansville. We think the fans there will like our team and our opponent, Milwaukee, is one of the young, talented teams that could be a playoff team this season.”

Tickets will go on sale Friday, August 19 at 10 a.m. CST and $1 from every ticket will be donated to the Boys & Girls Club of Evansville.

Back To School

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Dear Friend,

With the start of the new school year, please be mindful of students entering and exiting school buses.

[Click here to tweet a safety message to other Hoosier drivers]

Remember, state law requires motorists to stop when a school bus is picking up or dropping off children. Watch for school buses with their stop arms extended and red lights flashing, which means drivers from all directions must stop.

This law applies to all roadways, unless it’s divided by a physical barrier.

Look out for increased pedestrian traffic and posted speed limits in school zones. If you have a child who rides the bus, click here for tips to help keep them safe.

Best wishes to our students, parents and educators for another safe and fun school year!

Sincerely,

Adopt A Pet

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Doug is a 2-year-old male black & white cat. He lives in the Cageless Cat Lounge and gets along just fine with other kitties. He’s already neutered and can go home TODAY! His $30 adoption fee also includes his vaccines, microchip, FeLV/FIV test, and more. Call the Vanderburgh Humane Society in Evansville at (812) 426-2563 or  visit www.vhslifesaver.org for adoption details!

7th Circuit: Defendants didn’t prove dismissal for forum non conveniens

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Jennifer Nelson for www.theindianalawyer.com

The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.

Ashoke Deb contracted with Indian moving company Allied Lemuir to move his belongs from Calcutta to Canada. After signing a contract, Allied Lemuir sought more money to ship his belongings, but Deb refused. While dealing with Allied Lemuir, he contracted with the United States companies of SIRVA and Allied Van Lines to obtain his belongings. Deb learned more than three years later that Allied Lemuir had sold his property to pay the additional amounts it demanded from Deb regarding demurrage, fumigation, renewal of customs charges and sea freight.

Deb then sued SIRVA and Allied Van Lines in Indiana state court, but the case was moved to federal court. The companies, Delaware corporations, have corporate offices in Indiana.

SIRVA and Allied Van Lines filed a motion to dismiss based on the grounds of forum non conveniens, which the federal court granted in June 2014. Judge Tanya Walton Pratt held that both Indiana and Canada offered appropriate alternative forums for the action.

But this was incorrect, the 7th Circuit held in Ashoke Deb v. Sirva Inc., et al.,14-2484.

“Combing the principles we discussed … that the district court may look beyond the bare allegations of the complaint where the defendants dispute facts related to venue, and that defendants bear the heavy burden of showing an alternate forum — we look to see whether the district court placed the burden on the defendants to demonstrate that an alternative forum was available, and whether the defendants met that burden,” Judge Ilana Rovner wrote.

“We conclude that the district court did not hold the defendants to the burden, nor did the defendants meet it. To the contrary, to the extent the defendants offered any evidence or argument at all, it was evidence that they would not, in fact, be subject to jurisdiction in India.”

The only way Deb could sue the companies in India is if they had something to do with the wrongdoing in India, but while making the argument that India has jurisdiction, the defendants refuse to acknowledge an actual legal affiliation with Allied Lemuir, Rovner pointed out.

With regard to the possibility that Canada offered a possible forum, Rovner noted the parties never briefed the issue of the Canadian court as an alternative forum and instead cited the Colorado River Doctrine, which allows courts to conserve judicial resources by not taking jurisdiction when there is a parallel proceeding elsewhere. But the district court didn’t engage in a Colorado River abstention analysis or a similar forum non conveniens analysis about Canada similar to that of India.

Torres attests to great work done by Jordan’s starting-gate crew

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The whole thing took maybe five seconds.

But if not for the instantaneous reaction and action of Ellis Park’s starting-gate crew last Sunday, jockey Francisco Torres probably wouldn’t be riding this weekend — maybe never again.

Sunday’s scary mishap — when Torres’ mount, Blake Beauties, flipped in the gate and the jockey wound up going to the hospital — provides a high-profile case study of the horsemanship, agility, quick thinking and bravery that the starting-gate crew displays on a regular basis but largely out of the limelight. It also displays the amazing athleticism, toughness and durability of jockeys.

Here’s what happened in the fifth race, for $5,000 claimers going 5 1/2 furlongs on the turf:

“I’m in the 1 hole waiting for the other horses to load,” Torres said. “She went backwards so high. She didn’t throw me out the back, so I just stayed on her. I didn’t step off or anything. Well, when she came down, she went down forward so quick, that she threw her head underneath her front legs and pitched me right over her head. I didn’t have any chance whatsoever to react. I just fell underneath her. One second I’m on her back and the next I’ve got nothing but (her) legs.”

When Blake Beauties reared again, Torres fell from being pinned between the horse and the gate stall’s front doors. Starter Scott Jordan instantaneously pulled Torres out from under the gate.

“I’m on the bottom,” he said. “Not because she’s doing it intentionally, but she’s nervous and I’m down there trying to scramble to get out and pushing on her. And she’s going berserk. At one point I put my hands up to cover my face, and that’s when she hit me with a hoof and split my arm open. At that same moment I just felt somebody – which was Scott — reach up there and pull me right off from underneath the gate.”

A split-second later, Blake Beauty flipped, twisted and got stuck in her gate stall. By then, Torres was out and the assistant starters had unloaded the horse next to her and were backing out the others to keep them from getting riled.

“That’s instinct,” Jordan said. “I just ran out there and grabbed him. He was in a bad spot. And then he said his neck (was bothering him), and then I was worried, ‘Now, I’ve messed something up worse because I jerked him out of there.’”

Torres has resumed riding at a high level after three broken necks throughout his long career. So when he said his neck was bothering him, Jordan was clearly a man beating himself up. Jordan, however, was the only one second-guessing his action. State steward Barbara Borden, who saw the action live and in replays, called his fast work “heroic.”

The biggest endorsement comes from Torres.

“I called Scott when I heard he was concerned,” the jockey said. “I thanked him and said, ‘Actually, you saved my life.’ I would have done the same thing. What are you supposed to do? Let the horse trample someone in there?…. It was a very heroic move.”

Asked how long the sequence took, Jordan queried one of his lieutenants, Jody McShane, and said, “What do you think the whole thing took? Five seconds?”

From his post in front and just off the side of the gate, Jordan was in closest proximity, because his team was all behind the gate loading horses or in the gate with horses that had already gone into their starting stall.

In an equine version of NFL Hall of Famer Gale Sayers’ mantra in his best-selling biography “I Am Third,” the starting-gate members place their own welfare behind  the jockey and then the horse.

“That’s our first thing: Get the rider out of there,” Jordan said, adding of Torres, “And no one could from the back of the gate. It was just lucky I could get there from the front of the gate and do it, because nobody could get there quick enough. They’re trying to get the other horses out of there and keep something else from getting hurt. They’re doing their job, because I already had Torres and gave him to someone else and said, ‘Take him to the ambulance; his neck’s hurt.’”

The assistant starters still faced a dangerous situation with Blake Beauties. She’d gotten a front leg up on one of the pontoons, the four-inch ledge upon which assistant starters stand in the gate with a horse, and another leg under the gate. Still, extricating a scared horse who weighs a half-ton with very hard hooves from a confined space is just part of a gate crew’s job description.

“That’s just routine for us,” Jordan said. “You don’t panic. You don’t go yelling and screaming and everything. You assess what you’ve got to do and you do it. And you do it in a timely fashion and you try to keep someone else from getting hurt. These guys, they forget about themselves. They just go in and do it. It’s not, ‘I could get hurt when I run in there.’

“Everything worked out well. The horse got beat up some, but no serious injuries. Cisco got beat up some, but no serious injuries. If you look at it in the big picture, it was a good outcome on a bad situation.”

Meet Scott Jordan and his crew, along with jockey Sophie Doyle

The public can meet Jordan and his crew and see in person how they work to teach horses to break safely from the starting gate. “Making of a Racehorse,” Ellis Park’s Saturday morning fan experience staged in conjunction with the Kentucky division of the Horsemen’s Benevolent and Protective Association, begins every Saturday morning in August at 7:30 Central by the starting gate, with parking adjacent in Ellis’ south end parking lot by the Ohio River levee.

This week’s participating jockey is Sophie Doyle, who finished a close second in last Saturday’s Groupie Doll Stakes in only third mount since returning from a badly fractured collarbone. The free event, with kids welcomed, moves from the starting gate to trainer John Hancock’s barn, where conversation will include Dr. Bruce Howard, the Kentucky Horse Racing Commission’s chief state veterinarian, and KHRC director of enforcement Chris Clark. Also on hand answering questions  will be track announcer Jimmy McNerney.

jordan talking to crew

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Owner Albaugh, trainer Romans sweep pair of 2-year-old maiden races

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Dennis Albaugh’s Albaugh Family Stable and trainer Dale Romans swept Ellis Park’s pair of 2-year-old maiden races Friday, with Not This Time romping by 10 lengths in the mile fourth race and Reedini prevailing by 3 1/4 lengths in the 6 1/2-furlong seventh.

“Wow! Wow! Wow!,” jockey Robby Albarado said as he was lead into the winner’s circle aboard Not This Time.

Not This Time, in his second career start after breaking slowly and finishing fifth in a tough Churchill Downs’ maiden race won by eventual Saratoga stakes-winner Bitumen, powered to a 10-length victory over Society Beau, covering the mile in 1:35.99 with a final eighth-mile in 11.82 seconds even with Albarado gearing down. He paid $3 as the 1-2 favorite.

“That’s impressive,” Albarado said. “What I felt was extreme talent there. What a nice horse! I rode him first time and he did everything possible wrong he could do. Today he broke, put himself in the race. I wasn’t planning going to the front, but man, a nice horse. Take nothing from the rest of them. But I could have squeezed him and sprinted home faster than he did. Some kind of feeling.”

Continued Albarado, rider of Horses of the Year Curlin and Mineshaft: “I’ve been on just a few of those. Just a few.”

“He’s the real deal,” Romans said from Saratoga, as he prepared to fly to Chicago for Saturday’s big race card. “I told Robby the first time he rode him that he might be as good a horse as he’s ever ridden. Of course, he didn’t break that day. This is a serious, serious racehorse.”

Romans said they were looking for a mile race to use as a steppingstone to Churchill Downs’ $150,000, Grade III Iroquois Stakes at 1 1/16 miles on Sept. 17, a race whose winner gets their entry fees paid and a travel stipend to the $2 million Breeders’ Cup Juvenile at Santa Anita.

“That was pretty spectacular, but I expected a big effort,” Romans said. “I knew that he was special. It’s nice for him to go on and back up what he was showing in training.”

Not This Time is a son of Giant’s Causeway, who also the sire of Albaugh and Romans’ Toyota Blue Grass winner Brody’s Cause. His mom, Miss Macy Sue, was a top sprinter who also has produced Breeders’ Cup Dirt Mile winner Liam’s Map and the stakes-winning Taylor S. Romans said he believes the source of the name is Albaugh’s chagrin over selling $1.35 million-earner Liam’s Map as a yearling for $800,000 at Keeneland’s 2012 September sale.

Channing Hill picked up the mount on Reedini when jockey David Flores got stuck in New York because of flight cancelations. Reedini also led all the way to prevail over Texas Sky, who wore down the Churchill Downs Racing Club’s Warrior’s Club to take second by a head.

“He’s all right. That was a nice work for him,” Hill said of Reedini, who covered 6 1/2 furlongs in 1:16.88 as the 8-5 favorite. “I’m just glad to pick up the mount. This is my first win for Dale Romans; I’ve had a lot of seconds and thirds for him.

“There’s a little greenness. But he’s very smart, an intelligent little horse, wants to do everything right. He kind of surprised me when he made the lead down the backside. Honestly, I thought they went a little slower because he just did it so easily. Then he took a couple of nice deep breaths around the turn, and when I asked him at the top of the lane, he got a little pressure and showed his little turn of foot. Then he just kind of idled from the eighth pole out. Even galloping out, any horse that takes you back galloping out, is one you feel like will really progress.”

Reedini, a $350,000 yearling purchase who is out of the same mare as the champion sprinter Midnight Lute, also was making his second start, having been third by a total of a half-length in the slop June 23 at Churchill.

Reached for a second time by phone, Romans said of Reedini, “This is another good one.”

Romans said he didn’t know about running the two horses against each other in the Iroquois, given the common ownership. “But we’ve got a van, we can travel,” he said. One possibility could be a race in New York, he said. “We’ll just see how things unfold the next couple of weeks.”

Trainer Ian Wilkes, whose horses running at Ellis Park are overseen by assistant Bob Tucker, won his eighth race of the meet as Lucky Seven Stable’s 4-year-old filly Sweet Tapper and jockey Corey Lanerie spurt out of the pack to take the $39,000 entry-level allowance on turf by a half-length over Sister Blues and Joe Johnson.

On the claiming-ranks front, James Utley’s Showbiz Star became the the fifth horse to win twice at the meet — and the first of those to also have a second — as the 5-year-old gelding captured the fifth race. Claimed by trainer Jeff Barkley for Utley for $8,000 at Churchill Downs, Showbiz Star was a close second for $7,500 July 9 at Ellis before winning for the same claiming price July 22. In for a $5,000 claiming tag in Friday’s 1 1/16-mile turf race, he won as the favorite by two lengths over Sky Alert. He was claimed back out of the race by his prior connections, trainer Thomas Trione and owners Bonnie and Ken Schreiter.

“We were just looking for something to win some races and got lucky,” Barkley said. “He’s a pretty neat little horse. It worked out well. You get lucky sometimes when you claim a horse; it doesn’t always turn out that way. He was in where he needed to be. The name of the game is to win some races, and we’ll find another.”