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Court battle heats up between state, Monarch Beverage affiliate
Kayleigh Colombo for www.theindianalawyer.com
The legal battle between the Indiana Alcohol & Tobacco Commission and Spirited Sales LLC — an affiliate of Monarch Beverage Co. — is escalating, despite a Marion County judge’s ruling last week that Spirit is entitled to become a liquor wholesaler in the state.
The state, represented by the Indiana Attorney General’s Office, filed a motion on Tuesday asking Special Judge Heather Welch to stay her decision while it appeals. In her Aug. 24 ruling, Welch ordered the ATC to grant Spirited a liquor permit, finding that the commission was “arbitrary and capricious†in its decision to deny Spirited Sales the permit in 2014.
The state argues that granting Spirited Sales a permit to wholesale liquor would “effectively grant Spirited Sales a competitive market advantage not enjoyed by all other similarly situated industry stakeholders.â€
“The ATC will be placed in the impossible position of trying to evaluate and act on current and future permit applications which would have been unmeritorious … while the legal questions in this case remain undecided by an appellate court,†according to the state’s filing.
The parties — which have been at odds for years as Monarch and its affiliate tried to enter the liquor wholesaling business — are scheduled to face off at an emergency hearing scheduled for Wednesday.
In a filing Thursday, Spirited asked the court to hold the ATC in contempt, saying it is “deliberately delaying its execution of the court’s order and ultimately … failing to comply with it.â€
Spirited said that after last week’s court decision, the ATC refused to grant the permit that would have allowed it to start its business — instead saying that first Spirited needed to comply with an inspection by the Indiana State Excise Police. Days after Spirited’s lawyers scheduled the inspection, the state filed the motion to stay the ruling.
“Based on the Commission’s and its counsel’s misleading representations, Spirited declined to seek the Court’s assistance with enforcing its Order, participated in good faith in the inspection, and was prevented at every turn from obtaining its permit and commencing business as a liquor wholesaler,†according to Spirited’s filing.
The filing added: “Despite the Court’s clear directive to the Commission, the Commission has ignored and misled Spirited’s counsel, reneged on its own counsel’s promises, and let the curtain slip on its ruse to further delay its obligation to issue Spirited the permit while it prepared its filings requesting a stay of the Court’s Order and noticing its appeal.”
The latest developments follow an already rocky history between Monarch, the state and Monarch’s competitors.
Monarch Beverage has for years tried to get into the spirits business — including unsuccessful lobbying attempts at the Legislature to change Indiana’s alcohol regulations that forbid a beer wholesaler from also wholesaling liquor.
Spirited contends it does not violate that prohibition because it is a separate corporate entity from Monarch.
The two firms do have a lot in common, however. The same shareholders who own Monarch also own EF Transit Inc., a transportation firm that owns Spirited Sales. Phil Terry is CEO of both Monarch and EF Transit.
The ATC shot down Spirited’s permit request in 2014, arguing that state law prevents wholesalers “from directly or indirectly having an interest in both a beer wholesaler’s permit and a liquor wholesaler’s permit.â€
But in her ruling, Welch said the ATC’s decision seemed “disingenuous,†since it had a long history of granting various types of alcohol permits to companies in similar situations.
Emails released as part of the latest court case show how Monarch’s attempts over the years to wholesale liquor often met with disapproval by officials at the ATC and in the Indiana Governor’s Office.
In Welch’s ruling, the court called emails between the state, the ATC and Monarch’s competitors “disturbing and inappropriate,†and said they “challenge the integrity of the application process and raise questions about the [ATC’s] willingness to serve all citizens of Indiana equally, fairly, and without bias.â€
CHANNEL TV NEWS BREAKING NEWS: U.S. Congressman Ed Whitfield Resigns
 U.S. Congressman Ed Whitfield notified Kentucky Governor Matt Bevin that he will be giving up his seat September 6th. This resignation will call for a special election to fulfill the rest of Whitfield’s term that ends in January.
The special election will be during the general election November 8th between Republican James Comer and Democrat Sam Gaskins.
Bevin released the statement below following Whitfield’s resignation:“Both personally and on behalf of the Commonwealth, I want to thank Congressman Ed Whitfield for his many years of service to our state and our nation. He has served the people of Kentucky’s first district admirably, and we wish him all the very best in the years ahead. I will issue a proclamation declaring that the special election to fill this vacancy will be held on the same date and time as the General Election, which is November 8, 2016.â€
FOOTNOTE: Â First elected in 1994, Whitfield announced his retirement last year in the midst of a House Ethics Committee investigation. The committee ultimately rebuked Whitfield for violating House rules, but said it was unintentional.
VANDERBURGH COUNTY FELONY CHARGES
Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office today.
Toby Lee Luster Battery by means of a deadly weapon, Level 5 felony
Battery, Level 5 felony
Jeremy Robert Shoemaker Burglary, Level 5 felony
Theft, Level 6 felony
Caleb Michael Smith Unlawful possession or use of a Legend Drug, Level 6 felony
Unlawful possession or use of a Legend Drug, Level 6 felony
Resisting law enforcement, Class A misdemeanor
Possession of paraphernalia, Class C misdemeanor
Kaylee Ann Monique Vanhorn Unlawful possession of a syringe, Level 6 felony
Tanisha Michelle Wolfe Burglary, Level 5 felony
Theft, Level 6 felony
Jennifer Lynn Anderson Domestic battery, Level 6 felony
Marquez Lashon Neal Domestic battery resulting in bodily injury to a pregnant woman, Level 5 felony
Delbert Charles Teague Dealing in methamphetamine, Level 2 felony
Derrelle Ladone Thruston Operating a motor vehicle after forfeiture of license for life, Level 5 felony
Sarah Ann Clark Operating a vehicle with an ACE of .15 or more with a passenger less than 18 years of age, Level 6 felony
Operating a vehicle with an ACE of .15 or more,
Level 6 felony
Perry Wayne McCann Resisting law enforcement, Level 6 felony
Operating a vehicle while intoxicated, Class C misdemeanor
Richard Darniel Hancock Jr. Invasion of privacy, Level 6 felony
Chelsi Paige Koutz Dealing in methamphetamine, Level 2 felony
Dealing in methamphetamine, Level 2 felony
Dealing in narcotic drug, Level 3 felony
Dealing in a Schedule I controlled substance, Level 5 felony
Dealing in a Schedule II controlled substance, Level 4 felony
Dealing in a Schedule III controlled substance, Level 4 felony
Dealing in a Schedule IV controlled substance, Level 5 felony
Dealing in a Schedule IV controlled substance, Level 5 felony
Dealing in a Schedule V controlled substance, Level 6 felony
Dealing in a Schedule IV controlled substance, Level 5 felony
Maintaining a common nuisance – controlled substances, Level 6 felony
Dealing in a synthetic drug or synthetic drug look-alike substance, Level 6 felony
Dealing in marijuana, Class A misdemeanor
Dealing hashish, Class A misdemeanor
Possession of paraphernalia, Class C misdemeanor
Seth Shane Kendall Dealing in methamphetamine, Level 2 felony
Dealing in methamphetamine, Level 2 felony
Dealing in narcotic drug, Level 3 felony
Dealing in a Schedule I controlled substance, Level 5 felony
Dealing in a Schedule II controlled substance, Level 4 felony
Dealing in a Schedule III controlled substance, Level 4 felony
Dealing in a Schedule IV controlled substance, Level 5 felony
Dealing in a Schedule IV controlled substance, Level 5 felony
Dealing in a Schedule V controlled substance, Level 6 felony
Dealing in a Schedule IV controlled substance, Level 5 felony
Maintaining a common nuisance – controlled substances, Level 6 felony
Dealing in a synthetic drug or synthetic drug look-alike substance, Level 6 felony
Dealing in marijuana, Class A misdemeanor
Dealing hashish, Class A misdemeanor
Possession of paraphernalia, Class C misdemeanor
AUGUST 31 “IS IT TRUE”?
IS IT TRUE we are getting the impression that the leadership (McGinn-Mosby and Weaver) of the Evansville City Council are thinking that the only way they can get us out of the major debt crisis facing the City is to borrow and tax their way out? …its time for the most qualified person on budget and financial matters serving on  City Council to speak up and put her life experiences and educational degrees to work? …when Anne Hargis-CPA ran for City Council all she talked about was her having a CPA degree? … she also stated she will be a major asset to the City Council if she is elected to that body because CPA certification?? …it’s time for her to come forward to show us whats she’s made of?
IS IT TRUE we find it extremely interesting during the last City Council budget hearing the Mayor requested that Council give Mesker Park Zoo $660,000 to start the design and engineer work for an outdoor penguin exhibit? ..Zoo Director Amos Morris predicts that the penguin exhibit would cost about $5 million to build? …its interesting Amos made no prediction how much this exhibit would cost per year to maintain?
IS IT TRUE the former Zoo Director and present Council Finance Chairman Dan McGinn is stating that this will be considered a “World-Class” exhibit when complete and that it would increase the Zoo overall revenue? …this sounds like a similar statement he made when he was pushing for his “Wild Jungle Plants” exhibit when he was Director of the Zoo? …we wonder how much McGinns “Wild Jungle Plants” exhibit cost the taxpayers to maintain each year? …we wonder how much revenue this exhibit has bought in since it was built? …does anyone know how much did past Zoo Director McGinns “Wild Jungle Plants” exhibit costs the taxpayers because of “unexpected costs overrun” while constructing this project?
IS IT TRUEÂ we were told when past City Council Financial Chairman John Friend CPA tried to explain some information in the budget to Councilman Dan McGinn he got little results? …we hope that Mr. McGinnis budget comprehension skills has improved since then? …if not, maybe Anne Hargis CPA could be of help?
IS IT TRUE its time for the Evansville City Council to consider amending the “per meeting stipend policy” in order to be fair and equable to all individuals serving on part-time Boards and Commissions? …we are told some members serving on Evansville Boards and Commissions are being paid a stipend between $300 to $7,000 annually? …some individuals are receiving a per meeting stipend of $25 to $50 Â per meeting for serving on part-time Boards and Commissions? … many people that are serving on part-time Boards and Commissions appointed by Council are receiving nothing?
IS IT TRUE the past City Council reduced the funds from not-for-profits organizations the local main stream media made “one hell of a to do about it“? …when the current City Council did similar this month we wonder why the local main stream media didn’t take one Council member to task? …we wonder if they ever heard of “Whats Good For Goose Is Good For The Gander”?
IS IT TRUE taking away City Employees Health Care plan from all part-time elected and appointed members serving on Boards and Commissions would save the City many hundred of thousands of dollars in the 2017 city budget?
IS IT TRUE the following elected Vanderburgh County officials are running unopposed and are worthily of your complimentary vote? … we urge you to vote for: State Rep. Wendy McNamara, County Treasurer Susan Kirk, State Senator Valetta Becker, County Surveyor Jeffrey Mueller for re-election?
IS IT TRUE we are pleased to hear that a State Grant was given to the City to repave and re-repair roads and sidewalks located on Riverside Drive? …we hope that all the water and sewer lines, electrical and gas transmission delivery lines repairs issues have been addressed before work begins?
FOOTNOTES: “IS IT TRUE†will be posted on this coming Friday or Monday?
Todays READERS POLL question is: Does a political candidate with a strong military background get your attention at the ballot box?
Please take time and read our newest feature articles entitled “AUGUST BIRTHDAYS, HOT JOBS†and “LOCAL SPORTS†posted in our sections.
If you would like to advertise in the CCO please contact us City-County Observer@live.com.
City County Observer has been serving our community for 15 years.
Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute.
CHANNEL 44 NEWS
Indiana’s Debate Over LGBT Rights Continues
It appears state lawmakers are not any closer to expanding protections for gay, lesbian and transgender Hoosiers.
The renewed debate kicked off Tuesday.
The question still looming for lawmakers, should sexual orientation and gender identity be added protections to the state’s civil rights code?
Tuesday saw new, mounting pressure from prominent Indiana-based companies like Cummins, Eli Lilly, Cloud One and the state chamber.
Opponents quickly focused on the Obama administration’s directive on transgender bathrooms and the impact any civil rights legislation in Indiana would have.
Democratic gubernatorial candidate John Gregg says he would sign into law new legislation that added sexual orientation and gender identity to the state`s civil rights code.
His Republican counterpart Eric Holcomb says he would consider legislation, as he would any other measure that would come to his desk, alongside balancing religious liberty and nondiscrimination.
Indiana Next License Plate Vote Deadline Approaching
 Hoosiers have just a few more days to decide what our next state license plate will look like.
Three plate designs were unveiled on opening day at the Indiana State Fair, and the deadline to share your thoughts is next Monday, September 5th.
The artwork was designed by a Fort Wayne, Indiana based company called Intellectual Technology Inc.
You can vote for your favorite of the three plates at mybmv.com.
Voting ends at midnight on September 5th.
Hoosiers will begin to see the winning plate design on vehicles in January of next year as older plates are replaced at the end of the normal seven-year life cycle.
Wood Memorial’s Varsity Football Season May Be Over For 2016
Officials in the East Gibson School Corporation have apparently decided to forfeit most of the rest of this season’s varsity football games.
44News contacted several schools remaining on The Trojans’ schedule this season. All of the coaches we contacted said Wood Memorial has called them to say they would forfeit the games.
East Gibson officials confirmed earlier the school would cancel its game this week against Vincennes Lincoln, but it has not commented on the rest of the schedule.
Wood Memorial forfeited its first two games of the season following an investigation of hazing within the football program. That investigation continues.
Justice Ginsburg To Visit Notre Dame Next Month
Justice Ginsburg To Visit Notre Dame Next Month
written by IL Staff
United States Supreme Court Justice Ruth Bader Ginsburg is coming to the Notre Dame Law School next month, where she will talk with law students and speak at a public event.
A release from the school says Ginsburg will hold a conversation with students on a variety of issues, which will be moderated by Jennifer Mason McAward, associate professor of law and director of the Center for Civil and Human Rights.
Ginsburg will also hold an event with the University of Notre Dame community Sept. 12 at the Purcell Pavilion at the Joyce Center. She will engage in a dialogue about various issues with 7th Circuit Court of Appeals Judge Ann Claire Williams, a Notre Dame alumna and trustee.
Ginsburg was nominated to the Supreme Court by President Bill Clinton and joined the Supreme Court in 1993. She worked as a law clerk and in academia after earning her law degree from Columbia Law School in 1959. President Jimmy Carter appointed her to the U.S. Court of Appeals for the District of Columbia in 1980.
Tickets for the Sept. 12 event are available at www.nd.edu/ginsburg or by contacting the Murnane Family Ticket Office at Purcell Pavilion at 574-631-7356.
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AnimalPalooza Benefit & Music Festival
AnimalPalooza Benefit & Music Festival. 10 and 11 at Burdette Park
EVANSVILLE, Ind. – The 5th annual, two-day AnimalPalooza Animal Benefit & Music Festival is set to return this year the second weekend of September! DockDogs, a world-wide canine aquatics competition will be featured again at the event, as well as a full lineup of popular area bands. The Lux Motors Car and Truck Show will make a return on Sunday!
New this year, Saturday beginning at 3:30 on the main stage, Animalpalooza will hold a
Pet Pageant with 3 categories, featuring Best Swag (personality), Best Red Carpet Look and Best Senior Pet!
Melissa Mauser, Vice-President of Animalpalooza said, “We are so excited for this year’s event and know the newly added pet pageant is going to be a hugh hit! We can’t wait to see what people come up with and think it’s a fun and unique way to feature some of our local pets.â€
She added, â€We are asking those who wish to participate, to pre-register for the pageant no later than Friday, September 9th by going to our website at www.animalpalooza.net.â€
The family event takes place Saturday, Sept. 10th from 10:00 am to 7:00 pm and Sunday,
Sept. 11th from 10:00 am to 5:00 pm at Burdette Park, 5301 Nurrenbern Road in Evansville. Pets are welcome at AnimalPalooza, but they must be leashed. Retractable leashes are not allowed. Adult ticket prices are $7 for a one-day pass or $10 for a two-day pass. Children 12 and under are free.
AnimalPalooza will also offer a full menu of food and soft drinks: a wide variety of vendors
on-hand selling merchandise; a silent auction; a Kids Zone with crafts, inflatables and games for kids of all ages; a beer garden and wine for adults 21 and older; and many shelters and rescues on-site with pets available for adoption, including a horse rescue from Corydon, KY.
All proceeds from the event will be used to fund animal shelters and rescues; aid in re-homing homeless and surrendered animals; efforts to reunite lost pets with their families; and the reduction of euthanasia at shelters and animal control facilities.
The Lux Motors Car & Truck Show takes place on Sunday. The first 100 to register a vehicle will receive a dash plaque and free T-shirt. Trophies and door prizes will be given. All proceeds will benefit the AnimalPalooza organization.
For more information about this year’s AnimalPalooza, the Live the Lux Life Pet Pageant and the Lux Motors Car & Truck Show, visit Animalpalooza.net or the AnimalPalooza page on Facebook.