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Marijuana Legalization Group Sues After Lafayette Rally Denial

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Marijuana Legalization Group Sues After Lafayette Rally Denial

A group advocating for the legalization of marijuana that was denied permission to rally on the grounds of the Tippecanoe County Courthouse in Lafayette has filed a federal lawsuit claiming a violation of the First Amendment of the U.S. Constitution.

The American Civil Liberties Union of Indiana announced Thursday a suit filed on behalf of Higher Society of Indiana Inc., which advocates and rallies for the legalization of marijuana. In May, Higher Society held a four-hour rally on courthouse property attended by 50 to 60 people, the suit says, but has now been denied access to the public space because of a “closed forum” policy that allows county commissioners individually and as a whole to determine which favored groups have access and which do not. The Tippecanoe County Courthouse has been the site of a number of events and rallies, from an annual art fair to a rally for Planned Parenthood. The lawsuit seeks to stop enforcement of the policy.

The group sought to stage a rally at the courthouse on June 17, but because no county commissioners agreed to “sponsor” the event, permission was denied.

“The First Amendment simply denies government the power to pick and choose which groups it allows to gather on public property,” said Ken Falk, ACLU of Indiana legal director. “You cannot suppress some speech without putting all speech at risk.”

The suit claims “The failure of the Commissioners to allow Higher Society to rally and meet on the grounds of the Tippecanoe County Courthouse is not reasonable and represents viewpoint discrimination.” The suit seeks an injunction to block the commissioners from enforcing its policy requiring sponsorship and approval for events at the courthouse.

“Higher Society of Indiana was saddened to hear of this rule put in place by Tippecanoe county officials. We believe this rule requiring ‘commissioner sponsorship’ in order to assemble on courthouse grounds is a direct violation of the U.S. Constitution,” said David Phipps, co-director of the organization. “The only thing this rule accomplishes is the censorship of the American people. It prevents any group the county does not approve of from speaking out and practicing their right to assemble. That being said, our organization still has faith that justice will prevail. Not just for this organization, but for every Hoosier that wishes to freely practice the rights given to us all.”

Tippecanoe County Commissioners did not immediately respond to a message seeking comment.

The case, Higher Society of Indiana, Inc. v. Tippecanoe County, 4:16-cv-00043, was filed in the U.S. District Court for the Northern District of Indiana, Hammond Division at Lafayette.

LINK TO THE CITY COUNCIL AGENDA

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AGENDA

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MEMORANDUM

REPORTS AND COMMUNICATIONS

CONSENT AGENDA
FIRST READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-19 A.S.D. McGINN

An Ordinance to Vacate a Certain Easement Within the City of Evansville, Indiana, Storm Drain Easement Across Lots 4 and 5, Stonefield Crossing Subdivision, Parcel ID 82-06-14-015- 170.027

ORDINANCE G-2016-20 A.S.D. McGINN

An Ordinance to Vacate Certain Public Ways or Public Places with the City of Evansville, Indiana, Commonly Known as that Portion of a 10-Foot Public Utility Easement on Lot 26 in East Pointe Business Park, Section 4, Also that Part of a 10-Foot Public Utility Easement on Lot 12 in East Pointe Business Park, Section 6, Also All that Part of a Lake Maintenance and Storm Drainage Easement on Lot 12 in East Pointe Business Park, Section 6

ORDINANCE F-2016-14 FINANCE McGINN

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

ORDINANCE F-2016-15 FINANCE McGINN

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

RESOLUTION C-2016-12 FINANCE McGINN

Resolution of the Common Council of the City of Evansville, Indiana, Regarding the Implementation of Certain Internal Control Standards and Procedures

RESOLUTION C-2016-13 FINANCE McGINN

Resolution of the Common Council of the City of Evansville, Indiana, Regarding Reporting Erroneous or Irregular Material Variances, Losses, Shortages or Theft of Public Funds

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CONSENT AGENDA
SECOND READING OF ZONING ORDINANCES

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE R-2016-07 APC C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2301 W Michigan
Petitioner: Robert & Cindy Rexing
Owners: 2301 W Michigan LLC

Representative: Robert & Cindy Rexing District: Brinkmeyer, Ward 6

ORDINANCE R-2016-08 APC C-4 to R-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 200 E Columbia St.
Petitioner: Timothy Konrath
Owners: Same

Representative: Same
District: Hargis, Ward 3

ORDINANCE R-2016-09 APC

C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2021 S Weinbach Ave.
Petitioner: AB Weinbach, LLC
Owners: Same

Representative: Cash Waggner & Associates, PC District: Robinson, Ward 4

ORDINANCE R-2016-10 APC R-1 to C-1

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1300 Harmony Way
Petitioner: Catholic Diocese of Evansville
Owners: Same

Representative: Morgan D. Jones District: Brinkmeyer, Ward 6

ORDINANCE R-2016-11 APC R-1 to C-4 w/ UDC

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4405 N Green River Rd.
Petitioner: C & K Partnership, LP
Owners: Marsha K Farwick & Karen Walthall Trust

Representative: Marco DeLucio District: McGinn, Ward 1

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REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE R-2016-07 APC C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2301 W Michigan
Petitioner: Robert & Cindy Rexing
Owners: 2301 W Michigan LLC

Representative: Robert & Cindy Rexing District: Brinkmeyer, Ward 6

ORDINANCE R-2016-08 APC C-4 to R-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 200 E Columbia St.
Petitioner: Timothy Konrath
Owners: Same

Representative: Same
District: Hargis, Ward 3

ORDINANCE R-2016-09 APC

C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2021 S Weinbach Ave.
Petitioner: AB Weinbach, LLC
Owners: Same

Representative: Cash Waggner & Associates, PC District: Robinson, Ward 4

ORDINANCE R-2016-10 APC R-1 to C-1

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1300 Harmony Way
Petitioner: Catholic Diocese of Evansville
Owners: Same

Representative: Morgan D. Jones District: Brinkmeyer, Ward 6

ORDINANCE R-2016-11 APC R-1 to C-4 w/ UDC

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4405 N Green River Rd.
Petitioner: C & K Partnership, LP
Owners: Marsha K Farwick & Karen Walthall Trust

Representative: Marco DeLucio District: McGinn, Ward 1

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CONSENT AGENDA
SECOND READING OF ORDINANCES AND RESOLUTIONS

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE F-2016-11 FINANCE McGINN

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

ORDINANCE F-2016-12 FINANCE McGINN

An Ordinance Consenting to the Issuance by the Vanderburgh County Redevelopment Commission of Certain Tax Increment Refunding Revenue Bonds

ORDINANCE F-2016-13 FINANCE McGINN

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

RESOLUTION C-2016-10 A.S.D. MERCER, MOSBY & ADAMS

A Resolution Approving a Mutual Aid Assistance Agreement with the City of Henderson

RESOLUTION C-2016-11 A.S.D.

A Resolution of the Common Council of the City of Evansville, Indiana Adopting the Evansville-Vanderburgh County Comprehensive Plan 2015-2035

REGULAR AGENDA
THIRD READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE F-2016-11 FINANCE

ADAMS

McGINN

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

ORDINANCE F-2016-12 FINANCE McGINN

An Ordinance Consenting to the Issuance by the Vanderburgh County Redevelopment Commission of Certain Tax Increment Refunding Revenue Bonds

ORDINANCE F-2016-13 FINANCE McGINN

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

RESOLUTION C-2016-10 A.S.D. MERCER, MOSBY & ADAMS

A Resolution Approving a Mutual Aid Assistance Agreement with the City of Henderson

RESOLUTION C-2016-11 A.S.D. ADAMS

A Resolution of the Common Council of the City of Evansville, Indiana Adopting the Evansville-Vanderburgh County Comprehensive Plan 2015-2035

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RESOLUTION DOCKET RESOLUTION C-2016-14

DOCKET

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

COUNCIL AS A WHOLE

Resolution Approving an Agreement Between the City of Evansville and Vanderburgh County Regarding the Distribution of Funds Received from the 2016 Byrne Justice Grant Program Award

RESOLUTION C-2016-15 DOCKET MOSBY

Resolution Approving an Interlocal Agreement Between the City of Evansville and Vanderburgh County for the City to Acquire Certain Tax Delinquent Property From the County for the Purpose of Blight Elimination

MISCELLANEOUS BUSINESS

The next meeting of the Common Council will be Monday, June 27, 2016 at 5:30 p.m. Committee meetings will begin at 5:00 p.m.

ADJOURNMENT

 

LINK TO THE CITY COUNCIL COMMITTEE MEETING SCHEDULE

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06-13-2016 Committee Meetings

Hot Jobs in The Evansville/Vanderburgh County Area

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This position has responsibilities for timely collection and correct identification of specimens from patients for expeditious transport to appropriate
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Adopt A Pet

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Dot is a 3-year-old female dilute tortoiseshell cat. She’s affectionate and gets along well with other cats. Her $30 adoption fee includes her spay, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

 

Food Inspection List

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Food Inspection Reports 6-9-16

Newest member of the Evansville Police Department to be introduced

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The Evansville Police Department will introduce it’s newest member.
Thanks to a donation to the Evansville Police Department Foundation, Sonitrol Alarm Company has made it possible for the EPD to purchase a dual certified police dog.
Members of the EPD Foundation, EPD, and representatives from Sonitrol will introduce our new four legged crime fighter  at the Sonitrol offices at 208 NW 3rd St in downtown Evansville.

Governor Pence to Offer Remarks at Feed ’em For Freedom

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Governor Mike Pence will offer remarks at Walmart’s Feed ‘em for Freedom, in which soldiers at Camp Atterbury will be treated to a free lunch. Details below.

Friday, June 10:

11:00 a.m. EDT — Governor to offer remarks at Walmart’s Feed ‘em for Freedom

*Media are welcome to attend and are asked to bring a driver’s license and show media credentials at the main gate before proceeding to the USO Club Building.

Camp Atterbury – USO Club,  Building 347, Edinburgh, IN

 

Warrant Accountability Event Brings in Roughly 150 Participants

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The Warrant Accountability Event was deemed a success by the Vanderburgh County

Prosecutor’s Office after about 150 people showed up today. A line of participants started to form outside of Courtroom 110 before the two-hour event even started.

“We knew it would draw in a lot of people who missed previous court dates because we had multiple phone calls about it all week,” said Whitney Riggs, spokesperson for the prosecutor’s office. “Everything went smoothly though and about 150 people have a new start to their cases.”

The goal of the event was to have those people who have missed court dates for whatever reason to get back in the system. Currently, there are more than 12,000 warrants out in Vanderburgh County. Superior Court Judge Les Shively, who volunteered to preside, welcomed Level 5, Level 6 and misdemeanor cases.

“No charges were dropped for these people, but hopefully some of them can keep moving forward with their cases now without worrying about a warrant hanging over their head or potentially getting arrested,” Riggs said.

Shively and his staff stayed an extra hour until 1 p.m. to make sure all the attendees received new court dates. There were also five staff members from the prosecutor’s office who volunteered.

“We want to thank Judge Shively and his staff for taking the time to help us make the event possible,” Riggs said. “We will look into holding something similar again in the future.”

ANOTHER WALK-OFF WIN FOR THE OTTERS

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 The Evansville Otters split an action packed doubleheader against the Normal Cornbelters on Wednesday night at Bosse Field. Evansville lost the first game by a score of 5-4 and won the second 3-2. Within the opening match the Cornbelters jumped out to a 2-0 lead in the first inning. Otters first baseman, Nik Balog would hit a majestic homerun in the second to bring the score to 2-1. Evansville would rally to tie the game at 2-2 in the fourth. The game would continue to teeter totter after Normal tacked on a run in the fifth, with Evansville answering by scoring a run of their own in the seventh. The eighth inning would prove to be detrimental for the Otters as four Cornbelters reached safely to add an additional two runs and take a 5-3 lead. Evansville would score a run in the eighth to pull the game within one, but ultimately couldn’t come back.

The second contest featured a pitcher’s duel early, as neither team could muster a run through three innings. Normal would score first in the fourth behind a high flying double with a pair of runners on base. The Otters would persevere and rally to tie the game at 2-2 in the fifth. The offensive outburst was highlighted by three consecutive runners reaching base, followed by a sacrifice fly and throwing error. Both teams would remain fairly quiet with the bats until the seventh inning unfolded. Saving the best for last, the smallest player on the team, Kaeo Aliviado, provided a giant blast to left- field to seal a walk-off 3-2 victory for Evansville. The 5’6 Aliviado was swarmed by teammates and disappeared into what appeared to be one amped up dogpile.

Next, the Otters will finish a three game series tomorrow against the Normal Cornbelters, with first pitch slated for 6:35 pm CDT. Tickets are on sale and may be obtained online or by calling (812) 435-8686.

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