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EPD Activity Report December 3, 2014
Retailers Renew Push for Sunday Alcohol Sales
By Lesley Weidenbener
TheStatehouseFile.com
INDIANAPOLIS – Jeri Ford studied the wine selection Tuesday in an aisle of a downtown Marsh grocery, a few feet away from where retailing heavyweights had minutes before announced a renewed push for Sunday carryout sales of alcohol in Indiana.
Ford is one of the 52 percent of Hoosiers – according to a recent Ball State University poll – who support Sunday sales. After all, more than once, Ford had found herself without a bottle of wine to serve for a special Sunday dinner.
“I just forget all together that I need to buy it ahead of time,†Ford said, shaking her head. “And then you can’t and you’re stuck.â€
But she wouldn’t consider herself part of some groundswell of support for changing the law. Would Ford sign a petition supporting the proposal? Probably. But call her legislator about it? Probably not.
And that’s the kind of action it might take for the General Assembly to move forward with a change that’s been proposed every year since 2008 but has never gained legislative traction.
“We think this is our best chance,†said Grant Monahan, executive director of the Indiana Retail Council.
But liquor store owners – who oppose Sunday sales in part because they think it will be an unprofitable day – say there’s nothing special about the 2015 session that would indicate a change is imminent. “It’s no different than any other year,†said Patrick Tamm, the chief executive officer of the Indiana Association of Beverage Retailers.
He said efforts to change the law are led by large chain grocery and convenience stores who are active across the country trying to deregulate the alcohol industry. In Indiana, that involves a three-tier system of wholesalers, distributors and retailers who have specific laws that govern what they can sell, when and to whom. Tamm said upsetting one part of that system leads to consequences in other parts.
“Sound public policy of where and how alcohol is sold is being driven by expensive astroturfing – which is the practice of misleading the public by those with a vested interest through glitzy campaigns disguised at grassroots efforts,†Tamm said.
More fundamentally, Tamm argues that legalizing carryout on Sundays won’t lead to more sales but will mean higher cost for liquor stores that will have almost no choice but to open their doors one more day.
But advocates of the change say Indiana is losing millions in sales to neighboring states – not just in alcohol but accompanying food sales that come with a trip to the grocery store.
And the arguments for Sunday sales have been successful elsewhere. Since 2002, 16 states have repealed laws restricting alcohol sales on Sundays. Cam Carter, a vice president of the Indiana Chamber of Commerce, said it’s time that Indiana sheds its “prohibition era rules†as well.
Members of Hoosiers for Sunday Sales – a coalition that includes Kroger, Walmart, Marsh and several other retailers plus the chamber and other business groups – say they have several reasons to feel positive.
There’s that Ball State poll of 600 Hoosiers, which found that 52 percent support Sunday sales, 46 percent oppose and 2 percent either don’t know or didn’t answer. The poll has a margin of error of plus or minus 5.1 percentage points.
And Rep. Tom Dermody, R-LaPorte – the relatively new House Public Policy Committee chairman – seems more open to the idea than past chairs. Legislative leaders have also said they expect the issue to get more debate than in previous years.
Plus, the coalition has hired Megan Robertson, a public policy campaign manager who led a successful, bipartisan effort to stymie a proposed constitutional amendment to ban same sex marriage. She did it in part by harnessing the power of grassroots politics, convincing every day housewives, ministers, business owners and others to call their local lawmakers.
She thinks a similar effort can lead to Sunday carryout sales, which are allowed in 38 states including all of Indiana’s neighbors. On Tuesday, Kroger spokesman John Elliott said the campaign will likely include some advertising. But the emphasis will be on educating customers and their friends about the issue.
“We hear it every day at the register,†Monahan said. “We know our customers are supportive.â€
Still, Monahan said it’s not clear yet who will sponsor the legislation to legalize Sunday sales. The 2015 session begins Jan. 6 and runs through April.
Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.
TOBYMAC with Special Guests MANDISA and CAPITAL KINGS
Tickets are on-sale Monday, December 8 at 10:00am.
The $76 tickets include a Pre-Show (5pm) Experience Q&A Session with TobyMac and special music.
Group Rates available on all price levers. Purchase 12 or more tickets and receive 2 free tickets! Tickets must be purchased together to receive group offer.
To order group tickets, call our Box Office at 812-435-5770 ext. 211.
Pre-Sale runs from 10:00am December 5 through December 7 until 11:50pm. Keep Me Posted Members will receive the password soon!
Divided panel reverses default judgment against bank
Dave Stafford for www.theindianalawyer.com
The bank that promises customers 24-hour grace overdraft protection received more than 20 days grace in an Indiana Court of Appeals ruling Tuesday.
A divided appeals panel reversed default judgment a trial court entered against Huntington National Bank in a mortgage foreclosure case. The majority held the bank’s failure to timely respond to a lawsuit from another creditor was excusable neglect because the person who normally handled court notices was on maternity leave.
Huntington held a first mortgage on property in Porter County owned by Susanne and Terry Wood. That loan was made in 2005 in an original principal amount of $310,500. Car-X Associates Corp. also had an interest in the property and earlier this year sued to foreclose a judgment lien in the amount of $200,359.90 plus fees and costs.
The trial court granted default judgment against Huntington in favor of Car-X after Huntington didn’t file a responsive pleading within the timeframe established under Trial Rule 6(E). The court later denied Huntington’s motion to set aside the default judgment.
“Finding that Huntington has established that it was entitled to relief from the default judgment by demonstrating excusable neglect and a meritorious defense, we conclude the trial court abused its discretion in denying Huntington’s Trial Rule 60(B)(1) motion to set aside the default judgment,†Judge Elaine Brown wrote for the majority joined by Judge Cale Bradford.
Dissenting Judge Michael Barnes wrote that he understood the majority’s reasoning but disagreed with it.
“One employee’s maternity leave is not such a circumstance and should not be used as an excuse for delaying judicial proceedings beyond the clear deadlines set by our Trial Rules, especially where a large and sophisticated party such as Huntington is concerned,†Barnes wrote. “I would defer to the trial court’s exercise of its discretion in this matter, and I vote to affirm its denial of Huntington’s motion for relief from judgment.â€
The case is The Huntington National Bank v. Car-X Associates Corp., 64A04-1405-MF-227.
VCSO Gets Ready for Annual Christmas with the Kids event
On Tuesday, December 09, 2014, members of the Vanderburgh County Sheriff’s Office will participate in their annual “Christmas with the Kids†program…. http://goo.gl/c2FM3L
Late opening for libraries on Thursday
Evansville Vanderburgh Public Library locations will open at 11:00 am this Thursday, December 4th.
Downloadable eBooks, eAudiobooks, music, online magazines, and more are always available at www.evpl.org/downloads.
St. Mary’s Hospital for Women & Children Receives Prestigious International Award
We are pleased to announce that St. Mary’s Hospital for Women & Children is the first hospital in the Tri-State to be designated as a Baby-Friendly Hospital by Baby-Friendly USA, Inc. This designation showcases the level of care, support and personal attention St. Mary’s Hospital for Women & Children is dedicated to providing all families who choose us for their care during such a special time.
Through this designation, St. Mary’s Hospital for Women & Children, which is part of Ascension, the nation’s largest Catholic and non-profit health system, has been recognized by the Baby-Friendly Hospital Initiative as providing the optimal level of care for infant feeding and mother/baby bonding. The Baby-Friendly Hospital Initiative was launched in 1991 as a global program by the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF). The achievement of the Baby-Friendly designation is not an easy task. The U.S. Guidelines and Evaluation Criteria are quite challenging as they are designed to set the standards for the best possible breastfeeding support for mother and infant in the maternity setting, insuring high quality of care for both mother and baby.
It is well documented that breastfeeding offers unmatched benefits for baby, mom and the entire family. St. Mary’s supports our mothers through our highly-skilled lactation consultants who offer inpatient/outpatient consultations and regular breastfeeding classes and support groups and through techniques such as skin-to-skin contact and rooming-in. Skin-to-skin involves skin-to-skin contact between mom and baby and dad and baby as soon after birth as possible.
Rooming-in is the practice of keeping babies with their mothers as many hours of the day/night as possible. It is a mother’s decision to choose her feeding preference, and we will support her decision regardless. Every mother is provided the same opportunities for skin to skin and rooming-in. Those who choose not to breastfeed or who are unable are provided education about safe preparations of powdered formula and baby led feedings. St. Mary’s Hospital for Women & Children staff and physicians alike have undergone hours of additional education on how to best support breastfeeding mothers and provide education for the safe preparation of formula. All of these practices are for the benefit of mother/baby and family bonding which has health benefits for the entire family.
As Michelle Musgrave, Administrator of St. Mary’s Hospital for Women & Children says, “We are so pleased to be able to share the news of our Baby-Friendly designation. Our staff has and will continue to put forth a tremendous amount of energy into this initiative. This designation further demonstrates to our community that St. Mary’s Hospital for Women & Children provides the most supportive and caring environment for mothers, babies and the entire family.â€
St. Mary’s Baby-Friendly journey has been made possible by the commitment of our associates and physicians and the support of the Healthy Community Partnerships Community Transformation Grant received in September 2012.
There are more than 20,000 designated Baby-Friendly hospitals and birth centers worldwide. Currently there are 220 active Baby-Friendly hospitals and birth centers in the United States. The “Baby-Friendly†designation is given after a rigorous on-site survey is completed. The award is maintained by continuing to practice the Ten Steps as demonstrated by quality processes.
For more information on the benefits Baby-Friendly designation offers to families, go to babyfriendlyusa.org/faqs/for-parents or stmarys.org/baby-friendly
IS IT TRUE December 3, 2014
IS IT TRUE in spite of the fluff press release from the Mayor last week about construction starting on the hotel yesterday, the CCO has received no calls or emails about any signs of life on the lot at the corner of Walnut and MLK?…we say in the spirit of that great Hoosier Jim Nabors, SURPRISE, SURPRISE, SURPRISE?
IS IT TRUE that people have been asking about the position of the City County Observer on the proposed ban on people who live outside the political boundaries of Evansville from serving on appointed boards and commissions?…the CCO first and foremost believes that all political appointments should have qualification requirements that are appropriate for the appointment and an exemplary vetting process in place to assure that there are no conflicts of interests, self serving opportunities, or political patronage style loyalties associated with any appointment?…we also believe that residents of the City of Evansville should get a priority when there are equally qualified candidates under consideration?…we believe that the second priority if a qualified city resident is not willing to serve should go to Vanderburgh County residents?…next would come bordering counties etc. etc. etc., until a willing qualified and non conflicted candidate can be seated?…there is no substitution for appropriate qualifications and proper vetting?…for much of Evansville’s history these kinds of appointments have been political patronage appointments for stool pigeons who are selected to vote as they are told and not as they think?…the list of such people is too long for this column?…this is a great time to put an end to the political patronage nonsense and install some extremely quality people into these positions?…it will be nice if they all are from the City of Evansville but if we have to go outside to get the right people that is what we should do?…Councilwoman Connie Robinson was on the right track with her recommendation but focussing on quality instead of only on geography will open the opportunity for people with Evansville’s best interest to serve only when a resident is not willing or qualified?…we just hope the City Council and the Mayor will develop the courage to make appointments based on merit and integrity and put the political patronage old boy nonsense in the past?
IS IT TRUE we hear from reliable sources that Anna Hargis shall announce this afternoon that she shall be a candidate for 3rd Ward City Council seat? …Ms. Harges shall run for this City Council seat as a Republican? …we shall be watching with interest to see if GOP Chairman Wayne Parke and the Mayor attends this event?
IS IT TRUE the financial performance for the building formerly known as The Centre that currently bears the name of a local bank that we do not believe has written a check for the naming rights that were supposedly sold for $14 Million was recently made available to the City County Observer?…for the year that ended on December 31, 2013, the former Centre’s audited financial statement reflects an operating loss of $676,698?…that annual loss brings the accumulated operating losses since the Centre opened to a grand total of $8,927,979?…given the fact that Vanderburgh County borrowed roughly $36 Million to build this cash consuming pink elephant, plus interest the losses placed upon the backs of the taxpayers have most likely crossed the $50 Million barrier with no hope of positive cash flow in sight?…this operating loss as reported does not include servicing the debt on the building?…the name of the building formerly known as The Centre on this report is OLD NATIONAL EVENTS PLAZA, AS MANAGED BY SMG?…we guess the first year’s naming rights must have been free?
IS IT TRUE the joy of the Thanksgiving weekend was dampened by the sounds of gunfire on two separate occasions?…a murder was committed in an alley behind the 900 block of South Elliot street that left one of our citizens dead?…later that weekend a young man shot and killed a young lady who was alleged to have been a former girlfriend in the Devonshire Apartments just east of the Washington Square Mall?…that young man then proceeded to take his own life?…we hope these events of Thanksgiving do not happen again as we move into the Christmas season?…each of these victims was the son or daughter of someone and held positive potential?…we hope that anyone contemplating murder and/or suicide will think twice and choose not to do such a thing?
IT IT TRUE the word “feeling” has been creeping back into the political vernacular as a last ditch attempt to appeal to voter’s sensitivities and sidestep their ability to think?…one reason governance according to feelings and emotions is so dubious is that we respond compassionately to the people suffering right in front of us, without considering the suffering of others?…it is too often, the confused, chaotic result is serial empathizing that never stops to consider whether helping this sufferer hurts another?…the second problem with compassionate governance is that when kindness covers all our political principles, we are so preoccupied with relieving the suffering we’re focused on at a given moment that we feel virtuous about trampling procedural impediments that get in our way?…the less “feeling” our elected leaders are and the more “analytical” they are, the better the decisions will be?…I “think” the next time I hear a candidate refer to how they “feel”, I will be voting for their opponent?
IS IT REALLY TRUE WHEN THE PEOPLE FEAR THE GOVERNMENT THERE IS TYRANNY? …WHEN THE GOVERNMENT FEARS THE PEOPLE THERE IS LIBERTY?
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Man sought for questioning in Thanksgiving murder now wanted on warrant for drug dealing
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
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As part of the on-going investigation into the shooting death of Willie Williams, Evansville Police have obtained a Felony drug dealing warrant for 20 year old Michael Wisdom.
During the homicide investigation, officers seized narcotics from Wisdom’s home. Wisdom now has an active warrant for dealing schedule 2 narcotics.
Wisdom is considered a person of interest in the death of Williams. Police are also still looking for 19 year old Keith Davis. Davis is also a person of interest in the Williams investigation.
Anyone with information on either of these individuals is asked to call EPD at 436-7979 or WeTip at 1-800-78-CRIME.