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IS IT TRUE February 12, 2014 “The Prisoner’s Dilemma”

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IS IT TRUE February 12, 2014

IS IT TRUE that the Supreme Court of the State of Indiana has struck down the entire smoking ordinance passed by the Evansville City Council in 2012 for having unequal laws for Evansville based businesses?…the SCOI was very specific and critical of the ordinance for singling out Casino Aztar as a business that could allow smoking but allowing no other place to have smoking areas?…this should have come as no surprise to anyone in Evansville and especially not the City Council who debated this very issue not once but twice?…when a comprehensive smoking ordinance failed to pass by a 5 – 4 vote during the Weinzapfel Administration that 5th vote from current City Council President John Friend was withheld on the basis of unequal treatment?…it was that night that Councilwoman Connie Robinson shocked the gallery by voting in favor of a smoking ban after giving here memorable “I am my brother’s keeper” speech?…had the second vote of the night with a full comprehensive ban been taken as was encouraged and opined by then City Council Attorney Hamilton, it would have withstood the constitutionality test and Evansville would be a fully non-smoking community today?…it seems as though the fallout from this impotent attempt to split the baby will be more than anyone bargained for?

IS IT TRUE there are many businesses in Evansville who believe that they were financially victimized by the willful violation of the constitution perpetrated upon them by the City of Evansville and they have already launched a lawsuit in federal court to recover these damages?…the SCOI basically just became a very powerful witness for this cast of plaintiffs?…the CCO predicts a series of settlements on the horizon?

IS IT TRUE the convention business that the City of Evansville, the County, and the Evansville Convention and Visitors Bureau has been betting their future on according to Indianapolis sources has just been handed a death blow?…multiple publications including the Indianapolis Star, World News, the Indianapolis Business Journal, and even the Evansville Courier have addressed the dire effect that failing to pass a COMPREHENSIVE SMOKING BAN have on the convention business?…this is a quote that is attributed the Indianapolis Convention and Visitors Bureau just after Indianapolis banned public smoking in 2012?

“Not so long ago, Indianapolis was passed over time and again for conventions and corporate meetings despite a massive expansion of the Indiana Convention Center and a new 1,005-room, four-star hotel, as well as a new airport terminal that was the talk of the aviation industry and a colossal, retractable-roof stadium that hosted the 2012 Super Bowl. Why? Air quality. That all changed June 1, 2012, when citywide restrictions against indoor public smoking were expanded to include bowling alleys, hotel rooms, taxi cabs and most bars.”

IS IT TRUE the CCO encourages our readership to burn that statement into their brains for future reference?…a new convention center, an arena, Lucas Oil Field, a 1,005 room 4-Star Marriott, and even a Super Bowl and Final Four did nothing to help Indianapolis attract conventions BUT A SMOKING BAN DID?…one free decision by local government did more for the convention business that over $3 Billion in bricks and mortar did?…this is ominous for the new hotel project?

IS IT TRUE that the Evansville City Council is faced with a classic PRISONER”S DILEMMA when it comes to what to do about a smoking ban?…behind door number one is the choice to do nothing and let the city revert to the 2006 law that provides exemptions for bars, restaurants, clubs, and casinos?…also behind door number one is a DOWNTOWN CONVENTION HOTEL project that is no longer needed because the convention business is toast?…that saves us $20 Million and returns the naming rights for The Centre back to the County?…the hopelessly addicted to boat money City of Evansville will not be blamed for any revenue disruptions to Tropicana if they choose door number one?

IS IT TRUE behind door number two is an expedient vote to approve a comprehensive smoking ban giving hope to the celebrated convention business and providing a perceived need for a downtown convention hotel?…also behind door number two is an angry management team from Tropicana that has seen revenues drop already during the Great Recession and wants nothing to do with further disruptions?

IS IT TRUE the drugs of choice for the addict known as Evansville in recent history have been “boat money” and “construction projects”?…it seems as though the SCOI has put this addict in a position where they will have to choose which drug they prefer?…this will be an interesting conundrum to observe from afar?…maybe the idea of giving the land that Tropicana sits on to the Cherokee and establishing a reservation was worthy of consideration after all?…that solution is the only one that avoids the PRISONER”S DILEMMA?

February Energize Evansville“Fitness in the Park” Program

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cityofevansvilleMayor Lloyd Winnecke announces plans for the Energize Evansville monthly “Fitness in the Park” program this Saturday, February 15, at C. K. Newsome Community Center, 100 E. Walnut St., from 9 to 11 a.m.

The program will begin with a warm-up session followed by a variety of Jazzercise sessions led by Debbie Nance, Phyllis Briggs, Joan Lutrell, Sara Cunningham and Catie Tenbarge. Jazzercise is a dance-based group fitness program. Each class features a fusion of jazz dance, resistance training, Pilates, yoga, and kickboxing. Participants of all fitness levels are welcome and should exercise at their own pace. The program is free.

This month’s two-hour fitness session is also an opportunity for residents to join Energize Evansville’s “Your Best Body Challenge.” Participants can join the program at any time and receive daily and monthly guidance, based on their individual goals, using the Energize Evansville Facebook page. The session will provide participants with an opportunity to learn important health information, lose weight and get in shape with FREE professional fitness counseling to help achieve Your Best Body!

“Fitness in the Park” is a health and fitness program launched by Mayor Winnecke as part of his Energize Evansville initiative to promote healthier lifestyles. The program is held the third Saturday of each month at a different city park featuring local fitness experts leading group exercises.

For more information, please contact Evansville Parks & Recreation Department Executive Director Denise Johnson at 812-436-4514.

Dr. Bucshon Supports Bill to Reduce Drought Related Impacts and Costs

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220px-Larry_Bucshon,_official_portrait,_112th_Congress(Washington, DC) – On Monday, Congressman Larry Bucshon, a physician from Southern Indiana, joined the House of Representatives to pass, H.R. 2431, the National Integrated Drought Information Systems Reauthorization Act of 2013.  The bill reauthorizes the National Integrated Drought Information System (NIDIS) Program through FY2018 and makes important program improvements that help better equip states and local communities with the resources necessary to reduce drought related impacts and costs.

 

Bucshon released the following statement regarding passage of H.R. 2431:

 

“We all remember how devastating the severe 2012 summer drought was on our farms and our communities.  Looking to the future, it is important that we do everything we can to ensure federal, state, and local governments and individual citizens can better prepare for droughts and deal with the impacts once they hit.  Effective and timely information is a critical part of the equation, and I’m happy to reauthorize and improve the capability of NIDIS to provide this resource our communities.”

H.R. 2431 revises NIDIS functions to require NIDIS to:

1.       Provide certain information, forecasts, and assessments described in the Act on both national and regional levels.

2.       Build upon existing forecasting and assessment programs and partnerships through designation of one or more cooperative institutes to assist with NIDIS functions.

3.       Continue ongoing research and monitoring activities related to drought.

Moreover, this legislation directs the Under Secretary of Commerce for Oceans and Atmosphere to, within 18 months after the date of the bill’s enactment, submit a report to Congress that contains:

1.       An analysis of the implementation of the NIDIS program, including how the information, forecasts, and assessments are utilized in drought policy planning and response activities.

2.       Specific plans for continued development of such a program, including future milestones.

3.       An identification of research, monitoring, and forecasting needs to enhance the predictive capability of drought early warnings.

BACKGROUND:

 

During the extreme summer drought in 2012, every county in Indiana’s Eighth District was declared either a primary or contiguous disaster area by the USDA.  A drought map provided by Indiana Public Media can be accessed here.
During that time, Bucshon participated in a hearing to examine the state of drought forecasting, monitoring, and decision-making and the role that NIDIS serves in drought planning and invited Indianapolis Mayor Greg Ballard to provide testimony.  Echoing the potential benefits of more timely and accurate drought information, Mayor Ballard said that “Improvements in drought prediction tools would have the potential to provide earlier information that could be used in water supply and demand planning and decision-making related to appropriate responses.”

 

NIDIS (courtesy of the Science Committee):

 

In 2006, the Congress passed the National Integrated Drought Information System Act, which established the NIDIS program at the National Oceanic and Atmospheric Administration (NOAA).  The program’s primary function is to provide an effective early warning system for droughts by coordinating and integrating federal research.  NIDIS was responsible for the establishment of the U.S. Drought portal, a website that publishes data from observations—including early warnings about emerging and potential droughts—and provides decision support services for those managing droughts.



	            

            


        


        
        

            

                
Senate committee passes marriage measure – without second sentence

                

	                                                                            
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Opponents and supporters of a proposed constitutional amendment to ban same sex marriage filled the gallery Monday at the Senate chamber where a committee approved the measure. Photo by Paige Clark, TheStatehouseFile.com


Opponents and supporters of a proposed constitutional amendment to ban same sex marriage filled the gallery Monday at the Senate chamber where a committee approved the measure. Photo by Paige Clark, TheStatehouseFile.com


By John Sittler

TheStatehouseFile.com


INDIANAPOLIS – A Senate committee on Monday passed the proposed amendment to ban same-sex marriage in Indiana – without re-instating the controversial second sentence.


Proponents of a constitutional amendment to define marriage as the union of a man and a woman joined oponents outside the Seante chamber on Monday. Photo by Paige Clark, TheStatehouseFile.com


Proponents of a constitutional amendment to define marriage as the union of a man and a woman joined oponents outside the Seante chamber on Monday. Photo by Paige Clark, TheStatehouseFile.com


But President Pro Tem David Long, R-Fort Wayne, said he expects amendments will be offered when the measure hits the Senate floor on Thursday.


“Nothing should surprise you at this point,” Long said. “It is to the floor as I hoped it would be – un-amended – so that the entire Senate will have an opportunity to debate this and we’ll have a robust discussion.”


House Joint Resolution 3 would define marriage in Indiana as the union between one man and one woman. It originally contained a clause that also banned any legal relationship “identical or substantially similar” to marriage, but the House voted last month to strip that language, which could have banned civil unions.


If the amendment passes the General Assembly in its current form, it would need to be approved a second time – in either 2015 or 2016 – before it could be placed on the ballot for ratification. But if the Senate puts the second sentence back in and the House approves that, it would go to the ballot this year.


Without exception, everyone that testified in support of HJR 3 Monday also supported the reintroduction of that sentence.


Curt Smith, president of the Indiana Family Institute, even said he would rather see the amendment defeated than placed on the ballot in its current form.


“Civil unions do not serve as a compromise or middle ground,” he said.


Smith also asked President Pro Tem David Long, R-Fort Wayne, to author an amendment that would replace the second sentence. Long quickly reprimanded Smith saying his request was “out of order.”


Opponents of a proposed constitutional amendment to ban same sex marriage held up signs Monday outside the Senate chamber where a committee approved the measure. Photo by Paige Clark, TheStatehouseFile.com


Opponents of a proposed constitutional amendment to ban same sex marriage held up signs Monday outside the Senate chamber where a committee approved the measure. Photo by Paige Clark, TheStatehouseFile.com


Kellie Fiedorek, an attorney for the Alliance Defending Freedom, agreed with Smith, saying neither supporters nor opponents of HJR 3 are happy with the constitutional measure in its current form.


The testimony from both sides mirrored the comments the House heard last month.


Supporters cited studies that said children do best when raised in a home with both a mother and a father.


“Marriage brings together men and women for the reproduction of the human race and keeps them together to raise the children of their union to maturity,” said Peter Sprigg, senior fellow for policy studies at the Family Research Council.


But executives from both Cummins and Eli Lilly & Co. said the passage of HJR 3 would be harmful for business.


Steve Fry, senior vice president of human resources and diversity at Lilly, said that even a statewide campaign and November vote on the issue would “negatively impact our ability to recruit and retain talent.”


Opponents of a proposed constitutional amendment to ban same sex marriage wore red shirts and stickers Monday outside the Senate chamber where a committee approved the measure. Photo by Paige Clark, TheStatehouseFile.com


Opponents of a proposed constitutional amendment to ban same sex marriage wore red shirts and stickers Monday outside the Senate chamber where a committee approved the measure. Photo by Paige Clark, TheStatehouseFile.com


Jackie Simmons, vice president and general council for Indiana University, said she was pleased with the removal of the second sentence and hoped the Senate would keep the clause out of HJR 3.


She said if HJR 3 passed with the second sentence, IU would be forced to alter its partner benefit plan to accommodate it – creating rules that would make the plan more cumbersome and possibly more expensive. That happened at the University of Kentucky after a similar amendment passed in the commonwealth and the state attorney general ruled the school’s benefits package was substantially similar to marriage.


“At IU, we don’t want to have to follow Kentucky in anything,” Simmons said to laughter in the Senate chamber.


Senate Minority Leader Tim Lanane, D-Anderson, questioned whether the proposal is even one that should be put to the voters. “There is not a rational basis for this kind of proposal,” he said.


Lanane said HJR 3 is an idea whose time has come and gone.


“Should we let it have a long, lingering death, or put it out of its misery at this time?” he said.


The Senate Rules Committee voted 8-4 along party lines to pass HJR 3 in its current form.


John Sittler is a reporter with TheStatehouseFile.com, a news website powered by Franklin College journalism students




	            

            


        


        
        

            

                
Supreme Court, split 3-2, snuffs Evansville casino smoking exception

                

	                                                                            
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by Dave Stafford for www.thweindianalawyer.comindianalawyer


A divided Indiana Supreme Court Tuesday rejected Evansville’s amended smoking ban that exempted the former Aztar riverboat casino, now known as Tropicana Evansville.


More than two dozen bar, tavern and club owners and several fraternal organizations, including Veterans of Foreign Wars Post 2953, challenged the city’s 2012 amendment to its smoking ban that carved out an exemption that permitted smoking at the casino.


The Supreme Court majority held the amended ordinance violated the equal privileges and immunities clause of the Indiana Constitution and voided the amendment, leaving in place the city’s 2006 smoking ban.


“Today we hold that this clause invalidates an Evansville ordinance expanding the city’s smoking ban to bars and restaurants but exempting its only riverboat casino,” Chief Justice Brent Dickson wrote, joined by Justices Mark Massa and Steven David.


The case is Paul Stieler Enterprises, Inc., d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council; VFW Post 2953, et al. v. City of Evansville and Evansville Common Council, 82S01-1306-CT-436 and 82S01-1306-PL-437.


The majority wasn’t persuaded by the city’s argument that the casino was situated differently than the bars and clubs that weren’t exempted under the statute, because the casino allowed gambling and produced a unique revenue stream for the city.


“It is tantamount to the government ‘selling’ an exemption from the Smoking Ban for the bonus of anticipated financial benefits while burdening other citizens and snubbing our framers’ intent in drafting Article 1, Section 23,” Dickson wrote. “This limitation on government power cannot be evaded on the sole grounds of financial benefit to a city’s coffers.”


But Justice Loretta Rush, writing a dissent joined by Justice Robert Rucker, found the argument persuasive and would uphold the smoking exemption for casinos.


“Expanding a smoking ban to cover bars, taverns, and private clubs, but exempting a riverboat, is reasonably related to a riverboat’s inherent characteristics – fiscal impact on the local economy and tax revenues, and out-of-town clientele that other local businesses lack.”


The ruling may have little impact on smoking at the casino, because a statewide smoking ban enacted in 2012 exempted casinos along with some private clubs, cigar and hookah stores, and bars and taverns meeting certain criteria.


	            

            


        


        
        

            

                
Commentary: Sexual assaults and Statehouse politics

                

	                                                                            
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By John Krull

TheStatehouseFile.com




INDIANAPOLIS – Maybe it’s just a question of priorities.


In this session of the Indiana General Assembly, state Rep. Christina Hale, D-Indianapolis, introduced a bill that would gather more information about why the Hoosier state has such an appalling record when it comes to teen sexual assaults.


John Krull, publisher, TheStatehouseFile.com


John Krull, publisher, TheStatehouseFile.com


Commentary button in JPG - no shadowA recent study revealed that Indiana ranks second in the nation in this disturbing competition. The study showed that 17.3 percent of Indiana girls have been raped or sexually assaulted before they graduate from high school.


Hale’s bill was designed to collect information so that we Hoosiers could begin combating the problem. Just before the legislature adjourned for the half-time break of the 2014 session, Hale found out that her bill wouldn’t make it out of committee, presumably because the legislators just didn’t have time to deal with it.


I’m talking with Hale during my radio show. We’re joined by Anita Carpenter of the Indiana Coalition Against Sexual Assault and Malea Crosby, who was assaulted as a teen-ager and now counsels other victims.


Hale, Carpenter and Crosby discuss the difficulties of finding solutions to this problem – or series of problems – until we discover more of the factors that produced that disturbing 17.3 percent number. That was the point of Hale’s bill.


As Hale, Carpenter and Crosby talk, I find myself thinking about the measures the Indiana General Assembly did have time to address before going on break.


The Indiana House of Representatives couldn’t get to this bill to study sexual assaults, but the members – under the leadership of House Speaker Brian Bosma, R-Indianapolis – did schedule prolonged hearings in not one but two committees on a proposed state constitutional amendment to restrict marriage to one man and one woman.


Bosma said, over and over again, that the marriage amendment wasn’t a priority for him and his caucus.


Apparently there are things that aren’t priorities for the House GOP members, such as the marriage amendment, and things that really aren’t priorities for them – like figuring out ways to prevent teen-agers and children from being sexually assaulted.


Crosby tells her story. She was attacked when she was in high school. She was out with a boy she knew and agreed to get into the back seat of a car with him. Things went too far too fast.


She tried to tell him no.


Then she screamed and cried no.


He didn’t listen.


Afterward, she blamed herself. She didn’t feel that she could tell anyone about what had happened because she’d agreed to get into the back seat.


For more than 15 years, she fought battles with depression and self-loathing. She felt isolated from family and friends. It was only when she went to graduate school and became a counselor to others who have been attacked that she found some measure of peace.


The House also found time to consider and approve a bill that would require welfare recipients to take drug tests – despite the fact that the courts have struck down similar measures around the country.


Maybe it was a priority.


Carpenter says that, if anything, the problem of teen sexual assaults is worse than we know. Because so many of the teen-age girls, boys and young children who are attacked struggle with a sense of isolation and doubts about their self-worth in the aftermath, they – like Crosby – don’t tell anyone what happened to them until long afterwards. If anything the real numbers are likely much higher.


As Carpenter speaks, Crosby nods her head in agreement, sadness etched on her face.


Hale’s bill still has a chance on the Senate side.


Maybe the state’s senators will do what the members of the Indiana House of Representatives couldn’t or wouldn’t do – focus their attention on figuring out why between one in five and one in six Hoosier girls doesn’t make it through high school without being raped or sexually assaulted.


Maybe on the Senate side they will take the time to find ways to protect our daughters, our sisters, our neighbors and our friends from having their bodies violated and their lives damaged.


Maybe.


You see, it’s a question of priorities.


John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.




	            

            


        


        
        

            

                
RIECKEN RESOLUTION LOOKS TO CRACK DOWN ON HUMAN TRAFFICKING

                

	                                                                            
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INDIANAPOLIS-In an effort to address the distressing statistics regarding sexual assaults against young Hoosier girls, State Representative Gail Riecken (D-Evansville) has authored House Resolution 12 which requests the legislative counsel authorize a study committee to investigate human sex trafficking on the Internet.


“The average age when these children are first used in commercial sex is between 12 and 14 years old,” said Riecken. “All children are at risk of being trafficked because they are vulnerable and often fall prey to predators who use them in online advertisements for sex.”


The resolution, which passed unanimously out of the House, states that the study committee would be assigned to analyze the legal issues relating to the regulation of adult services as well as evaluate whether the Indiana courts would have jurisdiction over Internet sites that contain adult service advertisements.


Riecken said that it is common for children to be trafficked on the Internet because it is very difficult for law enforcement to find the victim or apprehend the perpetrator. Often times, these children are sold on escort sites where the trafficker takes pictures of that child scantily dressed, then advertises for customers to exploit her.


“These advertisements have the ability to reach into hundreds of thousands of Hoosier homes on a daily basis,” said Riecken. “We know that these sites have been found to involve illegal activity including sex trafficking.”


Riecken fears that because online advertising is one of the most visible activities of business, more and more children are being victimized and becoming at risk of being a part of the staggering statistics that reveal 1 out of every 6 girls are sexually assaulted or raped.


Tasked with considering how other states have regulated adult service advertisements, the study committee would determine the appropriate sanctions for an entity that advertises services that engage underage children in sex industries.


“Human trafficking is the second largest and fastest growing criminal industry in the world,” said Riecken. “Trafficking of children is a problem in Indiana and there is a critical need to determine the scope of this problem in the age of Internet technology.”


	            

            


        


        
        

            

                
Liverpool Legends…EVSC’s Beatles Invasion Planned March 15

                

	                                                                            
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EVSCMarking the 50th anniversary of the Fab Four coming to America, “Liverpool Legends…EVSC’s Beatles Invasion” – a live concert featuring the Grammy-nominated Beatles tribute band of the same name – will take place at Central High School’s auditorium at 7 p.m. March 15.  Doors open at 6 p.m. for the open seating event. Accompanying the Liverpool Legends during the performance will be the Central Singers and Central Band.


Liverpool Legends Beatles Tribute Band is comprised of four musicians and actors who were hand-picked by Louise Harrison – sister of the late George Harrison of The Beatles.  Louise’s involvement with Liverpool Legends makes them the only Beatles Tribute band in the world with a close, direct biological link to the original group.


The EVSC Friends and Alumni Association is hosting this concert as its first event, bringing those who care about the EVSC together for a fun and exciting night.  Tickets will be $25 (pre-event) or $30 at the door. Tickets may be obtained online at www.evscschools.com/alumni or at the Central Athletic Ticket Office.  Cash or Checks are acceptable payment at the ticket office. Checks may be made out to “EVSC Alumni Association.”


“We are so excited to bring everyone the complete ‘Beatles Experience’ and incorporate students into the show,” said Ben Shoulders, president of the EVSC Friends and Alumni Association.  “We hope everyone will come to Central to not only witness this historic performance, but also support the EVSC.”


Headlining their own production in Branson since 2006, Liverpool Legends have been voted Best New Show, Best Band and Best Show. Finishing their sixth season, their show once again was spotlighted by receiving the prestigious Visitors’ Choice Award for Best Show in 2009 and also Best Show in 2010. Liverpool Legends received national attention as they re-created The Beatles famed 1966 concert at Busch Stadium in St. Louis.


In 2012 Liverpool Legends along with Louise Harrison were nominated for a Grammy Award for their work on “Fab Fan Memories” – a Beatles Bond. Recently the Liverpool Legends were chosen over every other Beatle Tribute band in the world by top television and film producer Jerry Bruckheimer (CSI, Pirates of The Caribbean, National Treasure) to portray the band that changed the course of music and the world forever.


Members of Liverpool Legends have toured the world, playing in historic venues such as Carnegie Hall, The Cavern Club in Liverpool, recording at the famed Abbey Road Studios in London and performing with Denny Laine (co-founder of Wings with Paul McCartney), Pete Best (the original Beatles drummer) and the Boston Pops. They appeared on The Travel Channel’s “Beatlemania Britain” and headlined “International Beatles Week” in Liverpool where 100,000 Beatles fans jammed Victoria Street to hear them in concert.


For additional information, call 812-435-EVSC.


	            

            


        


        
        

            

                
First Published January 27, 2012:  CCO Warned of Constitutional Violation in Suggesting that Riverfront REZ Solves the Evansville City Council’s Latest Anti-Smoking Dilemma

                

	                                                                            
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Riverfront REZ Solves the Evansville City Council’s Latest Anti-Smoking Dilemma


By: Joe Wallace


In 1988 the State of California passed a statewide comprehensive smoking ban yet every casino in the state allows smoking on the casino floor. One could legitimately ask how it is possible for every casino in the state to openly and legally refuse to abide by the laws that every other person and business in the state is obligated to live by. It is possible because all of the casinos in California are on Indian Reservations that are not subject to the laws of the state.


Let us make it perfectly clear that if the Evansville City Council moves forward with an exemption to a future smoking ban for Casino Aztar they will be in willful violation of the constitution and the resolution will eventually be struck down if it goes to litigation.


So now that the battle lines have been drawn in the City of Evansville regarding whether or not an exemption should be made for Casino Aztar with respect to a nearly comprehensive smoking ban, maybe the Evansville City Council members can take a lesson from the Golden State and give the land that the city leases to Aztar to a tribe of friendly native Americans. The tribe can then petition the Bureau for Indian Affairs to declare their 20 or so acres on Evansville’s riverfront to become a reservation and subject to none of the smoking ordinances that have been or may be passed by the State of Indiana or the City of Evansville.


This idea as far-fetched as some may interpret it to be is a very elegant way for Casino Aztar to get the smoking rules that it wants, the City of Evansville to preserve its base of revenue, and for the City Council members who have openly stated support for a comprehensive smoking ban to dodge their responsibility without being publically exposed as purveyors of falsehood.


How would the City of Evansville be able to give away this land and still collect the revenue? This can happen with an assignment of the existing lease to the tribe followed by a contract from the tribe to guarantee the revenue to the City at let’s say the total of the 2011 Aztar based payments to the City. The tribe could then enter into an agreement with Aztar for any amount that the two parties are pleased with. Of course if Aztar thrives on the reservation the tribe will get wealthy from the increased payments but the City of Evansville would never get less than it does now soothing the newly found fears of certain City Council members.


If the City Council does not possess the courage to do what a majority of them have clearly and openly stated they would do and pass a comprehensive smoking ban then the best course of action may just be for the City of Evansville to get out of the casino dependency business and let the land become an Indian Reservation. This will allow everyone to get what they want and will enable certain members of the City Council to avoid flip-flopping on this very important public health issue.


Hanta Yo CCO!


Note: Hanta Yo is the Lakota Sioux phrase that translates to “Lead the Way”


	            

            


        


        
        

            

                
Opinion: Smoking Ban Ruling Could Lead to Lawsuits

                

	                                                                            
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By: Brad Linzy


Tuesday the Indiana Supreme Court ruled against the Evansville smoking ban, citing the unconstitutionality of the Aztar/Tropicana exemption.


As most well know, this ban has drawn the ire of libertarians on the basis of property rights arguments, but the Aztar/Tropicana’s exception – which was introduced into the amendment by Councilman Dr. Dan Adams and approved by an 8-1 vote – raised the eyebrows of even those generally supportive of the ban.


While, at the time of its passage, Council members voting for the smoking ban downplayed any potential negative economic impact to Evansville’s bars, they granted this exemption to one business – from which the city has garnered a healthy portion of its budget – thus lending de facto acknowledgment of the negative impact.

Brad Linzy


To many observers at the time, the ban reeked of a conspiracy between Aztar and the seven Council members who voted for it. Indeed, it could be argued Casino Aztar could not have asked for a better sweetheart deal if they had written the ordinance themselves.


The list of Evansville bars that have gone out of business or seen reduced revenues since the ban is a further testament to this ill-conceived ban’s disastrous effects, one of the first casualties being Fast Eddy’s, which was located across from Aztar.


It is worth remembering that this ban was approved by seven members of the Evansville City Council. With the exception of Missy Mosby and Jonathan Weaver, every Council member, especially Dr. Dan Adams who introduced the Aztar exemption, should be heavily questioned on why their unwise council led to an unconstitutional city ordinance.


Furthermore, considering this unconstitutionality, it is not outside the realm of possibility the City of Evansville could face lawsuits by businesses adversely and unfairly affected by this ordinance; also any fines levied as a result of the unconstitutional ordinance could be subject to refund.


In several recent cases across the country where red light cameras were found to be in violation of state constitutions, most notably in Missouri and Ohio, the issue of refunds of fines levied using the unconstitutional practice has been brought up. In St. Louis, a judge ruled that fines paid “voluntarily” would not be repaid; however, fines garnered under “protest” could be subject to repayment.


http://www.municipalinsider.com/st-louis-judge-first-to-find-missouris-red-light-camera-law-unconstitutional/


One thing is certain: this smoking ban should never have passed, it was unconstitutional from the start, and the Evansville City Council members who voted for it should see this for exactly what it is – a huge black mark on their records.


	            

            


        


        
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