Judge blocks ‘contraception mandate’ for Catholic diocese plaintiffs
Dave Stafford
December 31, 2013
published in Indiana Lawyer.com
A federal judge in Fort Wayne has blocked enforcement of the “contraception mandate†for numerous health care providers in a lawsuit brought by the Roman Catholic Diocese of Fort Wayne-South Bend. The ruling could impact more than 10,000 people eligible for benefits through a number of diocese-related organizations.District Court Judge Jon DeGuilio of the Northern District of Indiana granted a temporary injunction blocking the mandate contained in the Patient Protection and Affordable Care Act. The litigation is et al. v. Kathleen Sebelius, et al., 1:12-CV-159.
The diocese and its affiliated plaintiffs – Catholic Charities; Saint Anne Home & Retirement Community; Franciscan Alliance, Inc.; Specialized Physicians of Illinois, LLC; University of Saint Francis; and Our Sunday Visitor, Inc. – claim the mandate violates their religious liberties under the Religious Freedom Restoration Act.
The order notes Franciscan employs about 8,700 benefits-eligible workers; the diocese employs about 1,000 who participate in a health plan; Specialty Physicians, Saint Francis and Our Sunday Visitor each have more than 300 benefits-eligible employees; Saint Anne Home has 220 insurance-eligible workers; and Catholic Charities has a few dozen.
In granting the injunction, DeGuilio ruled, “plaintiffs have shown that their RFRA claim stands a reasonable likelihood of success on the merits, that irreparable harm will result without adequate remedy absent an injunction, and that the balance of harms favors protecting the religious-liberty rights of the plaintiffs.â€
The ruling Friday came just days after another judge in the Northern District rejected a suit refiled by the University of Notre Dame that sought to block third-party providers who would provide contraception coverage under the Affordable Care Act.
The mandate has divided federal circuit courts and currently is before the Supreme Court of the United States.
DeGuilio’s order noted the injunction was granted ahead of motions to dismiss and summary judgment motions “in an effort to prevent the possibility of any unjust enforcement of the contraception mandate against plaintiffs come the first of the year.â€
The ruling states, “there are certainly other ways to promote public health and gender equality less burdensome on religious liberty, and the government has not carried its burden of demonstrating that it cannot achieve its policy goals in ways less damaging to religious-exercise rights.â€
Employees might not share the diocese’s views on contraception and abortion, the ruling notes. “(T)he plaintiffs’ employees and the public are best served if the plaintiffs can continue to provide needed (and expected) religiously based community services, and the needed (and expected) insurance coverage to its employees, without the threat of substantial fines and the risk of layoffs for noncompliance with the contraception mandate and its accommodation,†DeGuilio wrote.
Safe Ride 2013 New Years Eve
“Drunk driving isn’t an accident; it’s a decision that’s made without concern for the safety and well-being of others. Make one New Year’s Eve resolution early – don’t drink and drive.†– Mike Woods, Lawyer
Designating a sober driver has never been easier thanks to the Safe Night Cab Ride Program sponsored by Woods & Woods Injury Lawyers. Entering its 16th year of service, the program provides free cab rides home for those who have been drinking or who don’t feel they have a safe way home this New Year’s Eve.
Need a ride? Here’s How
Safe Night Cab Ride will be available in Evansville and Newburgh, Indiana from 11 p.m. on Tuesday, December 31, 2013 through 4 a.m. on Wednesday, January 1, 2014.
To request a free cab ride home in Evansville or Newburgh, call Unity Taxi at (812) 421-9999 and tell them Woods & Woods Injury Lawyers is picking up the tab. Please remember:
Cab rides are provided to adults who otherwise might attempt to drive home after drinking. People MUST call Unity Taxi and mention the Safe Ride program to get a free ride home.
- Cab rides are provided from a bar or restaurant to an individual’s residence – not to other drinking locations.
- Due to the high number of ride requests on New Year’s Eve, rides cannot be guaranteed to everyone who calls; however, every attempt will be made to accommodate all requests. Drivers have the right to use their discretion when accepting fares.
 About Woods & Woods
Based in Evansville, Indiana, Woods & Woods Injury Lawyers is a family-operated law firm dedicated to presenting the rights of individuals injured or disabled by the negligent conduct of others. Since its establishment in 1985, Woods & Woods lawyers and staff members have actively participated in the well-being of the community through many projects and by annually sponsoring the Safe Night Cab Ride program. Visit WoodsLawyers.com to learn more.
Shen Yun Inspires the Imagination
World’s premier classical Chinese dance company offers themes to live by in a burst of color and sound
By Zenon Dolnyckyj
Admittedly, I’m not Chinese, but when it comes to traditional Chinese culture—the food, the arts, the philosophies—you name it and I’m there. So it’s no surprise that every year I’m in attendance at Lincoln Center to watch Shen Yun Performing Arts. It’s often sold out, but what gets me most is the attentiveness of the children in the audience. This is by no means a “kids show,†but both my daughters (8 and 10) love it. It’s fun, thought provoking, and filled with compelling characters. The message is simple and accessible while being also touching and at times even profound.
Literally translated, shen yun is a Chinese term that means “the beauty of divine beings dancing.†Today, it also means an extraordinary performing arts company that embodies the beauty, virtue, and spiritual depth of China’s 5,000-year-old culture.
For millennia, China was known as “the Celestial Empire.†Myths and legends throughout history record that the Middle Kingdom was continually guided by celestial beings. But this ancient tradition has been all but completely destroyed. Today, where can you actually go to discover authentic Chinese culture?
Surprising enough, the answer is not China.
After more than 60 years of communist rule in China, and especially after the devastating Cultural Revolution of the 1960s and 70s, traditional Chinese culture has been all but lost there. But the deeper spiritual core of the ancient culture, with its values of benevolence, honor, propriety, and tolerance, lay deeply imbedded within the Chinese people.
In order to revive this traditional culture, a group of Chinese artists in New York established Shen Yun in 2006. The company quickly attracted talent from around the world to the point that, now, it counts among its artists many winners of international dance and vocal competitions and musicians from world-renowned conservatories and symphonies.
At the core of Shen Yun performances is classical Chinese dance, an age-old art form complete with its own system of training and movements. Dynasty after dynasty, it was passed down among the people, in imperial palaces, in plays, and even in martial arts techniques.
Alongside classical Chinese dance, Shen Yun also features a variety of folk, ethnic, and story-based dances, presenting China’s rich diversity and long-cherished legends. The show takes you riding with Mongolians across boundless grasslands one moment and climbing up into the Himalayas or drumming on an ancient battlefield the next.
Yet, perhaps Shen Yun’s most unique offering is its ability to capture the very spirit of
traditional Chinese culture. Ancient stories come to life on stage to celebrate compassionate, courageous, and even quirky characters. Audiences experience the thrilling triumph of the Song dynasty’s loyal general Yue Fei, cheer on the Monkey King as he tricks a stubborn foe, and witness inspiring scenes of courage from today’s China.
“I think the most unique aspect of a Shen Yun performance,†says Shen Yun Principal Dancer Miranda Zhou-Galati, “is that it has a very strong message of hope, which is something that really touches the audience’s hearts.â€
Looking across the aisle at other members of the audience—young and old alike—and seeing the joy on their faces, I’m again reminded how universal is the appeal of traditional Chinese culture. It’s something not to be missed.
Shen Yun Performing Arts will come to The Centre, Evansville, Jan. 28-29. Tickets at: www.ShenYun.com/Evansville and 800-745-3000.
Clean Evansville Initiative Kicks Off its Third Year North Main Street Area Targeted for Monthly Clean-Up
Clean Evansville will target the North Main Street area during the monthly trash pick-up this
Saturday, January 4, from 9 to 11 a.m. The teams will gather at locations near North Main and Division Street to collect litter along streets and through some neighborhoods west and north of the intersection.
Teams are assigned to pick up trash and litter in the following locations; Division Street from
First Avenue to Kentucky Avenue, North Main from Division to Morgan Avenue, Morgan from North Main to First Avenue, Columbia Street from North Main to First Avenue, Harriet Street from Morgan to Columbia, and Franklin Street from North Main to First Avenue.
The teams will meet at the parking lot near Bosse Field to deposit trash collected during the clean-up. Clean Evansville has partnered with Allied Waste to depose of all trash.
Since its inception in January, 2012, Mayor Winnecke and the Clean Evansville Initiative have collected over 50,000 pounds of litter and trash with the assistance of 3,500 volunteers.
Keep Evansville Beautiful coordinates volunteers for the monthly clean-ups. Anyone interested in joining or forming a team should contact Mike McGarrah at 425-4461.
VANDERBURGH COUNTY FELONY CHARGES
Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on 12/23, 12/26, 12/27
12/23
KOREY CATLETTÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â OPERATING A VEHICLE AS AN HTV-D FELONY
DEANDRA HOGANÂ Â Â Â Â Â Â Â Â Â Â Â Â Â DOMESTIC BATTERY-D FELONY
Richard Bryant           Burglary – B Felony
Battery Resulting in Serious Bodily Injury – C Felony
Russell Greenlee       Burglary – B Felony
Theft – D Felony
Criminal Mischeif – A Misdemeanor
(Habitual Enhancement Enhancement)
Jason A Banks          Possession of Marijuana – A Misdemeanor
(Enhanced to D Felony Due to Prior Convictions)
Resisting Law Enforcement – A Misdemeanor
Possession of Paraphernalia – A Misdemeanor
12/26
Quinton Jennings             Rape – B Felony
Criminal Confinement – C Felony
Intimidation – D Felony
Battery Resulting in Bodily Injury – A Misdemeanor
(Habitual Offender Enhancement Enhancement)
Gloria Gage                      Theft – D Felony
Donald C Woolsey Jr.        Dealing in Methamphetamine – A Felony
Possession of Paraphernalia – A Misdemeanor
Sharon Woolsey                Dealing in Methamphetamine – A Felony
Possession of Paraphernalia – A Misdemeanor
12/27
Israel N. Jones            Theft – D Felony
(Habitual Offender Enhancement)
Jason A. Banks           Unlawful Possession or use of a Legend Drug – D Felony
(Habitual Offender Enhancement)
Tony L. Monks           Trafficking with an Inmate – C Felony
Possession of Methamphetamine – D Felony
Possession of Marijuana – A Misdemeanor
Possession of a Synthetic Drug or Look-A-Like Substance – A Misdemeanor
(Habitual Offender Enhancement Enhancement)
Mark J. Wayne           Auto Theft – D Felony
For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at KPhernetton@vanderburghgov.org
Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.
Foods That Keep You Fat – How Many Do You Consume?
By
Roy M. Arnold MD
A recent article published entitled “9 Foods That Are Keeping You Fat†brings to light just how common and widespread consumption of fat-promoting foods is in the USA. Is it any wonder we are quickly becoming one of the fattest nations on the planet?
“9 Foods That Are Keeping You Fat,†by Dana Fullington. Published online at http://www.twincities.com/life/ci_24767598/9-foods-that-are-keeping-you-obese
1. Potato chips
A recent study in the New England Journal of Medicine stated that the food most strongly associated with weight gain is potato chips. Over time, potatoes in general were attributed with causing the most weight gain, though it was potato chips that were the worst. French fries came in a very close second. The Article suggests that if you’re going to eat potato chips or French fries, make them from scratch. If you make them from scratch, you can control ingredients and portion size as well, and you’ll only end up eating them on very special occasions. Better yet, make kale chips instead if you have to have something crunchy, and hold the salt.
2. Diet soda
How could this be? Diet soda is free of calories. Apparently, the artificial sweeteners in diet soda interfere with your body’s normal response to sugar, throwing off your body’s ability to know how many calories you have eaten, resulting in a craving for more caloric sweets. Researchers from the University of Texas Health Science Center also recently presented strong data proving that diet soda makes us fat. They found that the more diet sodas a person drank, the more weight they gained.
3. Foods made with high-fructose corn syrup and corn syrup
Commercials may claim that high-fructose corn syrup is fine in moderation, but remember, marketing is also a part of the “food†industry. The syrup interferes with the body’s metabolism so that a person can’t stop eating. High-fructose corn syrup slows down the secretion of leptin in the body. Leptin is a crucial hormone that tells you that you’re full and to stop eating. That’s why it’s so closely associated with obesity in this country. It’s like an addictive drug.
4. Red and processed meats
The food quality study from The NEJM found that both red and processed meat caused weight gain down the line. Over the course of four years, weight gain was closely linked to both meat varieties and was also inversely related to the amount of vegetables participants ate.
5. Low-fat junk foods
Junk food in itself is a problem, but oftentimes when that processed junk becomes low-fat, it’s even worse, believe it or not. When foods are low-fat, manufacturers have to fill in the taste somewhere, so they add sugar, which is seriously worse than fat! Carbohydrates and sugar are the ingredients to beware of, not fat, if you are looking to lose weight.
6. Diet microwave meals
In the weight-loss game, the beauty of the microwave meal is that it’s portioned out for you, and it is super convenient. But that’s really the extent of the benefits. Instead, make yourself a real meal. It doesn’t have to be complicated, but in the end, whole fresh foods are what keep us thin.
7. Pasta
Lots of people think pasta is healthy — not so. All pasta is made from dough which is processed, no matter what. That makes it a simple carb, one of the most important things to stay away from if you are trying to lean out. Whole grain, not whole wheat versions are healthier and can fall into the heart-healthy grain category.
The biggest problem with pasta is usually the serving size. It is supposed to be 1/4-1/2 cup. This is a very small amount of pasta and NOT nearly enough for most people to feel satisfied with. The only way to be sure is to measure it out!
8. Cereal
Cereal manufacturers would like you to believe that enriching their cereal with a lot of vitamins makes it a good choice. But the bioavailability of all those added nutrients is dubious at best. Most cereals have way too much added sugar and preservatives, and very few are made with intact whole grains. If you are trying to lose weight, you need to eat lean protein, especially in the morning! Eggs, yogurt, cottage cheese, and uncured meats are the choices that will help you get leaner.
9. Booze
The science is simple, according to Shapefit: Pure alcohol contains about 7 calories per gram, which makes it nearly twice as fattening as carbohydrates or protein (both contain about 4 calories per gram), and only just under the caloric value for fat (9 calories per gram).
This means that if you want to lose weight and reduce excess body fat, alcohol is not a good choice. It also contains no nutrients — hence the saying “empty calories,†which means your body is getting nothing from those alcohol calories to work with.
A balanced diet rich in colorful vegetables like spinach, eggplant, carrots, peppers, and low in carbohydrates, relying on protein from fish and poultry is the best for weight loss and for nutrition. Fat doesn’t make you fat – sugars and starches do.
Always consult with your healthcare provider or a dietitian before embarking on a weight loss program. Happy New Year from 21st Century Healthcare. www.21centuryhc.com
Advisory Board on Disability Services
January 3, 2014
11:00 A.M.
Location – Room 301
Call to Order – Pledge of Allegiance
- Agenda Request
- Roll Call
- Minutes
- PresentationsÂ
- New Business – 2014 Coros ADA Community Grant
- Old Business
- Icemen
- Transportation
- Strategic Planning Session
1. Employment/Job Opportunities for those with Disabilities
2. Public Transportation
3. Marketing & Awareness
4. Accessibility to City & County Facilities
- Announcements
- Emergency Management and Preparedness – Inclusion of Persons with Disabilities Webinar Series (January 8th, 2:00 – 3:30 p.m. ET). To Register: http://www.adaconferences.org/Emergency/ (click on the “Registration” web link to start)
- Adjournment
IS IT TRUE on 12-31-2013 we ask, How is Evansville Doing on the Tasks of the Decade?
1. DEVELOP A PLAN FOR THE DECADE BY THE END OF 2011 FAIL and seem Oblivious
2. CLEANLINESS AND BEAUTIFICATION, THEN KEEP IT CLEAN B+ Since Mayor Winnecke was Elected
3. SEWERS!!! EPA APPROVED PLAN BY 2012, SUBSTANTIAL COMPLETION BY 2020 FAIL, but trying so C+
4. ESTABLISHED ANGEL INVESTMENT FUND BY 2012, ACTIVE VENTURE CAPITAL INDUSTRY BY 2020 FAIL: F-, managed to find private money for a hotel but not a dime for real job creating entrepreneurs
5. INCREASE % COLLEGE GRADUATES IN THE GENERAL POPULATION BY 5% BY 2020 FAIL: F
6. K-12 EDUCATION UP TO STATE ISTEP AVERAGES BY 2015, EXCEED STATE AVERAGE BY 10% BY 2020 FAIL, D, EVSC is improving but not closing the gap
7. GENERAL POPULATION GROWTH OF 1% PER YEAR OVER ENTIRE DECADE FAIL but did stop the losses D
8. RAISE THE AVERAGE EARNINGS OF ALL PROFESSIONS TO NATIONAL AVERAGES BY 2020 FAIL: F
9. ESTABLISH SOME BASIC RESEARCH ENTITY OF DISTINCTION AT EITHER OR BOTH UNIVERSITIES FAIL: F
10. MANAGE PUBLIC FACILITIES LIKE THE ARENA AT POSITIVE CASH FLOW AS ADVERTISED FAIL: F
Published by the CCO at the beginning of this decade 3 years ago
The City County Observer has solicited reader input for the “Top 10 Issues of 2010” and for the “Top 10 things to get right in 2011”. We have received much input and will be putting articles together on each during the next couple of weeks.
The release of the Census data along with the long term nature of some of the reader suggestions inspired us to put together a list of some items of profound importance to solve in the next 10 years. Evansville like many Midwestern cities has been in a holding pattern when it comes to crafting and implementing policies that have the capability of keeping local economies performing at national average levels. Proper planning followed by accurate and honest feedback that is used to continuously improve are what elevates and maintains regions.
Some cities like Louisville had plans for the decade that has just ended. Those cities that had decade plans, annually reviewed them, and took corrective action to stay on course have typically outperformed those that had no plan. For example Louisville had a plan to grow their population by 10% and fell short in growing by only 4% according to 2009 census estimates. Evansville with no plan lost 3.9% of its population after annexation. So our list of Issues and Actions starts with and continues:
1. DEVELOP A PLAN FOR THE DECADE BY THE END OF 2011
2. CLEANLINESS AND BEAUTIFICATION, THEN KEEP IT CLEAN
3. SEWERS!!! EPA APPROVED PLAN BY 2012, SUBSTANTIAL COMPLETION BY 2020
4. ESTABLISHED ANGEL INVESTMENT FUND BY 2012, ACTIVE VENTURE CAPITAL INDUSTRY BY 2020
5. INCREASE % COLLEGE GRADUATES IN THE GENERAL POPULATION BY 5% BY 2020
6. K-12 EDUCATION UP TO STATE ISTEP AVERAGES BY 2015, EXCEED STATE AVERAGE BY 10% BY 2020
7. GENERAL POPULATION GROWTH OF 1% PER YEAR OVER ENTIRE DECADE
8. RAISE THE AVERAGE EARNINGS OF ALL PROFESSIONS TO NATIONAL AVERAGES BY 2020
9. ESTABLISH SOME BASIC RESEARCH ENTITY OF DISTINCTION AT EITHER OR BOTH UNIVERSITIES
10. MANAGE PUBLIC FACILITIES LIKE THE ARENA AT POSITIVE CASH FLOW AS ADVERTISED
What is the payoff of making this happen? What will Evansville and Vanderburgh County look like and live like in 2020 if all of these goals are achieved? Here is a snapshot:
Evansville’ population will grow to 128,781 to a level that it has not seen since the mid 1970’s, Vanderburgh County will be a record level of 193,788 and will be among the leaders in the Midwest. The percentage of the population with bachelors degrees will exceed 20% for the first time in history. The air will no longer smell from combined sewer overflows, litter will be a non-issue, our gateways and public places will be filled with flowers, public art, and dare we say, PEOPLE.
Our schools will be recognized nationally for improvement, more of our students will go to college and return home to pursue lucrative and fulfilling careers. Our housing stock will be much improved either through renewal or demolition and the money to pay for it will come from the increased tax revenue from the new citizens that with increased earnings.
Finally, the Evansville Arena, the Centre, maybe a recast Roberts Stadium, and several to be determined projects will be completed and performing well financially. At long last if these goals are used as the basis for a plan and executed to goals, the Mayor of Evansville, the City Council, County Council, and County Commissioners (if we have not consolidated by 2020), will have the respect and backing of both the people and the business base of the region.
By going forward the City of Evansville can return to the place of national prominence that it last enjoyed in 1970 when it was the 100th largest city in the United States.
The City County Observer welcomes reader input on other worthy goals and even suggestions on how to achieve the ones that we have listed. By the way, Goal #2 is FREE TO IMPLEMENT. Starting today, do not litter anything and pick up three pieces of litter per day. In a very short time Goal #2 will become a maintenance issue as opposed to a goal to achieve.
The real beauty of these goals is that all of them are achievable. Other places have done this. It is time for us to join them.