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Hoosiers’ telephone privacy rights under fire in Congress and courts

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AG Zoeller says Mobile Informational Call Act would strike down Indiana’s Do Not Call law

EVANSVILLE, Ind. – Hoosiers’ long-standing telephone privacy rights are under attack by proposed federal legislation aiming to strike down Indiana’s Do Not Call and Do Not Fax laws, according to Indiana Attorney General Greg Zoeller.
Zoeller called on Hoosiers today to share their opinions with their congressional representatives about House Resolution 3035 known as the “Mobile Informational Call Act of 2011.” Zoeller has been invited to testify in opposition of the proposal on Friday before the U.S. House Subcommittee on Communications and Technology hearing in Washington, D.C..
“This measure proposed by Congress constitutes a federal assault on Americans’ privacy that would allow robo-call messages to be sent en masse to people who do not want and have to pay for these calls,” Zoeller said. “There is a clear and present danger that Hoosiers’ privacy will be disrupted in the sanctity of their homes. This is not the help constituents need from Washington, D.C.”

House Resolution 3035 would amend the Communications Act of 1934 and allow for robo-calling to all cell phones, leaving consumers to foot the bill, Zoeller said. State attorneys general would not be able to enforce state laws against junk faxes, prerecorded calls or text messages.

More than 2 million phone numbers are currently on Indiana’s Do Not Call list. Since the Do Not Call law went into effect Jan. 1, 2002, the Attorney General’s Office has obtained 273 settlements with or judgments against telemarketers, resulting in awards of penalties and costs totaling more than $14.5 million.

At the request of Zoeller, the Attorney General’s Office launched a free email and text message update service, called “Privacy Alerts,” that Hoosiers can sign up for to receive updates on the bill’s progress. To sign up consumers can visit www.indianaconsumer.com.
Hoosiers can also voice their opinion on the proposal by contacting their representative or by visiting Popvox’s nonpartisan website at https://www.popvox.com/bills/us/112/hr3035. Popvox will forward your comments to your members of Congress.
Zoeller said two separate ongoing court cases are also challenging Hoosiers’ right to telephone privacy. The Attorney General’s Office has appealed to the Indiana Supreme Court to hear a recent lower court ruling that would allow automated calls from political candidates. FreeEats.com challenged whether the state should be constitutionally allowed to restrict robo-calls to residents.
“People’s rights of privacy include the right to be free from the ringing of their phones from those they have not specifically asked to hear from,” Zoeller said.
Patriotic Veterans Inc. also challenged Indiana’s Automatic Dialing Machine Statute. The U.S. District Court for the Southern District of Indiana ruled the state’s ban on robo-calls playing political messages cannot be enforced if the calls originate outside Indiana, but the Attorney General’s Office is appealing the decision.

Letter to the Editor: Carole Davis

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11/03/11
Editor:

As the only woman ever to head a county highway department in Indiana and a life long Republican, I found out the dirty side of politics first hand. I was appointed by Republican Party Chairwoman Suzanne Crouch and County Commissioner Carol McClintock. I was still naive I guess, into thinking I was supposed to see things ran openly. Instead, I was made the scapegoat for getting rid of Cletus Muensterman, the former Democrat head of the county highway. It was made apparent that I wasn’t supposed to do anything significant in my position as highway superintendent but ride around in my new State Police car and keep my mouth shut.

Furthermore, Democrat Pat Tuley commented to the paper that I was so stupid I didn’t even know where the county highway was until I was given the job. The newspaper didn’t even bother calling me to verify his comments, because if they would have, they would have found out I had previously worked just a few doors down the road. I might add Mr. Tuley and his wife have been supported very well by taxpayers their whole careers, and part of the “Machine”!

Like Rick Davis, I didn’t hide behind the workings of the political machine. I was witness to despicable self-interested decision-making. Collectively, both parties are guilty in this town of wielding heavy handed control when in power and their self-interested tactics undoubtedly contributed to the stadium and baseball field fiascoes, as well as countless other decisions that have served the few and not the many in our community.

As an advocate for the well-being of children my whole life, I have a hard time understanding the endorsement of The Right to Life of Lloyd Winnecke. I don’t believe in aborting the well being of children after they are born especially considering Indiana has unfortunately been number one in child abuse deaths. This clearly is not how their Mayoral candidate feels knowing that as a County Councilman, Winnecke voted to de-fund the “Welfare-to-Work” program that provided child care to underprivileged children while their parents worked to bring themselves out of unfortunate circumstances. As I have done for several years I stand out front when they are going into the show, and try to get them to care about children after they are born. They don’t read my signs. Not one sign says I am for or against abortion. Instead, they yell at me things like “you wouldn’t be here if your parents had aborted you.” These people in Right to Life have thrown the baby out with the bath water after their born, but will back a politician solely if he attends their indoctrination rally!

Troy Tornatta and Mayor Weinzapfel got into an altercation during the primary race becauseTroy didn’t think the Mayor properly backed him during the race. That’s why he lost? No. Rick won because he didn’t wait for the machine to put their agenda in place and he was the superior candidate. This is the mentality of heavy-handed power wielding and it will happen in the Republican Party, too. I can attest to that.

Rick Davis is an open caring person who will not compromise his integrity for a vote or popularity in the party machine. I’ve been in the trenches like Rick and had dirt kicked in my face. I spit it out and kept fighting for children to have a better life than follow narcissistic adults who’s agenda is against what feels right personally. Rick Davis is the person with the right amount of education, experience, grit, and determination needed in order to take our city in a new direction. Rick is a leader and was the first candidate to speak out about our Meth epidemic and the only candidate to offer a transparency plan for city government that will restore trust in our community in how the city does business.

Also I am no relation to Rick, but would be proud if I were.

Carole Davis

Downtown Today: 11/4/2011

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Time 11:00 AM – 12:00 PM
Subject DISABILITY ADVISORY BOARD
Location 301
Recurrence Occurs the first Friday of every 1 month effective 11/4/2011 until 11/4/2011 from 11:00 AM to 12:00 PM
Reminder 15 minutes
BONNIE FOX @ 4927
Categories ROOM 301

Time 12:30 PM – 2:30 PM
Subject ANIMAL CONTROL
Location 301
Recurrence Occurs the first Friday of every 1 month effective 11/4/2011 until 11/4/2011 from 12:30 PM to 2:30 PM
Reminder 15 minutes
SHARON EVANS @ 4982
Categories ROOM 301

IS IT TRUE? November 3, 2011 Late Edition (PictureGate)

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Grafton Image: Owned by Joe Wallace

IS IT TRUE? November 3, 2011

IS IT TRUE that the picture of Brent Grafton that was mailed out to people yesterday is not the property of the Vanderburgh County Democratic Party and that the Party did not receive permission to use the picture in the mailer from the person who took the picture?…that this picture was taken by none other than Mr. Joe Wallace in the Civic Center at the press conference called by Mr. Grafton to announce his candidacy for Evansville City Council?…that Mr. Grafton paid the City County Observer for the right to use the picture and that Mr. Joe Wallace was paid a fair sum of money for the use of that image?…that Mr. Grafton has permission to use this image only on the banner ad that he paid to place in the City County Observer?…that the price to use an image owned by someone is different for sending a mass mailer than it is for a simple banner ad?…that the theft of intellectual property through screen scraping is a serious matter?…that Mr. Wallace will be submitting an invoice to the Vanderburgh County Democratic Party tomorrow morning and that no terms will be offered?…that means due upon receipt and that Mr. Wallace expects his fee of $3,500 for the mass distribution that the Vanderburgh County Democrat Party made without permission to do so?

IS IT TRUE that the negative campaign materials just seem to keep coming out?…that there is one that was sent that was paid for by the Indiana Republican State Committee and Authorized by Winnecke for Mayor that literally makes Rick Davis look like pictures of the devil that young children are scared with?…that is part of the game of politics and Mr. Davis has certainly taken the attack mode with his State Democrat paid for ads?…that it is one thing to distribute attack ads but it is very different to openly state that you won’t do this and then to do it anyway?…that Mr. John Friend has been saying that he would never do attack ads and then the Vanderburgh County Democrat Party took it upon themselves to send out an attack ad on his behalf?…that Mr. Friend has been quoted as saying he never saw the ad, never approved it, and that he has had nothing but heartburn from the Democrat Central Committee this year?…that Mr. Friend has also been getting grief over CHICKENGATE?…that is because he was listed as the Party Finance Chair on the Party website?…that Mr. Friend was getting blamed for not paying for the Chicken at Bauerhaus, or the rental of the Centre, and for filing a false campaign finance report?…that his picture was removed from the website this afternoon as he says he advised the Party a year ago that he could not do this job?

IS IT TRUE that Occupy Oakland crossed the line from protest to anarchy and disruption of commerce yesterday?…that closing the Port of Oakland by the use of intimidation tactics is not acceptable and that we encourage the State of California to do whatever has to be done to open the Port as many jobs and much trade is dependent on the goods that flow into and out of the Port of Oakland?…that as long as this movement has stayed peaceful that the CCO has been tolerant and even supportive of their grievances?…that keeping a business from carrying out their business is not worthy of praise or support?…that there are plenty of things to protest about that do not involve costing many people a day’s pay to indulge an unruly group?

IS IT TRUE that the word going out from the Ford Center is that the Evansville Icemen’s hockey game will be sold out on Saturday?…that the word SOLD might be a stretch because this guy has been offered free passes twice in the last 24 hours?…that if we are to pack the house then great, but let’s not refer to large number of giveaway tickets as SOLD when they are not?

Democratic Central Committee Negative Mailer not authorized by Councilman Friend

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Soon homes in Evansville’s 5th Ward will receive a very negative mailer depicting Brent Grafton the Republican candidate for Evansville City Council as a former “political boss”. The mailer basically was a series of quotes by Republicans regarding the 2006 election controversy when Mr. Grafton was the chairman of the Republican Party.

The mailer according to its disclosure statement was “Paid for and authorized by Vanderburgh County Democrat Central Committee”. Just yesterday the City County Observer discovered that the Democrat Central Committee was being sued on behalf of the Bauerhaus for not paying the $3,500 tab for the awards banquet held last summer and that the Democrat Party also owed a debt to taxpayers of Venderburgh County for an unpaid debt to SMG for use of The Centre.

When contacted regarding the negative nature of the ad Councilman John Friend on whose behalf the mailer was sent out stated that “Mark Owen and the Democrat Central Committee are causing me nothing but heartburn lately”. Friend went on to state that he had never seen the mailer and did not authorize it.

In response to allegations that he was the Finance Chair of the Democrat Party when the unpaid debts were incurred and when the false campaign finance report was filed Mr. Friend responded by saying that he “told Mr. Owen a year ago that he could not continue to serve in the capacity of Finance Chairman”. Yesterday Mr. Friend’s image was still on the Vanderburgh County Democrat Party website as the Finance Chair but as of 4:00 today his title and picture had been removed?

Councilman Friend was adamant that he does not engage in negative campaigning and expressed that he had considered paying part of the Democrat Party’s debt to the Bauerhaus as the City County Observer took the lead on yesterday. It is to be learned at a later date if the printer of these mailers will be paid by the Democrat Party.

IS IT TRUE? November 3, 2011

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The Mole #??

IS IT TRUE? November 3, 2011

IS IT TRUE that polls taken yesterday and made available to the City County Observer indicate that every race except one for the City of Evansville elections are within the margin of error of the poll itself?…that excluding one contest that the largest margin of difference between any two head to head contests is 3 points?…that what this means is that this weekend’s efforts and revelations will be determining the outcome of this year’s Mayor and the makeup of the Evansville City Council?

IS IT TRUE that with the demonstrably negative directions that the TV ads for both campaigns have taken that one would think that we are faced with a choice between Attilla the Hun and Charles Manson?…that we absolutely know that both Lloyd Winnecke and Rick Davis are much better people than the ads are portraying each to be?

IS IT TRUE that the City County Observer wishes that there would have been one more debate that would have been conducted in a national format that would not put viewers to sleep?…that an election eve debate would provide voters one last opportunity to see the candidates address the issues so that the most informed votes possible could be cast?…that from a business attraction perspective we would like to hear the 5 minute pitch on Evansville’s behalf that each candidate would make extemporaneously to an executive who is considering an expansion that involved the creation of 500 or more jobs that pay well above local averages?…that this is the kind of substance that the “top salesman for the town” should be capable of doing with ease in an anyplace, anytime manner?

IS IT TRUE that even if the candidates for Mayor are correct that each is a scoundrel and a fool we always have the City Council to keep the scoundrel across the hall in check?…that at least we should?…that the most important outcome of next week’s election may just be the outcome and demeanor of the Evansville City Council?…that for the last 8 years Evansville has had such a supermajority of Democrats that voted as a block in any way the Mayor wished that several poor actions have been rubber stamped?…that a strong and deliberative City Council that paid attention would have passed the good works of Mayor Weinzapfel while filtering out the albatrosses?…that what we need on the next City Council are nine people who think for themselves, do not put party or the head of the party first, and actually practice the rapidly disappearing blend of art and science known as COGNITIVE THOUGHT?…that we encourage our readers to engage in COGNITIVE THOUGHT and to elect people to the City Council who do as well?…that we discourage voting for anyone who is OWNED by a party?

IS IT TRUE that the weather report for election day right now is about as inclimate as it can be?…that we hope that this will not keep people away from the polls?…that the worse part of the rain this time of year is that those darn yard signs will be soaked and more difficult to burn?…that it appears as though we are headed for a campaign for Mayor of Evansville that will result in over $1.2 M spent to woo the 30,000 or so votes that are expected to be recorded?…that this works out to $40 per vote?…that the so called good old days of buying votes with a half-pint of cheap whiskey are dead and gone?