IS IT TRUE: March 13, 2012

IS IT TRUE that the ink is barely dry on the “almost” comprehensive smoking ban that was passed by the Evansville City Council and there are already two legal challenges being brought against the City of Evansville and the City Council?…that the basis for the suits that has real merit is the exemption that was carved out for the gaming floor at Casino Aztar?…that of course both suits have other claims of “freedom of assembly” and “right to smoke” to cloud the air but those kinds of suits have been struck down by courts all over the country so many times that the precedents are on the side of the City and its Council?…that the City County Observer predicted this would happen on the basis of the alleged “capricious and arbitrary” granting of an exemption based on the magnitude of tax dollars that Aztar pays to the city?…that the only real cognitive argument that the City of Evansville will have that may have legs is that their decision on the Aztar exemption was not ”capricious and arbitrary”?…that the tobacco games are about to begin in Evansville so get your popcorn and enjoy the show?…that as the little Koala Bear says in “Rescuers Down Under” “THIS OUGHTA BE RICH”?

IS IT TRUE that Louisville tried the whole give and exemption to a legacy business that howled that they would go broke if smoking were banned thing and lost in court?…that Louisville carved out an exemption for Churchill Downs and were sued on the basis of “unequal protection” and lost the case?…that the eventual result was a non-smoking Churchill Downs along with the other businesses in town?…that the Evansville City Council knew this full well when they embarked on a trip down the same path?…that even though two members of the City Council voted against the smoking ordinance that the precedent of Louisville never came up in the discussions and neither did equal protection?…that there is no justification for the City Council having gotten itself into this predicament?…that what has to happen now to get the equal protection dilemma relieved is either Evansville will return to its old ways of not protecting workers and will once again be a smoker’s paradise or the next step will be taken to go comprehensive with the smoking ban with no exemptions?

IS IT TRUE that won’t happen so fast because the Indiana State Legislature in all of its wisdom has passed an even more watered down version of a smoking ban that allegedly prevents cities from banning smoking on a casino floor?…that the reality of this situation is that the State of Indiana may have just passed an unconstitutional smoking ban to complement the one that Evansville is being challenged for?…that the City of Evansville may have painted itself into a corner that only leaves it an “all or nothing” option except that the all would violate Indiana’s weak ban?…that would leave Evansville by virtue of the timing and the exemptions with a NOTHING option unless they learned attorney for the City of Evansville can prevail over the “capricious and arbitrary” assertion?…that the days, months, and years that follow will be most interesting in this place that seldom has the courage do what they knew or should have known to be the only defensible action available?

IS IT TRUE that even in the now 24th year of a statewide comprehensive smoking ban in the State of California that gaming floors in casinos allow smoking?…that back in 1988 when the ban was passed there were no casinos in California?…that the way that this happened is because only Indian Reservations can host gambling houses?…that Indian Reservations are considered for these purposes to be sovereign nations and get to make their own rules with respect to smoking just like the states?…that the tribes by choice or to appease market forces only allow smoking where the gaming is taking place and not in the common areas of their facilities?…that maybe that is a solution for Indiana if the state and its cities can’t muster the courage to choose as many other states have already done?

IS IT TRUE that the Evansville Cty Council recieved their packets for tonights meeting at the end of the business day on Friday?…that included in that packet was a ordinance that will be entered into its first reading tonight that the CCO has published this morning?…that this ordinance is asking for the City of Evansville to borrow $5 Million at market rates (4% +/-) to then turn around and loan to EarthCare Energy at an interest rate of 1.5%?…that as of early this morning we do not know of any member of the City Council that has actually read the contents of the 30 or so page proposed loan agreement that covers the terms of the loan that the City of Evansville is being asked to make to EarthCare Energy?…that legislative bodies have been put into places of being asked to make big money decisions before?…that it has already been 3 years since then House Speaker Nancy Pelosi uttered her famous line “we have to pass it to see what is in it” referring to the now much criticized $787 Million Federal Stimulus Package?…that taking a month to read that bill would have been good advice and may have resulted in better legislation?

IS IT TRUE that the Evansville City Council would be well served to delay this vote for a couple of weeks so that all nine of them can read and maybe even seek outside council with respect to translating the contents and ramifications of this action?…that pushing something through before all nine members of the Evansville City Council can actually pass a test on this proposal with at least a gentleman’s C is a disservice to the community?…that mimicking and parroting Nancy Pelosi is not what is expected of the Evansville City Council?…that those that do not have a background in reading complex documents need to be given the time to make an informed decision and to seek the will of the people who elected them?…that a decision by any city to get into the business of issueing “junk bonds” to private businesses is a serious decision that needs to undergo the scrutiny of the voters?…that the CCO encourages the City Council to exercise the good sense to think this through?…that if this is such a good deal that it will still be available in 2 weeks?

IS IT TRUE that the City Council members need to ask some questions that are normally associated with VETTING that has not exactly been a skill exhibited in Evansville lately?…that the first question should be with respect to the exclusivity or lack thereof of the technology that is being licensed by EarthCare Energy?…that the next question should be to ask about the other attempts to raise capital to implement or license this technology by the Reno based business that invented it?…that if this is such a great thing one would think that being only 200 miles from the venture capital enclave of Silicon Valley would have already yielded some results?…that the question “why has some private investor not already financed this” needs to be answered?…that one of those potential private investors is Vectren Corporation that is clearly in favor of the City of Evansvlle making this loan to EarthCare Energy?…that the CCO wonders if or if not Vectren or one of its subsidiaries has made an equity investment in this company and why?

IS IT TRUE that this needs to be VETTED well and the City Council needs to be able to justify whatever action is taken well into the future?…that the last money that was supposedly programmed for loaning to businesses to create jobs was confiscted by the Weinzapfel Administration to build Front Door Pride houses?…that was one big mistake and that we hope that another collasal mistake is not make on behalf of the people of Evansville who will be left holding the bag if this deal goes sour?…that we encourage our City Council members to THINK, THINK, THINK, AND THINK SOME MORE BEFORE following the Nancy Pelosi Doctrine of “Pass before Reading”?