Pinnochio Damaging Posts not Protected by Journalistic Source Laws
In a recent ruling an Indianapolis judge has ruled that hiding behind a screen name when posting comments on newspaper blogs will not shield the poster of legal liabilities associated with his or her postings.
This is a different position than news organizations have typically taken when it comes to the postings of anonymous bloggers. Now if someone who calls themselves “IMAFOOL” posts something that is false and causes damages to a person’s reputation, then the source on which “IMAFOOL” posted will be required to release the IP address of “IMAFOOL” so that the real name of the person can be the subject of any lawsuit filed that covers the words posted.
This ruling will have no effect on the day to day political banter among posters who disagree but will pierce the veil of secrecy that anonymous posting has provided for false and damaging posting.
IS IT TRUE that the Indiana Democratic delegation from the House of Representatives is now discussing the possibility of staying in Illinois until the current legislative session is completed?…that if they follow through on that threat that over 80% of the pay that they are receiving for being members of the Indiana House will have been earned while “working†in another state?…that those “wages†will be subject to taxation in Illinois?…that these Indiana legislators may even be deemed to be residents of Illinois for income tax purposes?…that residents of Illinois are not eligible to hold state of Indiana elected offices?…that these people were elected by the people of their districts to do their job in the Indiana Statehouse in Indianapolis?…that their failure to do so SHOULD disqualify each and every one of them from continuing to hold office?…that these Democrats are a poor example for our children and for our workforce?…that if there is a behavior clause in their agreements it should be invoked to be rid of them?…that Indiana true to form does not have a RECALL procedure in place like many other states?…that Indiana needs to get busy and put a RECALL procedure into place and to prosecute these AWOL officials to the full extent of any laws that we have to prevent legislative extortion?
IS IT TRUE that Indiana Congressman Joe Donnelly was recently interviewed about the state of Indiana’s manufacturing sector?…that he stated in that interview that there are many $20+ per hour jobs that are going unfilled in Indiana because there are no people available to fill those jobs that are properly trained to do them?…that the days of having a pulse and a insider connection as a ticket to a good job are over forever?…that the good jobs are still available but that they now go to people who are properly educated and trained as opposed to someone who is hooked up through crony connections?
IS IT TRUE that the only jobs that appear to be immune to having a need for education and ability are those jobs where the hiring takes place at the ballot box?…that somewhere in Indiana there is someone with an elected job who has a criminal record, did not complete high school, is completely incapable of doing the job, and refuses to show up for work?…that such a person was most likely encouraged to run for office by a crony who wanted to make a puppet of them?…that this person cannot be removed from office by RECALL because Indiana does not have such a provision in the law?
IS IT TRUE that “MOLE #3” was correct when he predicted that 4th Ward City Councilwoman, Connie Robinson and 5th Ward City Councilman, John Friend indeed push the Weinzapfel Administration to put up an additional $100,000 to spruce up our city parks?
IS IT TRUE that select members of the local “Union Brotherhood” are pushing to help get a certain female candidate elected as a 3rd Ward City Council member? ….that rank and file Union members and loyal Democratic Party workers are amazed that they are not supporting present City Councilman Don Walker for that seat? ….that this political decision not to support a retired union executive and leader may hurt the chances of a Democrat being elected the 3rd Ward City Council seat?….that the local “Tea Party” group may have something to say about this issue?
IS IT TRUE that Evansville City Council members have gotten the message that our city parks need a great deal of TLC? ….we we hear that 4th Ward City Councilwoman, Connie Robinson is pushing to up the financial requests from $60,000 to $100,000 correct maintenance problems at our parks?….we also hear that 5th Ward City Councilman, John Friend is also on board in requesting the additional money for park repairs? ….we want to thank 1st Ward Councilman, Dan McGinn and At Large City Councilman, Dr. Dan Adams for bringing the lack of maintenance problems of our City parks to the public attention?…that we would also like to thank and comment private citizen Dr. Neil Troost for having the courage and perseverance to not just let this problem go without challenge?…that the time for the public to sit back and blindly let Evansville rot to the ground without holding elected officials accountable has passed?
IS IT TRUE that we are extremely disappointed with the Parks Board and the Parks Director for complacently sitting back and letting our city parks get into this mess? ….we hope the new Mayor of Evansville replace some members of the City Parks Board of Directors and looking at ways to motive the present management staff of the Parks and Recreation department?…that the Evansville City Parks contains some 2,300 acres?…that a middle school kid is paid roughly $30 nowadays to mow a one acre yard?…that the mowing season in Evansville is about 30 mows per year?…that if the City of Evansville were to hire an army of middle school kids to mow our parks for $30 per acre for the whole mowing season that the budget for mowing would need to be just over $2 Million?…that comparing that statistic to the budget allocated for parks maintenance when paying prevailing wages to Teamsters and a city benefit package that one just has to scratch their head in disbelief?…that whomever writes, recommends and approves budgets for maintaining 2,300 acres in Evansville must have no knowledge whatsoever about the cost to mow grass and the time it takes to do so?
IS IT TRUE we wonder how much John Kish and his Evansville Redevelopment Commission have decided to pay the Vanderburgh County Democratic party to relocate their offices from the Executive Inn parking garage to its new location at the old Welborn Hospital?…that there were several offers to get the pickup trucks mobilized and move the desks, chairs, and pictures of politicians for free back last year when this first came up?…that if there was ever a project that should be subject to bidding and transparency that this is it?
IS IT TRUE that there were 58 residential properties in the City of Evansville reported as having been sold in the Courier and Press yesterday?…that the highest sale price reported among those 58 homes was $30,000 and that the lowest price reported was for only $300?…that the median price of these 58 homes was $7,800?…that a number of these homes were in and around the Front Door Pride area and the areas north of the Lloyd Expressway and south of Diamond Avenue?…that this is quite a large sample of sales to show such low sale prices?…that this kind of data does not bode well for the local economy?…that we wonder why realtors and elected officials continue to crow about how the housing market in Evansville was not impacted by the recession with numbers like this being published?…that maybe there is a bit of denial going on within the self serving segments of our community?…that when 58 houses sell in legitimate transactions for a median price of $7,800 that there is a problem with real estate within the City of Evansville that Front Door Pride homes will not solve?
IS IT TRUE that the Chicago Tribune reported in May of 2009 that the median home price in Detroit had fallen to $7,500?…that even veteran market watchers were completely shocked at that number?…that based on the recent sales data for Evansville’s $7,800 median that we are also shocked?…that the comparisons to Detroit just continue to amaze us?…that neither number is likely to fully describe the markets in either city?…that they are stark reminders of just how low of a value is placed on residential properties in shrinking cities during challenging times?…that for the curious that the link to the story about the $7,500 per house median for Detroit is below?…that another shocking but informative article about the slide from $7,500 to $6,000 and how it compares to Danville, IL is also linked just below?
IS IT TRUE that the City County Observer really hopes that the City of Evansville can find a way to stop following in the footsteps of the City of Detroit?…that the parallels are really getting scary?
IS IT TRUE that the consolidation committee has recommended maps for Council members of the proposed consolidated government based on the population of census tracts from the 2000 census?…that the demographics and the population distribution of Vanderburgh County have changed enough in 10 years to render the 2000 census to be obsolete and useless for such purposes?…that any actions taken on 2000 census data will be deemed to be irrelevant based on these changes?…that a complete new map needs to be drawn before any recommendations can be taken seriously?…that based on the new data that the currently unincorporated parts of the county will make up 3 of the “wards†if consolidation actually passes?…that with the rate of voter registration and actual voting that this will essentially create a situation where the county actually annexes the City of Evansville?…that this is what has been needed for some time?…that the City of Evansville needs to take lessons on governance from outside of its own borders?…that we can all thank the Vanderburgh County Surveyor, Mr. Bill Jeffers for an excellent article that has illuminated just how much of a difference that the population shifts of the last 10 years have made?…that in 10 more years the county will be even a larger part of the population of Vanderburgh County and an even more formidable area to be dealt with?
My facebook friend Mary K. (Mimi) Parker responded to my call to use the word Sheen as a verb with the term Sheenius. A Sheenius of course is a person who does something that the recently newsworthy Charlie Sheen may do. Lifting a half of a line from comedian Jeff Foxworthy I have come up with the following examples of Sheenius along with this makeshift definition.
Sheenius: A person who has a sense of grandiosity combined with denial in a way that one does not have to be a genius to recognize. Ex: “a person who claims to have tiger blood and Adonis DNAâ€
“If you are 5 feet tall and can’t jump yet you proclaim to the world that you will be an NBA star then you might be a Sheenius.”
“If you can’t add 2+2 but tell everyone you know that you will be accepted to the MIT College of Engineering, you might be a Sheenius.”
“If you claim that you can slam 8 shots of tequila in an hour and still pass a breathalyzer test then you might be a Sheenius.”
“If you think that spending $80 for an item you do not need that is on sale from its $100 regular price actually constitutes saving money then you might be a Sheenius.”
“If you make an argument that smoking is good for you and that second hand smoke will make hair grow on the head of a bald man then you might be a Sheenius.”
Please add to this list at will. Let’s make this go viral.
Bill Jeffers The Reorganization Plan’s Defective Voting District Layout By: Bill Jeffers, Vanderburgh County Surveyor
On January 11, 2011, the Evansville–Vanderburgh County Reorganization Committee delivered its final Plan of Organization for a merged city-county government to the Vanderburgh County Commissioners and the Evansville City Council. The plan proposes eight voting districts, each from which to elect a common council member and all from which to elect three at-large council members.
Under the committee’s voting district layout, the existing city council districts remain nearly the same as they are now, and unconsolidated area of Vanderburgh County becomes two additional council districts. The concept proposed by the committee intends to protect the county’s rural lifestyle and preserve the agricultural community’s political influence within the proposed consolidated government system.
However, since the committee based its voting district map on 2000 census data, the map became outdated when the U.S. Census Bureau released 2010 census data earlier this year. The new data show a dramatic shift of population into the unincorporated county over the past ten years. For example, the new census data show a drop since year 2000 of 4,153 in the city’s population even though Evansville annexed about sixteen hundred apartment residents living east of Burkhardt Road between the Lloyd Expressway and Morgan Avenue in 2008.
At the same time, the unincorporated county gained 11,934 people, and most of these transplanted urbanites located in newer, small lot subdivisions built since 1999 in previously rural Center and Scott townships. As a result, the area designated as District 8 on the reorganization committee’s map now houses a population of about 32,500, or about 10,000 people more than will be allowed for a single council district. And that means the plan must be amended to include a completely redrawn map comprised of voting districts with balanced population before the map will be approved by state and federal election commissions, and before a unified local government may be elected under the plan.
If the committee really intends to preserve the agricultural community’s political influence within the bounds of its own voting districts, and to create only 8 districts, the fact is there will be only one rural voting district rather than the two appearing in the current reorganization plan. Furthermore, the single rural district will wander from the southwest corner of the county in Union Township bottoms, thence north 16 miles through westernmost Perry and German townships before turning east 18 miles across Armstrong and northernmost Scott Township to the northeast corner of the county. Yet even this single gerrymandered district must include the Town of Darmstadt and enough other residential subdivisions to total the 22,500 people needed for a single voting district.
Essentially, the rural and agricultural community’s political impact on local government in Vanderburgh County will evaporate under consolidation.
The reorganization committee attempts to address the known need to completely redraw the proposed voting districts by employing a so-called transition board only after approval of the plan by referendum. And the current plan empowers the transition board to divest the city council and the county commissioners of their traditional and statutory authority to redistrict. Yes, the current plan hands over redistricting authority to twelve people including 2 city council members, 2 county council members, 1 county commissioner, the mayor, the sheriff, and 5 other persons, with no particular qualifications, appointed by those elected officeholders. And the plan allows the transition board to appoint additional members, also with no specific qualifications.
Do city council members and county commissioners really want relinquish their traditional and statutory redistricting responsibility to a mixed bag of elected and appointed persons? And would it not be more appropriate to include a correctly completed voting district map to the public as a part of the merger referendum package rather than have an ad hoc committee patch one together after the fact?
IS IT TRUE that the Lamasco Bar & Grill at 1331 West Franklin Street did an ad hoc experiment last night that resulted in a resounding success?…that Chicagoland’s Marrakesh Express, a Crosby, Stills, Nash, and Young tribute band performed at Lamasco as a special date on the way to their Saturday night gig in the big city of Atlanta, GA?…that the BAND specifically said that the venue had to be NON-SMOKING for the evening so the vocalists would not damage their voices for the Atlanta performance?…that the NON-SMOKING experiment for the normally smoky Lamasco Bar was a sellout and a resounding success?…that every table was filled with people eating, drinking, and having a great time?…that there was a standing room crowd in front of the stage that was reminiscent of a musical experience right out of the late 60’s without the smoke?…that for one night Lamasco Bar provided a world class tribute band from Chicago in a NON-SMOKING atmosphere and IT WORKED?…that we encourage Lamasco to make this a regular thing and others to follow suit?…that Friday night March 4, 2011 the Lamasco Bar put on a lifestyle experience that drew professionals and that Evansville needs many more times like this?
IS IT TRUE that in a discussion held yesterday on a journey to do business in another city, some Evansville based entrepreneurs held a discussion on what Evansville needs to do to move forward and thrive?…that the question asked was “if your had both the money and the power to do something to make Evansville’s economy better, what would you doâ€?…that the first action agreed upon would be to establish and promote a VENTURE CAPITAL fund with the intention to invest in the equity if local ideas and emerging businesses?…that Evansville has no Angel Networks or Venture Capital firms and that this dearth drives many of our talented and ambitious people both young and old to other places to achieve their dreams?…that just in the car the travelers personally knew of roughly $1 Billion of local and somewhat recent wealth that has been generated from entrepreneurial activities?…that we need much more of that?
IS IT TRUE that the second action needed was agreed to be for at least one of the local universities to establish research facilities and offer advanced degrees in targeted industry knowledge generation?…that Evansville likes to call itself “Plastics Valley†and actually has around 200 businesses that derive their income from the plastics industry?…that neither of our local universities offers even a bachelor’s degree in Polymer Chemistry or Plastics Engineering?…that they should have been doing that for years?…that money and a research university are two of the vital ingredients to become a cluster for highly profitable businesses to form and prosper?…that these two steps would have a significant and sustainable positive impact on the local economy?…that as much as it is okay to be a center that makes things for businesses that are owned by outsiders, it would be fantastic to own the technology and the manufacturing expertise so the profits and the jobs will benefit Evansville?
IS IT TRUE that the realization that ownership of intellectual property, a thriving investment community, and advanced research facilities are the keys to bringing Evansville back to a relevance that it has not enjoyed since the 50’s has eluded our elected officials for way to long?…that the temptation to value a minimum wage JOB or batch of them over knowledge based JOBS and to squawk about it as though it will save our city has been the mode of operation of our elected officials for way to long?…that to have a thriving business base that can afford to pay living wages that these businesses first have to thrive?…that the best way to do that is to invent the world’s products and solve the world’s problems?…from that base the support functions will follow?
IS IT TRUE that the third thing discussed was to get very rapidly on with the business of repairing or replacing the disaster known locally as the combined sewer system?…that this is a looming yet unresolved financial obligation and repugnant condition that acts as repellent to businesses looking for a place to grow?…that there were many other things discussed that need to change but that these are the top three?…that more will be discussed in later columns?
Veterans Memorial Coliseum fundraising events
By Stephen R. Melcher
The Veterans Council of Vanderburgh County, Inc. is embarking on a fund raising campaign for a new 35’ flag pole, solar lighting, and landscaping. After researching the costs, we have set a budget of $5000 to complete this project. The flagpole will be placed in the front of the Coliseum at the southwest corner of the building.
We are seeking sponsors and any donations we can get. Those businesses, organizations and individuals who become a sponsor will be recognized on a plaque on marble stone as part of the landscaping around the flagpole. All donations will be recognized and appreciated. Donations are tax deductible.
Please make checks payable to the Veterans Council and mailed to: PO Box 3764, Evansville IN, 47708.
Mark your calendars every Friday night: The Veterans Memorial Coliseum we host a Bingo, the doors open at 4:00pm games start at 6:00pm.
Housing for homeless Veterans
At our Veterans Council of Vanderburgh County meeting on February 3, 2011 the Guest speaker was Stephanie TenBarge, Executive Director of Lucas Place II. Ms TenBarge provided information on Lucas Place II, housing for homeless Veterans. Studies indicate that 1/3 of the homeless are single veterans, who are not being served or are under-served by existing homeless programs. Attention and allowances will be made for the special needs of the veterans. Twenty-seven (27) one bedroom units are being built at Michigan and Garfield. She provided packets for each Council member organization providing further information and suggesting ways for each post to support the project, (i.e. sponsor a room). The Commander, who attended the ground breaking, requested the Council be kept informed on the progress project..
From Col D. G. Swinford, USMC, Ret and history buff
The first German serviceman killed in WW II was killed by the Japanese (China, 1937), the first American serviceman killed was killed by the Russians (Finland 1940); highest ranking American killed was Lt Gen Lesley McNair, killed by the US Army Air Corps. So much for allies.
The youngest US serviceman was 12 year old Calvin Graham, USN. He was wounded and given a Dishonorable Discharge for lying about his age. His benefits were later restored by an act of Congress.
Stephen R Melcher
Commander Vanderburgh County Veterans Council
US Army Veteran
Sgt First Class E-7
IS IT TRUE that the real projected costs of implementing the new reading our water meters via satellite could be between 60 to 80 million of dollars? ….that the local main stream media should monitor the upcoming agenda of the Water and Sewer Board concerning the awarding of this proposed big ticket public works project? ….we wonder if this proposed project is approved how will this big ticket public works project affect our future water and sewer bills? ….we wonder why this proposed big ticket public works project has been quietly discussed among political powers that be?
IS IT TRUE that former Vanderburgh County Sheriff and 8th District member of the United States House of Representatives Brad Ellsworth has accepted a job as the President of Vectren’s Indianapolis operation?…that we are wondering if Citizen Ellsworth will have any influence in his role to roll back the electricity rates in SW Indiana to a competitive price?…that we would all be elated if our price was rolled back to a level where it is only double what the electricity rates are across the bridge in Henderson?…that we don’t expect that helping Vectren become competitive will be in Brad’s job description?…that we do congratulate Mr. Ellsworth on his new position and wish him well in Indianapolis?…that hope he does not forget where he came from?
IS IT TRUE that the Speaker of the Indiana House of Representatives Brian Bosma has announced intention to start fining the AWOL Democrats who for the most part are still holed up in Illinois?…that taking away their per diem did not work and a symbolic $100 per day fine will not get their attention either?…that the only way to get their attention is through a recall process that Indiana does not have?…that there may be a just punishment coming their way at the hands of the State of Illinois and that both the Indiana and Wisconsin legislators could be victims of their own little ruse?…that they have been in Illinois for over 14 days and that they have all supposedly been working and drawing a paycheck?…that by the time this drags out if over half of the legislative session is spent in Illinois that they could be determined for tax purposes to be residents of Illinois?…that Illinois just raised their taxes and will take an insulting bite at their home state earnings if they are deemed to be residents of Illinois for tax purposes?
IS IT TRUE that it would truly be ironic for the legislature of one state to be deemed residents of another state and to pay taxes from Indiana earnings to their new home state of Illinois?…that residency is a requirement for serving in the Indiana House of Representatives?…that the residency option may be worth exploring for both the State of Illinois and for Speaker Bosma’s crusade to bring the wayward legislators home?
IS IT TRUE that the residency of Al Lindsey has finally been put to rest for 2011 City of Evansville election purposes?…that all of the challenges have been repudiated and that the Democratic nomination for the 6th Ward City Council seat will finally come down to a vote as it should?…that Mr. Lindsey and incumbent City Councilman B. J. Watts can start to campaign on their vision and their records and the people of the 6th Ward can choose between them?…that we hope to see a spirited and fair campaign with the best candidate to emerge as the winner?