Dedicated to the advancement of the State of Indiana by re-affirming our state's constitutional principles that: all people are created equal; no religious test shall be imposed on our public officials and offices of trust; and no special privileges or immunities shall be granted to any class of citizens which are not granted on the same terms to all citizens.
Advance Indiana, LLC. Copyright 2005-16. All rights reserved.
Fox 59 News is reporting that IMPD is questioning three four people described as suspects in last week's tragic shooting death of a pregnant mother, Amanda Blackburn, wife of Pastor Davey Blackburn of the Resonate Church. Also, WTHR's Steve Jefferson is confirming what Advance Indiana told you last week--Amanda Blackburn was sexually assaulted by her assailant(s) during the attack and police have DNA evidence to prove it. Jefferson also reported last night that Blackburn packed his bags and left town headed for an undisclosed location for a few days while he continues to mourn the death of his late wife and unborn child.
IMPD to suspect: "You left behind evidence". (DNA) Sources confirm Amanda Blackburn's killer sexually assaulted her. pic.twitter.com/C9QEbYe75P
UPDATED: WRTV says four persons are in police custody currently being questioned about Blackburn's murder. The suspects were taken into custody at two different locations where police served search warrants, including an apartment complex on the city's northeast side. WRTV also says a spokesman for IMPD denies reports Blackburn was the victim of a sexual assault.
Davey Blackburn was interviewed by Inside Edition today. He's apparently down in Anderson, South Carolina. The interview was done in the NewSpring mega church of his mentor, Perry Noble.
Jared Fogle entering federal courthouse (Indianapolis Star/Kelly Wilkinson Photo)
Federal Judge Tanya Walton-Pratt sentenced Jared Fogle to 15.6 years (188 months) in prison. That's three more years than the maximum sentence federal prosecutors had recommended and five years more than defense attorneys requested for his plea agreement for paying to have sex with minor girls and possession of child pornography.
The Indianapolis Star provides a pretty good run-down of what's included in the legislation introduced by Senate Republicans to extend civil rights protections to persons based on their sexual orientation and gender identity, as well as the provisions protecting religious freedom. The LGBT rights organizations are all up in arms, dubbing the proposal the most anti-LGBT rights ever, which is laughable on its face. The federal Civil Rights Act provides no protection to persons from discrimination based on their sexual orientation or gender identity. Leave it to extremists to look a gift horse in the mouth. Indiana's proposed legislation also makes active duty military persons and veterans a protective class under the state's civil rights law, although that's not discussed in most of the news stories.
Based on the commentary from LGBT rights organizations, their biggest beef with the legislation is that it exempts religious organizations. In other words, they want to force churches which disapprove of same-sex marriages to solemnize the marriages anyway. They want to force churches and religious organizations to employ gay or transgender persons in clergy and other positions against the beliefs of their religious organization.
Another big complaint is that the legislation allows small business owners to discriminate. Indiana's civil rights law respecting employment discrimination applies only to employers with six or more employees. The same small employers which are exempt under the current law will be exempt under the proposed law. Additionally, it carves out an exception in public accommodations for employers with four or fewer employees to provide wedding-related services for same-sex couples. LGBT rights groups are also upset because the law will not permit enforcement actions against employers, schools and businesses compelling them to provide transgender-friendly restrooms.
LGBT rights groups are also upset that the state law would prohibit local governments from enacting civil rights ordinances that are more stringent than the state law. The bill also adds a provision allowing for the imposition of a $1,000 penalty against persons who file "frivolous" complaints. Just as an exercise, I would urge someone in the media to find ask Indianapolis EEO office how many complaints have been filed alleging discrimination on the basis of sexual orientation or gender identity since the City enacted its law 10 years ago. You would be shocked by how few complaints have been filed here or any other city in Indiana that has adopted a similar local ordinance.
Here's the Star's full summary of the proposed legislation:
Housing: Most landlords and property owners could not refuse to sell or rent to someone because they are gay, lesbian, bisexual or transgender. The law would also apply to loans, appraisals, property showings and real estate marketing. As is currently the case with discrimination based on race, color, religion, sex, disability, familial status and national origin, violators could face a civil penalty of up to $50,000 for the first violation and $100,000 for the second violation.
Employment: Most but not all employers would be prohibited from discriminating based on sexual orientation or gender identity. The protection applies to hiring, firing and other employment matters. State contractors and subcontractors would also be banned from discriminating unless they are affiliated with a religious institution. As is currently the case with discrimination against other protected classes, violators could be required to stop discriminatory practices and pay victims any lost wages.
Public accommodation: Most but not all shops, restaurants and other establishments offering goods and services to the general public could not refuse to serve gay, lesbian, bisexual or transgender people. A business that violates the law would be required to halt its discriminatory practice.
Marriage licenses: County clerks would be required to issue marriage licenses regardless of the couple's sexual orientation or gender identity. State and local governments would also be banned from denying or suspending licenses or permits of any kind based solely on a person's lawful expression or activity regarding marriage, sexual orientation, or gender identity.
Protections for religious groups and people
Religious groups: Religious organizations, such as churches, associations or religiously affiliated nonprofits, would be exempt from all parts of the civil rights law regarding sexual orientation and gender identity. So, too, would be religious leaders, such as priests, pastors or rabbis, when involved in activities of their religious organizations. One question likely to arise from this is whether that could be interpreted by religious schools and day cares to refuse enrollment to children of same-sex or transgender parents, or expel a child who identifies as gay or with a different gender.
Marriage ceremonies: Religious leaders, such as priests, pastors and rabbis, would not be required to solemnize any marriage that goes against their beliefs. Religious organizations would not be required to provide services or facilities for the celebration of a marriage that goes against its beliefs.
Wedding businesses: Any business with fewer than four employees would not have to provide any marriage services for a same-sex couple or transgender person. This would include renting a facility, baking a cake, or taking photographs for a wedding rehearsal, reception, ceremony or anniversary. It would also include providing marriage counseling.
Public bathrooms: Schools, employers and businesses would be able to set their own policies on who can use which restrooms or locker rooms. This would mean they could decide whether transgender people could use bathroom facilities based on their preferred gender, or whether transgender people could be required to use those facilities based on their birth sex. Schools and employers could also set dress code policies based on sex, sexual orientation or gender identity. This could mean making accommodations for transgender people to dress and present themselves as they prefer, but it appears it could be interpreted to require men, women, gays, lesbians, bisexuals and transgender people to conform to certain ways of dressing. And the law would provide for the state attorney general to defend the policies of any government agency or public school board.
Other things you should know about SB 100
Other things you should know about SB 100
Definition of transgender and sexual orientation: Before filing a complaint, transgender people would be required to live as their preferred gender for a year or produce evidence of medical history, care, or treatment of their gender-related identity. People do not have to “prove” their sexual orientation in order to be protected from discrimination — and an action could still be found to be illegal discrimination if a false assumption is made about someone’s sexual orientation. The bill covers “actual or perceived bisexuality, heterosexuality, or homosexuality.”
Frivolous complaints: The measure establishes a $1,000 penalty for “frivolous” discrimination complaints. The penalty also extends to complaints filed “intended to harm the subject of the complaint.” Any penalties imposed by the Indiana Civil Rights Commission would be sent to the state general fund.
Supersedes local ordinances: The proposal prohibits local governments from enacting stricter non-discrimination ordinances. That would likely have an impact on local city and county non-discrimination ordinances, some of which include larger fines and fewer carve outs for religious objections than the proposed state law.
I came home today to find a letter in my mailbox from Blue Indy. The purpose of the letter was to provide notice to nearby neighbors in the historic district that Blue Indy planned to install yet another Blue Indy station with an enrollment kiosk on the right-of-way along Michigan Street where it intersects Mass Avenue in front of the inappropriate apartments known as Millikan On Mass that now surround Barton Tower.
There is currently angled-street parking at that location used primarily by the heavily-trafficked Athenanuem Building where the YMCA, Rathskeller and American Cabaret Theater are located. The notice said this Blue Indy station will replace one originally proposed to be installed on the west side of New Jersey Street near this same busy intersection. A hearing before IHPC has been scheduled for December 1 at 12:00 p.m.
This has gone way too far. Mayor Greg Ballard entered into a one-sided, corrupt, illegal agreement with this French-owned company that has permitted the theft of tens of millions of dollars worth of public assets. What in the hell is wrong with a City where there is no person with responsible legal authority who will step forward to uphold the rule of law?
Mayor Ballard and other key members of his administration responsible for this and other corrupt contracts awarded to political insiders should have long ago been indicted for the multiple felonies they've committed. Other officials in other cities have gone to jail for less. Yet nothing happens while we watch our city being plundered by these thieves. Our City-County Council members sit and twiddle their thumbs. Our local news media ignores the corruption and, instead, writes press releases about how the unwanted electric car sharing program makes us look like a world class city. Marion Co. Auditor Julie Voorhies is the only public official in Marion County who has taken legal action to block the use of public dollars for Blue Indy, a move she's gotten little, if any, support from other public officials for initiating.
Hey, Terry Curry and Josh Minkler. How about you start doing your jobs or resign? I've said it before, and I'll keep saying. Every damn corrupt politician in Chicago should relocate to Indianapolis where you can steal as much as your heart desires without any worries of being held to account for breaching the public's trust.
"I remember thinking about Davey, something's not right with that boy," NewSpring Church Pastor Perry Noble said about Davey Blackburn during this past Sunday's memorial service for Amanda Blackburn, who was killed by a single gunshot wound to the head during an alleged home invasion last Tuesday. The audience laughed at Noble's comment about Davey. Noble continued, describing the day he met Amanda, "They walked in and I said that thing that hasn't been quite right with Davey just got made right when she walked in" "She truly was the person that completed him and made him a better man." After reading what follows, some might wonder if there's something not right about Pastor Noble.
Long before Davey and Amanda arrived to build their new Resonate Church in Indianapolis with the financial backing of Noble's NewSpring church, Noble and his church had frequently been the center of controversy in Anderson, South Carolina. Noble was recently rebuked by the South Carolina Baptist Convention over controversial statements he made about the Ten Commandments not being commandments from God but rather "sayings" or "promises." Noble told the parishioners at his mega church during a Christmas eve service last year that there was no word for "commandment" in the Hebrew language in which the original Old Testatment was written. Noble later apologized, saying he misunderstood his teacher in Israel. In a later sermon shown in the video above, Noble apologizes for the misunderstanding, as well as a flap over his use of the N-word during his sermon. He assured his parishioners that's not the word he meant to say in his heart.
A critic of Noble's church, Dr. James Duncan, an associate professor of communications at South Carolina's Anderson University, filed a lawsuit against Noble, his church and other NewSpring officials after he complained they waged a "campaign of harassment" against him and his family because of his critique of the church's methods. "We sued the parties for negligence, invasion of privacy, intentional infliction of emotional distress, defamation, assault (Maxwell only), civil conspiracy, unfair trade practices, and negligent hiring, training and supervision," Dr. Duncan wrote on his blog, Pajamapages.com. "We alleged that Perry Noble and other NewSpring leaders were aware of the harassment from early on and did nothing to stop it; though they deny those complaints." Dr. Duncan said he and the defendants entered into a confidential settlement after years of litigation in September 2012 under which the church's insurance company paid him and his family an undisclosed sum.
Dr. Duncan detailed the harassment he claims he and his family endured following his public criticism of Noble and the NewSpring Church in a December 5, 2009 post on his blog titled, "Holy Rage at the Spring." He says his ordeal began after he blogged about a series by NewSpring's youth ministry titled, "SEXED." Duncan took issue with the "salacious image and statements" he believed occupied the church's stage. Looking closer at the church's sermons, he saw what he viewed as profanities being spewed by ministers during church services. The church's youth worship center was called the "Fuse Factory" that was described as looking "bamf" (bad a_ _ mother f_ _ _ _ _)." After church officials became aware of his criticism, Duncan says he earned the wrath of what he described as "paranoid pastors" who had no room for "dissent and disagreement."
Duncan describes what started as a twitter campaign against him by Noble's associates escalated into something far more serious and deranged. Duncan began receiving gay pornographic e-mails sent by a NewSpring member. Later, someone subscribed him to a gay magazine, OUT. That was followed by unsolicited e-mails confirming his request for auto insurance, life insurance, financial planning services, enrollment at online universities, etc. One NewSpring member set up a Twitter account impersonating Duncan, which directed insults at Anderson University's president where Duncan was a member of the faculty, and expressed a homosexual interest in one of regular commenters on his blog. Someone else attempted to create a fake account for him at Wikiversity. That was followed by late-night prank phone calls and a forged resignation letter from Duncan addressed to the university's provost, which he only learned about when the provost e-mailed him to express his regrets about his resignation. It didn't stop there. One fake twitter account was deleted and replaced by another that renewed attacks on Duncan and his family members, describing their sexual proclivities in the most explicit of terms, often fantasizing about homosexual activities.
Duncan said Noble once told parishioners during a sermon that he had to fire one of the church's employee for "going over the line" against a critic, namely Duncan. "Don't worry," Noble assured his flock, the guy didn't blow up anyone's house," Duncan wrote on his blog, quoting Noble. Duncan claimed he and his wife had arranged to adopt a baby, but those plans were dashed at the last-minute. Duncan blames a church member for turning the birth mother against him and his wife. As it turned out, the baby was adopted Duncan claims by a church member with whom he and his wife had been communicating about the ongoing harassment issues to which they were being subjected. Duncan says a police investigation confirmed church members were behind the "campaign of harassment" against him and his family members. This is how Duncan described that investigation and its results:
Genuinely fearful of physical harm befalling my family or me, I reported the harassment to the Anderson County sheriff’s office on July 24. The detective who investigated the case, himself a member of Newspring (who disclosed that fact to me at the outset with an offer to recuse himself), served search warrants on Twitter to get the IP of the person who was posting the content, then on Research in Motion to get the name of the subscriber to the Blackberry device that was being used for the account.
The man behind the harassment was Josh Maxwell, a full-time security staff member at NewSpring. Three other volunteers (Milstead, Eric Elgin, and Travis Dickson) also confessed to their involvement in the harassment, though none were as involved as Maxwell.
I met with an assistant solicitor for the county in October to see what charges might be warranted. For various reasons, the solicitor could only press a single charge against Dickson for distribution of pornography. I had already decided that if Maxwell, the main driver of the campaign, was not going to be charged, it wasn’t fair for him to get off while his friend, who was only briefly involved, was held legally accountable. I told the solicitor that I would not press the charge.
The experience Duncan describes going through after criticizing the NewSpring Church is nothing short of a nightmare. One can't help but wonder whether negative influences from the church where Davey Blackburn once served as a youth minister followed him to his Resonate Church in Indianapolis. Peter Hyatt has blogged extensively at Statement Analysis blog about his perceptions of Blackburn and, in particular, his relationship with his late wife. Hyatt complained of church discussions focusing too much attention on sex and, Blackburn, in particular, whom he describes as having narcissistic tendencies. Hyatt, in particular, is critical of the humiliating and condescending manner in which he perceived Blackburn as treating his wife based on his analysis of numerous videos of the two uploaded to the church's website.
Interestingly, there's an interview Pastor Perry Noble had with GOP presidential candidate Dr. Ben Carson this past August. During the interview, Carson repeats the story about how he was led to Jesus Christ after he locked himself in a bathroom after attempting to stab to death a friend during a fight. That claim, recounted in Carson's recently-released book, has become a center of controversy for Carson's presidential campaign with some acquaintances claiming it never happened.
UPDATE: So I received a menacing phone call this morning from Ware Shoals, South Carolina from this number: 864-618-0017. There was a male calling from this number speaking in a fake accent pretending to be my online computer service provider. Ware Shoals is just a short drive southeast of Anderson, South Carolina. Someone is trying to give me the Dr. Duncan treatment.
A Chicago Tribune investigation has found that Mayor Rahm Emanuel's speed camera program issued more than $2.4 million in fines to Chicago drivers, issuing them tickets when the cameras were supposed to be off and when the required warning signs were "confused, obscured or missing." The investigation also found the speed cameras were systematically issuing tickets to drivers near schools without the legally required evidence of a child in sight. The Tribune estimated at least 110,000 tickets were improperly issued on that basis.
The Tribune found the program, which was pitched as helping protect children near parks and schools, the most prolific ticketing occurred along major thoroughfares where pedestrians are least likely to be struck by motorists. City officials refused to discuss the problems with Tribune reporters, even as they quietly worked to confront the problem after Tribune reporters began requesting public records from the City. Here were some of The Tribune's findings:
More than 11,000 tickets were issued at hours after parks were closed for the night, according to the posted times on Chicago Park District signs or its website.
More than 28,000 tickets were issued at cameras plagued by problems with warning signs that did not meet the minimum legal requirements. The required signs were either missing entirely, obscured by trees and construction, or so confusing that drivers could not figure out which speed limit was being enforced.
A ticket-by-ticket review of 1,500 randomly chosen citations from school zones found no children were present in the photographic evidence for nearly a third of the cases, even though a child's presence was required. That review suggests that about 110,000 tickets may have been issued without legal justification.
More than 62,000 school zone tickets were issued over the summer months when school activity is often so limited that drivers are left to guess whether school is in session or not. The law says tickets can be issued only "on school days," typically defined as during the regular school year. A class-action lawsuit challenging the practice was dismissed by a Cook County judge but is on appeal.
Informed of The Tribune's findings, the Emanuel administration is moving to issue refunds for at least 23,000 fines issued to speeders. Nonetheless, the City's transportation commissioner defended the program. "Speeding is a serious problem in this city," Rebekah Scheinfeld said. "It's responsible for about a quarter of crashes resulting in injury or fatality every year. So we take that very seriously.
"We believe the system is working," Scheinfeld added. "The system is only 2 years old, barely, and we already see positive results in changing driver behavior." Crash data analyzed by The Tribune found that most pedestrian-involved accidents occurred on side streets. ACS/Xerox, the same company that has a 50-year lease of Indianapolis' parking meter assets, administers Chicago's red light cameras and speed cameras. Chicago's original contractor, Redflex, was booted following a federal investigation that uncovered bribes paid to a key city official in connection with the awarding of the contract.
If a story authored by Abdul-Hakim Shabazz at Indy Politics is true, State Sen. Jim Smith (R-Charlestown) becomes the second member of the Senate Republican caucus to face expulsion after being accused of sharing information publicly that was discussed in caucus. Shabazz claims information Smith posted on his Facebook page about the LGBT civil rights legislation introduced yesterday on November 5 led to his expulsion. "The Indiana senate republican leadership is pushing a homosexual civil rights bill . . . What to do you think?" Smith is quoted as posting on his Facebook page.
In 2014, Senate Republicans stripped State Sen. Mike Delph (R-Carmel) of his leadership position and expelled him from the caucus after he was accused of sharing information discussed in caucus regarding the heated debate over the leadership's plans with respect to a proposed amendment to the Indiana Constitution banning same-sex marriages. Delph was later re-admitted to caucus the following year.
Senate President David Long and House Speaker Brian Bosma said they were perplexed when Advance America's Eric Miller put out a video recently claiming Republican leaders planned to move on an LGBT rights bill on Organization Day in what he described as a "sneak attack." In fact, Senate President Pro Tem David Long unveiled legislation introduced on Organization Day which adds protections to the state's civil rights law based on a person's sexual orientation or gender identity. Gay rights advocates immediately assailed the bill, claiming it was a "wolf in sheep's clothing" because of provisions in the bill protecting some organizations, businesses and individuals from claims of discrimination while exercising their religious beliefs.
Regardless of your political beliefs, everyone should be concerned when people are censored while exercising their free speech rights. Because of the super majority Senate Republicans hold in the Senate, what is decided behind closed doors in the Senate is the de facto outcome in public deliberations on the Senate floor. I would argue that caucus meetings should be subject to Indiana's Open Door Law. Caucus leaders adopt these rules of confidentiality to which it subjects caucus members with the threat of expulsion for violating. The truth is that virtually ever caucus member, including the leadership, leaks information to friends and lobbyists in the State House hallways. Someone in the caucus couldn't wait to leak Smith's expulsion to Shabazz as a case and point. It's only when the leader takes personal offense to a leak that a member is punished for leaking those caucus discussions.
State Rep. Matt Ubelhor (R-Bloomfield) is calling it quits half-way through his third term in office. Ubelhor, whose resignation takes effect December 1, cited "business opportunities" as the reason for his departure. Republican precinct committee persons in his district, which covers parts of Greene, Monroe, Martin and Daviess Counties, will caucus to choose his successor.
This is really getting old how elected legislators are increasingly quitting office mid-term, thereby depriving voters of choosing their elected representatives in the General Assembly. If they're not prepared to serve the full term, then they should never run for the office. Maybe we need a state law that fines lawmakers who walk out on the job mid-term.
A class action lawsuit filed by the law firm of Cohen & Malad in the Marion Superior Court yesterday accuses The National Foundation For Special Needs Integrity, Inc., which does business as Special Needs Integrity, of breaching the fiduciary duty it owed to the special needs persons whose trust funds it was administering by paying millions of dollars to an Indianapolis law firm for legal fees and other expenses that it alleges weren't for the benefit of the beneficiaries. According to the lawsuit, Special Needs Integrity, a non-profit organization, provides pooled trust services for persons with disabilities who receive means-tested government benefits. The lawsuit accuses the non-profit of paying out an estimated $2.4 million to the Indianapolis law firm of Lewis & Kappes since 2011 alone.
The named plaintiff in the lawsuit, Timothy Todd from Bloomington, had deposited approximately $57,000 into the pooled trust fund for his benefit. Nearly 12% of his original investment, or about $6,652 was charged to his account as a pro-rata share of the legal expenses owed to Lewis & Kappes as "general expenses." The lawsuit alleges Special Needs Integrity billed Todd's account more than the terms of the special needs trust permitted. Todd's trust funds capped his annual trust administration fees at 1.5%, but it was billed 3.0% annual fee according to the lawsuit. The lawsuit claims Todd's account has been over-billed $9,630 since his funds were pooled with the trust fund. "Based on an extrapolation of these figures across the sub-accounts of the Trust, it appears that Special Integrity Trust withdrew approximately $3,000,000 from trust funds in beneficiaries' sub-accounts since 2011," the lawsuit reads.
According to Secretary of State records, the registered agent for Special Needs Integrity is Suzanne R. Gaidoo with a business address of 301 E. Carmel Drive, #C-100, Carmel, Indiana. Gaidoo is a partner at the law firm of Lewis & Kappes according to the firm's website. Her areas of expertise are identified as non-profit, business, corporate and health care. Her listing indicates she serves as general counsel for several non-profit organizations. The Secretary of State's website lists the president of Special Needs Integrity as Gary Nead with an office address at 2500 One American Square, Indianapolis, the same address used by Lewis & Kappes. Nead appears to work indepently from the firm. He is not a licensed attorney in Indiana and is not listed as an employee of the firm on its website. The incorporator of Special Needs Integrity is listed as Kenneth Service, who lists an address of 1221 Oak Knoll Court, Indianapolis.
The Indianapolis Star has written about the lawsuit here. The Star says that IRS tax filings by Special Needs Integrity show less paid in legal fees than alleged in the lawsuit. "A Star review of the nonprofit's filings found $274,163 spent on legal fees from 2011 through 2014. Special Needs Integrity also paid $146,411 to Carmel-based Special Needs Consultants, LLC, for legal and adviser services." The Star article makes no mention of the law firm that was paid the fees questioned by the lawsuit.
