Indiana
Pride organizers, ACLU sue Indiana city again, saying it defied court
Supreme court declines Tennessee vanity plate free speech appeal
Lawyers for a Tennessee woman challenging the rejection of her “69PWNDU” personalized plate argued state rules have led to a “dizzying array of censorship.”
An LGBTQ advocacy group is once again suing Loogootee, Indiana, claiming the city is ignoring a recent court decision ruling its actions unconstitutional and is pushing its festival out of the public square illegally.
The Southern Indiana city of 2,600 people and festival organizer Patoka Valley AIDS Community Action Group have fought for years over LGBTQ expression on city property, specifically where the annual PrideFest would be held.
The city had enacted a special events policy that would prevent the group from holding the festival at the public square downtown. The U.S. District Court of Southern Indiana handed the city a major defeat in August, ruling that the policy was too broad and violated organizers’ First Amendment rights.
Now, Loogootee has enacted another special events policy that mirrors several measures in the one that the court struck down. In response, the Indiana chapter of the American Civil Liberties Union, which represents Pakota Valley, filed a new lawsuit against the policy and filed a motion alleging the city is disobeying court orders.
“Court orders must be complied with, and Loogootee, by enacting an ordinance that contains provisions enjoined by the Court, is in contempt of its lawful orders,” ACLU Indiana legal director Ken Falk said in a news release. “Moreover, the ordinance it has adopted continues Loogootee’s pattern of attempting to unconstitutionally restrict this celebration of the LGBTQ+ community.”
The new legal twist is the most recent development in what’s been a tense local culture war between the LGBTQ+ community seeking to publicly celebrate their identity and the strong, sometimes threatening, community pushback to their efforts.
Is Loogootee’s ‘new’ policy new?
Judge Richard L. Young listed three primary factors in his August ruling as to why he found Loogootee’s old policy unconstitutional: a 45-day event permit application deadline, small group thresholds, and event location limits. He also disagreed with the city’s health and safety reasoning for such rules.
Public institutions can legally establish restrictions on the time, place and manner of free expression as long as these restrictions are narrowly tailored.
Enacted Dec. 29, the new ordinance reuses the same language regarding the permit deadline and small groups but broadens the locations where an event can be held. Instead of limiting an event to one of two places, an event can now be held anywhere except within 240 feet of the town center’s fountain.
In its complaint, the ACLU argued that the “verbatim” measures and the new location restriction are all unconstitutional.
“The ‘new’ Ordinance is therefore ‘new’ in name only and, in reality, Loogootee has simply reenacted provisions that this Court has explicitly enjoined as unconstitutional,” the ACLU’s complaint reads.
Loogootee Mayor Brian Ader previously told IndyStar that the city planned to appeal the District Court’s decision, but an appeal was never filed.
The USA TODAY Network – Indiana’s coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Have a story to tell? Reach Cate Charron by email at ccharron@indystar.com, on X at @CateCharron or Signal at @cate.charron.28.
Indiana
Police arrest suspect in Westfield homicide
WESTFIELD, Ind. (WISH) — Police have arrested someone in connection to a homicide earlier this month in the Hamilton County city.
In a Friday night social media post, the Westfield Police Department announced the arrest but gave no details, including who was arrested or what preliminary charges the person may face.
“Due to the active nature of this case, limited details are available for release at this time,” the post said.
As WISHTV.com previously reported, James “Matt” Lushin, 47, was found dead shortly after 7:25 p.m. March 12 with trauma at his home in the 3900 block of Westfield Road, also known as State Road 32.
Social media posts from the scene showed police tape and emergency vehicles at a red brick house between Shady Nook Road and Gray Road.
Lushin’s obituary said the Kokomo native was a key partner with the real estate investment company, FLF Property. The obituary also said, “Matt was also a respected and accomplished member of the international poker community. He traveled the world competing in tournaments and built an impressive and successful career.”
Police have previously said the death was believed to be isolated, posing no ongoing threat.
Officials have not released a specific cause or manner of death.
Indiana
Retro Indy: Five years ago Covid confined March Madness to Indiana
Just three days before Selection Sunday in March of 2020, the NCAA announced that March Madness, like so many other events that spring, would be cancelled due to the new virus upending life. The decision marked the first time in tournament history that the final weeks of the college basketball season would not be played, squashing Atlanta’s plans to host the Final Four.
When the following year rolled around, the NCAA decided that March Madness would not succumb to the virus once more.
With a vaccine only on the horizon and hundreds of Americans still dying each day, the organization announced in November of 2020 that while the tournament would go on, it would certainly not be business as usual. All 67 games, NCAA officials said, would be held in one location. Central Indiana was the first choice as Indianapolis had been on tap to host the Final Four April 3-5.
The plan, said NCAA senior vice president of basketball Dan Gavitt in a November 2020 IndyStar article was to present “a safe, responsible and fantastic March Madness tournament unlike any other we’ve experienced.”
In January the NCAA made it official: All games would be played in and around Indianapolis in a modified version of a bubble.
Holding the tournament in one place just made sense, NCAA officials told IndyStar. Unlike in a typical year when a winning team would travel multiple times before the championship, this system would minimize travel, which could inadvertently expose players and coaches to the virus.
Two months later when the tournament kicked off on March 18, 55 of the 67 games were scheduled to be played in Indianapolis venues, such as Gainbridge (then Bankers Life) Fieldhouse, Lucas Oil Stadium, Indiana Farmers Coliseum and Butler’s Hinkle Fieldhouse. Purdue’s Mackey Arena and IU’s Assembly Hall also hosted games.
While the first Covid vaccine had arrived a few months earlier, few people outside of first responders and the most vulnerable had been immunized, so in an effort to avoid large crowds, the Indianapolis sites all capped tickets at 25% capacity. That meant only 17,500 people could attend games at the largest venue, Lucas Oil Stadium. The college arenas allowed far smaller audiences, with IU limiting attendance to 500 people.
A week before the tournament began Marion County Public Health Department officials and Mayor Joe Hogsett asked attendees to make smart public health choices, such as social distancing and obeying the face masks mandate. Referees donned masks as much as possible as did coaches and players on the bench.
The NCAA regularly tested athletes, administering 28,311 tests Covid tests during the tournament, 15 of which came back positive.
Post-mortems after the tournament asked whether the NCAA had made the right call. Two high profile deaths occurred in the aftermath of the tournament — one a University of Alabama superfan who had traveled to Indy for the games and the other a St. Elmo bartender. But proving a direct link between their deaths and the tournament would prove impossible, and some public health experts said the NCAA had done everything it could to protect athletes and fans short of canceling the event.
A study conducted by IU, Regenstrief researchers and others that appeared in August 2021 in the Journal of the American Medical Association found that while mask wearing had theoretically been compulsory, about a quarter of attendees at the games were either not wearing masks or doing so inappropriately. Still, in an IndyStar article about the study Indiana Sports Corps president Ryan Vaughn termed the event “a resounding success.”
The following year, with a vaccine widely available and far fewer daily deaths from the virus, the tournament returned to a typical schedule, concluding in New Orleans’ Ceasars Superdome. More than 69,00 fans attended the final games, according to the NCAA. Local authorities had lifted the mask requirement by this point.
“Last year was about survival. Just having championships in any way, single site, keep everybody safe and be successful,” Gavitt said in an NCAA news release in late April 2022. “I think this year was about advancing.”
Indiana
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