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Pride organizers, ACLU sue Indiana city again, saying it defied court

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Pride organizers, ACLU sue Indiana city again, saying it defied court


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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.

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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.

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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.

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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.



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Indiana

Young male dead after shooting on Indy’s northeast side

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Young male dead after shooting on Indy’s northeast side


INDIANAPOLIS (WISH) — Police say one “young man” is dead after a shooting at the 1200 block of Rue Rabelais at about 7:19 p.m. according to the Indianapolis Metropolitan Police Department.

That is near the intersection of 56th Street and Binford Boulevard.

Police say the victim was taken to Riley Hospital where he later died. Investigators say they are still working to identify the victim.

There was no known information about a suspect. Police did say that they believe this is a targeted incident.

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There was no other information immediately available.

This story has been updated with information from the Indianapolis Metropolitan Police Department.



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Mother and boyfriend accused in death of 4-year-old boy found in closet

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Mother and boyfriend accused in death of 4-year-old boy found in closet


This story contains descriptions of distressing circumstances involving children.

INDIANAPOLIS (WISH) – A mother and her boyfriend were accused of causing the death of a 4-year-old-boy found dead in a basement closet on Monday. 

Indianapolis Metropolitan Police Department arrested Angel Lovely, 37, and Nicholas Bergdoll, 36, on preliminary charges of neglect of a dependent causing death. The Marion County Prosecutor’s Office by Friday had not filed formal charges. 

A sibling found the 4-year-old dead on Monday, according to investigators. Lovely and Bergdoll were in the home at the time but told police they were asleep when he died. 

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Born premature with cerebral palsy, the 4-year old couldn’t walk, was nonverbal, and ate through a feeding tube. Lovely claimed she would rarely put the child in the closet, only “when he won’t stop screaming” or when she “needed a break.” 

But when investigators interviewed Lovely’s three other children, they said that the boy “stays in the closet all day,” and that “mom locks him in the closet” and “does not pay attention to him.” 

An exact cause of death hasn’t been determined, but the child was found with blood in his mouth. Lovely said he’d been aspirating.

One of Lovely’s children told investigators they heard the 4-year-old gagging but didn’t say anything because it wasn’t unusual.

A neighbor living on Monticello Drive, Michelle Johnson, told News 8, “It’s horrible. It breaks my heart.”  

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Johnson had seen the other children outside the home but never knew there was a boy in a wheelchair living there. She said if she suspected they were being neglected, she would have called police or the Indiana Department of Child Services.

“We’re supposed to be a village and raise kids together,” Johnson said. “That’s really heartbreaking.” 

Bergdoll told police, according to the investigators’ report, that he didn’t agree with putting the child in the closet: “I am not going to tell her how to f****** raise her kids.” 

“I’m sickened,” IMPD Public Information Officer Tommy Thompson told News 8 in an interview.
“Think about putting yourself in that situation. Every day, do you want to be in a closet? Locked up, no light?”

Court records show the Department of Child Services had removed the boy from Lovely’s care because of medical neglect, but she regained custody last year against DCS recommendations.  

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Thompson, the neighbor, hopes the tragedy can be an opportunity for others to speak up when they see a child who can’t speak up for themselves. “Maybe you’ve got to make that tough phone call. Reach out. The city has resources.”

Johnson wishes she would have known what was happening so she could have said something. “Children don’t have a voice and we’re supposed to be their voice.”

Help is available for victims of domestic violence, child abuse, and sexual assault. Below is a list of suggested resources, both national and local:



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Police arrest suspect in Westfield homicide

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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.

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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.

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