Indianapolis, IN
‘Obscene performances’ public funding ban moves forward
INDIANAPOLIS (INDIANA CAPITAL CHRONICLE) — A bill that left the Senate with near-universal support picked up a “barnacle in committee,” as one House Democrat put it last week, leaving the House on a 71-20 vote Monday.
The House additions widen the scope of the underlying bill beyond an effort to replace a criminal term throughout Indiana code to include a focus on obscene performances.
As originally written, Senate Bill 326 would have replaced “child pornography” with “child sex abuse material,” acknowledging that children are being sexually abused in such images. But a House committee added a new provision: barring government entities from using public money to fund, organize or host “obscene performances.”
A House floor amendment, which moved largely along party lines, also added a method of enforcement by allowing people to sue Indiana entities for alleged incidents.
“Language shapes the way we understand and confront these issues and the term child pornography is not only inaccurate, it minimizes the horror of the crimes committed. Pornography implies a level of consent and children cannot consent,” said House sponsor Rep. Andrew Ireland. “… we’re taking an important step to save our Hoosier children.”
The Indianapolis Republican said the language regarding obscene performances would ensure “that public funds are never used to support the exploitation of children.”
Defining something as obscene has to meet a high bar, known as the “Miller Test.” That work must be based on an average person’s reaction and consider the entire work, not just an isolated portion.
But critics maintained that such performances aren’t happening, noting there are already penalties regardless of someone’s government affiliation.
“More and more this General Assembly is taking itself to an alternate reality where it legislates against problems that don’t exist,” said Rep. Matt Pierce, D-Bloomington. “We create a strawman and then we knock it down and ‘Look at us! We really solved that problem!’
“The problem never existed. But it appeals to somebody out there, so we do it now.”
Further discussion
Ireland didn’t cite specific instances of obscene performances using taxpayer dollars on Monday nor in his testimony last week when he introduced the penalty language.
It also doesn’t limit such legal action to only Indiana residents, meaning that, according to Pierce, “any person in the universe can sue your local government when they’re offended by somebody and try to make an argument that it’s obscene.”
Pierce was one of the committee members to advance the bill, noting the high bar to meet the state’s obscenity standard, which he dubbed a “barnacle” on the House floor last week. In addition to the Miller test, a litigant would generally need to prove they have been harmed by obscene performances — a barrier meant to tamp down on frivolous lawsuits.
But Pierce said the language eviscerates that and says “we don’t care if they’re harmed or not. We don’t care if they have a direct injury.”
Municipalities may still need to spend their dollars defending themselves from such accusations, which could include plays, poetry and drag shows.
“Keep in mind, anybody involved in this supposed obscene performance that local government might be funding can already be arrested and imprisoned under our current (law),” Pierce continued. “I would think the fear of going to prison would keep local officials from going into the smut-peddling business.”
Ireland agreed with Pierce that such obscene performances “have never occurred and I hope never occur … in part, thanks to this bill.”
“This is nothing new under the sun,” concluded Ireland.
The final vote tally split both parties, though only Ireland and Pierce spoke on the measure. It now goes to the Senate, which must vote to accept or reject the House amendments before the bill can advance.
INDIANAPOLIS (WISH) — Indiana State Police have arrested a man in connection with two attacks, including one deadly, near Monument Circle in downtown Indianapolis earlier this month.
29-year-old Michael Willis is facing two counts of attempted murder. Police say that the attacks happened on June 19 and June 26, both happening on N Senate Ave. near Monument Circle.
According to a probable cause affidavit obtained by News 8, on June 19, Willis was walking in the area near Monument Circle around 2 a.m. when he approached a person laying down and repeatedly stomped on them. Police say that this first victim was transported to the hospital in critical condition.
The first victim died on Sunday due to their injuries sustained from Willis’s attack, documents say.
Police also say that on June 26, Willis attacked a different person at the same location near Monument Circle. Police believe that the second victim was repeatedly kicked and stomped on while they were lying down as well. This second attack also took place around 2 a.m.
Indiana State Police detectives shared surveillance photos of Willis from the attacks with other police agencies in an attempt to identify him. Police say Willis was identified by a Greensborough Police Sergeant after Willis had asked the sergeant to use his cell phone.
Police then approached Willis and detained him. Police say that when Willis was detained, he was wearing the same clothes that were seen in the surveillance footage of both attacks. Officers also noticed blood on Willis’s socks.
In an interview with detectives about the July 26 attack, Willis at first said that he was only “nudging” the victim. Police say that according to Willis, he was trying to wake the victim up because he was concerned about them.
Later in the interview, Willis admitted to attacking both victims. Willis said that he was frustrated that he had been homeless and unemployed for around the past 6 months. According to police, Willis also said that the people in the area were “mean and rude” to him.
Police say that Willis told detectives that he was the only person involved in these attacks.
Willis is currently in custody of the Marion County Jail.
INDIANAPOLIS — Indiana is under a heat advisory with temperatures in the 90s throughout the week.
Many cooling centers will open throughout the state for those that need to find relief from the heat. Hoosiers looking to find cooling centers in their area can contact Indiana 211. To learn more, call 211 or (866) 211-9966.
Avaliable cooling centers can also be found by clicking here.
Marion County
For those living in Indianapolis, Indy Parks has several cooling centers across the city.
Those Cooling Centers are:
- Broad Ripple Park Family Center
- Brookside Park Family Center
- Christian Park Family Center
- Frederick Douglass Park Family Center
- Garfield Park Burrello Family Center
- Krannert Park Family Center
- Grassy Creek Environmental Education Center
- Pride Park Family Center
- Rhodius Park Family Center
- Riverside Park Family Center
- Stanley Strader Park Family Center
- Washington Park Family Center
- Windsor Park Family Center
- Watkins Park Family Center
- Thatcher Park Family Center
For addresses and hours of operations of these cooling centers, click here.
Beech Grove will also have two cooling Centers for residents starting Monday, June 29. Those hours and locations are:
- Beech Grove Senior Center, 602 Main St
- 8 a.m. – 4 p.m., Monday through Friday
- Hornet Park Community Center, 5245 Hornet Ave
- 8 a.m. – 6 p.m., Monday through Friday
Other Central Indiana Cooling Centers
For addresses and hour of operations of cooling centers below, click here.
Marion
- St. Martin Community Center
- Grant County Family YMCA
- Grant County Rescue Mission
Kokomo
- The Kokomo Rescue Mission
- The Excel Center in Kokomo
Peru
- Community Resource Center
- Miami County Courthouse
- Miami County Health Department
- Miami County YMCA
- Peru City Hall
- Peru Public Library
- Peru Schools Administration Building
INDIANAPOLIS (WRTV) — The National Weather Service out of Indianapolis has issued a Heat Advisory for all of Central Indiana and a High Heat Warning for parts of northern Indiana. The Advisory and Warning will go into effect at 12 PM on Monday and will run through 8 PM Thursday.
WRTV
A Heat Advisory means that temperatures in the 90s with dew points in the 70s, will lead to Heat Index values reaching 106. Hot temperatures and high humidity may cause heat illnesses.
Stay cool:
Drink plenty of fluids, check up on relatives and neighbors, and stay in an air-conditioned room when possible. If outside for extended periods of time, make sure to take frequent breaks in the shade as much as you can.
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