Got trench warfare if they want it.

However long this bizarre intrusion persists, and however far it goes, let's be perfectly clear about the fundamental issue.

The Floyd County Health Department continues to claim control where it lacks statutory justification for control, and in the absence of statutory justification, it proposes that we accept arbitrary interpretations of enabling language as sufficient justification. Tom and Julia suggest we ignore 70+ years of practice, and move the goalposts without an actual law to allow it.

In essence, one regulatory body in one Indiana county out of 92 says it may rewrite the rule book as it pleases. Such arrogance remains a usurpation without precedent, and it must be contested, because arbitrary whims cannot be permitted to stand. If one power grab is permitted to stand, what will be the next?

Yesterday's appeals board decision (below) is a contradictory mish-mash (how's "no fees/no refunds" make any sense at all?), and only two points of the five are relevant:

1. Permits are still needed.
4. Inspections are not suspended.

Well, they board is made up of medical professionals, not legal scholars, and I regard the board's decision as well-intentioned (as opposed to the frighteningly disingenuous condescension of staff), but there can be no taking our eyes off the ball: Control, where control is misplaced, must be challenged.

And challenge it we will.

Trust me: It isn't the way I'd prefer to spend our tome or our money, but one local health department out of 92 simply does not have a monopoly on principle, irrespective of its "public health and safety" mantra. Whatever the next appeals step is, we'll be exercising it. I'll keep readers informed insofar as I'm able, and we appreciate the non-partisan support we've received to date.

Floyd County Health Department Hearing Appeals Board

The Hearing Board, after hearing the testimony of witnesses and arguments of the attorneys, hereby finds and orders as follows:

The board feels that alcohol investigations as a food product, falls under the purview of the board of health and safety of people.

The board feels that the ATC applies to alcohol sales but not to safety products of vendors.

1. Permits are still needed.
2. Void the citation.
3. Suspend fees until further notice. Collection of fees from alcohol-only vendors will be suspended.
4. Inspections are not suspended.
5. No refund of fees.

Signatures:

Vice President, Jan Craig, RN

Hearing Member, Cindy Andres, RN