Showing posts with label PourGate. Show all posts
Showing posts with label PourGate. Show all posts

Wednesday, December 02, 2020

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013): "Kneel and Kiss My Ring, You Degraded Alcoholic."


Last evening (1 December 2020) two of three Floyd County Commissioners declined to certify another four-year term for Dr. Thomas Harris as county health officer. 

John Boyle has the story at 89.3 WFPL, noting "none of the three commissioners, all Republicans, discussed the matter before the vote, and all have been vague about their reasoning to move away from Harris, the county’s top health official."

Speaking for myself, I've no complaints about Dr. Harris's handling of pandemic-related. He may have done too little, but that's a result of the right wing's hold on state government; doing anything at all in a proactive sense during a public health emergency automatically placed Harris far above every other county and city official of either major political party in this miserably reactionary vicinity.


Yet again, a complete lack of transparency and openness on the part of local elected officials means we must read tea leaves as to the whys and wherefores, but there is one scenario that might rationally explain the tight lips of the commissioners, and this is the expectation of a lawsuit (or multiple lawsuits) against the county pertaining to the workplace environment at the health department. 

This has been a persistent rumor for a long time, and allow me to stress that while there is no proof, such an eventuality would justify the prevailing reticence. As a caveat, let it be understood that none of this is to be construed as criticism of the front line health department workers. The shop floor is working hard. As oft times before, we speak here of upper management's inadequacies, and the buck stops with Dr. Harris.

Recalling the dominance of the Republican Party in Floyd County government, as opposed to Democratic Party control of the city of New Albany, the Green Mouse asked around and was told in essence that behind-the-scenes factions have been applying pressure for Dr. Harris' removal. 

At the risk of oversimplification, these factions comprise a center-moderate wing (yes, it does exist) with at least one candidate in mind, and the lunatic fringe of pandemic-denying Trumpist idolatry (you KNOW they exist). The position of the commissioners seems to be that whomever is inserted into the job by the health department's board will pay sufficient heed to COVID automatically, as if by magic, leaving them to juggle factions and tend to their own warring power elites.    
So it goes, and here we are. I've expressed support for Dr. Harris, and see no reason to backtrack, but now it's moot. More than one reader expressed shock and amazement with regard to my advocacy of Dr. Harris amid this politics-first kerfuffle, no doubt recalling PourGate, the Great Beer Pour War of 2013, when he tried to grab authority that wasn't his for the taking, and was rebuffed at every level of state government, rightfully so. 

Let's revisit.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's entirely incorrect. They persisted and a two-year-long struggle commenced. For a complete compendium of NAC links telling the excruciating story of PourGate, go here:

May 20, 2015: PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

It's all plague under the pustules now, but don't be surprised if this inscription appears on my tombstone: "He Helped Vanquish the Health Fascists in the Great Beer Pour War, Then Died Anyway, Just Like Everyone Else."

To connect PourGate with the current situation, especially the recurring gossip about Dr. Harris' management style, here's a reprint of what remains the single most read "guest column" in the blog's history (August 1, 2013). Say what you will about my reputation for stridency, but the fact is that I can have a conversation with just about anyone on any side of this or the other divide. 

Except Dr. Harris. Insert "shrugging" emoji here.

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ON THE AVENUES:  "Kneel and Kiss My Ring, You Degraded Alcoholic."

A weekly column by Roger A. Baylor. Today's guest columnist is Dr. Thomas Harris.

In the interest of fairness, I've invited Dr. Tom Harris, much decorated generalissimo of the Floyd County Health Department, to write this guest column offering his side of the recent unpleasantness. Looking at the whole situation dispassionately, Dr. Harris and I have quite a lot in common. Both of us were born, grew up, went to school, and received college degrees. I'm a professional in my field, as he is in his. In fact, it is to be imagined that we undulate, conjugate, ejaculate and defecate in similar ways, if not exactly the same -- unless, of course, he’s a space alien, and he is, and so the following is satire, pure and simple.

If you assume I’ll begin this essay by thanking a lowly brewer for affording a rebuttal to his serial insolence, think again.

One should never assume -- you'll make an ass out of yourself, certainly not me, because after all, I'm a doctor. The grandeur of my medical world view inevitably comes with the position, i.e., the rarefied territory of my critical role as guarantor of public health and safety.

The rest of you should just get the hell out of my way.

Let's get right down to brass tacks. Baylor, how dare you suggest that beer and brewing constitutes a “profession” in the same sense as a board-certified emergency medical pioneer like me. Every single day, our trained medical elites soothe suffering and save lives.

And you? You slouch at the tavern, sink into your cups, ruin your liver and foster bitterness toward those laudable over-achievers who possess my skill set and sheer dedication to public health and safety – whether the public understands any of it or not.

Because they seldom do, and mine is a tireless task, indeed.

It probably has escaped your notice, since not one of you care very much about public health and safety, not to mention your own disgusting standards of personal hygiene, but vast numbers of our fellow Americans are clueless sheep wallowing in a medieval squalor of bacteria. If not for the efforts of selfless heroes like me, you'd doubtless be bathing daily in your own raw sewage.

You really must see yourselves some time. Your filthy, germ-ridden body parts hang flabby and exposed from inadequate, scant clothing. You continue to smoke cigarettes even after we kicked you outside. You have sex before you’re married, refuse to use condoms, decline to exercise, and “dine” regularly on Big Gulps and Fritos. Any of you ever met a whole fried chicken, deep-fried Twinkie or fat-laden burger you wouldn’t stuff by the dozen into your gaping pie holes? I didn’t think so.

We try our best to ban all these substances that hurt you, but do you thank us? No, you just keep babbling about your right to determine your own destiny and live your own lives, as though we can tolerate free will when pathogens are everywhere. What have we become in America, a nation of philosophers?

And when it comes to the crux of the recent episodes, and why on earth we’d need anyone’s permission at all to regulate temporary beer pouring or any other activity deemed appropriate for saving you from yourselves, has it ever occurred to any of you that all of these dreadful materials you insist on ingesting are manufactured by food producers with an even lower opinion of you than me?

Furthermore, they have absolutely no respect for us as regulators and preservers of public health and safety. Every single one of those restaurants, lunch counters, taquerias, hot dog stands, food trucks, bistros and sushi joints bring in money hand over fist.

Do you think for one moment that local government funds the health department the way ordinary people throw money at some guy wrapping bacon around a cream puff? Not that local government has any money, because a lower tax burden is better for all of us, and the more golf you play, the more you know that if not for the GOP, we’d have even less funding for inspections. But we’re all white folks here, and I needn’t remind you of your obligations.

That’s what galls me about my own health department board being all namby pamby and saying Baylor doesn’t have to pay fees for his temporary permits.

When I said during the hearing that money doesn’t matter, what I meant was that I know far better how money matters and doesn’t matter than any of you cretins. As without doubt the leading element in society, we doctors are in the best position to make such judgments, and that’s why this whole shakedown started, anyway, because if New Albany’s mayor says it’s okay for ambulances to go to any hospital, and not be forced to use Floyd Memorial, then how’re we going to maintain the monopoly … er, I mean the monopoly on public health and safety, of course.

Why can’t you pathetic maladroit plebes grasp what I’m telling you? After me, it’s the deluge. You prattle on and on about answers, and how you’re entitled to the truth about the health department’s comprehensive program to control what goes down your gullets, so let me tell you something.

You can't handle the truth!

Baylor, we live in a world that has walls, and those walls have to be guarded by men with syringes. Who's gonna do it? You? Lee Cotner? I have a greater responsibility than you can possibly fathom. You weep for the ATC, and you curse the health care supermen. You have that luxury. You have the luxury of not knowing what I know -- that my random personal opinions about food safety, while unsupported by Indiana law or precedent, saves lives; and my existence, while grotesque and incomprehensible to you, saves lives.

You don't want the truth because deep down in places you don't talk about at beer parties, you want me on that wall -- you need me on that wall.

We use words like "honor," "that’ll be $20," and "superior intellect." We use these words as the backbone of a life spent defending something. You use them as a punch line.

I have neither the time nor the inclination to explain myself to a drunkard who rises and sleeps under the blanket of the very public health and safety that I provide and then questions the manner in which I provide it.

I would rather that you just said "thank you" and went on your way. Otherwise, I suggest you pick up some hand sanitizer and stand the post. Either way, I don't give a DAMN what you think you're entitled to!

I do the job I was chosen to … and you're god damn right I made it all up on a whim! Now, be a good little boy and obey your elders.

After all, there’s no pluralism in a foxhole, juvenile.

Sunday, May 12, 2019

Remembering the Great Beer Pour War of 2013: Bank Street Brewhouse, the Floyd County Health Department and the flight of the bureaucrats.


Last week's announcement by the New Albanian Brewing Company that Bank Street Brewhouse will close on May 25 (NABC's Pizzeria & Public House remains open, cooking and brewing) brought back many memories of BSB's ten-year run, like the time I fought the law and the law won -- but only temporarily.

In the following post from May 20, 2015 the whole story is told and a compendium of links provided. My personal favorite is this, the most-read "guest column" in the blog's (almost) 15-year history.

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013) and Dr. Tom's prescription: "Kneel and Kiss My Ring, You Degraded Alcoholic."


It probably has escaped your notice, since not one of you care very much about public health and safety, not to mention your own disgusting standards of personal hygiene, but vast numbers of our fellow Americans are clueless sheep wallowing in a medieval squalor of bacteria. If not for the efforts of selfless heroes like me, you'd doubtless be bathing daily in your own raw sewage.

You really must see yourselves some time. Your filthy, germ-ridden body parts hang flabby and exposed from inadequate, scant clothing. You continue to smoke cigarettes even after we kicked you outside. You have sex before you’re married, refuse to use condoms, decline to exercise, and “dine” regularly on Big Gulps and Fritos. Any of you ever met a whole fried chicken, deep-fried Twinkie or fat-laden burger you wouldn’t stuff by the dozen into your gaping pie holes? I didn’t think so.

We try our best to ban all these substances that hurt you, but do you thank us? No, you just keep babbling about your right to determine your own destiny and live your own lives, as though we can tolerate free will when pathogens are everywhere. What have we become in America, a nation of philosophers?

I was one-third owner of Bank Street Brewhouse from incorporation in 2008 until my NABC buyout was finalized in February, 2018. In all that time, I received one paycheck for BSB. The buyout wasn't worth much more. But that's just fine, because beating The Man was worth every lost penny.

Things like that are what I live for.

It feels wonderful to have played a small role in checking the health department's 2013 over-reach and clarifying the state law to prevent other entities from launching similar shenanigans about licensing. Not only that, but our subsequent (albeit smaller) hassle with the Alcohol & Tobacco Commission's rules about the availability of food led to statutory adjustments as to what Indiana brewery taprooms can do to ease the weight of compliance with an obviously outdated standard.

If you're managing a brewery taproom and no longer are compelled to keep frozen weenies in a dorm fridge next to the microwave ... you're welcome.

State representative Ed Clere did the heavy lifting in both cases, and I'm grateful to him for this -- and to Lee and Bob for their efforts during PourGate.

In terms of writing, I think my coverage of PourGate is worthy of inclusion in NA Confidential's Greatest Hits. Kick back, pour a stiff one and don't forget the good times we had at Bank Street Brewhouse.

---

PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

As it began.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's incorrect.

They persisted, and a two-year-long struggle commenced.

An Indiana Public Access Request was filed, and the Dr. Tom Harris and the FCHD's attorney laughed it off. NABC filed an appeal, based on a previous Indiana appeals court ruling (Ft. Wayne v Kotsopoulus; thanks, Bob) and the FCHD's board slightly moderated the department's error, but did not correct it.

The FCHD then childishly slandered NABC with a web site photo equating Bank Street Brewhouse with e coli, and NABC filed a tort claim notice. An ultimately fruitless search for adults in county government began.

They blamed it on the webmaster.

By late 2013, the Indiana Attorney General's office had agreed with NABC's reference to the court ruling, and found the FCHD to have absolutely no basis for its claim that a temporary food service permit was needed to pour beer.

The FCHD overtly and publicly stated that it would ignore this directive.


Throughout 2014, NABC and other vendors adhered to the FCHD's improvised 2013 requirement, which although amended, remained utterly baseless and without statutory authority.

Now a new summer vending season is beginning in 2015, and there is a new development.

On July 1, 2015, when a "beer bill" authored by Rep. Ed Clere officially becomes state law, it will be demonstrated for a third (and we trust final) time that the FCHD and its head, Dr. Tom Harris, were mistaken all along.

The new law is clear and explicit, as based on the two preceding legal precedents, both hitherto ignored by the FCHD.

All thanks to Ed Clere.

His hard work in compelling local government functionaries to obey their own laws will not be forgotten, especially by me.

If we lived in a culture of accountability, Dr. Tom Harris would be cashiered on July 1, 2015, when the new law takes effect. For two years, Harris and his department have made a mockery of Indiana state law and the principle of due process. For what purpose?

Following is the text of the new law. After that, there is a (maybe) complete compendium of NAC links telling the story of PourGate.

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“HOUSE ENROLLED ACT No. 1311, AN ACT to amend the Indiana Code concerning alcohol and tobacco.”

SECTION 6. IC 16-42-5-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]:

Sec. 30.

(a) As used in this section, "permit holder" means the holder of:

(1) a farm winery permit under IC 7.1-3-12-5; or
(2) a brewer's permit under IC 7.1-3-2-7(5).

(b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments, if the following requirements are met:

(1) The holder of a farm winery permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Wine samples.
(B) Wine by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the wine after the wine is poured from its original container.

(2) The holder of a brewer's permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Beer samples.
(B) Beer by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the beer after the beer is poured from its original container.

(c) A local unit of government (as defined in IC 14-22-31.5-1) may not require any licensure, registration, or certification of a permit holder as a condition of providing alcoholic beverages at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, if the permit holder meets the requirements of this section.

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Following is as complete a compendium of links as could be mustered in an hour and a half without Roger losing his mind. I should be awarded a effing Pulitzer Prize for this. They appear in reverse chronological order.

2014

October 9, 2014: Not only that, but I even washed my hands before pressing "send."

October 6, 2014: A message to Harvest Homecoming food vendors about temporary food (and beer) service fees.

June 2, 2014: Is Hot Water More Effective than Cold for Washing Tom Harris Right Out of My Hair?

May 27, 2014: A fresh round of bald-faced lies from the Floyd County Health Department's resident Red Shirts.

April 9, 2014: Rick Fox speaks the prettiest public access language I've ever heard. Is that Mark Seabrook I hear chortling?

February 28, 2014: The Floyd County Health Department admits to being mistaken ... in only one instance, but hey, it's a start.

FALL AND WINTER 2013

December 28, 2013: In which the Floyd County Health Department ignores the Attorney General of the state of Indiana.

December 21, 2013: N and T: "State: Floyd County Health Department shouldn’t require permit."

December 11, 2013: Complete text: “Floyd County/ New Albany ordinance issue in violation of IC 7.1-3-9-2, 7.1-3-9-6″

December 10, 2013: Banner headline Tuesday, Part One: In the matter of PourGate, total and unequivocal defeat for the Floyd County Health Department.

November 16, 2013: Your PourGate update for Saturday, November 16: A waiting game.

September 7, 2013: Yo, Floyd County Health Department, your invoice is ready. Cash only, please. I'm not sure I trust your checks.

September 4, 2013: In which we learn percentages: "That minus is too low to see."

September 3, 2013: Your PourGate update for Tuesday, September 3, and a letter to the editor.

AUGUST 2013

August 27, 2013: Your PourGate update for Tuesday, August 27.

August 24, 2013: My second favorite News and Tribune reader comment yet.

August 21, 2013: Any adults in county government surface yet?

August 20, 2013: Your PourGate update for Tuesday, August 20.

August 19, 2013: My favorite News and Tribune reader comment yet.

August 17, 2013: N and T: "JEERS ... to the Floyd County Health Department ... "

August 17, 2013: These machines kill fascists, pathogens and bureaucrats.

August 16, 2013: When pressed by Eater Louisville and N and T, FCHD unable to get its story straight.

August 15, 2013: ON THE AVENUES: When the whip comes down.

August 15, 2013: Solid News and Tribune story places spotlight on the Health Department's chronic disingenuousness.

August 14, 2013: Citizen to FCHD: "I will not stand for our public officials and public departments to promote ... public bullying.

August 14, 2013: Your Wednesday PourGate Update: Health department spins the web site wheel twice on Tuesday.


August 14, 2013: GAW News: "Pride of the Dipshits (UPDATE) Floyd County Health Department."

August 13, 2013: Now the Floyd County Health Department is working to keep food safe from Roger -- not E coli.

August 13, 2013: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

August 13, 2013: A cease and desist, a tort claim notice, and Dr. Tom at large.

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "This malicious activity has caused, and continues to cause, financial harm to the claimants’ businesses and corresponding reputations."

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "Cease and desist."

August 12, 2013: At Eater Louisville: "Floyd County Health Department Uses Bank Street Brewhouse to set 'Foodborne Diseases' Photo Shoot."

August 8, 2013: ON THE AVENUES: The fruitless search for adults in county government.

August 7, 2013: Midweek PourGate update: What's up with the Health Department these days?

August 3, 2013: Hegemony in action.

August 2, 2013: Local citizen journalist views health department's web site retaliation and expresses revulsion.

August 2, 2013: Equal protection from health department bureaucrats? Just give that wheel a heave.

August 1, 2013: ON THE AVENUES: "Kneel and Kiss My Ring, You Degraded Alcoholic."

JULY 2013

July 31, 2013: Got trench warfare if they want it.

July 30, 2013: Clear as mud: Floyd County Health Dept. Hearing Appeals Board has many feelings, but not very much law.

July 30, 2013: Dr. Tom plays his Goebbels card. Can Neidermeyer be far behind?

July 29, 2013: Guest column: "The Health Department's Pussy Riot."

July 28, 2013: In the search for Instigator Zero, expect papers to be shredded.

July 26, 2013: NABC before the FCHD Board 4: Late breaking news.

July 26, 2013: ON THE AVENUES: NABC before the FCHD Board 3.

July 26, 2013: NABC before the FCHD Board 2: NABC's case.

July 26, 2013: NABC before the FCHD Board 1: The health department’s case.

July 25, 2013: These magic moments: Health department board, 5:30 p.m., today.

July 24, 2013: Let's see if a formal complaint will do the trick.

July 24, 2013: The hearing is tomorrow, but the Floyd County Health Department is stonewalling about its public access obligations.

July 23, 2013: Dressing up for a date with the Health Department board.

July 18, 2013: ON THE AVENUES: Sunscreen, lube, and Dr. Tom's cabin.

July 1, 2013: Where bureaucrats are bureaucrats ... and yeast are scared.

July 1, 2013: Tuneless zombie bureaucrats? These and more pesky facts at Louisville Beer Dot Com.

JUNE 2013

June 29, 2013: Democrats address "controversy" over Health Department's actions.

June 29, 2013: BicenPk concert of Jun 28: Let's just Occupy the Health Department.

June 28, 2013: Concert tonight, but the PourGate saga continues as we prepare to vend Progressive Pints under protest.

June 28, 2013: I'm a voyeur. I was there to watch the show, not instigate it.

June 27, 2013: My note to the Indiana Public Access Counselor, informing the office of my request of the Floyd County Health Department.

June 26, 2013: Health Department refers public access request to same attorney who advises commissioners -- making a full circle.

June 26, 2013: "In an effort to facilitate seemingly scant communication," my e-mail to Dr. Harris.

June 25, 2013: Isn't this an indictment of our entire American society?

June 24, 2013: Updating the Floyd County Health Department's "Beer Pour War" of 2013.

June 22, 2013: Roger has issued a Indiana Public Access request to the Floyd County Health Department.

June 22, 2013: Bureaucrats, potato chips and the need for a city health department.

June 21, 2013: Jeeebus, what a week. Here's a review.

June 20, 2013: On the song and dance routine of Dr. Tom Harris.

June 20, 2013: ON THE AVENUES: The long train of usurpations adds a caboose.

June 20, 2013: Health Department's revenue enhancement + Develop New Albany's event calendar = ?

June 19, 2013: No parking lot for bicycles.

June 19, 2013: Preview: NABC's appeal to the Floyd County Health Department.

June 18, 2013: Sentenced to county septic inspections?

June 18, 2013: No Tricentennial for DNA in wartime, unfortunately.

June 17, 2013: Food handling, panhandling and regulatory free-basing.

June 16, 2013: Another day, another Floyd County Health Department power grab.

Thursday, August 24, 2017

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013) and Dr. Tom's prescription: "Kneel and Kiss My Ring, You Degraded Alcoholic."

ON THE AVENUES: PourGate (the Great Beer Pour War of 2013) and Dr. Tom's prescription: "Kneel and Kiss My Ring, You Degraded Alcoholic."

A weekly column by Roger A. Baylor.

Loyal readers, it's been four long years since PourGate, the Great Beer Pour War of 2013.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's incorrect.

They persisted, and a two-year-long struggle commenced. Spoiler: they lost. For a complete compendium of NAC links telling the story of PourGate, go here:

May 20, 2015: PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

It's all plague under the pustules now, but don't be surprised if this inscription appears on my tombstone: "He Helped Vanquish the Health Fascists in the Great Beer Pour War, Then Died Anyway Just Like Everyone Else."

To mark the occasion, here's a reprint of the single most read "guest column" in the blog's history (August 1, 2013).

---

ON THE AVENUES:  "Kneel and Kiss My Ring, You Degraded Alcoholic."

A weekly column by Roger A. Baylor. Today's guest columnist is Dr. Thomas Harris.

In the interest of fairness, I've invited Dr. Tom Harris, much decorated generalissimo of the Floyd County Health Department, to write this guest column offering his side of the recent unpleasantness. Looking at the whole situation dispassionately, Dr. Harris and I have quite a lot in common. Both of us were born, grew up, went to school, and received college degrees. I'm a professional in my field, as he is in his. In fact, it is to be imagined that we undulate, conjugate, ejaculate and defecate in similar ways, if not exactly the same -- unless, of course, he’s a space alien, and he is, and so the following is satire, pure and simple.

If you assume I’ll begin this essay by thanking a lowly brewer for affording a rebuttal to his serial insolence, think again.

One should never assume -- you'll make an ass out of yourself, certainly not me, because after all, I'm a doctor. The grandeur of my medical world view inevitably comes with the position, i.e., the rarefied territory of my critical role as guarantor of public health and safety.

The rest of you should just get the hell out of my way.

Let's get right down to brass tacks. Baylor, how dare you suggest that beer and brewing constitutes a “profession” in the same sense as a board-certified emergency medical pioneer like me. Every single day, our trained medical elites soothe suffering and save lives.

And you? You slouch at the tavern, sink into your cups, ruin your liver and foster bitterness toward those laudable over-achievers who possess my skill set and sheer dedication to public health and safety – whether the public understands any of it or not.

Because they seldom do, and mine is a tireless task, indeed.

It probably has escaped your notice, since not one of you care very much about public health and safety, not to mention your own disgusting standards of personal hygiene, but vast numbers of our fellow Americans are clueless sheep wallowing in a medieval squalor of bacteria. If not for the efforts of selfless heroes like me, you'd doubtless be bathing daily in your own raw sewage.

You really must see yourselves some time. Your filthy, germ-ridden body parts hang flabby and exposed from inadequate, scant clothing. You continue to smoke cigarettes even after we kicked you outside. You have sex before you’re married, refuse to use condoms, decline to exercise, and “dine” regularly on Big Gulps and Fritos. Any of you ever met a whole fried chicken, deep-fried Twinkie or fat-laden burger you wouldn’t stuff by the dozen into your gaping pie holes? I didn’t think so.

We try our best to ban all these substances that hurt you, but do you thank us? No, you just keep babbling about your right to determine your own destiny and live your own lives, as though we can tolerate free will when pathogens are everywhere. What have we become in America, a nation of philosophers?

And when it comes to the crux of the recent episodes, and why on earth we’d need anyone’s permission at all to regulate temporary beer pouring or any other activity deemed appropriate for saving you from yourselves, has it ever occurred to any of you that all of these dreadful materials you insist on ingesting are manufactured by food producers with an even lower opinion of you than me?

Furthermore, they have absolutely no respect for us as regulators and preservers of public health and safety. Every single one of those restaurants, lunch counters, taquerias, hot dog stands, food trucks, bistros and sushi joints bring in money hand over fist.

Do you think for one moment that local government funds the health department the way ordinary people throw money at some guy wrapping bacon around a cream puff? Not that local government has any money, because a lower tax burden is better for all of us, and the more golf you play, the more you know that if not for the GOP, we’d have even less funding for inspections. But we’re all white folks here, and I needn’t remind you of your obligations.

That’s what galls me about my own health department board being all namby pamby and saying Baylor doesn’t have to pay fees for his temporary permits.

When I said during the hearing that money doesn’t matter, what I meant was that I know far better how money matters and doesn’t matter than any of you cretins. As without doubt the leading element in society, we doctors are in the best position to make such judgments, and that’s why this whole shakedown started, anyway, because if New Albany’s mayor says it’s okay for ambulances to go to any hospital, and not be forced to use Floyd Memorial, then how’re we going to maintain the monopoly … er, I mean the monopoly on public health and safety, of course.

Why can’t you pathetic maladroit plebes grasp what I’m telling you? After me, it’s the deluge. You prattle on and on about answers, and how you’re entitled to the truth about the health department’s comprehensive program to control what goes down your gullets, so let me tell you something.

You can't handle the truth!

Baylor, we live in a world that has walls, and those walls have to be guarded by men with syringes. Who's gonna do it? You? Lee Cotner? I have a greater responsibility than you can possibly fathom. You weep for the ATC, and you curse the health care supermen. You have that luxury. You have the luxury of not knowing what I know -- that my random personal opinions about food safety, while unsupported by Indiana law or precedent, saves lives; and my existence, while grotesque and incomprehensible to you, saves lives.

You don't want the truth because deep down in places you don't talk about at beer parties, you want me on that wall -- you need me on that wall.

We use words like "honor," "that’ll be $20," and "superior intellect." We use these words as the backbone of a life spent defending something. You use them as a punch line.

I have neither the time nor the inclination to explain myself to a drunkard who rises and sleeps under the blanket of the very public health and safety that I provide and then questions the manner in which I provide it.

I would rather that you just said "thank you" and went on your way. Otherwise, I suggest you pick up some hand sanitizer and stand the post. Either way, I don't give a DAMN what you think you're entitled to!

I do the job I was chosen to … and you're god damn right I made it all up on a whim! Now, be a good little boy and obey your elders.

After all, there’s no pluralism in a foxhole, juvenile.

---

Recent columns:

August 17: ON THE AVENUES: Love in the time of choleric Coffey, though it's nice of Deaf Gahan to support the K of C's political agenda.

August 10: ON THE AVENUES: Super Tuesday shrapnel – or, tiptoeing through the tulips with Dan Coffey, now THE face of historic preservation in New Albany.

August 3: ON THE AVENUES: On the importance of being ancient.

July 27: ON THE AVENUES: Irish history with a musical chaser.

Wednesday, May 20, 2015

PourGate 2013: It took two years, but this new law silences Dr. Tom Harris and the Floyd County Health Department.

As it began.

On June 14, 2013, the New Albanian Brewing Company was peaceably vending beer at Bicentennial Park, by means of a supplemental catering permit issued by the company's governing agency, the Indiana Alcohol and Tobacco Commission.

The Floyd County Health Department arrived and said that NABC also needed a temporary food serving permit.

I said no, that's incorrect.

They persisted, and a two-year-long struggle commenced.

An Indiana Public Access Request was filed, and the Dr. Tom Harris and the FCHD's attorney laughed it off. NABC filed an appeal, based on a previous Indiana appeals court ruling (Ft. Wayne v Kotsopoulus; thanks, Bob) and the FCHD's board slightly moderated the department's error, but did not correct it.

The FCHD then childishly slandered NABC with a web site photo equating Bank Street Brewhouse with e coli, and NABC filed a tort claim notice. An ultimately fruitless search for adults in county government began.

They blamed it on the webmaster.

By late 2013, the Indiana Attorney General's office had agreed with NABC's reference to the court ruling, and found the FCHD to have absolutely no basis for its claim that a temporary food service permit was needed to pour beer.

The FCHD overtly and publicly stated that it would ignore this directive.


Throughout 2014, NABC and other vendors adhered to the FCHD's improvised 2013 requirement, which although amended, remained utterly baseless and without statutory authority.

Now a new summer vending season is beginning in 2015, and there is a new development.

On July 1, 2015, when a "beer bill" authored by Rep. Ed Clere officially becomes state law, it will be demonstrated for a third (and we trust final) time that the FCHD and its head, Dr. Tom Harris, were mistaken all along.

The new law is clear and explicit, as based on the two preceding legal precedents, both hitherto ignored by the FCHD.

All thanks to Ed Clere.

His hard work in compelling local government functionaries to obey their own laws will not be forgotten, especially by me.

If we lived in a culture of accountability, Dr. Tom Harris would be cashiered on July 1, 2015, when the new law takes effect. For two years, Harris and his department have made a mockery of Indiana state law and the principle of due process.

For what purpose, Mark Seabrook?

Following is the text of the new law. After that, there is a (maybe) complete compendium of NAC links telling the story of PourGate.

---

“HOUSE ENROLLED ACT No. 1311, AN ACT to amend the Indiana Code concerning alcohol and tobacco.”

SECTION 6. IC 16-42-5-30 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]:

Sec. 30.

(a) As used in this section, "permit holder" means the holder of:

(1) a farm winery permit under IC 7.1-3-12-5; or
(2) a brewer's permit under IC 7.1-3-2-7(5).

(b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments, if the following requirements are met:

(1) The holder of a farm winery permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Wine samples.
(B) Wine by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the wine after the wine is poured from its original container.

(2) The holder of a brewer's permit furnishes only the following for consumption on the premises, regardless of whether there is a charge:

(A) Beer samples.
(B) Beer by the glass.

The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the beer after the beer is poured from its original container.

(c) A local unit of government (as defined in IC 14-22-31.5-1) may not require any licensure, registration, or certification of a permit holder as a condition of providing alcoholic beverages at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, if the permit holder meets the requirements of this section.

---

Following is as complete a compendium of links as could be mustered in an hour and a half without Roger losing his mind. I should be awarded a effing Pulitzer Prize for this. They appear in reverse chronological order.

2014

October 9, 2014: Not only that, but I even washed my hands before pressing "send."

October 6, 2014: A message to Harvest Homecoming food vendors about temporary food (and beer) service fees.

June 2, 2014: Is Hot Water More Effective than Cold for Washing Tom Harris Right Out of My Hair?

May 27, 2014: A fresh round of bald-faced lies from the Floyd County Health Department's resident Red Shirts.

April 9, 2014: Rick Fox speaks the prettiest public access language I've ever heard. Is that Mark Seabrook I hear chortling?

February 28, 2014: The Floyd County Health Department admits to being mistaken ... in only one instance, but hey, it's a start.

FALL AND WINTER 2013

December 28, 2013: In which the Floyd County Health Department ignores the Attorney General of the state of Indiana.

December 21, 2013: N and T: "State: Floyd County Health Department shouldn’t require permit."

December 11, 2013: Complete text: “Floyd County/ New Albany ordinance issue in violation of IC 7.1-3-9-2, 7.1-3-9-6″

December 10, 2013: Banner headline Tuesday, Part One: In the matter of PourGate, total and unequivocal defeat for the Floyd County Health Department.

November 16, 2013: Your PourGate update for Saturday, November 16: A waiting game.

September 7, 2013: Yo, Floyd County Health Department, your invoice is ready. Cash only, please. I'm not sure I trust your checks.

September 4, 2013: In which we learn percentages: "That minus is too low to see."

September 3, 2013: Your PourGate update for Tuesday, September 3, and a letter to the editor.

AUGUST 2013

August 27, 2013: Your PourGate update for Tuesday, August 27.

August 24, 2013: My second favorite News and Tribune reader comment yet.

August 21, 2013: Any adults in county government surface yet?

August 20, 2013: Your PourGate update for Tuesday, August 20.

August 19, 2013: My favorite News and Tribune reader comment yet.

August 17, 2013: N and T: "JEERS ... to the Floyd County Health Department ... "

August 17, 2013: These machines kill fascists, pathogens and bureaucrats.

August 16, 2013: When pressed by Eater Louisville and N and T, FCHD unable to get its story straight.

August 15, 2013: ON THE AVENUES: When the whip comes down.

August 15, 2013: Solid News and Tribune story places spotlight on the Health Department's chronic disingenuousness.

August 14, 2013: Citizen to FCHD: "I will not stand for our public officials and public departments to promote ... public bullying.

August 14, 2013: Your Wednesday PourGate Update: Health department spins the web site wheel twice on Tuesday.


August 14, 2013: GAW News: "Pride of the Dipshits (UPDATE) Floyd County Health Department."

August 13, 2013: Now the Floyd County Health Department is working to keep food safe from Roger -- not E coli.

August 13, 2013: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

August 13, 2013: A cease and desist, a tort claim notice, and Dr. Tom at large.

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "This malicious activity has caused, and continues to cause, financial harm to the claimants’ businesses and corresponding reputations."

August 13, 2013: NABC to Floyd County Commissioners, Health Department: "Cease and desist."

August 12, 2013: At Eater Louisville: "Floyd County Health Department Uses Bank Street Brewhouse to set 'Foodborne Diseases' Photo Shoot."

August 8, 2013: ON THE AVENUES: The fruitless search for adults in county government.

August 7, 2013: Midweek PourGate update: What's up with the Health Department these days?

August 3, 2013: Hegemony in action.

August 2, 2013: Local citizen journalist views health department's web site retaliation and expresses revulsion.

August 2, 2013: Equal protection from health department bureaucrats? Just give that wheel a heave.

August 1, 2013: ON THE AVENUES: "Kneel and Kiss My Ring, You Degraded Alcoholic."

JULY 2013

July 31, 2013: Got trench warfare if they want it.

July 30, 2013: Clear as mud: Floyd County Health Dept. Hearing Appeals Board has many feelings, but not very much law.

July 30, 2013: Dr. Tom plays his Goebbels card. Can Neidermeyer be far behind?

July 29, 2013: Guest column: "The Health Department's Pussy Riot."

July 28, 2013: In the search for Instigator Zero, expect papers to be shredded.

July 26, 2013: NABC before the FCHD Board 4: Late breaking news.

July 26, 2013: ON THE AVENUES: NABC before the FCHD Board 3.

July 26, 2013: NABC before the FCHD Board 2: NABC's case.

July 26, 2013: NABC before the FCHD Board 1: The health department’s case.

July 25, 2013: These magic moments: Health department board, 5:30 p.m., today.

July 24, 2013: Let's see if a formal complaint will do the trick.

July 24, 2013: The hearing is tomorrow, but the Floyd County Health Department is stonewalling about its public access obligations.

July 23, 2013: Dressing up for a date with the Health Department board.

July 18, 2013: ON THE AVENUES: Sunscreen, lube, and Dr. Tom's cabin.

July 1, 2013: Where bureaucrats are bureaucrats ... and yeast are scared.

July 1, 2013: Tuneless zombie bureaucrats? These and more pesky facts at Louisville Beer Dot Com.

JUNE 2013

June 29, 2013: Democrats address "controversy" over Health Department's actions.

June 29, 2013: BicenPk concert of Jun 28: Let's just Occupy the Health Department.

June 28, 2013: Concert tonight, but the PourGate saga continues as we prepare to vend Progressive Pints under protest.

June 28, 2013: I'm a voyeur. I was there to watch the show, not instigate it.

June 27, 2013: My note to the Indiana Public Access Counselor, informing the office of my request of the Floyd County Health Department.

June 26, 2013: Health Department refers public access request to same attorney who advises commissioners -- making a full circle.

June 26, 2013: "In an effort to facilitate seemingly scant communication," my e-mail to Dr. Harris.

June 25, 2013: Isn't this an indictment of our entire American society?

June 24, 2013: Updating the Floyd County Health Department's "Beer Pour War" of 2013.

June 22, 2013: Roger has issued a Indiana Public Access request to the Floyd County Health Department.

June 22, 2013: Bureaucrats, potato chips and the need for a city health department.

June 21, 2013: Jeeebus, what a week. Here's a review.

June 20, 2013: On the song and dance routine of Dr. Tom Harris.

June 20, 2013: ON THE AVENUES: The long train of usurpations adds a caboose.

June 20, 2013: Health Department's revenue enhancement + Develop New Albany's event calendar = ?

June 19, 2013: No parking lot for bicycles.

June 19, 2013: Preview: NABC's appeal to the Floyd County Health Department.

June 18, 2013: Sentenced to county septic inspections?

June 18, 2013: No Tricentennial for DNA in wartime, unfortunately.

June 17, 2013: Food handling, panhandling and regulatory free-basing.

June 16, 2013: Another day, another Floyd County Health Department power grab.

Monday, October 06, 2014

A message to Harvest Homecoming food vendors about temporary food (and beer) service fees.


Harvest Homecoming food vendors, please take note.

You'll soon be paying the usual tax of $20 per day to legally sell food during New Albany's annual fest.

You should know that in 2013, the Floyd County Health Department gave its regulatory wheel a mighty heave and decided that beer qualifies as food, but when NABC took them to the mat, they Dr. Tom Harris mustered a feeble compromise in an effort to keep us quiet. Now they say beer is food, and beer pourers must get a temporary food serving permit -- but we beer pourers don't have to pay the $20 fee.

The rest of you?

You still do.

That's really dumb, isn't it?

If beer is food, isn't food also beer?

If so, exactly why are YOU still being compelled to pay for these temporary food permits when beer pourers are not required to fund the department's rampantly intrusive slush?

Really, shouldn't you ask the health department flunkies this very question when you go to the Taj Mahal of Health Fascism on Bono Road to pay for a permit, one that according to Dr. Tom at our hearing in July, 2013, isn't "about the money" at all?

If it isn't about the money, then why should any of us pay?

And, for anyone else contemplating a temporary beer event: If the fine for not having a temporary food serving permit is half the cost of the permit, and it there is no charge for the permit, then what's the fine? Think carefully, because after all, careful thinking puts you five steps ahead of the Floyd County Health Department.

Meanwhile, as I've indicated on several occasions, NABC is perfectly content to fight the ongoing Cold War with the health department, and do so for the foreseeable future. In late 2013, the Attorney General of the state of Indiana actually did agree with NABC on the matter of the health department's ineptitude in improperly usurping the Alcohol & Tobacco Commission's regulatory turf. The complete text can be viewed here, but since the local health department refuses to acknowledge the decision, we're still in the trenches

Kindly note that the other side of the coin -- the health department's juvenile on-line defamation, picture above -- still remains very much in play ... in 2014, as in 2013. It isn't going away any time soon, which is just fine with us ... because neither are we.

Too bad we had to close the restaurant.

Hmm, you don't think the health department's defamation had anything to do with it, do you?

Saturday, December 21, 2013

N and T: "State: Floyd County Health Department shouldn’t require permit."


Dr. Tom Harris has long since retreated from public comment on the topic of PourGate, but on August 1, we imagined his probable response: ON THE AVENUES: "Kneel and Kiss My Ring, You Degraded Alcoholic."

Baylor, we live in a world that has walls, and those walls have to be guarded by men with syringes. Who's gonna do it? You? Lee Cotner? I have a greater responsibility than you can possibly fathom. You weep for the ATC, and you curse the health care supermen. You have that luxury. You have the luxury of not knowing what I know -- that my random personal opinions about food safety, while unsupported by Indiana law or precedent, saves lives; and my existence, while grotesque and incomprehensible to you, saves lives.

Maybe so, big guy.

Now, about the way the Attorney General looks at it differently ...

State: Floyd County Health Department shouldn’t require permit, by Daniel Suddeath (N and T)

NEW ALBANY — The Floyd County Health Department incorrectly charged businesses for temporary food permits to sell beer at festivals and events, the Indiana Attorney General’s Office has concluded.

In June, the New Albanian Brewing Co. protested citations it was issued by the health department for not obtaining a temporary food permit before selling beer during concerts at New Albany Bicentennial Park.

Other vendors were also issued citations during the city’s summer concert series at Bicentennial Park, and four citations were handed out during a Develop New Albany event in June.

Floyd County Health Officer Dr. Tom Harris maintained the department had required the permits for some time, and that such inspections are necessary to ensure food and alcohol is safe for consumption.

However, NABC challenged the health department’s stance, as it claimed the business had served beer at dozens of events in New Albany over the years without having to obtain the temporary food permit.

NABC co-owner Roger Baylor said there are existing state regulations that cover beer and alcohol sales, and that the company had already obtained its small brewer’s permit, three-way riverfront permit and a supplemental catering permit.

Essentially NABC’s case was that the Alcohol and Tobacco Commission’s authority preempts local ordinances, and the attorney general’s office agreed after being asked for an advisory opinion by the ATC.

Tuesday, December 10, 2013

Banner headline Tuesday, Part One: In the matter of PourGate, total and unequivocal defeat for the Floyd County Health Department.


In June of 2013, overnight and without warning, the Floyd County Health Department decided that temporary food serving permits of the sort required of elephant ear vendors at Harvest Homecoming would henceforth be required of alcoholic beverage permittees dispensing beer at similar events. As justification, the health department pointed to the enabling ordinance, a form of which has been on both city and county books for decades, and most recently was updated by the city in 2008.

NABC strongly disagreed.

We pointed out that there was no legal precedent for such control, that no other health department in the state presumed to possess such authority, and that permits issued to us by the Indiana Alcohol & Tobacco Commission are the only ones we need to operate in a temporary fashion.

Furthermore, we backed up our case with an Indiana Court of Appeals ruling known as Fort Wayne v Kotsopolous, which was so clear that even a layman could grasp it. But the department's attorney didn't, and in spite of our efforts, an obviously befuddled health department board did not rule in favor of our appeal, instead offering a half-baked compromise involving ongoing regulation without fees.

It was a farce. We persisted.

In August, NABC took the case to the board of the Brewers of Indiana Guild, which agreed that the FCHD's position was improper. Legal wheels in Indianapolis promptly were set into motion, and the ATC asked the Indiana Attorney General's office for an advisory opinion. The opinion was issued roughly three weeks ago, and although we knew the outcome then, only now do we have the 2,100-word text of the opinion.

From top to bottom, the advisory opinion completely vindicates NABC's position as expressed on the very first evening in June, when the FCHD issued a citation to us for failure to possess a temporary food serving permit that we did not need to have. We were right, and the health department was wrong. Period.

The AG's advisory opinion is no mere technicality. It is a 360-degree slam dunk from the foul line, referencing the very same appeals court ruling presented to the health department's attorney at the board hearing in July. I'll publish the entirety of the text soon, after we've had a chance to review it and to decide what comes next.

For now, here is a key passage that makes it quite clear:

The regulation imposed by Floyd County for Temporary Food Service Permits is similar to the ordinance in Kotsopolous in that it is now the policy of the Floyd County health department to require all alcoholic beverage establishments to obtain this permit even if they have a three way permit with Type 222 privileges attached. This “lev[ies] a tax, fee or license requirement on alcohol sales,” which the court in Kotsopolus found to be invalid. Kotsopolus, 704 N.E.2d at 1072.

When NABSB participates in festivals they are participating in the sale and traffic of their product and the Floyd County ordinance imposes a restriction on those sales by not allowing NABSB to sell their product without first acquiring an additional permit at an additional cost. By regulating the sale of NABSB’s beer in this way, the Floyd County ordinance has interfered where the state has already regulated. Not only is this in violation of what is expressly stated in IC 7.1-3-8-2 and I. 7.1-3-9-6 regarding local regulation of alcohol and tobacco, but it also is a violation of the Home Rule Act.

Also, here is the conclusion:

The Temporary Food Permit ordinance enacted by Floyd County requiring a permit for businesses, such as the New Albanian Bank Street Brewery to participate in festivals, is not valid. The ordinance limits the ability of NABSB to sell its products at local festivals and interferes with the permission given by the state permits already held by NABSB for this activity. This is in direct conflict with IC 7.1-3-9-2 and IC 7.1-3-9-6 which restrict this type of local regulation of alcohol sales. In addition to this, the ordinance is in violation of the Home Rule Act which allows for localities to broadly regulate as long as those regulations do not directly interfere with a statute or agency action or if a statute is comprehensive enough that it preempts the local regulation.

What this means to me is that any way one chooses to look at it -- the enabling ordinance itself, and the health department's whimsical interpretation of it -- the requirement to possess a permit in addition to the ATC's is utterly groundless.

In short: What NABC said, all along.

It's one down, one to go. The matter of the defamatory photo shown below is not connected with the advisory opinion issued by the AG, although perhaps now the Floyd County commissioners at long last will start paying attention and exercising the oversight they've shirked thus far.

Given the AG's submission, these same commissioners may be well advised to look outside their bunker, and seek legal opinions elsewhere -- if you know what I mean.

Next:


Saturday, November 16, 2013

Your PourGate update for Saturday, November 16: A waiting game.


The issue has not gone away -- and thanks to readers who continue to express interest in the outcome.

NABC remains willing and able to hunker in the trenches and fight the ongoing Cold War with the Floyd County Health Department, and to do so for the foreseeable future.

We merely wait for the office of the Indiana Attorney General to reach what (to us) is the inevitable conclusion that only the Indiana Alcohol & Tobacco Commission has statutory control over temporary permits for pouring beer. The ATC and the AG have talked, but state wheels can turn slowly.

No matter; it's only a question of time. Since June 14, the issue primarily has been one of hidebound bureaucratic control, and secondarily, enhanced future revenues once the precedent of control has been accepted.

We do not accept the precedent, and we'll continue to fight the health department's ham-fisted aggression. Note that the other side of the coin -- the health department's juvenile on-line defamation (photo above) -- still remains very much in play. It isn't going away any time soon, which is just fine with us ... because neither are we.

Have you spotted any adults in county government lately, or perhaps forensic traces suggesting they once existed? If so, let us (and them) know about it.

Monday, September 30, 2013

A message to Harvest Homecoming food vendors ... and your PourGate update for Monday, September 30.


Harvest Homecoming food vendors, take note.

You'll soon be paying $20 per day to sell food during New Albany's annual fest.

You should know that earlier this year, the Floyd County Health Department decided that beer qualifies as food, but when NABC took them to the mat, they offered a feeble compromise in an effort to keep us quiet. Now they say beer is food, and beer pourers must get a temporary food serving permit -- but we beer pourers don't have to pay the $20 fee.

The rest of you? You still do.

That's really dumb, isn't it?

If beer is food, isn't food also beer? If so, exactly why are YOU still being compelled to pay for these temporary food permits when beer pourers are not required to fund the department's rampant slush?

Really, shouldn't you ask the health department flunkies this very question when you go to the Taj Mahal on Bono Road to pay for a permit, one that according to Dr. Tom Harris at our July hearing isn't "about the money" at all?

If it isn't about the money, then why should any of us pay?

And, for anyone else contemplating a temporary beer event: If the fine for not having a temporary food serving permit is half the cost of the permit, and it there is no charge for the permit, then what's the fine? Think carefully, because after all, careful thinking puts you five steps ahead of the Floyd County Health Department.

Meanwhile, as I've indicated on several occasions, NABC is perfectly content to fight the ongoing Cold War with the health department, and do so for the foreseeable future, as we await the relevant state agencies reaching what (to us) is the inevitable conclusion that only the Indiana Alcohol & Tobacco Commission has statutory control over temporary permits for pouring beer. State wheels can turn slowly. No matter; it's only a question of time. Since June 14, the issue primarily has been one of hidebound bureaucratic control, and secondarily, enhanced future revenues once the precedent of control has been accepted.

We do not accept the precedent, and we'll continue to fight. Note that the other side of the coin -- the health department's juvenile on-line defamation -- still remains very much in play. It isn't going away any time soon, which is just fine with us ... because neither are we.