Don’t Go Away Mad (Just Go Away) ... or, Larry Flynt bids a final farewell to the Falwells.

"The Hustler publisher, who won a landmark First Amendment legal battle against Jerry Falwell Sr., writes about Jerry Falwell Jr.’s fall from grace—and the Trump of it all."

In civics class my senior year of high school, we were divided into groups and chose topics for the big class project. Seeing as Theatair-X (in its original drive-in format) was in the news at the time, and a local group had been formed to combat obscenity (one of many before and since), we chose smut as our focus.

Well, someone had to do it. 

A woman representing the Citizens for Decency committed to addressing the class, and then one of my stablemates reached Theatair-X by phone. A fellow calling himself the manager (Tim?) said sure, he'd come and speak, too. Alas, Tim was a no-show, and later that summer he was gunned down in a drive-by shooting as he was mowing his lawn.

Seriously.

In the meantime, someone acquired source materials for our research; it was the dawning age of the VCR, but they as yet they were very expensive, and we opted for the print medium: Hustler, Penthouse, et al. Why not Playboy, I asked? "Too many words for the money," came the reply.

Now, to the real point.

In this 1978 edition of Hustler, Larry Flynt had a photo spread to the effect of "War: the Ultimate Obscenity." There were truly gruesome, horrific photos of battlefield mutilation, such that I can still "see" one of them today, 42 years later.

However, I can't recall a single one of the nude shots.

This isn't to issue a blanket defense of obscenity, or to express a preference for pornography ... whatever THOSE words actually mean in the context of freedom of speech and expression, which of course are the components of the real discussion.

I understand it's complicated, and as with racism, sexism is destructive.

At the same time, Flynt was absolutely right. War strikes me as the ultimate obscenity, and this includes violence of all sorts, war or non-war, directed against human beings.

All too often those hypocritical pastors in the mold of Falwell Pere have blessed the destruction, and it strikes me as poetic that Flynt has issued his final farewell.

Larry Flynt: My Final Farewell to the Falwells, by Larry Flynt (The Daily Beast)

When I heard that Jerry Falwell Jr. had resigned the presidency of Liberty University in disgrace, it struck me as the belated ending to a long personal saga with the Falwell clan—and an essential footnote to the role of religion and free speech in America. For those unfamiliar with ancient history, it began in the 1970s, soon after I started publishing Hustler.

Jerry Falwell Sr., then head of the Moral Majority Christian interest group, sued me for libel and the “intentional infliction of emotional distress” over a Hustler parody of a Campari ad that used the liqueur’s slogan: “You’ll never forget your first time.” The parody featured an interview with Falwell waxing nostalgic about his “first time”—with his mother in a Virginia outhouse.

The legal battle lasted five years, from 1983 to 1988, including three decisions against me in federal courts. There was an important principle at stake: the right of artists, writers, and publishers to satirize public figures. Finally, I was vindicated by the Supreme Court in a unanimous decision written by conservative Chief Justice William Rehnquist. This case is often cited as a landmark ruling for the preservation of our First Amendment rights to free speech.

Ironically, Falwell Sr. and I actually became friends later. We enjoyed many cordial visits, participated in debates across the country, and even exchanged Christmas cards. I have to concede that his friendship with me proves that, for the most part, he was practicing an essential tenet of his faith, forgiveness, and was a sincere Christian.

Which is more than can be said for many of his fellow televangelists—the sorry parade of charlatans like Jim Bakker, Jimmy Swaggart, Paula White, and all the other prime-time Elmer Gantrys—including the son, Jerry Falwell Jr. They’re obsessed above all with sexual behavior, ignoring and subverting the core message of Christianity—humility and compassion for the downtrodden—while embracing “prosperity gospel,” which is to say the gospel of greed above all other values.

They support Republican politicians eager to gut Social Security, Medicare, Medicaid, welfare and other programs designed to do what Jesus Christ strived for: the reduction of human suffering in this vale of tears. They live in multimillion-dollar mansions and fly around in private jets, while fleecing their flock for “prayer donations” guaranteed to cure incurable diseases and afflictions. They forget that Jesus Christ only lost his temper and acted violently once: when driving the money-lenders from the temple. But they are not troubled in the least by the banksters on Wall Street, who hoovered up millions from middle-class Americans, granting the 1 percent a get-out-of-jail-free card to do it all over again. Instead, these evangelists reserve the whip for gays, women who want to control their own bodies, pot smokers, and other “heretics” who are only trying to lead fulfilling lives. They actually work to increase the sum of human suffering. They are peddlers of religious snake oil ...

As an addendum (2013):

Al Goldstein and New Albany DVD (Cleopatra's) both are dead. Somewhere, a dog barks.

Dan Canon discusses the marriage equality case, 5 years on. Now is it the turn for racial justice?

Dan Canon's column in LEO Weekly last week. Click the link, read it all. We're very fortunate to have Dan, Valerie and their kids in the neighborhood.

Marriage equality case 5 years later: Can that victory be replicated for racial justice?

 ... My naiveté served me well. We went to the Supreme Court in 2015. We won.

I got my feather and hung it on my wall. Our clients, and millions of other people, can get married. I’ve been to lots of weddings over the last five years. I’ve even officiated a few. It feels good.

I suppose it’s for the best that I didn’t recognize then what I see clearly now: Of all the ways to try to bring about social change, filing a lawsuit and leaving it to a judge in the Midwest, or the South, or anywhere, is among the worst. As evidence, I offer a detail that is often lost in the retelling of the marriage cases: We lost. We lost in the court of appeals on our way to the Supreme Court. We lost in the court that presides over Kentucky, Ohio, Michigan and Tennessee. We lost in a court that hears hundreds of cases every year on police misconduct, inmates’ rights, immigration detention, free speech, abortion and every other hot-button issue anyone has ever cared about. We lost, just like the national organizations said we would. We lost, just like everyone loses. And since the Supreme Court takes so few cases, losing at that court is the end of the line for most people seeking to make change through what we think of as proper, respectable channels.

By the time we lost in the lower court, pro-marriage activists were accustomed to losing legal battles ...

 ... For now, I’ll celebrate our surprising win in an institution designed to make losers. I’ll celebrate the marriages of Tim and Larry, Greg and Michael, Kim and Tammy, Maurice and Dominique, Paul and Randy, and Luke and Jimmy. And even as the buzzards circle the great bird that gave me my defunct quill, I’ll celebrate what the marriage case stands for: The hope that the mythology of American equality can be realized, even if we don’t quite know the recipe for it.

Go pound sand: Indiana Supreme Court rules against Team Gahan v.v. the frivolous City County Building lawsuit.

The link: City of New Albany v. Board of Commissioners of the County of Floyd

Let's begin with excellent words suitable for you-know-who.

Pounding sand, Shane?

There are two takes on go pound sand. The more recent, seemingly a product of World War II, and often euphemised, is go pound sand up one's (rear end). It is used to dismiss and deride, and is ultimately a vehement way of saying: "go away"...A variant meaning is to suffer or to act in a pointless manner ... the late 19th century phrase "pound sand in a rathole" originated on campus and meant to be reasonably intelligent. It was usually found in the negative phrase, "not enough sense to pound sand in a rat hole."

Pounding sand used to be a good thing -- a sensible task undertaken by a person wise in the ways of rodent control -- until it became a bad thing -- a painful act of self-abasement -- and then morphed into a simple act of futility.

I'm obviously not an attorney, and the joy I'm deriving from this court decision derives from the stinging rebuke to Gahanism.

The lease expired in September 2008, and thereafter, the City and the County continued to occupy the Center, splitting the costs proportionally, based on the amount of space each occupied. In 2015, the County began negotiations with Building Authority for renovations of the Center. In 2018, the County requested that the Building Authority transfer title of the Center to the County pursuant to the Turn-Over Provision in the parties’ lease.

The Building Authority declined to transfer title and the County filed suit in April of 2018, seeking declaratory judgment and specific performance, among other things. At the county’s request, the trial court expedited the proceedings. In May 2018, the trial court granted the City of New Albany’s request to intervene. In June 2018, the trial court entered declaratory judgment in favor of the County, concluding that the Turn-Over Provision in the lease was valid pursuant to Indiana Code section 36-9-13-22(a)(6). It ordered that the title be given to the County and dismissed all other pending claims.

The City appealed arguing that under Indiana Code section 36-9-13, the Turn-Over Provision was not valid. The Court of Appeals agreed and Indiana Supreme Court | Case No. 19S-MI-674 | March 23, 2020 Page 4 of 7 further held, sua sponte, that the County, as a holdover tenant could still exercise the purchase option in the lease. City of New Albany v. Bd. of Comm’rs of Cty. of Floyd, 125 N.E.3d 636, 641 (Ind. Ct. App. 2019), adhered to on reh'g, 130 N.E.3d 660 (Ind. Ct. App. 2019), and trans. granted, opinion vacated, 138 N.E.3d 961 (Ind. 2019). Both parties petitioned for transfer, which we granted. Ind. Appellate Rule 58(A).

In short, the Indiana Supreme Court found in favor of the original trial court ruling, and all you really need to know is the defeat constitutes egg on Dear Leader's face.

Actually it isn't the only thing.

How much did this frivolous lawsuit cost city and county? Anyone for an on-line petition demanding the mayor pay court costs?

On Gahan's $10,000,000 City-County Building escape plan as a tactic to disrupt his ancestral enemies in county government.

GREEN MOUSE SAYS: Has Bob Lane settled his lawsuit against NAHA for wrongful termination?

(Verified to have fulfilled the 30-minutes-or-less rule)

The grapevine is abuzz with hot rumors that the wrongfully terminated Bob Lane, former head of the New Albany Housing Authority, reportedly has accepted a six-figure settlement from Deaf Gahan's minions, such as to keep Lane's lawsuit against the city from going to court.

Yes, we know: any such settlement will be couched in carefully worded legalese to the effect that Gahan's sycophants aren't admitting to guilt, and merely wish to put the lawsuit to rest so we can all move forward, etc, etc ... whatever.

Those of us outside the Kool Aid Tent can still see the truth quite clearly; Gahan and the goons remain sufficiently crooked that each of them requires two daily helpers just to get their pants screwed on right.

Congratulations to Bob Lane. He's a far better person than his vacuous oppressors.

Previously: 

Bob Lane will serve as interim director of the South Bend Housing Authority, making Jeff Gahan's dismissal of Lane even more questionable.

GIVE GAHAN A PINK SLIP: (Friday) Jeff Gahan fired NAHA's Bob Lane to promote David Duggins, but now it's time for voters to do some firing of their own at the ballot box.

Gahan's public housing putsch: "We won't allow the City to revise history to their liking."

Newspaper letter writer savages a failing, flailing and floundering Duggins at the NAHA, and follows the bread crumbs back to Deaf Gahan.

9 million tons of Duke Energy's coal ash, the EPA's proposal to loosen regulations about it, and Earthjustice's lawsuit against the EPA.

The press release from Earthjustice is reprinted verbatim, which I'm doing because it's a very big deal, literally and figuratively, that nine million tons of coal ash reposes on the property of the soon-to-be-shuttered Gallagher Station plant, which lies precisely two miles from the Reisz Mahal.

A friend recently asked Duke Energy about the situation.

We received your question about coal ash at Gallagher Station. We’re pursuing a combination of both excavation and capping in place at Gallagher. All decisions are based on science and engineering and have to be approved by state environmental regulators. Please let us know if you have further questions.

For background, a few previous posts.

9.3 million tons of dangerous coal ash right here in Anchor City? Good thing it's not a campaign issue.

Dan Coffey wasn't making it up: 500,000 truck trips would be necessary to remove Duke's toxic coal ash from the Gallagher plant's ponds.

Tonight is the public meeting about Duke Energy's coal ash disposal. Gahan to send summer intern with information about the Bicentennial Park Concert Series.

Here's the release. 

---

Good afternoon. Today the nonprofit Earthjustice sent EPA formal notice of its plan to sue for EPA’s refusal to hold an in-person public hearing on proposed coal ash regulatory rollbacks. This action is being taken on behalf of impacted communities throughout the nation, including New Albany with the Lower Ohio Riverkeeper based there as a plaintiff, as well as a resident of Louisville who lives near the Mill Creek Plant and recreates on the Ohio River. There are more Indiana plaintiffs based in Indy (Hoosier Environmental Council), Lafayette (Wabash Riverkeeper) and a resident of Lawrenceville.

The EPA’s decision to hold a hearing via an online conference call with no video eliminated the ability for many people affected by the rollbacks to participate. Here’s the notice.

The rollbacks would have serious adverse impacts on the health of individuals across the country and the environment. Specifically, this proposed rollback would make it easier for utilities to keep leaking coal ash ponds operating and polluting longer and allow millions of tons of additional toxic coal ash waste to be dumped into leaking and/or dangerously sited ponds.

The decision to eliminate in-person public hearings impairs public participation. The virtual public hearing was announced online and requires that participants register and call-in via an online platform. These hearings are particularly challenging for communities with limited internet access, which coincide with communities that are disproportionately impacted by coal ash. Only having a virtual hearing strikes at the very heart of democratic, public participation - participants have no opportunity to face and speak directly to EPA officials, to use visual aids, and bring people who are very sick from exposure but aren’t up to speaking out. At the January 7, 2020 virtual hearing several commenters openly questioned whether anyone was listening to them at all. Virtual hearings can be a useful supplement to in-person hearings but should not replace them. In addition, this comment period coincided with the holidays.

These concerns led 87 public interest organizations to write EPA requesting that it hold an in-person public hearing and to extend the comment period.

EPA rejected that request in December. Meanwhile, EPA did have the time to privately meet in-person with over 50 coal industry officials on November 19, 2019. 

GREEN MOUSE presents NAWBANY WEEK IN REVIEW for 24 January 2020.

As the topic of New Agony City Hall's first web site post in over a month, Team Gahan chose to exalt pure politics to the exclusion of numerous topics of relevance on the part of the majority of the populace, those not occupying seats on the Floyd County Democratic Party's fix-stays-in central committee.

City of New Albany Appeals to Indiana Supreme Court to Resolve Former Floyd County Commissioners’ Breach of Longstanding Property Agreement

Jeff Gahan's epitaph? It will be "He Kept Us Apart" -- from half our government, and I'm not talking about Republicans ... although Gahan is.

Speaking of the GOP, we have a winner in the contest to replace Billy Stewart as county commissioner.

The Floyd County Republican Party has selected the newest member of the Floyd County Commissioners. On Thursday, a caucus was held at the Calumet Club in New Albany to hear from potential appointees. Out of the six who tossed their hats into the ring for the District 3 seat, the caucus ultimately landed on Tim Kamer. Kamer will take the place of Billy Stewart, who resigned from his post as president of the commissioners in December to expand his role at Hofmann USA.

Meanwhile the NewsBune awakened Chris Morris to perform a professional eulogy for Susan Orth, who is retiring as a judge. Predictably, Morris sought the viewpoint of Democratic party chairman Adam Dickey, who is at least as familiar with the concept of "jurisprudence" as Mitch McConnell.

Is this vacancy the one Matt Lorch has endured abuse from his own political party for the past five years in order to be anointed for? Only the shadow knows, but so far, Shane isn't talking.

There were all kinds of local sporting events this week. Those don't matter at all, so we'll ignore them. Of greater relevance is the Board of Works picking favorites when it comes to downtown street closures.

ASK THE BORED: Is consistency among BOW's mandates when it debates street closings?

On Monday there was a merchant meeting.

The meeting lasted an hour, during which there was no mention whatever of the impending (2021) Sherman Minton Bridge repair-mandated adjustments -- lane and ramp closures and the like -- that stand to have a disruptive impact on downtown specifically, and in more general terms the city as a whole. Does Team Gahan have the latest in a long series of top secret plans reserved for the 11th Hour? If not, or even if so, shouldn't this coping strategy be something we're openly planning for? Or is participatory "infrastructure" of this sort simply not a priority in Nawbany, lest real people become involved?

We've said it before, so to repeat: The only bridge repair disruption "plan" Team Gahan possesses at present involves amassing propaganda in order to blame Republicans for it.

Finally, a tip of the hat to restaurateur Ian Hall. Until you've poured yourself into birthing an independent local business, done all you can to nurture it, then be compelled to face reality and euthanize your own creation, you simply cannot grasp how hard it was for Ian to make this video. There is much to be learned from any such decision. That doesn't mean it's easy

VIDEO: Longboard's Taco & Tiki has closed, but Ian Hall has good news, too.

Donald Trump and Jeff Gahan have the same self-serving explanation for not obeying the law.

Both of them, Donald and Jeffie, blame their own illegality on their political enemies. Their sycophants chortle, and the only clear winner is two-party hypocrisy.

As we contemplate the extent of City Hall's newfound (purported) compliance with a law about information requests, a law that makes no mention of the questioner's party affiliation or history as candidate, don't kid yourself. Team Gahan has treated these requests like toilet paper before, refusing full 100% disclosure, and they'll continue doing so.

There is considerable irony in the fact that the News and Tribune itself could clear up some of these questions about taxpayer dollars and advertising revenue.

And it won't. Why is it no one, including the alleged newspaper of record, seems to want to tell the truth about the money?

New Albany officials provide records after missing deadlines, by John Boyle (Hanson's Non-Disclosure Journal)

NEW ALBANY — One of the plaintiffs in a lawsuit filed against the City of New Albany has stated that city officials have complied with a records request.

The legal battle began Nov. 1, when Floyd County residents Irvin Stumler, Stephen Roberts and Heather Rae Peters sued the city for failing to respond to public records requests that were submitted in August. The trio sought documents related to River Run Family Water Park, Denton Floyd Real Estate Group, ProMedia Group and advertising in the News and Tribune.

Up until Monday, the city had missed multiple deadlines to provide the information requested. Now, Stumler said he has learned that city officials have made a delivery to the office of his attorney.

“I heard that sometime yesterday afternoon, the city brought some records and a check to my attorney’s office," he said. "I haven’t seen it. I don’t know what all’s in there. My attorney’s out of town.”

The presence of the check is likely the product of a default judgment issued by special judge Vicki Carmichael on Dec. 18. Her order mandated that the city produce the documents no later than 10 days after the judgment — with a fine of $50 for each subsequent day. Payment of $1,642.50 for plaintiffs' attorney fees, $162.10 for filing feels and $300 to the plaintiffs by the city was also required.

New Albany officials maintained the administration's position that the request was politically motivated in a statement to the News and Tribune.

"At this time, we have supplied documents per the request," city spokesman Mike Hall said in an emailed statement. "As mentioned before, Mr. Stumler is a former mayoral candidate and critic of this administration who has unsuccessfully sought local elected office numerous times" ...

Local Democrats angrily rally against openness and transparency as "The City of New Albany Defies Court Order on Records’ Requests."

Local Democrats angrily rally against openness and transparency as "The City of New Albany Defies Court Order on Records’ Requests."

At this point just about any fair-minded citizen can't avoid the only real question.

Gahan's public records scandal: WDRB's Marcus Green breaks it down as the News and Tribune flails ineffectually.

Exactly what is Gahan hiding?

Go to The Aggregate for the scoop.

The City of New Albany Defies Court Order on Records’ Requests, by Nick Vaughn (The Aggregate)

 ... The default judgement, issued on December 18th, ordered the city to provide the plaintiffs with the documents they requested back in August within 10 days and the payment of over $2,000 in legal fees.

On December 30th, The Aggregate News staff checked in with one of the plaintiffs, Irv Stumler, regarding whether the city had provided the documents and court fees by the December 28th deadline.

In a text message, Mr. Stumler stated that "No, we have not heard from anyone at the city" ...

Gahan's public records scandal: WDRB's Marcus Green breaks it down as the News and Tribune flails ineffectually.

On Christmas Eve, Marcus Green of WDRB broke down Jeff Gahan's public records scandal; the screenshots and transcriptions follow. Green concludes with three questions:

1. Why didn't (city hall) respond to the citizens' request before (the judge's ruling)?
2. Does it believe it doesn't have to respond to requests it deems politically motivated?
3. Why didn't it respond to the access counselor?

To which I can add only one additional query:

Where the hell was the News and Tribune for all those weeks prior to the judge's ruling?

The Aggregate reports: "The City of New Albany was ordered to pay over $2,000 after it failed to fulfill a public records request."

Green makes it so simple that even a Democratic precinct committee-person can understand it.

---

Marcus Green @MarcusGreenWDRB

This is an interesting public records case from New Albany.

A judge rules that @NewAlbanyIN must release records sought by citizens: https://bit.ly/39b6yoc

Ok. Let's break this down.

Judge rules New Albany must release requested public records

NEW ALBANY — Just under two months after a lawsuit was filed against the City of New Albany for failing to respond to public records requests made by three residents ...

The city's attorney, Shane Gibson, told the @newsandtribune this:

“The city was sued by former political opponents and non-city residents' days before the November mayoral election to try and influence the outcome," Gibson said in an emailed statement. "We are pleased those efforts failed. While these actions were politically motivated, the City of New Albany intends to comply with any court order regarding the matter.”

First, the citizens filed the lawsuit only after @NewAlbanyIN ignored their records request, which was made in August, per @newsandtribune. They then asked for Indiana's public access counselor for an opinion.

The counselor, the state office that addresses public records disputes, says @NewAlbanyIN's city attorney, city controller and parks director refused to respond to its questions.

The state then found New Albany violated the law: https://in.gov/pac/advisory/files/19-FC-105.pdf

Then the citizens sued.

The city attorney now says @NewAlbanyIN will comply with the court order.

Questions: Why didn't it respond to the citizens' request before? Does it believe it doesn't have to respond to requests it deems politically motivated? Why didn't it respond to the access counselor?

The Aggregate reports: "The City of New Albany was ordered to pay over $2,000 after it failed to fulfill a public records request."

Did the News and Tribune just get scooped ... again?

The story goes back months -- well, years, actually. Now The Aggregate is reporting that a judge has ruled in favor of plaintiffs who seek nothing more than Mayor Jeff Gahan's compliance with Indiana public records laws.

First, the background.

• Gahan begins search for a disposable scapegoat as Indiana's Public Access Counselor finds the mayor in violation of the state's public records law.
• Team Gahan's failure to fulfill open records requests? That's Gahan's political conspiracy against transparency, and it's HIS problem, not anyone else's.
• Reader writes about River Run: "I was under the impression public records HAD to be made public."
• River Run Family Water Park: Why won't the city of New Albany comply with the law and grant Randy Smith's public records request to view the financials?

Then the most recent news. The city's caterwauling should come as no surprise to anyone who has been paying attention to the Gahan administration's congenital paranoia.

You're advised to click straight through and read the entire piece, highlighted here.

New Albany Sued for Failure To Produce Public Records, by Jake Sipes-Salter(The Aggregate)

Last Wednesday, the City of New Albany was ordered to pay over $2,000 after it failed to fulfill a public records request.

On November 1st, a trio of Floyd County residents filed a civil lawsuit against the city of New Albany for failing to provide access to public records in violation of the Access to Public Records Act. In a public statement, the plaintiffs claim that, “at its core, it is all about the ideal of open and transparent government.”

snip

The plaintiffs, Floyd County residents Irvin Stumler, Steve Roberts, and Heather Archibald-Peters, claim their rights to access public records were violated when the city of New Albany did not respond to their records requests. Their inquiries, hand-delivered by the plaintiffs to the city on August 28, ranged from legal fees concerning the city of New Albany to revenue data of the River Run Water Park.

snip

On December 10th, Judge Hancock recused himself from the case and the case was given to a special judge. Taking over for Judge Hancock was Judge Vicki Carmichael who presides over Clark County’s 4th Circuit Court.

Shortly afterward on December 18, the waiting game came to an end and the court granted default judgement in the case, meaning that the Court found against the City of New Albany for their failure to adequately respond, despite being granted an extension. As a result, the defendants have been ordered produce the records within 10 days (by December 28th), and are ordered to pay the plaintiffs’ fees in the amount of $162.10 each as well as their attorney fees amounting to $1,642.50.

Even after the city’s extension was granted by the court, they still did not respond to the summons ...

It took the consummate narcissist Jeff Gahan a full 16 years to say the word "opioid," and now the hypocrite-in-chief thinks he's Jonas effing Salk.

Crazy, isn't it?

"Silent Jeff" Gahan served eight excruciatingly underachieving years as a councilman, followed by seven years and 238 days as the city's second-worst mayor ever (behind Warren Nash) before at long last becoming vaguely aware of an opioid crisis in New Albany -- wait, I'm sorry, make that "Floyd County" -- none of which has the slightest thing to do with a tough re-election fight just around the corner.

Whatever. I pulled the only relevant paragraph from Gahan's boilerplate recitation of things we already know.

The City of New Albany has already taken an important step by bringing legal action against the manufacturers and distributors. Floyd County officials, unfortunately, have opted to not join the lawsuit against opioid distributors. I am urging county leaders to recognize this problem and join the lawsuit. Now that we have solid data concerning the problem, we need to do more as a community.

It's the ceaseless war against Floyd County government, yet again. This war is the only imperative for Gahan's tenure, and not a single Democrat in New Albany can recall exactly why it's being fought apart from their need to preserve political patronage as local Democrats have always featherbedded it.

This emperor has no clothes; Gahan cares not a jot about societal ills apart from his skill in spinning them to his advantage. Now, how about an uplifting round of  loaded Rice Krispies Treats?

#SocialistsForSeabrook2019

BEER WITH A SOCIALIST: Salty cascading crocodile tears as Pabst sings the contract brewing blues and sues MillerCoors. A pox on them all, I say.

I find these legal maneuverings hilarious on multiple levels. The reincarnated Pabst survives on price point alone, and price at this point is maintained by contract-brewing at a certain barrel level with a brewer who is a competitor.

Yawn. Can't they all just disappear?

Pabst says MillerCoors is trying to put it out of business (Associated Press)

Lawyers argue that the company’s very existence relies on partnership with Chicago-based MillerCoors

MILWAUKEE — Pabst Brewing Company and MillerCoors are going to trial, with hipster favorite Pabst contending that MillerCoors wants to put it out of business by ending a longstanding partnership through which it brews Pabst’s beers.

The case has high stakes for Pabst, whose lawyers argue that the company’s very existence relies on the partnership with Chicago-based MillerCoors, which produces, packages and ships nearly all its products, which include Pabst Blue Ribbon, Old Milwaukee, Natty Boh and Lone Star. MillerCoors, meanwhile, says it’s not obligated to continue brewing for Pabst and that Pabst doesn’t want to pay enough to justify doing so.

The trial in Milwaukee County Circuit Court begins Monday and is scheduled through Nov. 30.

Pabst’s attorneys have said in court documents and hearings that MillerCoors LLC is lying about its brewing capacity to break away from Pabst and capture its share of the cheap beer market by disrupting Pabst’s ability to compete. At a March hearing in which MillerCoors tried to have the lawsuit dismissed, Pabst attorney Adam Paris said “stunning documents” obtained from MillerCoors show that it went as far as hiring a consultant to “figure out ways to get rid of us.” MillerCoors has called that a mischaracterization of the consultant’s work.

The 1999 agreement between MillerCoors and Pabst, which was founded in Milwaukee in 1844 but is now headquartered in Los Angeles, expires in 2020 but provides for two possible five-year extensions. The companies dispute how the extensions should be negotiated: MillerCoors argues that it has sole discretion to determine whether it can continue brewing for Pabst, whereas Pabst says the companies must work “in good faith” to find a solution if Pabst wants to extend the agreement but MillerCoors lacks the capacity.

Pabst needs 4 million to 4.5 million barrels brewed annually and claims MillerCoors is its only option. It is seeking more than $400 million in damages and for MillerCoors to be ordered to honor its contract.

During 2015 negotiations about extending the contract, MillerCoors announced it would close its brewing facility in Eden, N.C., and that it eventually might have to shutter another facility in Irwindale, Calif. Pabst contends that MillerCoors refused to provide any information to substantiate its claim that it would no longer have the capacity to continue brewing Pabst’s beers, and that it wouldn’t consider leasing the Eden facility and would only sell it for an “astronomical” price.

Pabst says MillerCoors wouldn’t agree to an extension unless Pabst paid $45 per barrel — “a commercially devastating, near-triple price increase” from what it pays now. At the March hearing, Paris said MillerCoors knew Pabst couldn’t accept that proposal “because it would have bankrupted us three times over.”

In court filings, MillersCoors said Pabst’s proposals to keep the Eden facility open “were commercially unreasonable” and that Pabst sought “a windfall through litigation” instead of offering to pay enough to keep a facility open. It also said the facility’s closing was “to ensure the longer-term sustainability” of MillerCoors because thousands of new brewers have entered the market over the past decade.

MillerCoors and Anheuser-Busch, which have the biggest U.S. market share at 24.8 percent and 41.6 percent, respectively, have been losing business to smaller independent brewers, imports and wine and spirits in recent years, according to the Brewers Association.

Overall U.S. beer sales have declined, with shipments down from 213.1 million barrels in 2008 to 204.2 million in 2017, according to the Brewers Association.

Pabst depends on MillerCoors because the only other U.S. brewer with capacity to make its products is Anheuser-Busch, which doesn’t do contract brewing, Paris said.

“It really is an existential issue for Pabst because it has no real alternatives,” Paris said at the March hearing.

Paris said the report from the consultant MillerCoors hired in 2013 proves the company never intended to act in good faith. Pabst’s attorneys say the report had sections focused on how to “eliminate Pabst altogether” and noted that MillerCoors would need to close two breweries “to be sure they don’t have excess capacity for contract manufacturing.”

MillerCoors’ attorney, Eric Van Vugt, said in court that the company didn’t rely on the consultant’s report when it decided to close Eden or when it has contemplated closing the Irwindale brewery.

“If we keep Irwindale open, yes, we can supply their beer,” Van Vugt said. “No one disputes that. That’s the only factor that we need to look at.”

Meanwhile in Minnesota, friend and disability advocate Noah McCourt files lawsuits claiming city and county websites violate both state and federal disability law.

Photo credit.

It's always instructive to check in on Noah McCourt. You'll recall that in 2015, Noah and I got to know each other when he ran unsuccessfully for 6th district council (GOP) in New Albany. He later moved back to Minnesota and has stayed very much involved.

Even from afar, I'm richly enjoying Noah's principled activism. Who says young people don't get it?

Not me.

First lawsuits over disabled access to websites make their way to Minnesota, by Tad Vezner (St. Paul Pioneer Press)

Echoing a recent trend in other states, for the first time a lawsuit has been filed in Minnesota alleging that websites — in this case, belonging to a county and couple of cities — violate disability law.

Much like lawsuits demanding such things as wheelchair ramps and handicap parking, the suits claim the defendants’ digital real estate is so inhospitable it denies access.

Late last month, Noah J. McCourt, a disability advocate with autism from Waconia, sued Carver County as well as the cities of Norwood Young America and Chanhassen in federal court, claiming their websites violated both state and federal disability law.

“I really think that this kind of issue is really a question of who we want to be as a community. Do we want a community that says we’re open to business or we’re closed?” said McCourt, who noted that he has 10 other disability-related suits pending against Carver County.

McCourt claims that the county and cities are violating the federal Americans with Disabilities Act, the Minnesota Human Rights Act, and a lesser-known federal law called the Rehabilitation Act of 1973, which makes it illegal for entities to deny people with disabilities access to “programs or activities” that receive federal funding.

Officials with Carver County and Norwood Young America declined comment on the suits, noting they typically do not comment on pending litigation. Chanhassen officials did not immediately return a call for comment Friday ...

The haymaker: "Woman shares graphic account of alleged rape by Haymarket bar owner."

The plot twists are coming fast and furious.

'Now is the time': Woman shares graphic account of alleged rape by Haymarket bar owner, by Bailey Loosemore and Darcy Costello (Courier Journal)

Editor's note: This report contains graphic descriptions of an alleged sexual assault.

The sex started consensually.

It was the couple's third date. They'd connected on a fetish website and met at the man's Cherokee Triangle apartment. He began to play music, they discussed a safe word, then they started to kiss.

In details published Wednesday in a court document, the woman describes how the man did not stop when she used the safe word, how he raped her at his Louisville home and how for years she felt too ashamed to share what had happened.

Now, as the defendant in a lawsuit filed by the man she says sexually assaulted her, the woman is for the first time telling her whole story publicly. Courier Journal spoke multiple times to two of the woman's four attorneys about the potential impact to her of reporting about the case, and they said she was ready for the details to be reported.

Previously: Court documents provide further updates in the ongoing Landan/Haymarket saga.

Court documents provide further updates in the ongoing Landan/Haymarket saga.

By any objective standard, the terrain has shifted since this story first arose, and it continues to do so. This is why I'll continue providing updates.

There is some good news for Haymarket Whiskey Bar as its owner, Matthew Landan, awaits the resolution of lawsuits pertaining to allegations of rape.

We Asked A Whiskey Pro To Pick America’s Most Important Whiskey Bars, by Christopher Osburn (Uproxx).

“Great whiskey, particularly great bourbon, isn’t meant to be fancy. Whiskey has historically been a working-stiff’s drink, and bars like Haymarket are there to remind us of that. It has the eclectic feel of a fan-boy’s fantasy basement bar — coupled with an impressive collection of whiskey that spans the economic spectrum. It’s in Louisville, so bourbon prevails.”

Meanwhile, court documents provide further updates.

Haymarket bar owner allegedly compared rape assault allegations to 'civil rights struggles', by Jason Riley (WDRB)

LOUISVILLE, Ky. (WDRB) – When Haymarket Whiskey Bar owner Matthew Landan first learned he had been accused on a Nov. 13 Facebook post of raping a woman, he sent a group text to his employees comparing his plight “to the civil rights struggles of African-Americans,” according to court records.

In records filed as part of Landan’s defamation lawsuit against two women who accused him of sexual assault and two former employees who allegedly staged a walkout forcing the temporary closure of the NuLu bar, attorneys for the employees claim Landan “made light” of the allegations and compared his situation to the civil rights struggle.

“I don’t care how many f---ing trolls are on the farm Its (sic) like Public Enemy used to say a nation of millions can’t hold us back,” Landan allegedly texted his employees, according to the documents.

This update came on the heels of revelations that violence has been directed against Landan since the rape story broke.

The NuLu bar owner accused of rape on social media said he's been attacked.

Landan has said he has been assaulted and his property vandalized since the original Facebook post. Someone threw a condiment in his face during a bourbon event last weekend, he said.

The words "Rape Van" was also spray-painted on his white van.

"It has taken a toll. He has to worry about where he parks his vehicles and changing locks on his house multiple times," attorney Andrew Horne, who represents Landan said on Wednesday. "Each time he's taken a step outside the litigation to move forward and basically get back to normal, he's gotten pushback."

A similar update on the same day (March 8) appeared in the Louisville Courier-Journal.

Haymarket Whiskey Bar owner mocked sexual assault accusers, former employees say, by Bailey Loosemore and Darcy Costello

Two former Haymarket Whiskey Bar employees say their ex-boss made light of multiple sexual assault accusations levied against him on social media last fall, referring to the claim that he defecated on a woman as "literally shit."

The employees' claim was made in a court document filed Thursday — two days after the bar's owner told Courier Journal he was the victim of several petty crimes, including the painting of the words "rape van" on his personal vehicle.

The document is part of a lawsuit filed by bar owner Matthew Landan against the two employees as well as two women who've publicly accused him of sexual assault.

Landan has previously accused the employees of orchestrating a walkout of Haymarket workers that forced the bar to close, then making a "lowball" offer for the business.

Now, employees Eric Snider and Christopher Maggio say Landan invited them to make an offer in a text message that stated: "If you want to put an offer on the table for the bar I'll listen."

Landan reopened the bar on Nov. 29, the same day he filed the lawsuit.

Previously:

Update: "Attorney for Haymarket Whiskey Bar owner presses alleged victim for details about sexual encounters."

Landan: "I have never sexually assaulted anyone, regardless of where they made their claims."

Update: "Attorney for Haymarket Whiskey Bar owner presses alleged victim for details about sexual encounters."

By any objective standard, the terrain has shifted since the start. This is why I'll continue updating the story. Apologies for the tardiness of this follow-up; the reporter Riley's piece appeared just as we were readying to depart for Porto.

Attorney for Haymarket Whiskey Bar owner presses alleged victim for details about sexual encounters, by Jason Riley (WDRB)

LOUISVILLE, Ky. (WDRB) -- An attorney for Haymarket Whiskey Bar owner Matthew Landan has subpoenaed a woman who claimed she was sexually assaulted by Landan to provide the date and time of each instance she had sex with Landan and identify anyone else present.

As part of seeking evidence in Landan's defamation lawsuit against women who accused him of rape and sexual assault on Facebook, attorney Andrew Horne has filed a request in Jefferson Circuit Court for information from the initial accuser.

Horne has identified the woman he believes initially posted a picture of Landan on Facebook on Nov. 13, saying, "Matthew Landan is a rapist" and accused him of raping her. She has been subpoenaed to provide the information within 45 days.

Previously:

Landan: "I have never sexually assaulted anyone, regardless of where they made their claims."

A precipitous decline: "Haymarket owner says former employees exaggerated the number of his rape accusers."

Landan: "I have never sexually assaulted anyone, regardless of where they made their claims."

I'd seen that Haymarket Whiskey Bar owner Matthew Landan reactivated his Facebook account, and last night he issued a clear and unambiguous reply to his accusers.

"I have never sexually assaulted anyone, regardless of where they made their claims."

WDRB's Jason Riley barely beat me to the post.

By any objective standard, the terrain has shifted since the initial furor, and this is why I'll continue updating the story.

Previously:

A precipitous decline: "Haymarket owner says former employees exaggerated the number of his rape accusers."

A precipitous decline: "Haymarket owner says former employees exaggerated the number of his rape accusers."

Previously: 86 or 7 to 18? Another update in the accumulating lawsuits of Haymarket Whiskey Bar's owner Matthew Landan.

Earlier this week, The CJ and WDRB began unraveling the single most confusing aspect of the Haymarket saga.

In short, what happened to all the others?

Haymarket owner says former employees exaggerated the number of his rape accusers, by Bailey Loosemore and Darcy Costello (Courier Journal; January 17, 2018))

The numbers spread faster than anyone could explain.

First, it was one woman who publicly accused a Louisville bar owner of rape. Then eight, then 17, then more than 20.

Where the numbers were coming from appeared to be any social media user's guess. But now, the figures — repeated as fact by two of the owner's former employees — are being used against them in a civil lawsuit.

Also here:

Attorney for Haymarket bar owner Matthew Landan claims rape allegations are 'deliberate attempt' to ruin reputation, by Jason Riley (WDRB; January 17, 2018)

An attorney for Haymarket Whiskey Bar owner Matthew Landan claims there was “a deliberate attempt” to destroy Landan’s reputation and his business by falsely accusing him of rape and spreading allegations online and through the media.

The goal, according to attorney Andrew Horne, was an attempt by two Haymarket managers to take over the bar.

In court records filed last week, Horne argues that “within hours” of a woman claiming on Facebook in November that she was raped by Landan, managers Eric Snider and Christopher Maggio “joined in the takedown" and staged a coup in hopes of getting the bar.

Horne claims Snider and Maggio privately and publicly embellished the number of Landan's accusers, vouched for the allegations and engineered a walk-out by other employees -- all in an attempt to buy the bar at a low price.

It would seem that in terms of verifiable substance, and if we're aggregating correctly, there have been a total of three or maybe four scenarios involving Landan that are capable of being traced to an actual social media posting. Of these, two factor into the Haymarket owner's lawsuit.

Costello and Loosemore explain:

As of January, just one of the two women named in Landan's initial lawsuit has responded by court record.

The woman who accused Landan of drugging her drink filed a countersuit against him alleging that he committed criminal assault and wanton endangerment when he placed drugs in a drink that he served her in his bar on Market Street.

The second of these two women is the original pseudonymous Facebook accuser whose post prompted the firestorm; in it, she made reference to employment at Monnik Beer Company, hence this emerging story line, again reported by Jason Riley.

Attorney for Matthew Landan asks judge to hold brewery in contempt for refusing to provide information about rape accuser, by Jason Riley (WDRB; January 19, 2018)

An attorney for Haymarket Whiskey Bar owner Matthew Landan has asked a judge to hold Monnik Beer Company, a local brewery, in contempt of court for refusing to provide certain information about an employee who accused Landan of rape.

Jefferson Circuit Court Judge Audra Eckerle had ordered a representative of Monnik to provide testimony to attorney Andrew Horne, who was trying to identify the employee he believes posted a picture of Landan on Facebook on Nov. 13, saying, "Matthew Landan is a rapist" and accused him of raping her.

During the Jan. 17 deposition, Monnik provided the employee's name but refused to give other information, including her address, phone number and personnel file, Horne wrote in his motion, filed on Thursday.

Horne has asked Eckerle to order Monnik to provide the employee's last known address, personnel file and pay attorney’s fees.

An attorney for Monnik did not immediately return a phone message.

By any objective standard, the terrain has shifted since the initial furor, and this is why I'll continue updating the story. 

86 or 7 to 18? Another update in the accumulating lawsuits of Haymarket Whiskey Bar's owner Matthew Landan.

Previously: New cases in the case of Haymarket Whiskey Bar. (December 27, 2017).

---

Pertaining to the ongoing saga of Matthew Landan and his Haymarket Whiskey Bar, as currently embroiled in lawsuits and countersuits, reporter Jason Riley of WDRB-41 recently posted two relevant tweets about judicial decision-making. We missed them, but here they are.

First, the judge has ruled that Monnik Beer Company will have to testify in the deposition. Monnik is involved because Landan seeks to prove that the name used by this woman on her social media account, where she initially made accusations of rape against Landan, is a pseudonym. 

In the original post, since removed, the accuser seemed to be implying that she worked at Monnik, hence the subpoena to the brewery.

It should be noted that Landan hasn't yet been formally charged with rape or crimes pertaining to sexual assault, although a second woman recently filed suit against him for criminal assault and wanton endangerment.

Link.

Concurrently, Landan's U of L dissertation remains on the table in the countersuit filed against him by two former employees.

Link.

In closing this installment, I have a serious question; maybe a reader can direct me to the answer, seeing as I've seen no mention of it lately.

In the immediate aftermath of the original social media post, information began circulating to the effect that numerous other women -- as many as 17 -- were coming forward.

Landan's lawsuit refers to this.

Landan believes his two former employees invented this information, so since the initial firestorm, have there been any further reports from or about these other women?

Stay tuned. This one's going to last for a while.

New cases in the case of Haymarket Whiskey Bar.

The saga continues.

Haymarket Whiskey Bar's listing at the Urban Bourbon Trail has been restored (scroll down at the site to see it), and these two links tell the story of recent legal salvos.

First, from December 19, a subpoena.

Attorney for Haymarket Whiskey Bar owner Matthew Landan files subpoena to identify rape accuser, by Jason Riley (WDRB)

LOUISVILLE, Ky. (WDRB) – An attorney for Haymarket Whiskey Bar owner Matthew Landan is seeking to identify a woman who accused Landan of raping her by subpoenaing information from the woman’s employer.

Attorney Andrew Horne will seek testimony from a Monnik Beer Company representative on Jan. 4 about the woman who claimed on Facebook that Landan raped her. Horne believes she works for Monnik and was using an alias in the Facebook posting, according to court records.

Brian Holton, one of the brewery's owners, said he was not ready to comment because he had not received the subpoena.

Then yesterday, a countersuit.

Haymarket Whiskey Bar: Woman who says owner drugged her files countersuit, by Bailey Loosemore (Courier-Journal)

A Louisville woman who publicly accused a downtown bar owner of drugging her drink has put the allegations into a countersuit she filed against him this week.

The woman says in the suit filed Friday against Matthew Landan that he committed criminal assault and wanton endangerment when he placed unknown drugs in a drink that he served her in his bar on Market Street.

The countersuit is the second filed this month against Landan, the owner of Haymarket Whiskey Bar who last month was accused of being a rapist in a widely shared Facebook post.

There isn't much else to say. It's surely to become a war of attrition in the courts, and meanwhile ... old news to many?

---

Previously:

"Sexual assault victims are seeking justice on social media. Experts warn it's not bulletproof."

We're not exempt, so NAC's New Albany "Person of the Year" for 2017 is #MeToo -- the NA silence breakers.

Former Haymarket employees strike back with countersuit, directing attention to Matthew Landan's masters degree thesis.

Landan counter-attacks: "After Facebook Outrage, Owner Of Haymarket Whiskey Bar Sues Over Rape Allegations."

"When internet justice is likely the only justice": Allegations of rape against Matthew Landan result in the closing of Haymarket Whiskey Bar. Are we learning yet?