Tort claim notice offers preview of Padgett's lawsuit against modernity.

Narcissus gazes at his erection.

Four days ago at NAC:

BREAKING: Padgett, Tiger, EM Cummings Veneer, et al, are suing City Hall over the Main Street dishevelment project.

 ... Don't forget that it is Padgett and its toady "business as usual" trucking minions who don't give a damn about neighborhood interests apart from despoiling them for profits. They'd run a toxic waste dump by S Ellen Jones School if they thought it would turn a profit.

Admittedly, they're not an easy read, but here are the pages of the tort claim notice of March 23, precursor to Padgett, et al versus New Albany's neighborhoods and independent small businesses. There'll be more as it comes to the Green Mouse.

Strictly speaking, city officials are being sued, but let's harbor no illusions: Padgett and friends are attacking each one of us living in the designated areas. Padgett and friends are staking claim to the supremacy of their interests over those of retail and service businesses downtown. Padgett and friends are trying to make the point that our infrastructure exists primarily for their use, with any remaining scraps and thread grudgingly ceded to the citizenry.

Plainly, Padgett and friends are attacking the sovereignty of the city of New Albany.

Already we see Jeff Gahan and his down-low bunker dwellers in full pre-emptive capitulation mode, and so the question must be asked, and not for the first time:

Who's fighting for US?

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?

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.

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.

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

NABC's dispute with the Floyd County Health Department remains in a Cold War phase, and that's about all there is to say. We will continue to pursue remedies.

• As for the FCHD's over-reach as it pertains to regulation of beer pouring, we await interpretation from higher-ups in Indianapolis. There are other potential fixes, but one must be patient and follow these various threads to their outcomes.
• As for the FCHD's defamatory web site posting, and our subsequent cease and desist and tort claim notice, we await an apology and are prepared to proceed, come what may, if adults in county government do not turn up. 

As for the letter below, I submitted it to the newspaper two weeks ago and have since grown weary of the draft residing at the top of the blog's queue. I'll link to the eventual placemarker in Hansonville when it finally appears -- but be sure to turn off your laptop's sound, lest you hear the dentist explain yet again her commitment to healthy teeth.

---

To the editor of the News and Tribune:

The New Albanian Brewing Company (NABC) certainly appreciates the News and Tribune’s stance in “Cheers and Jeers” (August 17 & 18, by editor Shea Van Hoy).

Van Hoy jeers the Floyd County Health Department (FCHD) “for its petty posting of a photo on its website taken in front of a local business.”

Unfortunately, petty is the least of it.

The photo, now finally removed, is defamatory and retaliatory. It testifies eloquently to a hubris-laden institutional culture in desperate need of instruction as to the etiquette suitable for taxpayer-supported government actors.

The source of my company’s current imbroglio with the FCHD is its misstep in seeking to require temporary food serving permits for beer pouring events. Moreover, it’s about the proper regulatory jurisdiction of the FCHD in relation to the Indiana Alcohol and Tobacco Commission (ATC).

Van Hoy writes, “The legality of such permitting can — and has — been debated,” and while this is true, readers may not be aware of the extent to which the FCHD’s legless argument has been demolished.

The crux is this: Who regulates NABC when it comes to pouring beer at temporary events, such as this summer’s excellent Bicentennial Park concert series?

The FCHD’s answer comes from thin air: Ignore both statute and precedent, wave a magic administrative wand, and declare without warning that henceforth, beer is food. Actually, no other county health department in Indiana currently is making this spurious claim.

That’s because seventy-plus years of Indiana regulatory history and all prevailing precedents indicate otherwise. As beer dispenser, NABC is governed solely by the ATC, and in the course of appealing the FCHD’s over-reach, we managed something the health department could not: We produced a court ruling clearly affirming our position.

In Fort Wayne v Kotsopolous (1998), the Indiana Court of Appeals clearly and succinctly confirms the ATC’s regulatory pre-eminence in Indiana. In short, NABC’s supplemental catering authority, as licensed annually by the ATC, is all we need to temporarily pour beer at Bicentennial Park or elsewhere – provided, of course, that we abide by the ATC’s guidelines … and we do.

The FCHD has absolutely no part in this permit process, and its attempted justifications to date have been arrogant, irrelevant and tortuous, reminding me of the way “The Economist” magazine once described a speech by the former British prime minister, Harold Wilson:

“It contained difficult passages in which it is impossible to disentangle what the words really meant to him from what they were intended to mean to others and what they might later be said to have meant at the time.”

Whether inventing baseless regulations or posting actionable photos, is this really the way we want county government to operate?

Your PourGate update for Tuesday, August 27.

My friend Jim H. submits the following.

A quote from an interview with Professor Steve Bamforth; UC Davis in Scientific American dated May 2007:

"Until very recently, wasn't water dangerous to drink? Is that part of why wine and beer were the drinks of choice throughout the last 8,000 years or so?

Bamforth: Yeah! Beer is certainly not hospitable for the growth of microorganisms. You know, we don’t have coli scares in beer. Pathogens will not grow in beer and the beer—of course during production it's boiled—beer contains hops which has got antimicrobial components, and so, you know, ales and beers over the years have been safer to drink rather than the water because of these reasons."

Of course, from the very start, the Floyd County Health Department's very last consideration has been factual in this pathogenic context. 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.

Of course, NABC does not accept it.

As I've indicated on several occasions, we're content to fight the cold war for the foreseeable future, and wait for the relevant state agencies to reach what (to us) is the inevitable conclusion that only the Alcohol & Tobacco Commission has statutory control over beer pouring. When this decision is made, I promise to don my best Martin Luther duds and tape it to Mark Seabrook's exurban door frame.

But the other side of the coin -- the health department's juvenile on-line defamation -- still remains very much in play. That one isn't going away any time soon, and commissioner Seabrook might as well ring the insurance company with the good news ... after his latest "render unto Caesar" tantrum, and before the Camm trial bills start coming due.

Harvest Homecoming food vendors, take note: You'll soon have to pay $20 per day to sell food. The health department says beer is food, but that beer pourers don't have to pay the fee. If beer is food, isn't food also beer? So, exactly why are YOU paying for these temporary food permits when beer pourers are not?

And, for anyone contemplating a 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.

Right, Mark?

My second favorite News and Tribune reader comment yet.

I'm not a bully.

I am the walrus.

Battle brewing in New Albany over website photo; Health department subject of tort claim notice from brewery owner

William wrote:

Elizabeth, you're gravely mistaken if you think Roger has done nothing more than whistle blow on things that are going wrong. He takes unflattering pictures of people and puts these on his blog. He takes pictures and adds features to insinuate some kind of wrongdoing or another. He twists actual facts into something resembling truth but is, in fact, untrue. And, quite frankly, he lies outright on his blog, passing off these fabrications as fact. He tries to create arguments or sides, and tries to move people to feel one way or another about people in public office just because he comes up with some stupid nickname and reuses it ad nauseum. Without question, Roger Baylor's a bully. Like the previous post says, he would post something like what the Health Dept posted on him and laugh his head off and get his gang of bullies to laugh with him. This person is a menace of the worst sort. He incites anger and hatred. Nothing more.

But I do agree with that guy that posted ahead of me. Unfortunately, a government office has no business engaging in Roger Baylor-style posts. They just lowered their office to being no better than he is. Also, it's different having a crank that everyone knows has his head in his ___ post something incendiary and an official office posting something like that. They shouldn't have done it no matter how tempting.

My favorite News and Tribune reader comment yet.

I'm not a bully. I'm a bluebird.

Battle brewing in New Albany over website photo; Health department subject of tort claim notice from brewery owner

CGP wrote:

No question Baylor is a bully. He would, without so much as a wink, put together some sort of picture just like the one on the Health Dept. site and feature this on his blog. He would do this while sneering and jeering, and he would spout venomous comments with his loyal followers who would gush all over the remarks with similar refrains of their own. Then, he would promote such a picture/blog entry on every website he frequents, Twitter, Facebook, other blogs. And he would guffaw and drink while adding one lie on top of the next in his self-righteous screed.

So much is completely true, and even those who have not been a target of his know it.

However, Roger and his band of merry gossip mongers are not a publicly-funded government entity. And, two wrongs don't make a right.

The Floyd County Health Department needs to cease and desist asap. Whoever is behind all this online defamation of character should understand that this is completely inappropriate and illegal harassment. It simply needs to stop.

These machines kill fascists, pathogens and bureaucrats.

As of Friday, the Floyd County Health Department's web site has been purged of references to NABC and me, and there are no artlessly staged "stock photo" ops ("eco-lies", we call them), and no images of me purloined from my web site absent my permission. Seems they can take dictation, after all.

Meanwhile, last evening's Bicentennial Park concert gig was the occasion for another cursory inspection by the department, whose representative took little time in offering me the clipboard for signing, along with these words: "There isn't much to see here."

Yep. The foot soldiers keep getting it, while their superiors ...

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

Gone, not forgotten.

After the Floyd County Health Department's attorney, Rick Fox, meandered through another round of evasive and tort(uous) verbiage with the News and Tribune's Jerod Clapp, Eater Louisville's Zach Everson succinctly dismissed Fox's "lawyerly things" (underlining is NAC's):

Rick Fox, the attorney for the department's board of directors, told the News and Tribune

that he "received the tort claim on Tuesday and hasn't met with the department's board to discuss it yet.

But he said to make sure there weren't any misconceptions about the photo and the associated post on E. coli, they decided to take it down.

"They removed the photo, not in that the health department had done anything wrong, but we most certainly don't want to give the wrong idea," Fox said. "If they think someone's getting the wrong idea, we don't want to do that. As I understand it, the Floyd County Health Department truck was just showing that they were doing their normal inspections. Those [inspections] are subject to public review, the truck could have been in front of any business."

Fox apparently doesn't understand it well. The truck wasn't in front of any business; it was in front of a business that was appealing a citation from the health department, and whose owner was publicly and repeatedly criticizing the department.

I'll make just one further point: On the day that the FCHD staged its stock-photo-op in front of Bank Street Brewhouse, there was no "normal" inspection of the premises.

Dissembling is a part of the subterfuge, for sure, but can't they at least do it artfully?

ON THE AVENUES: When the whip comes down.

ON THE AVENUES:  The fruitless search for adults in county government.  When the whip comes down.

A weekly web column by Roger A. Baylor. 

See Jerod Clapp's solid News and Tribune piece

---

The cracks rapidly are turning into fissures, and it’s only a matter of time until the baseless edifice begins crumbling.

Neutral observers from here to Ulan Bator agree that the Floyd County Health Department quite clearly is losing ground, and rapidly, as PourGate 2013 enters its third month.

You’re more likely to uncover an atheist in Dave Matthews’s root cellar than find anyone outside of a lone figure on a Floridian grassy knoll who believes this saga hasn’t brought abject disrepute to Floyd County … but why focus on the obvious major themes when seemingly minor details can be so deliciously instructive?

As you may recall, Dr. Thomas Harris was oh-so-lordly-dismissive when quizzed by Eater Louisville’s Zach Everson about a government actor's webiquette.

"I'm pretty sure that was an accident," said Dr. Tom Harris, Floyd County Health Officer, pointing out that the picture was labeled "stock photo." When told that an NABC Bank Street Brewhouse employee witnessed the photo shoot the Wednesday before it was posted, and asked how many restaurant pics the Floyd County Health Department's photo archive contained and that Floyd County is 148 square miles, was it really an accident that its most recent website photo was taken in the 10 feet in front of the NABC Bank Street Brewhouse, Dr. Harris said that it was his department's prerogative to post what it wants on its website.

If this week’s bumbling deletions are any indication, Dr. Tom was mistaken.

On Monday, the FCHD was notified of NABC’s cease and desist demand, with accompanying tort claim notice. By Tuesday afternoon, the department had gotten the message, and it began somewhat belatedly exploring the esoteric nuances of a Word Press blog platform. It was time for the good doctor to put away the leeches and make a date for the modern world, except that it wasn’t quite so easy to be weaned from the patent medicine.

Having resolved to substitute a photo of me for the previous actionable view of the departmental truck parked illegally on the street adjacent to Bank Street Brewhouse, and to drop the E.coli incitement text in favor of dated and disingenuous agitprop, whomever was handed the site keys and password could do no better than add the new photo beneath the old, swap texts, and fail to discern how the heading might be replaced. It was a muddle, even by the department’s messy standards.

A few hours later, the riddle of removing the old photograph finally was solved, with the comic result that the health department now claimed to be protecting the integrity of county-wide food safety from the wiles of that nasty green-clad Communist with the beads in his beard.

---

In the end, it took two legal documents, three days, multiple web site makeovers and a friendly note from me to the FCHD's web site host/admin on Wednesday, and the malicious and defamatory photo of the FCHD's photo finally disappeared. So did the photo of me, one deployed weekly here on my blog as the face of my column.

Actually, I hated bothering the site administrator about it, but after all, as rigorous sticklers for the rule of law and common savior’s etiquette, the FCHD never actually asked my permission to use the photo it cribbed from NAC. I appreciate the admin’s prompt and professional attention to niggling detail.

All that's left now on the front page of the FCHD web site is the corrected header and the new text, and while it isn’t E.coli, it's vastly misleading in terms of the department's creative depiction of its Keystone Kops-like public access "compliance," which in fact was a masterpiece of sneering evasion, but I guess we need to let them score a point every now and then -- just to keep the game interesting. 

---

With more dust settled, and smoke clearing, let's be clear about where we stand. 

As county government vacantly wheezed, merrily whistled, rolled puffy eyes and scratched butts in a pre-Camm III stupor, its health department ineptly staged a defamatory "stock photo" and posted it, leaving the photo and E.coli text on a government web site for two full weeks, clearly causing damage to my business, and making just about any rational person ask:

Is anyone in charge here?

In short: Your tax dollars at dork, as opposed to work.

Now the photo finally has been deleted, and yet we've yet to the see the apology mandated in NABC's legal action, although it might constitute a welcome start toward rehabilitating the department's oft-self-shot feet.

As of yesterday, it's been two months since the health department operative first appeared in the alley by Bicentennial Park to cite NABC for failure to possess a temporary food service permit that we don't need to have. Insofar as this error of the department's judgment is concerned, I'm reasonably confident of it being sorted out sooner rather than later, at higher Indiana state pay grades than either mine or Dr. Harris's.

So be it. Too much time already has been lost to this foolishness, but perhaps the time has arrived to view the situation in broader focus.

What have we learned about Floyd County government, overall?

Healthblogger may need to instigate a mass narcoleptic prescription before we’re able to tackle that one, although these latest returns … well, they’re not at all encouraging, are they?

Solid News and Tribune story places spotlight on the Health Department's chronic disingenuousness.

Chalk up another local media hit, as Jerod Clapp does a great job with difficult material.

If there is a soul alive who believes the department's staged photo was some sort of coincidence,. indly refer him to me.

I have an ORBP to sell to him.

Battle brewing in New Albany over website photo; Health department subject of tort claim notice from brewery owner, by Jerod Clapp (News and Tribune)

... Rick Fox, the attorney for the department’s board of directors, said he just received the tort claim on Tuesday and hasn’t met with the department’s board to discuss it yet.

But he said to make sure there weren’t any misconceptions about the photo and the associated post on E. coli, they decided to take it down.

“They removed the photo, not in that the health department had done anything wrong, but we most certainly don’t want to give the wrong idea,” Fox said. “If they think someone’s getting the wrong idea, we don’t want to do that. As I understand it, the Floyd County Health Department truck was just showing that they were doing their normal inspections. Those [inspections] are subject to public review, the truck could have been in front of any business.”

Tom Harris, Floyd County health officer, did not return phone calls for this story as of press time.

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

Well, THAT was fun ... and there's more to come, so let's review.

From about July 29, the following image (with banner and text) was displayed at the health department's web site.

At daybreak on Tuesday, it had been a full day since NABC's legal team utilized the usual certified channels to inform Floyd County's commissioners and the county health department of our cease and desist demand and tort claim notice, both pertaining to the infamously staged and defamatory tableau above.

We decided to combat county government's traditionaly stubborn opaqueness by letting the community know exactly what was coming down, as summarized here:

A cease and desist, a tort claim notice, and Dr. Tom at large.

While the record-setting hit count blog turnstile spun, apparently the health department's elephantine gears were beginning to show signs of nudging ever so inefficiently, with the result that by 3:30 p.m., there was a departmental website alteration, which was described here: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

The "stock photo" that wasn't remained, as did the banner, but a smaller headline was appended with new text detailing public access news reported here at NAC roughly three weeks ago. Timely they're not. And yet the cleverness wasn't over. Around 10:00 p.m. yesterday, the web site underwent a second change. Now the Floyd County Health Department is working to keep food safe from Roger -- not E coli.

As Typhoid Roger, a veritable human pathogen, my legend as anti-hero now is cemented -- seared into the memory of all those gazing at the health department's web site, and thinking to themselves: Is this REALLY local government at work?

Amid the health department's renewed efforts to make this summer's seminar into something personal, permit me to point out yet again what it's really all about:

The New Albanian Brewing Company’s (NABC) is in a bit of a tiff with the Floyd County Health Department (FCHD). The spat was prompted by the FCHD, and it’s all about Indiana law, and whether the law considers beer to be food.

As much as I'd like to spend the day monitoring the health department's web site to see what sort of Animal House throwbacks are posted next, it's time to drive to Indianapolis for a Brewers of Indiana Guild quarterly meeting, during which there'll be the chance to receive updates as to our progress on the state front.

In the meantime, you are encouraged to let the principle players in this melodrama know what you think. Is character assassination on a govenrment agency's web site really the best use of tax dollars? Is this really the style of county government we need?

Write the commissioners here: commissioners@floydcounty.in.gov ... and write the FCHD’s Dr. Tom Harris here: tharris@floydcounty.in.gov

It's highly doubtful that any of them will reply, but please let them know where you stand.

Now the Floyd County Health Department is working to keep food safe from Roger -- not E coli.

Earlier today, I posted this:

A cease and desist, a tort claim notice, and Dr. Tom at large.

It is clocking somewhere around 1,500 unique hits as of 9:45 p.m. Note that this is an all-time, one-day record for this blog.

Then, there was this:

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

It is pushing 800 hits. The total of unique hits scattered among six postings at NAC today and one last evening is in excess of 3,500. Verily, quite a few people are reading.

We now know that at roughly 3:00 p.m. today (Tuesday, August 13), whichever web wizard is deployed by the Floyd County Health Department, and paid with ice cream from Zesto, had altered the approximate surroundings of the photographic image that prompted NABC's cease and desist demand and accompanying tort claim notice. The title and actionable photo remained, only to be removed somewhere around 9:00 p.m. tonight.

Well, that's half the cease and desist demand. We as yet await Dr. Tom's heartfelt apology. The hilarious part about it is that now, my devilishly handsome and beaded mug remains attached to the same old banner headline about food safety.

Dude, how many times does it take to get it right?

Here's how the FCHD's page looked for the past two weeks:

And here's what it is was for about six hours today:

Reminder redux: THIS IS YOUR FLOYD COUNTY GOVERNMENT AT WORK.

I believe I hear pathogens dancing in the streets.

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

Earlier today, I posted this: A cease and desist, a tort claim notice, and Dr. Tom at large. As of 3:30 p.m., it has attracted 1,200 unique hits, four times the norm. Thanks for reading, and thanks to A for pointing out a new twist.

As of roughly 3:00 p.m. today (Tuesday, August 13), it would appear that the Floyd County Health Department has altered the surroundings of the photographic image that prompted NABC's cease and desist demand and accompanying tort claim notice.

The title and actionable photo remain.

The leering, junior highscapades reference to E. coli is gone, replaced by a strange press release telling the public what was reported here at NA Confidential several weeks ago: When the FCHD complied at the 11th hour in late July with the terms of NABC's Indiana Public Access records request, the complaint we filed as an inducement to observe legalities was no longer in play.

Duh.

Here's how the FCHD's page looked for the past two weeks:

And here's what it is now:

Hmm. With no photo removal and no apology, me thinks this "change" constitutes a rejection of the cease and desist, although considering the ongoing absence of adults on the FCHD campus premises, it's really hard to say, isn't it?

Given the "juvenile" nature of the FCHD's website hijinks, perhaps it bears reminding readers: This is a government agency at "work."

Really.

A cease and desist, a tort claim notice, and Dr. Tom at large.

3:45 p.m. update: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

I asked this question last Thursday.

ON THE AVENUES: The fruitless search for adults in county government.

As you think about (the health department's web site photo), bear in mind that the FCHD is a government agency. Are you in favor of a government agency using tax dollars for harassment of this fashion?"

I was in route to Wisconsin for the Great Taste of the Midwest as Eater Louisville picked up on the story.

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

It already was obvious that something would have to be done, and so yesterday the certified letters went out.

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

Perhaps the Commissioners might be persuaded to take a gander at what's happening on their watch?

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."

Thanks to everyone who held the fort as NABC celebrated the GTMW. Now it's back to the ramparts.

Dr. Tom "Dean Wormer" Harris was colorfully flippant while speaking with Eater's Zach Everson:

"Dr. Harris said that it was his department's prerogative to post what it wants on its website."

But yet again, the MD displays ignorance as to those tiny niggling details in life ... like the law. When his health department underlings posted their "stock photo," the ante was upped. NABC is more than willing to call the bluff. Game on, ladies and gentlemen.

By the way, has anyone seen Mark Seabrook or Steve Bush lately? I'm thinking they just might be ready to emerge from the bunker.

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."

3:45 p.m. update: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

Every now and then in the search for adults in county government, one must ring the doorbell and loudly knock.

Consider it done.

By Thursday, perhaps sooner, there'll be news from the state level as to the disposition of the FCHD's temporary permit usurpation. That's because this is a struggle on multiple fronts.

... The Claimants make the following claims against the Floyd County Health Department, Dr. Tom Harris (in his individual and official capacities), and any other responsible employees of the Floyd County Health Department (in their individual and official capacities):


I. Defamation – libel per quod
II. 42 U.S.C. § 1983 action for violation of the First Amendment to the United States Constitution due to adverse action by a state actor designed to retaliate against claimants for engaging in constitutionally protected speech activity.

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

3:45 p.m. update: Floyd County Health Department adds photo of handsome devil to its web site, but retains actionable photo.

Just the words, ma'am.

Sent via Certified Mail along with Tort Claim Notice

August 2, 2013

Floyd County Commissioners
Pineview Government Center
2524 Corydon Pike STE 204
New Albany, IN 47150

Floyd County Health Department
1917 Bono Road
New Albany, IN 47150

Re: Cease and Desist – New Albanian Brewing Company/Bank Street Brewery

To Whom It May Concern:

I write to inform you that I represent the New Albanian Brewing Company and the New Albanian Bank Street Brewery. Please find the enclosed Tort Claim Notice.

On behalf of my clients, I demand that the Health Department immediately remove the photograph referred to in the Tort Claim Notice and post a corrective statement on the Floyd County Health Department website. The photograph, in the surrounding context, violates both state and federal law, as it comes from a government actor and amounts to both defamation and a violation of the First Amendment to the U.S. Constitution.

We expect better of our government. Thank you.

Sincerely,


Brandon W. Smith
BWS
Enclosure (Tort Claim Notice)