Evansville Sued for Violating Gun Owner's Rights

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  • Titanium_Frost

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    Feb 6, 2011
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    Southwestern Indiana
    In the beginning I had to sit back and read the newspaper print stories that were complete Fabrications and people's opinions that weren't there and didn't know me. They were completely off base.

    Now that it's over the real pros comes out and it seems like they were in the conference room with us, lol.
     

    T.Lex

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    Mar 30, 2011
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    I can imagine that the signal-to-noise ratio was pretty bad at times. :)

    Thanks again for shouldering a heavy load, for a long time, for the greater good of Indiana gun carriers.
     

    jedi

    Da PinkFather
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    51   0   0
    Oct 27, 2008
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    NWI, North of US-30
    In the beginning I had to sit back and read the newspaper print stories that were complete Fabrications and people's opinions that weren't there and didn't know me. They were completely off base.

    Now that it's over the real pros comes out and it seems like they were in the conference room with us, lol.

    oh come now tf. just admit that you had everyone sign the nda so that we would not see the video of the 5 year old girl taking you down with your own sidearm. ;)
     

    24Carat

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    Aug 20, 2010
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    Newburgh
    In the beginning I had to sit back and read the newspaper print stories that were complete Fabrications and people's opinions that weren't there and didn't know me. They were completely off base.

    Now that it's over the real pros comes out and it seems like they were in the conference room with us, lol.

    Conrats Ben ! Seems like forever ago we talked about this fiasco at work. I'm still royally pissed about a couple of their tactics! All things said and done, I am ecstatic with the outcome !!
     

    WebHobbit

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    May 3, 2011
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    Spencer County
    Congrats to Ben and Guy! Too bad you couldn't have forced them to apologize publicly and/or make a PSA to air on local TV explaining how the carry laws work in Indiana!
     

    IndyDave1776

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    Jan 12, 2012
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    First, congratulations. You can now go on with your life and presumable do so without *some people* being the pain that they spent several years being.

    Second, how in the universe is it even legal for an agency of government to have an NDA? After all, that seems to fly in the face of being an expression of the citizens who support that government in an allegedly free and open society.
     

    actaeon277

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    4   0   0
    Nov 20, 2011
    92,864
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    Merrillville
    First, congratulations. You can now go on with your life and presumable do so without *some people* being the pain that they spent several years being.

    Second, how in the universe is it even legal for an agency of government to have an NDA? After all, that seems to fly in the face of being an expression of the citizens who support that government in an allegedly free and open society.

    I agree.
     

    T.Lex

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    Mar 30, 2011
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    Could details of an NDA be discovered with a FOIA request?


    My own opinion is somewhat different.

    There's a case (Knightstown Banner v. Knightstown, IIRC) that suggests settlement agreements could be disclosable pursuant to an APRA request. (APRA is the Indiana version of FOIA.)

    One issue would be who to ask, though. The city and the parks department might both have documents related to the settlement. Also, the clerk's office might have some documents related to any payouts for the insurance deductible (or the actual payout if there isn't insurance).

    ETA:
    Dang! Haven't looked at this stuff for awhile.

    https://www.in.gov/pac/advisory/files/10-FC-219.pdf

    However, in 2005 the Court of Appeals in Knightstown Banner, LLC v. Town of Knightstown, 838 N.E.2d 127 (Ind. Ct. App. 2005) (“Knightstown”), held that because a private entity created a settlement agreement for a public agency, the settlement agreement was a public record subject to disclosure under the APRA. Id. at 1134. The Court did not find that the language “created, received, retained, maintained or filed by or with a public agency” in I.C. §5-14-3-2 excepted from the definition records created for or on behalf of a public agency. Furthermore, the Court said it would amount to a tortured interpretation of the statute if private attorneys could ensconce public records in their file room in order to deny the public access. Id. at 1133. In other words, where records are created or maintained for a public agency but kept in the possession of an outside entity, the Court of Appeals ruled that the agency is obligated to retrieve the records and make them available for inspection and copying upon request.

    https://www.in.gov/pac/advisory/files/12-FC-247.pdf

    [FONT=&quot]It is my opinion that a settlement agreement entered into between a public agency and a current or former employee is not the type of record that may be ;exempt from disclosure pursuant to I.C. § 5-14-3-4(b)(8). In light of the description of files contained in the general retention schedules adopted by the Indiana Commission on Public Records, theruling in Knightstown, and the openness and transparency that the APRA was intended to promote, it is my opinion that the City cannot deny a request for the settlement agreements in reliance on I.C. § 5-14-3-4(b)(8).[/FONT]
     
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