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 Volume 47: November 15, 2010
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Project RAD White Paper: Analysis of ATC Permit Reviews
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The Project RAD communications team is close to completing an analysis of 171 alcohol permits filed by Walgreens with the Indiana Alcohol and Tobacco Commission. The mass filing by one out-of-state corporation chain is unprecedented in the agency's history.
Some permits in Marion County are still yet to be heard by the local board, including a few remaining stragglers scheduled for January hearings.
In Phase One of this project, Project RAD filed several public records requests that produced 2,226 pages of state-maintained documents.
The next phase of the review will include interviews with people around the state.
As far as we know, no overview of this kind has ever been done before.
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The Election is Over: Now What?
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The election is over. So what does that mean to Indiana taxpayers and voters? Hard to tell, except to say: Be prepared. If you'd like to be better informed as to how state government spends its fees and taxes collected from you, here is a handy resource.
This link provides you with annual reports for fiscal year collections and expenditures. You can download any of these lengthy reports in a PDF format to the desktop of your computer.
The state's Legislative Services Agency updates this book of information every fiscal year. If you have time, it's worth a look. If you don't want to read all 300-plus pages, you can scan the table of contents and check what you are most interested in - or what concerns you the most.
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Project RAD Helps a Community Partner Out
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Project RAD has provided PSA materials to the Hendricks County Drug Abuse Task Force, which operates an underage drinking tip line.

The message: Your Kids. Your Community. Your Call.
The poster and billboard campaign was donated to the Task Force to help publicize the community group's successful campaign targeting underage drinking. The Task Force, which includes area law enforcement agencies, sponsors a telephone number where anyone can anonymously report underage drinking activity in the area.
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How People Feel about Responsible Retailers
| Many of our supporters, advocates and elected officials sent us positive comments this past week when the Indiana Association of Beverage Retailers made state and national headlines in calling for a ban on the sale of high-alcohol, high-energy beverages.
If you don't think the public is paying attention, here is a comment posted from a reader in Fort Wayne:
It is great to see a retailer step up and be responsible. Too many business people place profit above all else. Gary Gardner and Belmont Beverage are to be commended, society needs more socially conscientious businesses like this to step up and do the right thing on their own, instead of waiting for the government to take action.
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On Sunday Sales in Indiana: Star Says Not Likely
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The Nov. 7 edition of Sunday's Indianapolis Star predicts that the initiative led by Kroger to expand alcohol sales to 7 days a week in off-premise retail outlets may be dead. The Star writes in its page one article: "Attempts to allow Sunday sales of alcohol in Indiana were well-received by moderates in the House. But with more conservatives and GOP control, this is not likely to pass anytime soon." The state's largest newspaper instead predicts that the primary issues most likely to gain traction are as follows: a constitutional amendment to ban gay marriage, education reform initiatives, a ban on abortions funded by taxpayer dollars, and immigration issues. As we know, nothing is certain in the Indiana General Assembly until sine die (the Latin term for official adjournment).
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Recent Indiana Editorials Worth Reading
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Evansville: Parri O. Black on Youth First's study of underage drinking habits in Gibson, Posey and Warrick County. Click here.
Indianapolis: Marion County Drug Free Board President Charlotte Pontius' take on drunk driving and Indiana's alcohol regulations and laws. Click here.
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FREE Webinar from Center for Alcohol Policy
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Please join the Center for Alcohol Policy for a Webinar focused on the dangers presented by alcohol deregulation. Former Oregon state alcohol regulator and current CEO of Public Action Management, PLC, Pamela Erickson will examine the deregulation that has taken place in the United Kingdom over the past several decades and discuss the problems that have occurred as a result. Erickson will use the example of what has gone wrong in the United Kingdom as a cautionary tale for what some special interests are trying to accomplish through alcohol deregulation here in the United States. This is a complimentary Webinar sponsored by the Center for Alcohol Policy.
(Pam is also a partner in Project RAD and testified before an interim study committee of the Indiana Legislature last year.)
After registering you will receive a confirmation email containing information about joining the Webinar.
Space is limited. Click here and reserve your Webinar seat now. |
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Industry News: First Retail Law Conference Launches
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The Retail Industry Leaders Association (RILA) and the Retail Litigation Center (RLC) launched the inaugural retail-specific law conference in Tampa this month.
The 2010 Retail Law Conference united high-level legal counsel from across the United States, addressing issues on ethics, legal implications of social networking, employment law and privacy, litigation management such as "e-discovery issues," intellectual property issues, and product safety.
The RLC, which launched in March, participates in both state and federal cases and weighs in on important legal issues. Membership is open to all retailers and other retail-connected entities.
The Retail Litigation Center has its own board of directors, chaired by Janet Dhillon, EVP, general counsel and secretary for J.C. Penney Co. Inc. Additional board members are Timothy Baer, EVP and general counsel, Target Corp.; David Goldston, SVP, general counsel and secretary, Jo-Ann Stores Inc.; Susan Lanigan, EVP and general counsel, Dollar General Corp.; Samuel Reeves, EVP and general counsel, Walmart US, Wal-Mart Stores Inc.; and Michael Veitenheimer, SVP, secretary and general counsel, Michaels Stores Inc. |
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PA Parent Gets Jail Time for Underage Drinking Party
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A 46-year-old mom in Pennsylvania has landed jail time for reportedly ignoring a teen keg party in her own home.
A judge sentenced Kathleen Tompkins to 30-days to 23 months in the county jail for a child endangerment charge. She was charged because one boy became seriously ill and was transported to Abington Memorial Hospital where he was treated and released for over-intoxication.
The judge said he discounted Tompkins' testimony that she didn't know the teens were drinking, despite her acknowledgment she knew a keg of beer was in the basement.
Read the full story here.
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What Lawyers are Advising on Underage Drinking Parties
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Here's an excerpt from the Appelman Law Firm blog on a recent case in Florida:
Around 12:30 a.m. on Sunday, October 10, Shlomo and Jeannie Rasabi were arrested for hosting an "open house" party at their $7.5 million Florida estate for 600 high school teenagers. Prior to that evening, the Rasabis agreed to hold a homecoming get-together for their two teenage sons and some of their friends from the prestigious American Heritage School.
The party quickly got out of hand. Police arrived to find roughly 100 minors partying on the front lawn, dozens vomiting in the street, and four girls passed out in front of the house. Upon entering the home, they discovered 500 more minors freely consuming alcohol.
Shlomo and Jeannie were locked in their bedroom, where they had apparently been all night as 500 teenagers partied in their home. Shlomo told the arresting officer that he was unaware that all the kids were on his premises and denied providing the alcohol. Jeannie Rasabi reported that she did sanction the event, but was under the impression that only 150 students would be attending.
"The Rasabis' 'play dumb' alibi is weak at best," says Avery Appelman, a criminal defense lawyer practicing in Minneapolis. "Their defense attorney's primary objective should be helping them develop a strategy for communicating with their kids about the dangers of underage drinking."
Even if the Rasabis can prove they didn't provide alcohol at the party, they will still be in legal hot water. Florida, as well as Minnesota, law states that adults are held criminally accountable when they fail to halt underage drinking in their homes. As a result, the Rasabis could feasibly be charged with 500 underage drinking violations-all gross misdemeanors, as well as disorderly conduct, and public nuisance infractions.
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Visit our website: Project RAD www.ProjectRAD.com
| Visit our partner blog: Save My Sunday www.SaveMySunday.com |
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