Author Archive for David

Bar Owners Taking the Mayor to Court

David Schiele

Reporter, 5 Rights News

This is not the first time bar owners have gone to court, but this time, they are doing it together.

Ten bar owners and two individuals filed a lawsuit against Indianapolis Mayor Greg Ballard and his city council members on Wednesday, in an attempt to get rid of the smoking ban. They say the ban violates their constitutional rights.

Bar owners claim that they are losing money since the ban has been in effect. Apryl Smith, owner of the Catalina Bar in Glendale, can attest to that.

“[Customers] said they’d rather grab some beer and stay home if they can’t smoke in the bar,” Smith said.

Bar owners previously tried to file a suit against the mayor, but due to the lack of an attorney, the court threw out the lawsuit. Now the bar owners have hired attorney Mark Small to pass the persecution.

“Local business have been hurt, it’s the small bar owners, it’s the small businesses that are hurt by legislations like this,” Small said.

The difference between this case and the attempted case thrown out is that the current lawsuit is filed as a federal case.

“If we don’t prevail here at the United States District Court, we’ll seek a certificate of appeal ability and take this matter to Chicago,” said Small meaning he is willing to take this case to Supreme Court if necessary.

The bar owners plan to use the 9th Amendment in their persecution against the mayor. This will be the first time that amendment is used in an anti-smocking ban case.


NBA Lockout is ON

By David Shiele

5 Rights | staff writer

Around 12:01 A.M EDT on July 1,the NBA locked out its players due to a failure to come up with a new Collective Bargaining Agreement. Despite a three-hour meeting on Thursday, June 30, the players and the NBA owners could not close the huge gap between them.

The two sides will meet again in the next two to three weeks.

They’ve been discussing reducing the players income percentage from 57% down to 54.3%. That would add up to players losing $500 million over the course of five years. But 90% of players get paid from Nov. 15 – April 30, so a percentage change won’t have an imediate effect.

“We’re going to stand up fro what we have to do no matter how long it’s going to take”, says Thunder gaurd Kevin Durant about the issue.

Because of the lockout now being in effect, Free agency, which would have started July 1, is now on hold. The NBA’s summer league has also been cancelled.

NBA commisioner, David Stern, and NBA leaders are willing to give a $1 million fine and a loss of draft picks to anyone who violates the lockout.

The previous NBA Lockout was before the 1998-1999 season, and reduced the season to only 50 games. That was the first time the NBA had ever missed games due to a work stopage.

This would be the second lockout of 2011, as the NFL locked out its players in March. The NFL is still in talks to renew their Collective Bargaining Agreement.




Hoosiers in the NBA Draft

By David Shiele

5 Rights | staff writer

The NBA held its annual Draft this past Thursday –  and for the Indiana Pacers –  a former Indiana native is coming back home to play for them.

George Hill was traded to the Pacers for the 15th overall pick Kawhi Leonard and the  42 overall pick.. Davis Bertans. Hill went to Broad Ripple High School and graduated from I-U-P-U-I.

Other Hoosiers had their share of the spotlight during the draft. Butler University star Shelvin Mack was drafted in the second round to the Washington Wizards. His teammate Matt Howard is still waiting to be drafted. Purdue star JuJuan Johnson was traded to the Boston Celtics after being drafted by the New Jersey Nets. He’ll join his Purdue teammate E’Twaun Moore in Boston.