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The Indianapolis Star from Indianapolis, Indiana • Page A12

Location:
Indianapolis, Indiana
Issue Date:
Page:
A12
Extracted Article Text (OCR)

A12 2014 1ST INDY STAR IS-0000026167 Find out more! Visit ITM.org today! Take the Harvest Train! Celebrate autumn with a trip to the farm on the Nickel Plate Railroad. Pick a pumpkin! Take a hay ride. Enjoy good food and activities! Seats go quickly! Looking for great things to do in October? Are your eyes dry, irritated or burning? Do you sometimes it hard to focus your eyes when you have been reading or using the computer for a long time? You may be able to participate in a research study to evaluate the safety and effectiveness of an investigational eye drop for the signs and symptoms described above. This study involves 6 Visits over 6 weeks Price Vision Group 9002 N. Meridian St.

Ste. 100, IN 46260 317-814-2996 18 or older No contact lenses during the dosing period In good health No eye drops during the dosing period Meet other requirements to participate in the study You may be eligible if: OBITUARIES The Indianapolis Star publishes basic and personalized obituaries for residents of Indiana, allowing families to commemorate their loved ones. The listing can be basic including the name, age, city of residence, and visitation details or it can be more personalized including a picture or emblem. A local funeral home can provide information including costs of obituary listings. Obituaries are coordinated by The Indianapolis ed Advertising Department.

Obituaries also appear online at Indystar.com/obituaries Dena Kaye Cleveland Barger 70, New Whiteland, died Sept. 27, 2014. Services: 9:30 a.m. Oct. 4 in Risen Lord Lutheran Church, Bargersville.

Visitation: 4 to 8 p.m. Oct. 3 in Jessen Funeral Home, Whiteland Chapel Entombment: Forest Lawn Memory Gardens, Greenwood. Louise Terry Batties went home to be with The Lord Friday morning, September 26, 2014. A Hoosier by adoption Louise came to Indianapolis with her family from Mississippi.

The youngest child of Curtis and Mary Terry, she had two sisters. Vivian Terry Moore and Willa Mae Terry Radliffe, all deceased. Mrs. Batties earned a Bachelor of Arts degree from Indiana University and Masters degree from Butler University. She pursued further graduate studies in the Divinity School of Chicago University, and completed two additional years of graduate study at Indiana University School of Law at Indianapolis.

In addition, she received an Honorary Doctorate from Butler University. While an undergraduate Louise was initiated into Kappa Chapter of Alpha Kappa Alpha Sorority, and served as Basileus of Kappa Chapter. Louise loved dancing as a child and adult and hosted an annual Easter Parade for Tots Tweens and Teens. Louise was married to Paul A. Batties, M.D.

and they had one son, Dr. Paul Terry Batties. She served as the Executive Director of the Phyllis Wheatley YWCA; was an active member of University United Methodist Church; founder of the Recorder Women's Charities; member of the Human Rights Commission, League of Women Voters, Metro Friends and host of other organizations. Mrs. Battles taught English at Arlington High School for a number of years.

Her passion was serving others in the community as an activist for social justice. A Celebration of Life will take place Saturday October 4 2014 at University United Methodist Church. 5959. Grandview Drive Calling will be from10 AM until 12 Noon. The Alpha Kappa Alpha Ivy Beyond the Wall Ceremony will commence at 12 Noon and the Funeral will begin immediately after.

She is survived by her son, Dr. Paul T. Batties; niece, Betty Jo Williams; nephews, George Dixon, Commissioner Mark Batties, III, and Attorney Thomas L. Batties; great nieces, Carla D. Johnson, Shawn M.

Batties, Robin L. Pritchett and Logan Batties; great nephews, Mark D. Batties, IV, George Dixon, III and Thomas L. Batties, II, and a host of other relatives and friends. Final Arrangements have been entrusted to Stuart Mortuary, Inc.

Moreobituarieson thenextpage Moreobituarieson thenextpage tanning booths. I ndiana Attorney General Greg Zoeller has oined other states in fil- i ng supporting briefs in hose cases that urge the court to rule on one side or the other. The factors that Zoeller considers in deciding when to get involved in acase from another state include whether a case affects state governments generally or a particular Indiana law, and whether he case involves a separa- ion of powers issue or a hreat to state sovereign- according to spokesman Bryan Corbin. U.S. Supreme Court has encouraged states through their state attorneys general offices to submit amicus briefs in cases of importance to state Corbin said.

The Supreme Court receives about 10,000 petitions each year and accepts about 75 to 80. uch of the pre-term speculation has focused on appeals from gay marriage cases from Indiana, Wisconsin, Utah, Oklahoma and Virginia. The appeals courts that cover those states have ruled the gay marriage bans are unconstitutional. Supreme Court Justice Ruth Bader Ginsburg said recently that the issue eventually will come be- ore the court. Butin an a ppearance at the University of Minnesota Law School, Ginsburg said there is no need for the Sup reme Court to to step while the appeals ourts have reached the same conclusions.

I that changes when the 6th U.S. Circuit Court Appeals issues its ruling on the gay marriage ans in Michigan, Kentucky, Ohio and Tenness ee, Ginsburg said, there be some urgency in he court taking the The 6th decision ould come this fall. As a practical matter, he court accept all If the appeal of he 7th U.S. Circuit Court of Appeals decision striking down the ordinance is not accepted, the businesses that successfully challenged the ordinance will seek to recover damages from the city that could top $1million. pointed out in our rief that we thought the ecision by the 7th Circuit as well supported by the vidence in the record and was a proper and correct said J.

Michael Murray, a Cleveland attorney representing the bookstores that challenged the ordinance. The court could begin announcing any day what appeals it will accept. The first oral arguments for the term begin Monday. There are no cases from Indiana already cheduled for a hearing, but Indiana has weighed in on cases from other states. Those involve: Whether a prisoner should be allowed to grow abeard for religious reasons.

Whether evidence of acrime found after atraffic stop is valid if the original reason for the traffic stop was not. Whether taxes on fuel used by railroads dis- criminateagainst the industry. What steps homeowners must take if they want out of a mortgage when a lender follow federal disclosure law. Whether a state regulatory board, whose members are chosen by dentists, can say that teeth- hitening services must be offered only by dentists, not by day spas or the pending appeals if it a grees to take up the issue, said Roberta Kaplan, an a ttorneywho successfully hallenged the federal an on marriage benefits for same-sex couples. want a half dozenor a dozenlawyers arguing in front of Kaplan said.

It affect the outcome whether case, or an appeal from another state, is elected. very hard to imag- i ne that the court will take a ny case in which the issue of the right of gay couples to marry in all 50 states is not squarely she said. Obamacare challenge Achallenge to another hot-button issue, Obama- care, also is pending. It is similar to one brought by Zoeller and 39 school districts that will be heard ct. 9 by a federal judge in Indiana.

Zoeller and the schools argue that subsidies for insurance plans bought through the health exchanges created by the Affordable Care Act should not be available in Indiana because the state chose not to run its own exchange. Stopping the subsidies would exempt employers from penalties if orkers use a subsidy to uy insurance because they provided insurance through their job. In a similar suit rought in Virginia, a three-judge panel upheld he subsidies in July. That decision has been app ealed to the Supreme Court, and Indiana has oined six other states in urging the court to take he case. Afederal district judge i Oklahoma ruled against the subsidies Tuesday.

A lthough a three-judge panel of the District of Col umbia Circuit Court of Appeals ruled in July that he subsidies are not legal i states that run heir own exchanges, the full appeals court is ehearing the case in ecember. am Kazman, general counsel for the Competitive Enterprise Institute, which coordinated and funded the challenges from Virginia and D.C., said it would be better for the Supreme Court to settle the issue soonerrather than later. One reason is hat the penalties for large mployers that offer ealth insurance to work- rs begin next year. have literally millions of employees and thousands of employers who have to make plans based on Kazman said. longer it is before we get a final resolution, the more those plans have been set and the more subsidies of questionable legality will have been distributed to people purchasing through the Power plant emissions Indiana is one of 23 states challenging a federal rule limiting toxic pollution, such as mercury, from coal- and oil-fired power plants.

The D.C. Circuit upheld the rule in April. That decision has been appealed by the 23 states and industry roups. he challengers argue that the Environmental Protection Agency properly consider how exp ensive it would be for utilities to comply with the ule. regulated comm unity believes it was completely irrational and i nappropriate for EPA to ignore the high said irstenNathanson, a partner with Crowell Mori ng who focuses on environmental litigation.

ill see if the Supreme Court latches onto ercury emissions, to which people are primari- exposed by eating contaminated fish, can cause neurological defects and other problems in very low concentrations. Indiana has issued warnings a bout the dangers of eating fish caught in the state. Adult bookstore restrictions Indianapolis has one last chance to defend its 2003 ordinance restricting operating hours of adult bookstores. he 7th Circuit ruled in anuary that the city show sufficient evidence that the ordinance reduced crime. In the appeal to the Supreme Court, the lawyers argued that the 7th standard for evidence was too high.

That decision, the lawyers wrote, to increase litigation dramat- i cally in that it imposes a much higher burden of proof on municipalities a nd contravenes previously uniform circuit pre- edent upholding hours of operation Murray, who repre- ents the businesses, said in his response that the appeals court and orrectly pointed out the weaknesses in the statistical evidence offered by he city to support its contention that the closing hours ordinance could be justified as a means to reduce armed robberies at the The companies have sought damages from the city for the loss of business from mid-2005 through late 2009, when the ordinance was enforced. That part of the challenge is on hold until the constitutionality of the ordinance is settled. The city said it could be it with a multimillion- ollar claim if it loses the a ppeal. A spokesman for ayor Greg Ballard said the city estimates damages could exceed $1mil- lion because of how long he case has been pending and because the adult bookstores will be entitled be reimbursed for legal ees. Email Maureen Groppe at ollow her on Twitter: mgroppe.

Justices Continued from A1 AP FILE PHOTO same-sex marriage case could be among ones that he Supreme Court could hear in its term starting Monday..

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