Lafayette Update
Lafayette man files appeal in slander case against councilman
August 20, 2008
By Sophia Voravong • svoravong@journalandcourier.com
A Lafayette man will appeal a judge’s decision to throw out a defamation lawsuit the man filed against the city of Lafayette over remarks a councilman made to the man’s employer.
Donn Brown, a driver for CityBus, filed the civil complaint for slander in February in Tippecanoe Circuit Court. Judge Don Daniel dismissed the lawsuit in July on grounds that Brown did not file notice of tort claim.
This typically must be filed within 180 days before a lawsuit can be filed against a county, city, town or similar government bodies, Daniel noted in his decision.
Brown on Tuesday filed a notice in Tippecanoe Circuit Court that he plans to appeal the judge’s ruling.
He argues that notice of tort claim is required only if the person suing has suffered a loss.
Brown asked for punitive — not compensatory — damages.
Indiana statute, for the purpose of tort claims, defines loss as “injury to or death of a person or damage to property.” Brown thinks that should be strictly interpreted.
A message was left Tuesday on a cell phone number for city attorney Ed Chosnek seeking comment.
“What I truly want is for the city to adopt a rule that bans city council members from calling the employers of citizens who speak out at council meetings,” he said.
“I want to be able to speak at a council meeting without having to look over my shoulder.
The basis of Brown’s lawsuit stems from a phone call he claims city councilman Kevin Klinker, D-at large, made to one of Brown’s bosses at CityBus, asking whether Brown was emotionally unstable.
In his original complaint, Brown also accused Klinker of telling CityBus that he felt threatened and was considering whether he should get a restraining order.
About three weeks earlier, Brown had spoken before the Lafayette City Council against the adoption of a citywide smoking ban.
The ban has since been approved and will take effect next month.
Brown said Tuesday that he is pursuing an appeal because he believes Klinker’s actions could harm citizens’ rights to speak in opposition during city council meetings.
“This issue is bigger than Donn Brown,” he said.
“This is a First Amendment issue.”
Lafayette City Councilman Considers Smoking Ban Ordinance
September 27, 2007
A Lafayette City Councilman says he will push for no smoking laws on his side of the river, after the general election.? Democrat Ron Campbell says he wants the city of Lafayette, to follow not only the West Side, but several other states, and pass a no-smoking ordinance.? Campbell started voicing his desire for a smoke-free city shortly after the November Elections four years ago.
But he says on a council of 8 people, four were against a no smoking ordinance and four were in favor.? “I brought it up just shortly after the last election at one of the caucuses and I
ascertained at that point that we didn’t have enough votes.”
Campbell says he decided not to push the issue, and never sponsored a smoking ordinance.
But he says two of the council members, Republicans Jack Rhoda and Dennis Probasco, are
not seeking re-election, and Campbell says that could change things.? “I respect both of them very highly but I think both of them were opposed to a no smoking ordinance and they are going to be replaced.”
Lafayette Mayor Tony Roswarski said in a political forum Monday night, that he believes the city
will adopt a smoking ban in the next year and a half.? Campbell says he will sponsor the ordinance, if he believes there will be enough votes in favor.? “I don’t want to beat my head against the wall for no real gain or purpose I strongly feel that this should be supported by people and I strongly feel that if we get the right people on the council it will be supported.”
Both Jack Rhoda and Dennis Probasco say they would never support a smoking ban in the city of Lafayette.? For a smoking ban to pass in Lafayette, at least five of the nine city council members would have to vote in favor.
Campbell is a 36 year veteran of the Lafayette City Council.? He’s being challenged by Republican Brian Synder.
