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 Post subject: Ad angers mayor; attorneys disagree on ad's legality
PostPosted: Fri Jul 01, 2005 10:51 am 
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HAMMOND | A full-page newspaper ad alleging a new sporting retailer would increase crime on Hammond's streets angered Mayor Thomas McDermott Jr. but has drawn mixed assessments from county attorneys.

The mayor said the ad, which opposes the potential sale of Woodmar County Club to Cabela's Inc., was not legal because it was paid for by a political action committee that doesn't exist.

Two county attorneys were split on the ad's legality.

"GUNS GUNS GUNS coming to a store near you -- if Mayor McDermott has his way!" the ad proclaimed in Thursday's editions of The Times.

"Maybe it's time the mayor start looking at alternative proposals for tax reduction and not at another means to increase crime in our neighborhoods," the ad said.

The ad's financiers, "concerned citizens of Northwest Indiana," are not registered with county or state election boards. Brian Essary, of Munster, who placed the ad, declined to comment.

"I think the ad was put in the paper to inflame the public," McDermott said. "I imagine whoever is behind it is very interested in the 2007 mayoral election. I really think the primary purpose of the ad was purely political."

The Times' advertising department would not release the name of the person who placed the full-page ad, but The Times news department independently confirmed Essary was its author. Essary would not comment on whether he had political intentions for the ad.

Attorneys on all sides of the issue agree that state law requires any committee intending to collect or spend money to influence a political race or ballot question must disclose its existence and finances to election officials.

But it's a matter of debate as to whether the ad was intended to influence McDermott's run for a second mayoral term in 2007, which he has already announced.

Cabela's officials have sought to buy the 93-acre private golf course, most recently offering $12 million in an offer expected to come up for consideration in July. Woodmar County Club's membership has voted to reject two lower purchase offers, and members say the issue has created schisms in the club's membership.

Cabela's is a national retailer of outdoor sporting goods, including a large assortment of firearms. Most of the shotguns, rifles and handguns sold by Cabela's are intended for hunting, although the store does a small business selling handguns for personal protection, company spokesman David Draper said.

"What makes America great is the First Amendment," Draper said. "They have the right to say this ... what's defending that right is the Second Amendment, the right to bear arms."

Thursday's ad alleges that the Cabela's store would become the state's largest gun dealer and intimates the store would increase crime in Hammond.

Officials from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives -- the only agency that keeps tabs on the volume of Indiana gun sales -- did not return calls for comment.

"Criminals do not generally get their guns from sporting goods stores because of the background checks and waiting periods," said Amy Wigsmoen, a spokeswoman for the Hammond city Republican Party.

Draper said other communities where Cabela's has built its large stores have not reported increases in crime. He said he has not seen similar scare tactics in other areas where the store sought to locate.

Bruce Lambka, the Republican attorney for the Lake County Election Board, said he didn't think the ad was political because it didn't "expressly advocate the defeat of Mayor McDermott."

David Saks, the Democratic attorney for the board, said he had questions about the ad's legality because it tended to "activate" opposition to guns and McDermott. The board would investigate the matter if a complaint was filed, the attorneys said.

"The determination would be made when charges are brought," Saks said. "I wouldn't render a legal opinion now, but if you filled a room with 100 lawyers, you'd probably get a split decision."

nwitimes 7/1/05


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 Post subject: Guns aren't such a bad idea
PostPosted: Thu Aug 25, 2005 2:55 pm 
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I live in a county in GA where gun ownership is mandatory. Imagine that!
Check out the article. I know this doesn't speak directly to this post about the sporting store, but interesting just the same.

http://www.tysknews.com/Depts/2nd_Amend ... ummets.htm


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 Post subject:
PostPosted: Tue Nov 14, 2006 4:50 pm 
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Who cares who paid for the ad? Isn't a person allowed their 1st Ammendment right to free expression? Keep in mind I have supported the Cabela's deal.

But it's a matter of debate as to whether the ad was intended to influence McDermott's run for a second mayoral term in 2007, which he has already announced.

Ok you posted this July 2005 so at what point is a controversial issue not an attempt to influence the next election? ;)


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 Post subject:
PostPosted: Tue Nov 14, 2006 8:11 pm 
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the ad was printed right before the sale of the cc to cabela's was voted on. it was clearly an attempt to guilt some club members into voting to not sell and at the same time pressure mcdermott into not supporting cabelas so strongly.

as far as the legality goes. the issue was the fake name printed on the ad claiming responsibility. it would be perfectly legal to just print the ad without any name (since it wasnt during the campaign) but by printing a fake name...thats what brought the legality in question.

but other than that i agree. the opposition was free to buy any advertising they wanted. although i think its pretty clear the message on that one wasnt very credible. after all cabela's doesnt sell handguns.


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 Post subject:
PostPosted: Wed Nov 15, 2006 2:34 pm 
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It's all BS. We need Cebelas!

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THE TRUTH, and NOTHING BUT THE TRUTH, So help me GOD!


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 Post subject:
PostPosted: Wed Nov 15, 2006 2:37 pm 
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Ok, I guess I can see that point about the fake name since I assume they just made it up. Although you could almost make a similar claim when actors speak using their stage name except that they are generally known by that name.


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 Post subject:
PostPosted: Sat Nov 18, 2006 12:53 pm 
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Increase crime?

But I thought there wasn't any crime in this town...


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 Post subject:
PostPosted: Sat Nov 18, 2006 2:04 pm 
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Moby Grape wrote:
Increase crime?

But I thought there wasn't any crime in this town...


Depends on who's talking, the mayor or the citizens. ;)


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