 The opinion, if allowed to stand, would serve only to thwart the will of the 454 voters who chose Mr. Foyst to represent them on the Columbus City Council.  Justices of the Indiana Supreme Court Dear Friends, Here's an update on an important legal development regarding my candidacy for the Columbus City Council seat for District 6. As many of you know, there has been an ongoing dispute concerning my eligibility, which has now been taken to the Indiana Supreme Court. Here’s a summary of the key issues we are addressing: 1. Key Questions for Review: - Validity of Candidacy: We are challenging the appellate court's decision that invalidated my candidacy due to a missed filing deadline. This case could set a precedent for how we handle ballot vacancies and whether minor procedural errors should affect election outcomes. - Conflict with Precedent: We question whether the appellate court's decision conflicts with existing Indiana Supreme Court precedents by ruling that I was not a candidate, despite meeting the necessary criteria. - Respecting Voter Choice: We argue that the appellate court's ruling undermines the principle of respecting voters' choices by focusing too much on procedural issues rather than the substantive outcome of the election. 2. Background Information: - Challenge Details: On July 26, 2023, my candidacy was challenged due to a late notice of caucus. The County Election Board upheld this challenge. - Filing and Nomination: Despite the challenge, I filed the required paperwork on August 24, 2023, was re-nominated by the Republican Party on August 29, and won the election on November 7, 2023. - Court Decisions: Although the trial court ruled in my favor, the Court of Appeals reversed this decision, declaring my candidacy void and awarding the seat to my opponent, Bryan Muñoz.* 3. Our Arguments: - On Candidacy Validity: We argue that the appellate court misinterpreted the rules by declaring my candidacy void due to the missed deadline. I was an effective candidate despite the delay, and minor procedural issues, like the clerk’s office closure, should not disqualify me. - On Official Status: We assert that the plaintiff’s judicial acknowledgment of my candidacy should be considered binding, and that the court wrongly ignored this acknowledgment. - On Voter Disenfranchisement: We argue that disqualifying me based on procedural issues disenfranchised the voters who chose me, especially given their awareness of the legal challenge. In summary, our petition to the Indiana Supreme Court seeks to address these concerns by advocating for procedural fairness, respect for voters' choices, and a proper interpretation of election laws. The ruling, in our view, ignored the voters' choice and should not be based solely on technicalities. If you would like to support me in this fight to defend your vote, please go to my Donate page to find out how you can contribute. Thank you for your continued support as we navigate this crucial issue. Sincerely,  
*According to reports, Mr. Munoz claims residency in District 6 with a "close family friend," even though he has sold his home in Columbus and is renting a place in Fishers. Indiana law requires that candidates live in their district both at the time of the election and throughout their term. The appellate court has instructed the lower court to declare Mr. Munoz the winner, but if he’s found ineligible, Mr. Thomas, the Plaintiff and Democrat Party Chair, says his party will select someone to represent the people of District 6 (See Motion to Stay).
 Following the recent appellate court decision, I made the difficult choice to abstain from attending Columbus City Council meetings. This decision was intended to avoid any potential chaos or distraction during city business as my attorneys and I determined our next steps.
With the case now submitted to the Indiana Supreme Court, my attorney, David Stone, has recommended that I resume my attendance at council meetings. For the past few weeks, the constituents of District 6 have been without representation, which I believe is unacceptable. I plan to resume attendance on Tuesday, September 17, barring any decision from the court that would prohibit my doing so. I am committed to fulfilling my duties and ensuring that the people of District 6 have a voice in our council’s proceedings.   My attorney, Jay Hoffman, has filed a Motion to Stay due to new information that shows Mr. Munoz no longer lives in District 6. The motion states:
You can download and read the entire motion below.
  The bowling fundraiser held on Saturday, June 8th at Columbus Bowling Center to help defray attorney costs associated with the democrat party's challenge to my candidacy was such a fun time. I want to thank everyone for their support and prayers for me and my family as we have navigated through this legal challenge. You can find out about where we are in the appellate process and read the brilliant brief submitted by my attorneys, David Stone and Jay Hoffman, here.                     This appeal is an attempt by Mr. Thomas the chairman of the Bartholomew County Democrat party to disenfranchise the 454 voters who voted for Mr. Foyst to represent them as their councilman. My attorneys filed a response to the Democratic Chair, Ross Thomas' appeal of Judge Lloyd's decision to deny Thomas' claim that I was ineligible to run for the District 6 city council seat. You can read the summation of the sequence of events going back to last summer when Thomas initially made his challenge to the Bartholomew County Election Board here and here. You can download a copy of the brief below. My attorney, Jay Hoffman, has advised me it could take up to 4-5 months for a decision to be made. In the meantime, I will continue to serve the people of District 6.
  I attended the State of the City address held on Tuesday, March 6 at NexusPark. The evening comprised of Mayor Mary Ferdon giving her remarks followed by a ribbon-cutting in the field house. One of the things the mayor talked about was the need for a new animal shelter. Plans are currently being revised to bring down construction costs. I serve on the Animal Care Commission. The next commission meeting will be held on Monday, March 11. To read about the State of the City Address, see more here.  NexusPark Ribbon Cutting   NexusPark held its donor appreciation reception on Monday, February 5. There was a toast and group picture. The evening ended with Columbus Express Soccer team playing their first games in the field house.  City Council will hear a second reading on rezoning of the property at 11th & Washington. The meeting starts at 6p.m. You can download the agenda here.
 Overlooking the soccer field and baseball diamonds with Columbus Park and Recreation Director Mark Jones  Basketball Courts Director of Parks and Recreation Mark Jones took me on a tour of NexusPark on Friday, January 26.
It was great to see it from the inside, after years of driving past it. NexusPark will serve as a community and destination facility, for sports, meetings, functions, shopping, dining and a medical facility. There is also a fitness center. I like how the planners of NexusPark and CRH were able to combine their ideas to create a seamless space that is architecturally beautiful as well as functional. You can follow the progress of NexusPark here. An open house is planned for mid-April. Click "Read More" to view a complete gallery of photos of the tour.   I attended the CRH at NexusPark open house on Tuesday, January 23. There was a brief presentation followed by a self-guided tour. Columbus Pediatrics, Sandcrest Family Medicine, and Doctors Park Family Medicine are just a few of the practices which will begin seeing patients. Tours will be given all week. I hope you can take the time to check it out.  Photo: Pixabay This case involves mostly undisputed facts, and ultimately the legal conclusion turns on matters of statutory interpretation. The legislature is presumed to act intentionally, and the analysis is nonpartisan. Plaintiffs request to declare the Defendant ineligible as candidate for the Columbus City Common Council, District 6, is DENIED. For those who have been following the lawsuit that was filed against me concerning my run for city council, you can download a copy of Judge Lloyd's decision.
 Photo Credit: The Republic I attended the meeting hosted by The Historic Downtown Neighborhood Association held last Wednesday at First Presbyterian Church. I appreciated hearing the questions and concerns of those interested in the historic houses and how the space may change downtown. It was helpful hearing from Rick Sprague and Hutch Shumaker about the current state of the houses. What I heard is that both houses are beyond repair. Mr. Sprague said the house he owns had been completely stripped and gutted inside by vandals. He has looked into moving the house, which he says would cost more than $100,000 to move two blocks. Mr. Shumaker stated Joe Willy's is suffering from structural damage. He said he plans to salvage as much as possible from the interior of the house, including the staircase. Whatever money he generates from the sale, he will donate to the restoration of Crump Theater. In regards to the city council meeting on Tuesday, the 16th, the question before the council is in regards to rezoning that land from commercial neighborhood to commercial downtown. City Planner Jeff Bergman explained at the meeting that the process entails a first and second vote. If the city council passes the first vote, city planners will then determine the feasibility of the rezoning then will bring the zoning change proposal for a second vote. This item is to assess the zoning of the property for future use only, whether it be Rubicon Development or someone else. Most of the properties surrounding the 11th and Washington Streets space are already zoned commercial downtown. I invite you to attend the city council meeting on Tuesday to listen in and voice your opinion
 Swearing-in ceremony held January 1 at Columbus City Hall. Photo Credit: Richard Gold It was a thrill being sworn in as your city councilor on January 1. I'm already gearing up for what's on the slate for the upcoming city council meetings. My immediate goals are to continue to learn the ropes of procedures and get acclimated to my newly appointed board positions. Currently, I'm serving on Animal Care Commission, Capital Improvements, Community Police Review Board and Parks and Rec Foundation.
At the swearing-in, I briefly mentioned the court challenge. We're still awaiting Judge Lloyd's decision. For a recap, you can read about it here.  Delivering Christmas Dinner. Thanks to Chris Rutan and The 9th Street Neighborhood Watch. For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counseller, The mighty God, The everlasting Father, The Prince of Peace. (Isaiah 9:6)  From L to R: Chris Bartels, Mary Ferdon, Kent Anderson, Jay Foyst, Josh Burnett, LuAnn Welmer I'm honored and humbled to be elected as your councilor for District 6. Knocking on doors and meeting many of you was a wonderful experience. I feel prepared and confident to serve you and our great city. Thank you!   The right of voting for representatives is the primary right by which other rights are protected. To take away this right is to reduce a man to slavery, for slavery consists in being subject to the will of another, and he that has not a vote in the election of representatives is in this case. ~Thomas Paine  Common Sense by Thomas Paine From the outset, my candidacy for city council has been challenged by Democratic Party Chair, Ross Thomas. You can read the latest about it here.
Thomas filed suit against me and the Bartholomew County Election Board to have me removed from the ballot from this past November 7th election. Election board counsel, Peter King, stated in their defense:
If Mr. Thomas has his way, he will ensure the seat goes to his party's candidate despite the resounding choice voters have already made. And, we the residents of District 6 will ultimately be the losers. The next hearing is scheduled for November 28 at 8:30 a.m.  That's me, c. 1970. Reed Funeral Home Sponsor Last year, Columbus City Council voted to upgrade to second-class status. The move came ten years after being eligible to do so, and will take effect on January 1, 2024.
According to Indiana law, cities with a population between 35,000 and 599,999 can elect to move into that category. Columbus' population was 50,474 at the 2020 Census, and was estimated to be 51,268 in 2022. If you're like me, this move feels bittersweet. I grew up in Columbus when it was half the population it is now. Many of the stores and businesses are now only fond memories. Times change and we need to change too. Let's cherish the past and create new memories for ourselves and future generations.   Source: The Republic Part of the changes that came with becoming a second-class city is redistricting.
City Council will now represent six districts instead of five along with an additional at-large member, bringing the total to three. District 6 will cover several neighborhoods, including Everroad, Broadmoor, Parkside, Candlelight, Two Worlds and Breakaway Trails. Businesses include Eastbrook Plaza and Northern Village. If you're curious to find your neighborhood and want to download the official map, click here  Tent under US 31 overpass near Lucabe Coffee Co. This series of articles is written by my wife, Rachel. She has spent more time out on the People Trail than I have. This issue is one of the reasons I decided to run for city council.  A pile of clothing and other articles left under the US 31 Street overapass. Jay and I, along with our son, have lived in Everroad Park East for the last 17 years. It's a neighborhood filled with mostly limestone ranch homes built in the 1950's. We have good neighbors, great access to the People Trail and are near The Pauline Crump Nature Preserve. There have always been a few homeless people who would tend to gravitate to this area. They were mainly older men who kept to themselves. One gentleman, who comes to mind, is friendly and sometimes makes small talk. Over the past few years, we've noticed new faces. Men and women, some older, but many younger. I've spoken with a couple of the young women who I've seen under the 25th Street overpass. I don't know a lot about them or their story. I do know this situation isn't good for anyone. Winter will soon be here. It's time to get serious about it.  Several people have been living under the 25th Street overpass near Burger King this summer.  An encampment inside The Pauline Crump Nature Preserve, March 2022  The dam located near Marr Road entrance. The Pauline Crump Nature Preserve is a short walk from our house. There's somewhat of a trail loop that leads to a low-head dam. There's access to the People Trail from 32nd Street and Griffa Avenue, and another entrance at Marr Road. The trail was developed in honor of Pauline Crump by Ed Niespodziani and the Columbus North Environmental Club. While the preserve seems to be becoming more well-known, it also seems to teeter between being a secluded, wooded hiking trail nestled within city limits and a haven for homeless encampments. The following are from reviewers who have paid a visit: I hauled 360 pounds of trash to the landfall this spring, included several abandoned tents where a homeless camp was set up.  Shopping cart pushed into Haw Creek near preserve entrance. The Pauline Crump Nature Preserve is owned by Jefferson Crump III, who has graciously allowed anyone who loves nature to come and explore this hidden gem. I would love to see the preserve restored to its natural habitat. It's currently overrun by invasives such as bush honeysuckle, as is much of the bank along Haw Creek, which leads to the US 31 and 25th Street overpasses and beyond to Newbern Bridge. Arizona State University Center for Problem-Oriented Policing recommends clear-cutting overgrown brush. They state: Transients like encampments to be surrounded by overgrown vegetation, but this can make the camps difficult for police to enter safely, especially at night. Homelessness is a public health and safety issue that touches every facet of our community.  A homeless man entering thicket of bush honeysuckle by Haw Creek.  A homeless woman pushes a shopping cart along the People Trail. (Picture cropped to protect her identity)  Trash left along the People Trail near Healing Waters Full Gospel Church. The increase of homeless people has brought with it an increase in trash and abandoned shopping carts and other items. It's become common to see Styrofoam cups and food wrappers scattered in the grass or left near park benches. Things like used tents, camping chairs, towels, clothing, razors, sanitary napkins are all things that become a constant reminder that we as a city need to make finding short- and long-term solutions to our homeless problem a priority. Shopping carts from nearby stores such as Walgreens, Pets Supply Plus and Target have been found abandoned along the People Trail. It's estimated US retailers lose an estimated tens of millions of dollars every year replacing lost and damaged carts. Some resort to having to pay contractors to retrieve their lost carts. Last year, Walmart paid $23,000 in fines related to abandoned shopping carts to the small town of Dartmouth, Massachusetts. These costs are inevitably passed onto us through higher taxes and higher prices. In 2019, it was reported that 88 tons of trash was collected from 34 encampment sites around Columbus, costing the city at least $2,422 to dump it at the landfill. Homelessness isn't an individual problem. It affects us all.  A homeless man sleeps on a park bench near The Quinco Building.  A homeless couple share the People Trail with bikers and a hiker. Jay and I have been witnessing first hand the growing problem of homelessness in Columbus. We understand the "not in my backyard" reaction we can often have when it hits close to home . Many hours of research have led us to understand that it's complicated and there's no one-size fits all solution. It's going to take people with expertise in various backgrounds and experiences. It's going to take all of us. In an editorial, The Republic stated that we don't know how many homeless there are and that as winter approaches, it's important we find out. Jay and I couldn't agree more. We can come together and we can do it, but we cannot put it off any longer. We need to create a homelessness task force to assess and make recommendations to city council. What are other cities doing? What's working? What's not working? We need a community approach. Residents, business owners, government and churches should all be working together to ensure a good outcome for us all. We should have a hotline or an officer within the Columbus Police Department to act as a liaison to concerned residents wishing to report an encampment or advise of a homeless person who has moved into a neighborhood who may need services. This liaison should educate us on how to direct our money, time and resources to ensure we are helping and not hurting. We need to consider what the "housing first" model really entails. Mayor Jim Lienhoop said. “Permanent supportive housing … means that people can bring their drugs into the facility and continue to use while they are residing there." Some communities are finding their own way, like the ones in the video below. We will find our way too, which is why Jay is running for city council.  Homeless man rides his bike on the People Trail.  Reading Toxic Charity: How Churches and Charities Hurt Those They Help, And How to Reverse It by Robert Lupton transformed how we think about our giving. He's written a follow-up book, Charity Detox: What Charity Would Look Like If We Cared About Results, which begins with the bold statement: Charity often hurts the people it was designed to help. The Lupton Center, founded by Robert Lupton, explains Toxic Charity: At its core, Toxic Charity is trying to address chronic ongoing issues through one-way giving. It often looks like this: people with resources give to those who lack resources. This kind of giving approaches inequity as though the core issue is that people don’t have the same amount of “stuff.” ... Toxic Charity shares stuff, but not power or agency. It usually doesn’t engage with systems or multiple drivers of inequity. As a result, it tends not to have a long-term impact on the issue it purports to address. True Charity Founder & CEO, James Whitford, models his ministry on the premise of the book. He states: The ministry is now the largest privately funded poverty-fighting organization in our four-state area. Today, we serve both the poor and the homeless, offering 105 beds in three facilities serving those in long term recovery, adult men and women in need of emergency shelter, homeless moms with children and we have a respite unit for those discharging from the hospital who have nowhere to go to finish their recovery. Whitford testified before the Senate Agriculture Subcommittee on Food & Nutrition in April 2023 regarding federal food assistance funding in the farm bill reauthorization. If elected, Jay will make addressing our homeless problem a priority.
  Parkview Townhomes, formerly Country Brook Apartments When I was a D.J. at WKKG in the late 1990's, the station was live from 6 a.m. to midnight, which meant that there was a real person sitting in the studio. We played music, ran commercials, conducted interviews, and gave live news and weather updates. It was a fun time. The best part of my job was taking phone calls and engaging with listeners. There was a real sense of community and there were many times we rallied to do good. In July, 1997, there was an apartment fire that resulted in the death of two people and displaced six families. We talked about it on the air and asked for donations for those families who lost everything. People brought furniture, appliances, dishes, toys and clothes to the radio station, enough to fill five apartments to the brim ... in three days. The management had to ask us to stop giving. There are other stories I could tell, but this incident reflects the overwhelming generosity of the people who live here. When there's need, we respond. We should feel confident that together we can things done.  "I've not seen anything like this in terms of support...," The Republic, July 30, 1997  "Dump Truck" is in the Public Domain  Me behind The Mystery Machine, April, 2023. As a dump truck driver, I get to see a lot of Columbus. I see a lot of road work being done. I see a lot of new housing going up. I also see a lot of out-of-state license plates traveling our streets. According to Construction Coverage, the Midwest region of the U.S. has experienced the greatest increase in the value of new residential construction: From the first quarter of 2020 to the first quarter of 2021, the value of new residential building permits in the Midwest was up 38.1% The table below shows the number of permits issued for Columbus, according to Building Permits Survey (BPS) on new privately-owned residential construction:  The article states one of the reasons for this increase is that as housing remains expensive on the coasts, more people are migrating to places where living space costs less. This conclusion supports results published by the Indiana Business Research Center that showed while Indiana had its slowest population increase in nearly a decade, its population gains were fueled almost entirely by a strong net in-migration. They also found that population growth in Indiana continues to be driven largely by a handful of metropolitan areas, including Columbus: The Columbus, Indiana, area led the state's metros with a growth rate of 1% to reach a total population of 83,540 residents. This means that as more people come to Columbus, the demand for housing is going to keep increasing. The economic principle of the law of supply and demand states that when supply exceeds demand for a good or service, prices fall. When demand exceeds supply, prices tend to rise. It doesn't take Scooby-Doo! Mystery, Inc. to figure out we're lacking equilibrium between supply and demand. The proposed housing study is a good first step to making wise, informed decisions about how we can achieve that balance.  |
AuthorI was born and raised in Columbus, and I've spent the last 24 years living and working here. I love our city, and together we can keep it great! |
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