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Federal lawsuit filed by former convention bureau chief dismissed for lack of jurisdiction
Federal lawsuit filed by former convention bureau chief dismissed for lack of jurisdiction

Chicago Tribune

time3 days ago

  • Politics
  • Chicago Tribune

Federal lawsuit filed by former convention bureau chief dismissed for lack of jurisdiction

The city of Hammond, its mayor and his podcast are no longer involved in a lawsuit filed by the South Shore Convention and Visitors Authority's former president and CEO after a federal judge dismissed them from it last week. U.S. District Judge Damon Leichty, who took over the case from retired Judge Joe Van Bokkelen earlier this year, wrote in a July 31 order that once Van Bokkelen severed the city, Mayor Tom McDermott Jr. and his 'Left of Center' podcast from the suit Speros Batistatos filed against the SSCVA in February, the federal question no longer applies. As such, 'The court must dismiss an action 'at any time' it determines it lacks subject matter jurisdiction,' he wrote. 'When the action contains no claims over which the court has federal question jurisdiction, there is nothing to which supplemental jurisdiction can attach,' despite it having been attached to the original case that does have a federal question, Leichty wrote in the five-page order. '(S)upplemental jurisdiction may only be invoked when the district court has a hook of original jurisdiction on which to hang it.' Because the case is dismissed for lack of jurisdiction, Batistatos can refile it at the state level, the order reads. As to whether he will, Batistatos deferred comment to his attorney, Sandra Blevins of Indianapolis; Blevins didn't respond to a request for comment by deadline. McDermott, however, on Wednesday encouraged Batistatos to file the suit at the state level because he believes the state court will be more sympathetic to his First Amendment rights. 'All along, we didn't think our part of the suit would go anywhere, but we still filed an anti-SLAPP suit against him,' McDermott said. 'I don't think Speros would be dumb enough to refile, but if he does, the state court is much friendlier to defendants, and we'll simply refile the anti-SLAPP. 'The fact that this took so long is frustrating, but justice does prevail.' Anti-SLAPP laws 'prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights,' according to the Reporters Committee for Freedom of the Press's website. Batistatos sued the SSCVA in August 2022 – a month after it fired him — alleging it violated the law in the handling of his contract renegotiations due to his age — 58 at the time — as well as misspent federal Payroll Protection Plan funds in violation of the CARES Act, a claim the board disputes, the Post-Tribune previously reported. His suit named the SSCVA as well as CVA Board President Andy Qunell and board members Matt Schuffert, Hard Rock Casino general manager; local restaurateur Brent Brashier; Tom Dabertin; and local real estate agent Matt Maloney. Notices of intent to sue were also sent to McDermott and attorney Kevin Smith for $2.5 million for defamation for their actions around the time Batistatos was relieved of his duties by the board. In the notice sent to McDermott, Batistatos alleged McDermott conspired and made a backdoor deal with the SSCVA board to dismiss a pending lawsuit against the SSCVA if Payroll Protection Plan funds were given out to aid his and other municipalities. He also said McDermott 'stated he would dismiss the lawsuit if Mr. Batistatos were terminated from his position at the SSCVA,' as well as making other 'numerous defamatory statements' against Batistatos on McDermott's podcast with Kevin Smith entitled Left of Center Podcast, according to the document. In August 2023, Van Bokkelen dismissed claims against Smith and Left of Center Media, LLC, which produces McDermott's podcast, as well as axed Batistatos's claim of 'tortious interference' with 'contractual and business relationships' against McDermott and the city of Hammond. But on June 18, Van Bokkelen filed three motions: one denying the dismissal of Batistatos's lawsuit and one removing Thomas McDermott in his official capacity as mayor from it, although McDermott as himself and the city of Hammond would remain on the suit, the Post-Tribune previously reported. The third motion allowed Batistatos to refile his suit against McDermott's Left of Center Media LLC and Left of Center podcast, court documents said.

SSCVA ups Pierogi Fest sponsorship amid dustup with Hammond
SSCVA ups Pierogi Fest sponsorship amid dustup with Hammond

Chicago Tribune

time18-06-2025

  • Entertainment
  • Chicago Tribune

SSCVA ups Pierogi Fest sponsorship amid dustup with Hammond

The South Shore Convention and Visitors Authority is giving Whiting's Pierogi Fest an extra helping of sponsorship dollars this year, but the gesture likely won't smooth over bad feelings between the SSCVA and the City of Hammond. The SSCVA board at its Wednesday meeting voted 10-0 to give Pierogi Fest a $10,000 sponsorship after finding an extra $5,000 in its budget. The SSCVA in April voted to give the wildly popular festival $5,000 while giving Festival of the Lakes $15,000, the Post-Tribune previously reported. During discussion before the vote, Board Member Bernie Grisolia said that Mayor Tom McDermott Jr. had given back the $15,000 for Festival of the Lakes and wants to see it given to Pierogi Fest. McDermott did that because 'there were hurt feelings between Whiting and Hammond' over the money, Grisolia said. 'If we take the $15,000 back, we'll be giving Pierogi Fest $25,000,' SSCVA Board President Andy Qunell said. 'Are we not sponsors for Festival of the Lakes, then?' asked Board Member Chris Cash, who's the general manager for the Ramada Conference Center in North Hammond. 'I don't want people to think we're not supporting Festival of the Lakes.' Qunell then moved to approve the $10,000 for Pierogi Fest and said Hammond should still accept some of the money and that he would call McDermott even though the SSCVA's relationship with him is 'strained right now.' SSCVA Treasurer Matt Malony added that Qunell should make clear it the SSCVA never intended to slight Whiting. McDermott, however, told the Post-Tribune on Wednesday that Qunell's effort would be a 'loaded proposition.' 'This whole thing was botched, completely mishandled from the beginning,' McDermott said. 'I love Whiting, and we never wanted to take any sort of money away from them, so (SSCVA) can keep the money. 'We pay $2.5 million to the CVA each year — that's 50% of their budget — and they want to give us $15,000? That's a pretty crappy return.' This year's smaller SSCVA sponsorships for the two prompted President and CEO Phil Taillon in April to consider changing the process by which festivals asked for sponsorships, the Post-Tribune reported. Having previously paid $20,000 for a high-level Festival of the Lakes sponsorship, the organization's vote to give $10,000 to it this year and $5,000 to Pierogi Fest was directly tied to the SSCVA's lawsuit between it and former President and CEO Speros Batistatos. Grisolia at that meeting asked whether the board would consider giving Festival of the Lakes $15,000 since $10,000 is 'kind of an insult.' Chief Financial Officer Nicole Wolverton concurred with Taillon that the money isn't there right now. In other business, CFO Nicole Wolverton said the SSCVA collected $398,000 of Innkeeper's tax for March, about $33,000 less than last year. So far, the SSCVA has collected $1.6 million, or $100,000 less year-to-date. Some of the lower revenues, at least on Hammond's end, could be attributed to a function BP Whiting hosted where many of their contractors were staying in hotels, Cash said; as such, revenues are 'hard to make up' at the start of the year. But Taillon wasn't too concerned yet. 'Tourism is down all over, so to be where we're at right now isn't a bad place,' he said.

Convention authority reduces funding for two big festivals because of fees from lawsuit with former CEO
Convention authority reduces funding for two big festivals because of fees from lawsuit with former CEO

Chicago Tribune

time19-04-2025

  • Business
  • Chicago Tribune

Convention authority reduces funding for two big festivals because of fees from lawsuit with former CEO

The South Shore Convention and Visitors Authority will reduce funding help for two of the area's biggest festivals because of its ongoing lawsuit with its former CEO. This year's smaller SSCVA sponsorships for two of Northwest Indiana's biggest festivals – Festival of the Lakes in Hammond and Pierogi Fest in Whiting – prompted President and CEO Phil Taillon to consider changing the application process, he told the CVA board during its Thursday afternoon meeting. Having previously paid $20,000 for a high-level Festival of the Lakes sponsorship, the organization will be able to give only $10,000 to it this year and $5,000 to Pierogi Fest, he said. The lesser sponsorship amounts, Taillon said, are directly tied to the SSCVA's lawsuit between it and former President and CEO Speros Batistatos. 'We've had some additional expenses with the lawsuit, attorney fees we're dealing with,' he said. 'It's capacity building, but we're going to have one year where things are normal and another where we can't give as much. But I'm OK – I'm basing the decreases on past events.' Board member Bernie Grisolia asked whether the board would consider giving Festival of the Lakes $15,000 since $10,000 is 'kind of an insult.' Chief Financial Officer Nicole Wolverton concurred with Taillon that the money isn't there right now. '(The sponsorship amount) has been on the budget,' she said. '(The legal bills) are hundreds of thousands of dollars that have been making me nervous.' Taillon said he envisions the new process as having the 19 Lake County municipalities submitting their events for which they want sponsorship by a proposed time each year so the CVA can plan the funding all at once. Because the events are scattered throughout the year, however, he conceded handling the process that way 'won't work perfectly.' 'So you're saying there's only a $20,000 budget?' board member Matt Schuffert asked, to which Taillon said they were talking only about Festival of the Lakes and Pierogi Fest. 'This lawsuit is costing us so much money. Hopefully next year, we'll be past it.' The board then voted unanimously to put Merrillville Board Member Dena Patena in charge of a committee to create a sponsorship process. Schuffert then asked about funding for the Gary Air Show. Chief of Events and Facilities Kristin Taylor said that the air show is different because the CVA runs it while the city of Gary provides money, in-kind donations or both. This year, the city will provide an in-kind donation of security; last year, it provided security as well as a $50,000 donation, she said. With the U.S. Air Force Thunderbirds – and its $100,000 price tag — coming back to the event this year, the CVA will need more than the $580,000 it raised in sponsorships and donations last year for 2025, Taylor said. So far, the money isn't coming in as quickly as they hoped. 'It stinks to say, but I think it being the 'Gary Air Show' is deterring it,' Taylor said. The South Shore Convention and Visitors Bureau has spent almost a quarter of a million dollars in its ongoing legal battle with Batistatos — and that only covers one of the law firms involved, the Post-Tribune previously reported. An analysis of some of the legal bills the tourism agency has racked up in the litigation reveals that it's so far paid $237,835.80 between 2021 and November to Indianapolis-based Barnes and Thornburg, which is representing the SSCVA as an entity. For the month of February, the CVA paid Barnes & Thornburg $100.50 in 'February legal services' and Hammond-based attorney firm Westland & Bennett $2,805, according to the CVA's April claims register. Westland & Bennett Principal Dave Westland is representing Board President Andy Qunell, Board Members Brent Brashier, Matt Maloney, Schuffert and former Board member Tom Dabertin individually in the suit. Batistatos sued the SSCVA on August 29, 2022 — a month after it fired him — alleging it violated the law in the handling of his contract renegotiations due to his age as well as misspent federal Payroll Protection Plan funds in violation of the CARES Act, a claim the board disputes. The SSCVA budgeted $150,000 in its legal line item for 2025, though it's able to make appropriations from other funds in its $6,614,250 2025 budget. The entity is not a publicly funded agency, but is funded through casino and hotel tax revenues, according to its website. In other business, the CVA awarded unanimously several contracts for facility repairs, including a $29,889 contract to Hammond-based Gluth Brothers for a new roof; a $11,950 contract to Crown Point-based Bellsom Electronics to replace the center's outdoor flood lighting; a $22,680 contract to Cover-Rite Flooring in Crown Point for new carpeting in the upstairs offices; and $431,800 contract with Tri Electronics in Hammond for AV system upgrades to the center's exhibition hall, theater and boardroom. The projects will be paid for out of a $2 million bond the CVA took out when former CVA President Dave Uran was at the helm.

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