My note to the Indiana Public Access Counselor, informing the office of my request of the Floyd County Health Department.


Just in case of stonewalling. 

Having received a choice bit of unsolicited advice, for which I’m quite grateful, I’ve sent the following note to the State of Indiana’s Public Access Counselor, providing details of the ongoing PourGate imbroglio, wherein the Floyd County Health Department decides to begin inventing interpretations from thin air

It may at last be time to contact the state health department, although so far, at least two calls have been made, with no coherent reply.

This is becoming somewhat fun.


Good day,

I have sent the following letter to the Floyd County Health Department. The reply I’ve gotten after four business days is that my request has been forwarded to the board’s attorney for review, and that the attorney will be contacting me. I am confused, given that your template shows replies and actions emanating from the agency itself, not the agency’s attorney.

I am making this request because recently, for the very first time ever, the Health Department has been enforcing temporary food service permits for beer vendors, hitherto under the control of the ATC and permitting procedures of the ATC. The Health Department is not being forthcoming in providing evidence of some as yet undisclosed change in the law. I am asking for five years’ citation history in order to determine whether the department’s claim to have been enforcing this “all along” is accurate.

Thanks for you input into this situation.


Roger A. Baylor
1117 E. Spring Street
New Albany IN 47150

June 21, 2013

Floyd County Health Department
Attn.: Dr. Tom Harris
1917 Bono Road
New Albany IN 47150
(Hand Delivered)

Re: Public Records Request

Dear Dr. Harris:

The Floyd County Health Department is a public agency as defined by Indiana Statute. Pursuant to Indiana Public Access statutes (Indiana Code 5-14-3), I am requesting copies of all citations and/or tickets issued by the Floyd County Department of Health to any vendor, person, company and/or individual regarding “Temporary Food Service Permit” for the last five (5) years. In addition, I am requesting that each citation and/or ticket be identified as to whether those cited were serving food or alcoholic beverages.

If there is a cost associated with this request, please inform me of the amount. I look forward to the response and compliance with this request. If you have any questions, please feel free to contact me.

Roger A. Baylor