FLC AND CTLR DISPUTE OVER NAV TO BKW WHERE LONG TERM NOTAM IS CITED FOR S80.

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ATC FACILITY: ZID. LOCATION: BKW 260 DEG RADIAL; 30 DME. AFTER VECTORS AROUND TFC AT CO-ALT; CTLR CLRED US DIRECT BKW; REST OF RTE AS FILED. PROCEEDING ON A 080 DEG HDG TO THE VOR; APPROX 20 MI FROM BKW; CTLR ASKED IF WE WERE GOING DIRECT. I REPLIED THAT WE WERE; AND IMMEDIATELY CHKED THE IDENT AND COURSE INDICATOR. NOTING NO ANOMALIES; I ASKED WHAT THE PROB WAS. THE CTLR STATED THAT WE NEEDED TO TURN AND THAT BKW IS UNUSABLE ABOVE FL240 BTWN THE 270 DEG AND 240 DEG RADIALS. I AGAIN CHKED THE IDENT; SAW NOTHING WRONG -- IN FACT; COULD SEE THE ARPT AND CITY OVER THE NOSE. I ASKED IF THIS WAS A NOTAM'ED ITEM AND THE CTLR REPLIED AFFIRMATIVE. I HAD THE COPLT LISTEN IN AS I HAD HIM REPEAT ONE MORE TIME THAT THE VOR WAS UNUSABLE AND THAT IT HAD BEEN FOR AND I QUOTE 'ABOUT TEN YRS.' MY QUESTIONS ARE: THERE ARE NO NOTAMS ON THE FLT PLAN; IN THE COMMERCIAL CHART NOTAMS OR ON THE 3/4 CHART STATING THAT THE VOR IS UNUSABLE. J42; WHICH WE FLY EVERY DAY; IS WITHIN THE SCOPE OF THE CTLR'S DESCRIBED AREA. CAN WE FILE OR ACCEPT A CLRNC TO AN UNUSABLE VOR. HOW CAN THE CTLR CLR US TO A NAVAID HE KNOWS TO BE UNUSABLE. CAN THE CREW BE HELD LIABLE FOR A NAV ERROR IF THEY DON'T KNOW ABOUT THE FACILITY'S LIMITATIONS AND THEY ACCEPT A CLRNC TO THAT FACILITY FROM AN ENRTE CTLR. WHY NO NOTAMS IF ALL OF THE ABOVE IS TRUE. DOES FTW DISPATCH KNOW ABOUT THIS? SEEMS LIKE A PROB WAITING TO HAPPEN.