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by German Lopez 09.20.2012
Posted In: Courts, News, Business at 12:40 PM | Permalink | Comments (0)
 
 
xlcservices

Procter & Gamble Sued for Religious Discrimination

P&G and contractor allegedly fired Muslim worker who was humiliated by coworker

Two Cincinnati-based companies are facing a lawsuit over the termination of a former Muslim worker. The lawsuit, filed in an North Carolina court Monday, claims a woman named Safa Elhassan was fired from Procter & Gamble facilities after facing discrimination in the workplace.

Elhassan worked for P&G through XLC Services, a Cincinnati-based company that provides manufacturing services and warehouse management to other companies, at P&G facilities in Guilford County, N.C. 

The lawsuit charges P&G and XLC with religious harassment, religious discrimination, failing to accommodate after religious discrimination in the workplace, national origin discrimination, sexual discrimination, two counts of retaliation, negligence, unfair and deceptive trade practices, assault, battery and intentional infliction of emotional distress.

The lawsuit tells the story that led to the charges as follows: Elhassan, who wears a hijab and wedding ring for religious reasons, was employed at P&G’s facilities through XLC between 2004 and Sept. 16, 2011. During her employment, Elhassan followed P&G rules and regulations and kept “a performance record which was satisfactory or better.”

However, Elhassan was unaware of a company policy that banned jewelry in the workplace, even jewelry of religious significance. This policy was mostly not a problem for Elhassan because, as the lawsuit claims, “Other employees of different religions and national origins routinely wear jewelry under clothing and/or protective wear and are not punished or searched.”

That is until a woman named Ernestine Wilson allegedly approached Elhassan, forcibly searched Elhassan for her wedding ring and removed Elhassan’s hijab in front of coworkers, including men, according to the suit. Under Islam’s rules, a woman uses a hijab, which is a religious head and neck wrap, to maintain sexual modesty, and being exposed without a hijab to men who are not family is a major offense and source of humiliation.

Elhassan reported the forced search to higher-ups at XLC. After a few meetings, Wilson provided an apology, according to the lawsuit, but Elhassan claimed the apology was insincere because Wilson kept telling coworkers that she hoped Elhassan was fired. After Elhassan refused to accept the apology, she was suspended then fired, allegedly under the orders of P&G.

The lawsuit suggests that Wilson's actions were potentially connected to another workplace incident. The lawsuit says Elhassan was sexually harassed in the past by George (no last name provided), a man with whom Wilson was allegedly “engaged in a friendly, physical, and/or romantic relationship." Elhassan reported the incident, which got George fired. The lawsuit claims Wilson’s actions were in retaliation to George’s termination.

Since Wilson did work for P&G through XLC, Elhassan blames both P&G and XLC for the damages. The lawsuit claims she was unfairly fired in retaliation for not accepting Wilson’s apology. It also alleges that XLC forced Elhassan to sign a document she did not understand upon her termination without her lawyer present, even though Elhassan asked to have her lawyer read the document. The document, which P&G officials were supposedly aware of, allegedly sought to release P&G and XLC of any wrongdoing related to the termination.

Mary Ralles, spokesperson for P&G, responded to the lawsuit in an email: “As a matter of company policy, we do not comment on pending litigation, but I did want to make one correction. The individual was not (or ever) a P&G employee.”

The distinction Ralles made is that Elhassan was not officially employed by P&G, but she did work for P&G through her employment at XLC.

XLC could not be immediately reached for comment. This story will be updated if a comment becomes available.

 
 
by 07.14.2009
Posted In: Courts, Internet at 04:32 PM | Permalink | Comments (2)
 
 

Lawsuit Against Haap, Heimlich Dismissed

An Illinois-based organization dropped its defamation lawsuit this month against local blogger Jason Haap and two other critics. The two-year-old case was widely viewed as having the potential to set a precedent involving First Amendment protections for online commentary.

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by 04.16.2010
Posted In: News, Courts, Business at 02:45 PM | Permalink | Comments (0)
 
 

Cintas Settles Employee Death Lawsuit

In a stark turnabout from the company’s previous position involving the incident, Cintas Corp. has settled a lawsuit filed by the wife of an employee who was burned to death in an industrial dryer at an Oklahoma facility.

When Eleazar Torres-Gomez was killed at the Cintas laundry near Tulsa, Okla., in March 2007, the company took no responsibility and blamed him for his death. Further, Cintas initially tried to block Torres-Gomez’s family from claiming workers compensation benefits.

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by 10.16.2009
Posted In: Internet, Not-for-profit, Courts at 04:40 PM | Permalink | Comments (1)
 
 

Group in Heimlich Scandal Disbands

An Illinois nonprofit organization that once sued a local blogger after he raised questions about its program has filed dissolution paperwork with the state.

The Save-a-Life Foundation (SALF) filed the papers with the Illinois Secretary of State’s Office on Sept. 17. The action ends the existence of the 16-year-old corporation.

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by Julianne Warren-Novick 02.12.2010
Posted In: Social Justice, News, Courts at 03:31 PM | Permalink | Comments (8)
 
 

Cincinnati Priest Faces Sexual Abuse Charges

Continuing a trend that just won't go away, Father Robert F. Poandl of Cincinnati pleaded not guilty this morning to charges of sexual abuse, which allegedly occurred in 1991. The now 28-year-old man claimed that Poandl molested him during a trip to the Holy Redeemer Catholic Church in West Virginia, where he was accompanying Poandl who was to fill in for a local priest there.

Poandl was indicted last month on charges of 1st degree sexual assault, 1st degree sexual abuse and sexual abuse by a custodian. Father Dan Dorsey, president of Glenmary Home Missioners, to which Poandl was an associate, says Poandl was removed from active service as a pastor in Georgia when he learned of the allegations in June of last year.

However Catholic officials are receiving criticism from SNAP (the Survivors Network of those Abused by Priests) for not publicly addressing the allegations sooner. “We...hope Catholic officials - in both Ohio and West Virginia - will tell the truth about why they kept quiet about these allegations for over six months,” said the group's midwest director, Judy Jones, in a statement released on Thursday. “Such secrecy is immoral and reckless, and may have led to other kids being abused too.” Poandl has served as a priest since 1968. He has resided as pastor over churches in Georgia, Oklahoma, Texas, and Mississippi.

As to why the alleged victim was even with Poandl in West Virginia at the time, it is unclear. Details over their visit to Holy Redeemer Catholic Church have yet to be disclosed. However one thing is certain, and that is it will be a much greater surprise if Poandl is found innocent of these charges than it will be if he is found guilty. It's strange to find oneself desensitized to a matter such as this. But unfortunately, Poandl is just another number in the 4,450 priests accused of sexual abuse between 1950 and 2002, this according to a 2004 survey commissioned by the U.S. Conference of Catholic Bishops.

Poandl's trial is scheduled for June 15, 2010. He is free on a bond of $15,000.

 
 
by 05.06.2010
Posted In: Courts, Police, Human Rights at 03:59 PM | Permalink | Comments (2)
 
 

Sheriff Settles Suit for $30,000

It seems Hamilton County Sheriff Simon Leis Jr. doesn’t like speaking under oath in a court of law, and wants taxpayers to pay to help him avoid it.

The Hamilton County Sheriff’s Office has agreed to settle a federal lawsuit filed by a former Justice Center inmate over an August 2007 incident in which he was shot three times by a pepperball gun at point blank range while already incapacitated.

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by Kevin Osborne 12.15.2011
Posted In: Neighborhoods, History, City Council, Courts at 03:45 PM | Permalink | Comments (3)
 
 
gamble house

Group Upset at Gamble Neglect

A group that supports preserving the historic Gamble House in Westwood is angry that Cincinnati building inspectors aren't enforcing the law at the property, which is allowing heavy rainfall to damage it while a court battle drags on about whether to save the mansion from demolition.

Bob Prokop, of Save the Historic Gamble Estate Now, said the city's inaction about securing the house contradicts what a building inspector told him would be done at the property in an email from last spring.

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by 07.23.2009
Posted In: Public Policy, City Council, Courts at 01:46 PM | Permalink | Comments (2)
 
 

Cincinnati's Sordid History with Panhandlers

Amid all the debate over a recent proposal to tax panhandlers, some people have wondered whatever happened to Cincinnati’s requirement that all beggars get city-issued I.D. badges. In a little-noticed decision, an appellate court struck down that provision more than two years ago.

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by Hannah McCartney 07.19.2012
Posted In: Death Penalty, Courts, Equality at 01:22 PM | Permalink | Comments (0)
 
 
death-chamber-lucasville-123009jpg-86e918e4a3560490_large

Racial Bias in Death Penalty Cases Gets Ohio Supreme Court's Attention

Death Penalty Task Force approves changes to prevent discrimination

Ohio’s death penalty came under scrutiny again today, when the Ohio Supreme Court's Joint Task Force to Review the Administration of Ohio’s Death Penalty heard presentations from three different subcommittees on strategies to make sure the process in administering a death penalty sentence in Ohio is transparent and fair.

The task force heard presentations from the Law Enforcement Subcommittee, Race and Ethnicity Subcommittee and Clemency Subcommittee; the Clemency Subcommittee's recommendation was passed, while the Law Enforcement Subcommittee's recommendations were tabled for the next task force meeting, pending further review.

The Race and Ethnicity Subcommittee presented recommendations for dealing with evidence of longstanding racial bias in Ohio death penalty cases.


A 2005 Associated Press study concluded that offenders who killed white victims were significantly more likely to receive the death penalty than when victims were black, regardless of the race of the defendant. See the below chart, courtesy of the Associated Press, which charts the rate of death sentencing for defendants charged with killing white versus black victims during the course of the study, which was conducted from Oct. 1981-2002.




The Supreme Court’s Race and Ethnicity subcommittee made seven recommendations, three of which passed. Those passed include a mandate that all attorneys and judges in death penalty cases attend training to detect and protect against racial bias, and that attorneys must seek recusal of judges who are suspected of being motivated by racially discriminatory factors. Implementing the recommendations won't be immediate; according to Bret Crow, Public Information Officer for the Supreme Court of Ohio, task forces typically submit a final report to the Ohio Supreme Court for input, a process that might not be completed until into 2013.

Recommendations that were tabled to be reconsidered at a Sept. 27 meeting of the task force included the recommendation that all death penalty-eligible homicide cases be maintained and monitored for evidence of racial bias by the Office of the Ohio Public Defender.

According to the Associated Press, the data collection would apply to both old cases and any future homicides that could result in death penalty allegations. It wouldn’t, however, impact whether or not the death penalty should be an option of punishment in the state of Ohio.

Ohio’s death penalty has come under fire several times over the last year, even experiencing an extended moratorium on executions set forth by a U.S. District Judge, who ruled that Ohio unconstitutionally wasn’t following its own death penalty procedure and couldn’t be trusted to ethically carry out executions.

CityBeat reported on July 3 about the avoided execution of Abdul Awkal, a Muslim who narrowly escaped his death penalty sentence with the help of the Ohio Justice and Policy Center (OJPC). Awkal was ruled not competent enough to be executed after making several statements suggesting he didn’t understand the reason for his execution.
 

 
 
by German Lopez 10.02.2012
Posted In: 2012 Election, Courts, News at 02:00 PM | Permalink | Comments (0)
 
 
William O'Neill

Candidate to Justices: “Recuse or Refuse”

Former judge demands Ohio Supreme Court justices recuse themselves from FirstEnergy case

In a letter sent today to Ohio Supreme Court justices Robert Cupp and Terrence O’Donnell, former Judge William O’Neill asked the Republican justices to recuse themselves from a case presenting conflicts of interest or refuse the campaign money that caused the conflicts of interest to begin with.

“The First Energy Family has contributed more than $44,000.00 into re-election campaigns for Justices Cupp and O’Donnell this year alone,” O’Neill, a Democrat who is running for the Ohio Supreme Court, wrote. “It is simply wrong for them to continue sitting on First Energy cases.”

The Ohio Supreme Court, which has seven justices decide the state’s top judicial cases, is currently handling a case involving FirstEnergy, an energy company based in Akron. More than 300,000 customers are suing the company over alleged fraud. The 11th District Court of Appeals previously ruled against FirstEnergy, and the case was appealed to the Ohio Supreme Court.

The lawsuit is the fifth Ohio Supreme Court case involving FirstEnergy this year.

O’Neill pointed out the lawsuit “could easily be a billion dollar case” before writing, “And the public has a right to know that the ruling was not purchased by one side or another.”

Ohio Sen. Mike Skindell, a Democrat who is also running for the Ohio Supreme Court, endorsed O’Neill’s letter. In the past, he also criticized Cupp and O’Donnell for potential conflicts of interest.

The offices of Cupp and O'Donnell did not immediately respond to CityBeat's requests for comment on the letter. This story will be updated if responses become available.

UPDATE OCT. 4, 4:12 P.M.: Mark Weaver, spokesperson for Cupp, responded: Mr. O'Neill previously raised this argument with disciplinary authorities by filing a complaint. It was reviewed by disciplinary authorities, and they unanimously dismissed it as having no merit.

 
 

 

 

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by Nick Swartsell 11.25.2014 17 hours ago
Posted In: Courts, News at 02:40 PM | Permalink | Comments (0)
 
 
rickyjackson

Man Wrongfully Imprisoned for 39 Years Thanks UC Program

Ricky Jackson says the Ohio Innocence Project was "instrumental" in his exoneration

Ricky Jackson was just 20 and fresh out of the Marines when he went to jail for murder in 1975. Authorities pinned the killing of Harold Franks, a fifty nine-year-old money order clerk in Cleveland, on Jackson and two of his friends, brothers Wiley and Ronnie Bridgeman. The conviction came on the testimony of a single twelve-year-old boy with bad eyesight and a confused story.

He spent the next 39 years in prison for a crime he didn’t commit.

Jackson was released last Friday, the last of the trio to be freed after that witness, Eddie Vernon, admitted he made up his testimony under police pressure. Today, Jackson was in Cincinnati to thank those who worked tirelessly to help free him.

“I would have walked if it would have come to that,” Jackson said to a packed house on University of Cincinnati's campus. “I wanted to come meet the people instrumental in saving my life.”

The Ohio Innocence Project, which runs out of University of Cincinnati’s College of Law, has been working on Jackson's case since 2010, digging for years to get public records about the case.  A Cleveland Scene article in 2011 focused more attention on the story as well. Since those beginnings, OIP has played a huge role in getting Jackson exonerated.

OIP was founded in 2003 to investigate and litigate cases where prisoners have been wrongly convicted and imprisoned. The group is made up of UC Law professors and students who use DNA evidence, new witnesses, evidence of police misconduct, and other information to exonerate wrongfully convicted inmates. In just over a decade, they’ve helped free 18 inmates who were wrongfully convicted of murder and other charges. Jackson is the longest-serving inmate in Ohio to be exonerated.

Jackson’s codefendant Ronnie Bridgeman was paroled in 2010, but Jackson’s parole board continued to keep him in prison. Jackson says parole boards wanted him to admit guilt and express regret for the crime before they released him. The only problem was, he was innocent.

“I was on the cusp a lot of times,” he said of confessing. “It seemed like, to me, the only way I was going to get out was to admit guilt. But there was a lot more at stake than just me saying I committed the crime when I know I didn’t. That man’s family gets no justice, I get no justice… at the end of the day I just couldn’t lay down with that in my heart.”

He passed the time by staying fit and helping run the prison’s horticultural project. He ran a greenhouse, something he enjoyed immensely. Still, the time was wearing on him.

“After my last parole board hearing, I was really at an all time low,” he said. “I’m running out of time. I’m 57. How much time to do I really have left? I hate to use this cliché, but they came through like a knight in shining armor. When I was at my eleventh hour, didn’t know what direction I was going to take… these guys came.”

Mark Godsey, director of the Ohio Innocence Project, says Jackson was steadfast in his innocence. He recalls first meeting Jackson at a recent hearing on his request for a new trial in light of witness Vernon recanting his testimony. Prosecutors were offering Jackson a deal — once again, if he would say he was guilty, he could walk free.

“He just looked at us and said, ‘I don’t need anymore time to think about it. I will not take that deal,' ” Godsey recalls. Prosecutors soon conceded that without their only witness, they had no case. Jackson was free.

There are challenges ahead, to be sure. He spent many of his formative years — when most people go to college, start careers, and build families — behind bars.

The OIP is stepping in again with assistance. The group has raised nearly $43,000 to help Jackson get a new start. They’re also fighting the state of Ohio to get a settlement for him based on his wrongful conviction. That could be huge — $40,000 for every year he was imprisoned, plus lost wages and other damages. But it’s not guaranteed. Sometimes, prosecutors fight against these settlements. So far, the Cuyahoga County Prosecutor’s office has not officially acknowledged that Jackson is innocent or that they were wrongly imprisoned.

In the meantime, Jackson says he’s not sure just yet what he’ll do. But he says he’s up for the challenge of building a life.

“It’s not difficult at all," he said. "Compared to what I just came from, this is beautiful.”

 
 
by Nick Swartsell 11.07.2014 18 days ago
Posted In: News, LGBT Issues, Courts at 09:35 AM | Permalink | Comments (0)
 
 
Federal Court Building

Federal Court Upholds Region's Same-Sex Marriage Bans

Ruling preserves bans in Ohio, Kentucky, Michigan, and Tennessee; will likely to go Supreme Court

The Cincinnati-based 6th Circuit U.S. Court of Appeals yesterday upheld laws banning same-sex marriage in Ohio, Kentucky, Michigan and Tennessee.  

The 2-1 decision covers six cases in those four states brought by a total of 16 couples. Among them are Cincinnati residents Brittani Henry-Rogers and Brittni Rogers, who are fighting so both can be listed as parents on their son’s birth certificate. James Obergefell of Cincinnati is also involved, asking courts for the right to be listed on his husband Jim Arthur’s death certificate. Earlier, a lower district court found in their favor.

“We just want to be treated as a family, because we are a family,” Henry-Rogers said in an August interview after the 6th Circuit hearings.

Justices Deborah Cook and Jeffery Sutton ruled that the debate over same-sex marriage is best decided by voters, not by the court. Justice Martha Daughtrey dissented.

“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” Sutton wrote in the majority opinion. “Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way."

The case is a somewhat surprising setback for same-sex marriage advocates, who had been on a winning streak in federal courts. The 4th, 7th, 9th and 10th Circuit Courts have previously struck down laws in a number of states banning same-sex marriage. Gay marriage is now legal in 32 states and the District of Columbia.

"This decision is an outlier that’s incompatible with the 50 other rulings that uphold fairness for all families, as well as with the Supreme Court’s decision to let marriage equality rulings stand in Indiana, Wisconsin, Utah, Oklahoma and Virginia,” said American Civil Liberties Union attorney Chase Strangio in a statement yesterday. “It is shameful and wrong that John Arthur’s death certificate may have to be revised to list him as single and erase his husband’s name as his surviving spouse.”

Ohio Attorney General Mike DeWine represented the state in the case. His office said in a statement it was "pleased the court agreed with our arguments that important issues such as these should be determined through the democratic process."

The decision leaves intact Ohio’s 2004 constitutional amendment banning same-sex marriage, at least for now. That’s created a split in federal court rulings among various circuit courts, something the Supreme Court will most likely have to sort out. Some legal experts think the Supreme Court will ultimately find same-sex marriage bans unconstitutional under the 14th Amendment. The court has refused to hear appeals to lower court decisions striking down bans, leading many to think a majority of the court supports legalization.

Strangio said the ACLU will be filing for Supreme Court consideration. Attorney Al Gerhardstein, who represents the Ohio couples, has said he will be working to bring the case to the nation's highest court as well. Other advocacy organizations have also vowed to continue the fight.

“Now, more than ever before, the Supreme Court of the United States must take up the issue and decide once and for all whether the Constitution allows for such blatant discrimination,” said Human Rights Coalition President Chad Griffin. “We believe that justice and equality will prevail.”

 
 
by Nick Swartsell 07.01.2014
Posted In: Courts at 12:39 PM | Permalink | Comments (0)
 
 
Federal Court Building

Federal Judge Strikes Down Kentucky Gay Marriage Ban

Next showdown will happen at federal appeals court in Cincinnati

A federal judge today ruled Kentucky’s ban on gay marriage is unconstitutional. But same-sex couples in the state can’t get marriage licenses just yet. 

U.S. District Judge John G. Heyburn II ruled that a 2004 amendment to Kentucky's state constitution prohibiting same-sex marriage violates the guarantee of equal protection under the law found in the U.S. constitution.

It's another sign that the tide may be turning in the region. The decision comes as a similar ban looks to be in serious legal trouble in Indiana, and just before an August federal court date that will decide questions surrounding the issue in Ohio and other states. Since February last year, federal courts have upheld the right to marry for same-sex couples 19 times.

The decision came in response to a challenge to Kentucky’s ban by two same-sex couples. Maurice Blanchard and Dominique James were denied a marriage license on Jan. 2013. They were charged with trespassing after refusing to leave the Jefferson County Clerk’s office after being turned down for their license. A jury eventually found them guilty, though the two were fined only $1. The two other plaintiffs in the case, Timothy Love and Lawrence Ysunza, applied for a license in February 2013. The two have lived together for 34 years.

The plaintiffs and other same-sex couples looking to marry will have to wait a little longer, though. Heyburn has delayed implementation of his decision until after Aug. 6, when a higher court, the 6th Circuit U.S. Court of Appeals, will hear several gay marriage cases from Kentucky, Ohio and two other states. Those cases will be heard in Cincinnati.

Heyburn, who in February also ruled that the state must recognize same-sex marriages from other states, rejected Kentucky’s reasons for its ban. Lawyers hired by the Kentucky Gov. Steve Beshear argued that traditional marriage helps ensure economic stability and a favorable birth rate in the state. The state’s Attorney General Jack Conway refused to defend the law on behalf of the state.

“These arguments are not those of serious people,” Heyburn said in his decision. He said there is “no conceivable, legitimate purpose” for the ban, which keeps same-sex couples in the state from enjoying the economic, social and emotional benefits of marriage. These include tax benefits, the ability to share insurance, the ability to adopt children as a couple and other rights.

The ruling continues a wave of recent decisions by federal courts upholding marriage rights for same-sex couples. But there’s still uncertainty even as the tide shifts. Most recently, on June 25, a judge struck down Indiana’s ban, allowing same-sex couples to immediately apply for marriage licenses. That decision was overturned a few days later on appeal, and couples who married in the three-day window are now waiting for a final decision to see if their marriages are valid in the state’s eyes. Currently, 19 states and the District of Columbia allow same-sex marriage.

 
 
by Nick Swartsell 06.20.2014
Posted In: Courts at 01:18 PM | Permalink | Comments (0)
 
 
workers comp

Courts: Ohio Agency Owes Area Businesses Big

Recent decision says Ohio Bureau of Workers Compensation charged unfair rates

What do the Cincinnati Ballet, Jungle Jim’s and the YWCA have in common? Last month, an Ohio court upheld a ruling that the Ohio Bureau of Workers Compensation has been overcharging these and thousands of other businesses and organizations in the state. Meanwhile, the BWC cut rates for other employers who were part of preferred groups, Ohio’s 8th District Appellate Court said.

Now an advocacy organization is pushing for the BWC to pay back the difference.

While the ins and outs of the rates are complicated, the underlying concept is fairly straightforward: Worker’s compensation functions as a kind of insurance for employers. If an employee gets hurt on the job, worker’s comp will pay for lost wages and medical costs so long as the business is current on its monthly workers comp payment. A lawsuit brought by some employers receiving higher rates charged that those rates were unfair, even forcing some employers into bankruptcy.

The courts have agreed. The appellate court’s decision upholds an earlier ruling against the BWC by the Cuyahoga County Court of Common Pleas.

The courts ruled the BWC, along with lobbyists of some favored businesses, rigged workers compensation rates so that some companies picked to be designated “group rate employers” received what the court called “excessive, undeserved premium discounts” on their workers compensation insurance plans. Where did the money for those discounts come from? According to the court, from businesses who were not part of the special group rate. Those businesses paid almost $860 million extra on their workers compensation plans.  

BWC hasn’t started paying back the money, and head Steven Buehner told a Cleveland news outlet last week that the agency will appeal the ruling to the Ohio Supreme Court. It has until June 30 to do so.

Buehner says the agency’s rates simply reflect the nature of providing insurance — that low-risk customers receive lower rates than higher-risk clients. Buehner said there isn’t some big pot of money somewhere that the BWC is sitting on and that it hasn’t cheated anyone out of any funds.

If the court’s ruling holds, the BWC will owe more than 100 Cincinnati-area employers $100,000 or more, including a number of nonprofits and arts organizations. All told, the BWC could owe area businesses more than $100 million. Progress Ohio, an advocacy group, has asked Gov. John Kasich to act and make sure the BWC pays the money back.

According to Progress Ohio, which is advocating for the employers in question, the BWC could owe the Cincinnati Ballet more than $300,000, Cincinnati Playhouse in the Park nearly $150,000 and the Cincinnati YMCA $140,000. BAE, a British-owned security and armaments business with a plant in Fairfield, is the area employer owed the largest amount of money; according to the advocacy organization, the BWC charged BAE more than $1.4 million extra in premiums.

The Cincinnati YWCA is also owed payback — about $14,000. The organization told WCPO earlier this week it will be "thrilled" to get that money back so it can use it to help women and children in need.

 
 
by Nick Swartsell 06.09.2014
Posted In: Courts at 12:40 PM | Permalink | Comments (0)
 
 
mu rape flier

Ohio Supreme Court Orders Rape Flier Records Unsealed

Butler County judge acted improperly sealing files, court says

The Ohio Supreme Court ruled June 5 that a Butler County judge acted improperly when he sealed records relating to a 2012 rape flier posted at Miami University.

Judge Robert Lyons ordered the records sealed after a student at Miami University was charged with and pleaded guilty to disorderly conduct for posting a flier listing the "Top Ten Ways to Get Away with Rape" in a coed residence hall bathroom at the school.

When sealing the record, however, Lyons cited a law pertaining to sealing cases that don't reach a conviction, an error that he acknowledged later. 

The case drew national attention, in part due to the graphic nature of the list, which included pointers like "If your [sic] afraid the girl will identify you slit her throat." It also drew scrutiny for Lyons' unusual move making the records in the case, and thus the student's name, unavailable to the public.

The Cincinnati Enquirer sued to have the records released. After the suit was filed, Lyons allowed the student to withdraw his guilty plea. The state of Ohio then dropped its case against the student, and Lyons sealed the case again under the same law he had cited previously.

Misdemeanors require a one-year waiting period before cases can be sealed. Judge Lyons argued that this isn't the case for minor misdemeanors like disorderly conduct and that no waiting period applied. In a 5-2 ruling, the Ohio Supreme Court disagreed, holding that there is no such distinction.

The student left Miami shortly after the incident.

You can find the full text of the court's decision here.

 
 
by German Lopez 02.10.2014
Posted In: News, Courts, LGBT at 12:55 PM | Permalink | Comments (0)
 
 
news_gaymarriage_juliehill

Lawsuit: End Same-Sex Discrimination on Birth Certificates

Couples married outside Ohio sue over recognition on children's birth certificates

A federal court in Cincinnati could get another chance to advance LGBT rights if it takes up a lawsuit filed Monday that calls on Ohio to recognize the names of married same-sex parents on their adopted children’s birth certificates.

Civil rights attorney Alphonse Gerhardstein filed the lawsuit on behalf of four same-sex couples who married outside the state and an adoption agency that helped one of the couples adopt a child in Ohio.

“Birth certificates are the primary identity document in our society,” Gerhardstein’s firm explained in a statement. “Birth certificates tell the child, ‘these adults are your parents,’ and tell the community that these adults and children are a family. Medical care, access to schools, travel and release of information are all easily accomplished with birth certificates and are constantly burdened without accurate birth certificates. Forcing families to accept incorrect birth certificates imposes life-long harms and is a direct attack on family dignity.”

Although opponents of LGBT rights contend that allowing same-sex couples to adopt could hurt children, the research suggests otherwise.

A Boston University meta-analysis released in March found “children's well-being is affected much more by their relationships with their parents, their parents sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents.” Possibly harmful factors found in the study instead include widespread discrimination and the parents’ limited rights, neither of which can be blamed on same-sex couples. 

The complaint filed Monday comes on the heels of recent rulings that advanced same-sex rights in Ohio and across the country.

U.S. District Court Judge Timothy Black on Dec. 23 cited constitutional grounds to force state officials to recognize same-sex marriages on death certificates. That case came about after a same-sex couple in Cincinnati filed for recognition. The Republican-controlled state government, defended by Attorney General Mike DeWine, is appealing the ruling.

That ruling followed a June 26 decision from the U.S. Supreme Court that effectively struck down the federal Defense of Marriage Act and requires the federal government to recognize some same-sex marriages.

In enforcing the ruling, President Barack Obama’s administration on Monday plans to grant sweeping equal protections to married same-sex couples around the country, even those who reside in states where same-sex marriage remains illegal. The Justice Department’s decision applies to courthouse proceedings, prison visits and the compensation of public safety officers’ surviving spouses, among other areas. 

At the state level, FreedomOhio is working to get same-sex marriage on the ballot this year. The campaign is facing some resistance from other LGBT groups, but FreedomOhio says it already has the petition signatures required to put the issue to a vote in November.

The full complaint:


 
 
by German Lopez 01.20.2014
Posted In: News, 2014 election, Governor, Courts, Mayor at 09:43 AM | Permalink | Comments (0)
 
 
ed fitzgerald

Morning News and Stuff

FitzGerald picks running mate, Cranley opposes double dipping, Hunter pleads not guilty

Democratic gubernatorial candidate Ed FitzGerald on Friday announced his new running mate: Sharen Neuhardt, a Dayton-area business attorney and twice-failed candidate for Congress. The choice boosts the ticket’s credentials with women and abortion-rights advocates, but it also reinforces support for pro-choice policies that upset many Republicans and conservatives. FitzGerald originally picked State Sen. Eric Kearney as his running mate, but Kearney dropped out of the race after multiple media reports uncovered he owed more than $800,000 in tax debt. CityBeat covered the gubernatorial race and how the economy could play into it in further detail here.

Mayor John Cranley on Friday reiterated his opposition to double dipping, even though he supports hiring an assistant city manager who will take advantage of the practice. Because Bill Moller is a city retiree, he will be eligible to double dip — simultaneously take a salary ($147,000 a year) and pension — when the city hires him in February. Cranley called the practice “abusive” on the campaign trail, but he says it’s up to City Council to pass legislation that prevents it.

Hamilton County Juvenile Court Judge Tracie Hunter on Friday pleaded not guilty to nine felony charges, including accusations of backdating court documents, theft in office and misusing her county credit card. The Ohio Supreme Court on Jan. 10 replaced Hunter until her case is decided. The felony charges are just the latest for the judge, who has been mired in controversy after controversy since before she won her election.

State Rep. Alicia Reece and other activists are pushing an initiative for the November ballot that would embed “voter rights” into the Ohio Constitution. The Democrat-backed constitutional amendment is in direct response to Republican-led attempts to shrink early voting periods and restrict access to the ballot.

A propane gas shortage in some parts of the state led Gov. John Kasich to suspend state and federal laws that keep propane suppliers off the roads on weekends.

State Treasurer Josh Mandel’s failed Senate campaign sold an SUV totaled in March — effectively averting an insurance review that might have clarified the vehicle’s use and insurance status — shortly after questions arose over the continued use of the vehicle months after Mandel’s Senate campaign ended.

Secondhand smoke increases the odds of hospital readmission for children with asthma, according to a study from Cincinnati Children’s Hospital Medical Center and Penn State Milton S. Hershey Children’s Hospital.

Google’s smart contact lens could help diabetics.

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by German Lopez 01.15.2014
 
 
scott stiles

Morning News and Stuff

City personnel changes spur backlash, county seeks MSD compromise, judge indicted again

The latest administrative shakeups at City Hall spurred controversy after the city administration confirmed City Solicitor John Curp will leave his current position and one of the new hires — Bill Moller, a city retiree who will become assistant city manager — will be able to “double dip” on his pension and salary ($147,000 a year). Councilman P.G. Sittenfeld said on Twitter that City Council will discuss the personnel changes at todays council meeting. The hiring decisions are up to Interim City Manager Scott Stiles, but some council members say they should be more closely informed and involved. (This paragraph was updated after council members called off the special session.)

Hamilton County commissioners plan to vote on a resolution today that attempts to compromise with City Council on controversial contracting rules for Metropolitan Sewer District (MSD) projects. Both the Democrat-controlled city and Republican-controlled county agree the issue needs to be resolved soon so MSD can get on with a $3.2 billion sewer revamp mandated by the federal government. But it remains unclear whether the county’s compromise, which adds some inclusion goals and funding for training programs, will be enough for City Council. In December, Democratic council members refused to do away with the city’s contracting rules, which require MSD contractors to meet stricter job training standards and programs.

Hamilton County Juvenile Court Judge Tracie Hunter was indicted on a ninth felony charge yesterday. The charge — for misusing her county credit card — comes on top of eight other felony counts for allegedly backdating court documents and stealing from office. In response to the first eight charges, the Ohio Supreme Court disqualified Hunter as she fights the accusations and replaced her with a formerly retired judge, who will be aided by the juvenile court’s permanent and visiting judges in addressing Hunter’s expansive backlog of cases.

A bipartisan proposal would allow Ohioans to recall any elected official in the state.

Duke Energy cut a $400,000 check to the Greater Cincinnati Port Authority for redevelopment projects at Bond Hill, Roselawn and Queensgate.

Sixty-two people will be dropped from Hamilton County voter rolls because they didn’t respond to a letter from the board of elections challenging their voting addresses.

It’s official: Democrat Charlie Luken and Republican Ralph Winkler will face off for the Hamilton County Probate Court judgeship.

Facing state cuts to local funding, a Clermont County village annexed its way to higher revenues. But the village has drawn controversy for its tactics because it explicitly absorbed only public property, which isn’t protected from annexation under state law like private property is.

More Ohio inmates earned high school diplomas over the past three years, putting the state ahead of the national average in this area, according to a report from the Correctional Institution Inspection Committee.

Ky. Gov. Steve Beshear says he supports legislative efforts to increase Kentucky’s minimum wage to $10.10 over the next three years.

One Malaysian language describes odors as precisely as English describes colors.

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by German Lopez 01.13.2014
Posted In: News, Transportation, Courts, 2014 election at 10:28 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

State fights for minor party restrictions, local judge disqualified, Oasis rail line draws critics

Ohio officials will appeal a court ruling that blocked tougher requirements on minor political parties and allows them to run in the 2014 primary and general elections under previous rules. The Republican-controlled Ohio legislature and Gov. John Kasich approved the stricter rules last year. Democrats and Libertarians argued the new law, which they labeled the John Kasich Re-election Protection Act, was put in place to protect Kasich from conservative electoral challengers upset with his support for the federally funded Medicaid expansion.

The Ohio Supreme Court disqualified Hamilton County Juvenile Judge Tracie Hunter Friday after she was indicted on eight felony charges for, among other accusations, backdating and forging court documents. The disqualification could further burden a court that’s already known for a large backlog of cases. It remains unclear how long Hunter’s case and disqualification will last and whether she’ll be replaced while the legal battle unfolds.

Many streetcar supporters oppose the Oasis rail line and the rest of the Eastern Corridor project. Critics of the project point to a recent study that found the Oasis line would generate low economic development in seven of 10 planned stations. Instead of supporting the Oasis line, Cincinnatians for Progress says local officials should work to first establish a transit line — perhaps through a piece-by-piece approach of the defunct MetroMoves plan that voters rejected in 2002 — that could act as a central spine for a broader light rail network. Opposition to the Oasis line is also rooted in a general movement against the Eastern Corridor project, which some say would expand and rework roads and highways in a way that could damage and divide the East Side and eastern Hamilton County. Officials are taking feedback for the Eastern Corridor and Oasis rail line at EasternCorridor.org.

Hamilton County Commissioner Todd Portune, who might challenge Democratic gubernatorial Ed FitzGerald in the May primary, discussed the gubernatorial race in a nearly 40-minute interview with The Cincinnati Enquirer’s editorial board Friday. View the full interview here.

The U.S. Supreme Court will hear whether groups have the right to sue in a local case that could have broader implications for free-speech rights and limitations. The legal fight between former Rep. Steve Driehaus and the Susan B. Anthony List could resolve whether political campaigns have the right to lie.

As local and state officials work to address the opiate epidemic, a drug history scholar from the University of Cincinnati proposes alternatives to the failing war on drugs.

One drug helps prevent opiate addicts from getting high.

The Ohio Department of Health says flu activity in Ohio is now widespread.

Ohio’s chief justice says it’s time to reform how judges are elected. It remains unclear exactly how Chief Justice Maureen O’Connor would reform the system, but she says she wants to uphold courts’ attempts at impartiality.

Reminder: January is Human Trafficking Awareness Month. Find out more at HumanTrafficking.Ohio.gov.

Ohio gas prices increased in time for the new workweek.

Racism could accelerate aging among black men, according to a new study.

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by German Lopez 01.08.2014
Posted In: News, Budget, 2014 election, Courts, Economy, Governor at 10:18 AM | Permalink | Comments (0)
 
 
kasich_2

Morning News and Stuff

Judge halts election law, unemployment benefits advance, city loses budget director

A federal judge halted a controversial election law that limited minor political parties’ access to the ballot and ruled that the state must allow minor parties to participate in the primary and general elections in 2014. But by merely agreeing that only the retroactive restrictions for 2014 are too burdensome for minor parties, the judge left room to keep the law intact for elections in 2015 and beyond. Still, the ruling comes as a major victory for the Libertarian Party of Ohio and other minor parties who took to calling the Republican-backed law the “John Kasich Re-election Protection Act” because it conveniently limited minor parties that are upset with Republican Gov. John Kasich’s support for the Obamacare-funded Medicaid expansion.

Ohio Sen. Rob Portman broke with most of his fellow Republicans yesterday to help advance federal legislation that would extend emergency benefits for the long-term unemployed. Still, he hinted that he would not support the three-month extension if the $6.4 billion cost isn’t covered by federal spending cuts elsewhere. Without the extension, 128,600 Ohioans could lose unemployment benefits through 2014 even as the state economy shows signs of weakening.

Cincinnati Budget Director Lea Eriksen yesterday confirmed she is leaving her high-level city job to take the same job in Long Beach, Calif. Peggy Sandman will fill in for Eriksen while a search for a permanent replacement is held. Eriksen’s announcement comes as a blow to the city but little surprise to political watchers. Shortly before taking office, Mayor John Cranley called Eriksen and other administration officials “incompetent” because of how they handled the $132.8 million streetcar project, even though their estimates for cancellation costs turned out to be mostly on point.

Newsflash: Global warming didn’t stop just because we’re cold now.

The worst of the deep freeze should be over for Ohio.

Cincinnati’s 2013 homicide rate of 25 per 100,000 residents compares to Cleveland at 22, Indianapolis at 14.85, Columbus at 11.24 and Louisville at 8.43.

An Ohio appeals court ruled Cincinnati can change medical benefits for retirees after all.

Construction for the uptown interchange could begin in July and finish in late 2016.

The city announced yesterday that it’s extending its Winter Holiday Trash Amnesty through Jan. 17, which means residents have until then to set out extra trash next to their city-provided trash carts.

Gov. Kasich is asking parents to tell their children about the dangers of drug abuse, as the state works to combat problems with prescription painkillers and heroin.

A Fairfield, Ohio, teacher who was fired for allegedly telling a black student, “We don’t need another black president,” will fight for his job.

Dozens of inmates at the Lebanon Correctional Honor Camp endured frigid conditions Monday evening after one of three furnaces broke, according to the Ohio Department of Rehabilitation and Correction.

A Cincinnati-area medical device firm is in a race with some of the largest pharmaceutical companies in the world to get a painless drug injector on the market.

People are stealing English ferrets used to hunt rabbits.

A survey of brown dwarfs found they’re racked by planet-sized storms of molten iron.

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