In a 2-1 ruling today, the Hamilton County Court of Appeals reversed a lower court’s ruling and said the city’s plan to semi-privatize its parking assets is not subject to a referendum and may move forward.
But opponents are pushing for a stay on the ruling as they work on an appeal, which could put the case in front of the Ohio Supreme Court.
For the city, the ruling means it can potentially move forward with leasing parking meters and garages to the Greater Cincinnati Port Authority for a one-time payment of $92 million and an estimated $3 million in annual increments. The city originally planned to use the funds for development projects, including a downtown grocery store and the uptown interchange, and to help balance the city’s budget for the next two years.
But critics, including those who led the referendum efforts, are calling on the city to hold off on the lease. They argue the plan, which raises parking meter rates and expands meters’ operation hours, will hurt downtown business.
In a statement, City Manager Milton Dohoney praised the ruling, but he clarified that the city will not be able to allocate parking plan funds until potential appeals of today’s ruling are exhausted or called off.
“The City cannot commit the money in the parking plan until there is legal certainty around the funds. Once there is legal certainty, the Administration will look at the budget to determine if there are items that may need to be revisited and bring those before Members of City Council, as appropriate,” he said.
Jason Barron, spokesperson for Democratic Mayor Mark Mallory, says the city will now be able to re-evaluate current plans for the budget and other projects.
“Council will get a chance to look at the budget again and undo some of the stuff that they’ve done, but some of the cuts will definitely stay — that way we continue to move towards balance,” he says.
But first, the city must follow through with legal
processes to get Judge Robert Winkler’s original order on the parking
plan lifted, which will then allow the city and Port Authority to sign the lease.
Already, some council members are pushing back. Following the ruling, Democratic council members Chris Seelbach and Laure Quinlivan announced that they plan to introduce a motion that would repeal the parking plan.
But Barron says City Council would need six out of nine votes to overrule Mallory and other supporters of the parking plan, which he says is unlikely.
At today’s City Council meeting, Quinlivan and Seelbach were unable to introduce the motion, which has five signatures, because the motion requires six votes for immediate consideration and to overrule the mayor, who opposes a repeal. The motion also needs to be turned into an ordinance to actually repeal the parking plan.
In a statement, Democratic mayoral candidate John Cranley criticized the ruling and city. He said the plan should be subject to referendum: “This decision affects an entire generation and shouldn’t be made by people who are trying to spend a bunch of money right before an election, while leaving the bill for our kids to pay.”
Democratic Vice Mayor Roxanne Qualls, who is also running for mayor, praised the ruling in a statement.
“My goal is that proceeds from the parking proposal are used to put the city on a path to a structurally balanced budget by 2017,” she said.
Qualls said she will introduce a motion that calls on the city administration to draw up a plan that would use parking funds on “long-term investments that support long-term fiscal sustainability,” including neighborhood development, other capital projects, the city’s reserves and the city’s pension fund.
The ruling also allows the city to once again use emergency clauses, which the city claims eliminate a 30-day waiting period on implementing laws and make laws insusceptible to referendum.
Judges Penelope Cunningham and Patrick DeWine cited legal precedent and the context of the City Charter to rule the city may use emergency clauses to expedite the implementation of laws, including the parking plan.
“Importantly, charter provisions, like statutes and constitutions, must be read as a whole and in context,” the majority opinion read. “We are not permitted — as the common pleas court did, and Judge Dinkelacker’s dissent does — to look at the first sentence and disassociate it from the context of the entire section.”
Judge Patrick Dinkelacker dissented, claiming the other judges are applying the wrong Ohio Supreme Court cases to the ruling.
“In my view, the charter language is ambiguous and, therefore, we must liberally construe it in favor of permitting the people of Cincinnati to exercise their power of referendum,” Dinkelacker wrote in his dissent.
The parking plan leases the city’s parking meters and garages to the Port Authority, which will use a team of private operators from around the country — AEW Capital, Xerox, Denison Parking and Guggenheim — for operations, technology upgrades and enforcement.
The city originally argued the parking plan was necessary to help balance the budget without laying off cops and firefighters and pursue major development projects downtown.
Since then, the city used higher-than-expected revenues and cuts elsewhere, particularly to parks and human services funding, to balance the fiscal year 2014 budget without laying off public safety personnel.
City Council is also expected to vote today on an alternative funding plan to build a grocery store, luxury apartment tower and garage on Fourth and Race streets downtown. The project was originally attached to the parking plan.
Dohoney asked City Council in a statement to pursue the alternative plan today.
“We are asking Council to pass the development deal today so that the developers have the city’s commitment and can move ahead with their financing,” he said. “If we wait any longer on the parking deal, we put this deal at risk. With the housing capacity issue downtown and decade-long cry for a grocery store, we must move forward.”
CityBeat will update this story as more information becomes available.
Updated at 1:39 p.m.: Added comments from the city manager’s statement.
Updated at 2:00 p.m.: Added comments from Vice Mayor Roxanne Qualls’ statement.
Updated at 3:23 p.m.: Added results of City Council meeting.
Updated at 10:35 a.m. on June 13: Added latest news about appeal.
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In a 2-1 ruling announced today, the Hamilton County Court of Appeals reversed an injunction holding up the city’s plan to semi-privatize its parking assets, allowing the city to move on with the plan and continue the use of emergency clauses. The plan, which CityBeat covered in further detail here, will raise $92 million in upfront money and at least $3 million in annual increments for the city, which the city planned to use to help balance the city budget and pursue a slate of development projects, including a downtown grocery store. But critics argue the plan will lead to a spike in parking rates and goes too far in expanding operating hours for parking meters, which they say could hurt downtown business. CityBeat will have more on this story later today.
City Council will vote today on whether it will move on with using $12 million in urban renewal funds to build a downtown grocery store, luxury apartment tower and parking garage to replace Pogue’s Garage. The Budget and Finance Committee already approved the project in a 7-0 vote Monday. If the full session of City Council approves the project, construction could begin late this year or early 2014, which means likely completion in 2015 or 2016.
Gov. John Kasich was unclear on whether he’ll support anti-abortion measures passed by the Ohio House and Senate in their budget bills. The governor reiterated that he’s “pro-life,” but he said he’s not sure if the measures go too far. The budget bills would effectively defund Planned Parenthood, use federal funds for pro-abstinence, anti-abortion crisis pregnancy centers and allow the state health director to shut down abortion clinics by making it more difficult for them to get required transfer agreements with hospitals.
Cincinnati Children’s Hospital ranked No. 3 in a new U.S. News and World Report for pediatric hospitals. The hospital also ranked No. 1 for pediatric cancer care.
The Catholic Archdiocese of Columbus won’t reinstate a fired gay teacher. But while Catholic institutions continue pursuing conservative social policies, some groups are pushing for the Church to reform.
New research found hands-free technology doesn’t make driving safer.
A study from Duke University found video gamers really do see more and better.
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The Ohio Senate proposed a budget amendment yesterday that would ban abortion providers from transferring patients to public hospitals. The rule continues a series of conservative pushes on social issues in the ongoing budget process that began in the Ohio House. The Ohio House budget bill effectively defunded Planned Parenthood and funded anti-abortion crisis pregnancy centers, while the Ohio Senate accepted those measures and added another rule that potentially allows the health director to shut down abortion clinics.
Republican Gov. John Kasich signed a bill that will prevent a full public audit of JobsOhio, the private nonprofit entity established by Kasich and Republican legislators to replace the Ohio Department of Development. The bill defines liquor profits, which were public funds before JobsOhio, and private funds in a way that bars the state auditor from looking into any funding sources that aren’t owed to the state. Last week, Democratic gubernatorial candidate Ed FitzGerald called on Kasich to veto the bill, claiming, “The people’s money is the people’s business, and this bill, which slams shut the door on accountability, is simply unacceptable.”
The Ohio-Kentucky-Indiana Regional Council of Governments (OKI) says the $4 million going to the streetcar is a done deal. Republican county commissioners Chris Monzel and Greg Hartmann tried to get OKI to pull the funds, but there now seems to be a general consensus that the money is contractually tied to the Southwest Ohio Regional Transit Authority (SORTA) and, therefore, the streetcar project. City Council is likely to consider a plan to plug the streetcar project’s budget gap later this month.
Libertarian mayoral candidate Jim Berns is handing out marijuana plants at a campaign event today, even though the event may run foul of state law. Democratic candidates John Cranley and Roxanne Qualls are generally considered the top contenders in this year’s mayoral race, but Berns has differentiated himself by putting marijuana legalization in his platform. While drug prohibition policies are generally dictated at state and federal levels, cities can decriminalize or legalize certain drugs and force police departments to give prohibition enforcement lower priority.
Ohio State University President Gordon Gee is retiring July 1 following controversial remarks about “those damn Catholics,” the University of Notre Dame and others. Gee, a Mormon, says he has regrets, but the gaffes didn’t compel him to retire. In a statement, OSU credited Gee with helping the school build an academic profile of a “highly selective, top-tier public research institution.”
Local officials cut the ribbon yesterday for the Roebling Bridge, the latest piece of infrastructure to debut at The Banks.
Fort Hamilton Hospital has a new president.
Cincinnati-based Fifth Third Bank has loaned more than any other big bank in the country, according to a new study.
How do mosquitoes survive storms? Popular Science has the answer.
Researchers unveiled a drone that can be controlled by thoughts. Next stop: the Iron Man suit.
Democratic gubernatorial candidate Ed FitzGerald called on Republican Gov. John Kasich, who’s running for re-election in 2014, to veto a bill that will prevent a full audit on JobsOhio, but Kasich spokesperson Rob Nichols says the governor will sign the bill. The bill will define JobsOhio’s liquor profits, which the agency gets from a lease deal with the state government, as private funds, closing the profits to an audit. The bill will also prevent State Auditor Dave Yost, a Republican who’s been pursuing an audit of JobsOhio, from looking into private funds in publicly funded agencies. The new limits on state audits could have repercussions beyond JobsOhio, making it more difficult to hold publicly funded agencies accountable. JobsOhio is a private nonprofit entity established by Kasich and Republican legislators in 2011 to replace the Ohio Department of Development.
The Ohio Senate will vote on a budget bill Thursday that continues to push conservative stances on social issues and aims to cut taxes for small businesses. The bill will potentially allow Ohio’s health director to shut down abortion clinics, effectively defund Planned Parenthood, fund anti-abortion crisis pregnancy centers and forgo the Medicaid expansion. The bill does not cut taxes for most Ohioans, unlike the Ohio House budget bill that cut income taxes for all Ohioans by 7 percent.
Local Democrats are unlikely to endorse a candidate
in this year’s mayoral race, which will likely be against Democrats
Roxanne Qualls and John Cranley. Even though both candidates are
Democrats, they have two major policy differences: Qualls supports the streetcar project, while Cranley opposes it. Qualls also supports the city’s plan to semi-privatize its parking assets, which Cranley opposes. CityBeat previously did Q&As with Cranley and Qualls.
The parties’ slates of City Council candidates are mostly set. This year, Democrats are running 10 candidates — more than the nine seats available in City Council. Meanwhile, Republicans are running four candidates and the Charter Committee is looking at three potential candidates.
Cincinnati already has some of the cleanest water in the nation, but Water Works is making improvements to its treatments. One new treatment will use an ultraviolet process to kill 99.9 percent of germs.
It’s National Internet Safety Month, and Ohio Attorney General Mike DeWine is asking Ohioans to be safe out there.
A 131-year-old historic building in the West End collapsed after a car crashed into it. The driver’s whereabouts are currently unknown.
Ohio State’s president, who’s a Mormon, is in trouble for making fun of Catholics.
Mason and Sophia are Ohio’s most popular baby names.
Dogs are currently the best bomb detectors, but scientists are aiming to do better.
Democratic gubernatorial candidate Ed FitzGerald is calling on Republican Gov. John Kasich to veto a bill that would prevent State Auditor Dave Yost, a Republican, from fully auditing JobsOhio, following months of controversy surrounding the private nonprofit entity.
"I further encourage the Governor to return to negotiations with Auditor Yost, with the explicit goal of establishing an open and transparent process by which the people of Ohio can be sure JobsOhio is spending our tax dollars efficiently, and that the program is doing what it is supposed to be doing: creating Ohio jobs," FitzGerald said in a statement. "The people’s money is the people’s business, and this bill, which slams shut the door on accountability, is simply unacceptable."
Yost claims he can audit JobsOhio's liquor profits, which add up to $100 million a year, and private funds, such as donations.
But the bill effectively defines JobsOhio's liquor profits as private funds that can't be audited by the state
auditor. Under the proposal, Yost could only audit liquor profits and excise taxes that JobsOhio owes to the state, with all other funds effectively deemed private.
JobsOhio was established by Kasich and Republican legislators in 2011 to replace the Ohio Department of Development. The agency's liquor profits come from a lease deal with the
state to run Ohio's liquor operations.
Yost argues the liquor profits are intrinsically public money because the money would be in public hands if JobsOhio wasn't handling operations.
But other Republicans, led by Kasich, say
opening JobsOhio to full audits would slow down the agency, hindering its
ability to quickly react to economic changes and tides. Kasich has often said the private nature of JobsOhio allows it to move at the "speed of business," which he claims fosters stronger economic development in Ohio.
Democrats have pushed back against the notion, saying JobsOhio's private nature only makes it more difficult to hold the state government accountable. With the latest bill, Democrats, who have now taken to dubbing the agency "RobsOhio," say their concerns are being vindicated.
But the bill could have far-reaching effects beyond JobsOhio that would effectively disallow the state auditor to audit privately funded accounts in any institution that receives public funding.
Despite Yost's pleas to involve him in the process, the auditing bill was passed through the Ohio House and Senate in just two days without his input.
Democrats were quick to criticize the bill, asking what JobsOhio has to hide.
Kasich is expected to sign the bill to make it law.
JobsOhio isn't the only privatization scheme pushed by Kasich. He also sold the Lake Erie Correctional Institution, a northeastern Ohio prison, to the Corrections Corporation of America. So far, inmate reports and inspections have largely found deplorable conditions at the Lake Erie facility ("From the Inside," issue of May 29).
The Ohio Senate sent a bill to Gov. John Kasich that prevents the state auditor from auditing private funds at JobsOhio and other publicly funded private entities. State Auditor Dave Yost has been pursuing a full audit of JobsOhio in the past few months, but state Republicans, led by Kasich, have opposed the audit. Ohio Democrats were quick to respond to the bill by asking what JobsOhio and Republicans have to hide. JobsOhio is a privatized development agency established by Kasich and Republican legislators meant to eventually replace the Ohio Department of Development.
City Council passed an operating budget yesterday that slashes several city services but prevents laying off cops and firefighters. Human services funding, which goes to programs that aid the homeless and poor, is getting some of the largest cuts, continuing what Josh Spring of the Greater Cincinnati Homeless Coalition says is a decade-long trend that has brought down human services funding from 1.5 percent of the budget to 0.3 percent. The budget also makes cuts to other programs and raises property taxes and several fees.
City Council will likely vote in June on how to fix the streetcar budget gap. So far, the only known plan is the city manager’s proposal, which would pull funding from various capital funding sources. The streetcar budget is part of the capital budget, which can’t be used to balance the operating budget because of limits established in state law.
The Ohio Senate budget bill increases education funding over the Ohio House bill. The Senate bill raises the limit on how much a school district can see its state funding increase, potentially putting fast-growing suburban schools at an advantage. The House and Senate bills use a model that gives schools base funding for each pupil — a model entirely different from Kasich’s proposal, which critics labeled wrongheaded and regressive.
Ohio Secretary of State Jon Husted broke a tie vote in the Hamilton County Board of Elections that will send 39 more “double voters” to the prosecutor. In most cases, the “double voter” filed an absentee ballot and voted in-person with a provision ballot on Election Day. The provisional ballots always ended up being tossed out, but Republicans say they want to find out if there were any bad intentions. Board of Elections Chairman Tim Burke, who’s also head of the Hamilton County Democratic Party, called Husted’s decision a “travesty,” labeling the investigation a “witch hunt, aimed at scaring the hell out of voters.” Husted, a Republican, said the cases at least deserve an investigation, even if they don’t lead to an indictment.
Mayor Mark Mallory and local business leaders are calling on Congress to take up immigration reform, which they argue will come as a boost to the economy. “In order to continue to have the strongest economy in the world, we need to have the most innovative and creative ideas being developed right here in Cincinnati and across the country,” Mallory said in a statement. “That requires the best and brightest talent from around the globe being welcomed to our country through a fair and sound system of immigration.”
WVXU says the list of local bike friendly destinations keeps growing.
Traveling to Mars could get someone fried by radiation.
In Cincinnati, an ankle MRI can range in price from $367.46 to $2,865.42, but weak transparency laws make it difficult for consumers to compare prices. But to make up for the lack of transparency, some companies are providing compiled price and quality data to paying employers. A previous report from Catalyst for Payment Reform and the Health Care Incentives Improvement Institute gave 29 states an “F” for health-care price transparency, Ohio and six other states a “D” and only New Hampshire and Massachusetts an “A.”
Ohio House Republicans killed Gov. John Kasich’s Medicaid expansion plan, but Ohio Democrats are planning to introduce the expansion as a standalone bill. The expansion, which was one of the few aspects of Kasich's budget that Democrats supported, would have saved the state money and insured 456,000 Ohioans by 2022, according to the Health Policy Institute of Ohio. CityBeat covered the Medicaid expansion and other aspects of Kasich’s budget proposal here.
In two 5-4 votes yesterday, City Council approved the executive director position for the streetcar project and a repeal on a “double dipping” ban. The city says it needs the measures to hire John Deatrick, the current manager of The Banks project, to head the streetcar project, but critics argue the city should not be making hires when it’s threatening to lay off 189 cops and 80 firefighters to balance the budget — even though the hire is through the capital budget used for the streetcar project, not the general fund that is used to employ cops and firefighters. CityBeat wrote more about the new position and the double dipping ban here.
This week’s commentary from CityBeat: “Religious Birth Control Exemptions Are a Double Standard.”
City Council also approved the Music Hall lease, which will enable extensive renovations. CityBeat covered some of the original details of the renovation plan when it was first announced here.
StateImpact Ohio has some information on how Ohio House Republicans’ plan for school funding differs from Kasich’s proposal. The big difference is Kasich’s plan was based on property taxes, which ended up being regressive, while the House plan is based on the average cost to educate each student, which makes it so less schools, particularly poor and rural schools that fell under Kasich’s plan, have their funding reduced. The House plan also expands performance-based pay and school choice, which Policy Matters previously found may hurt students and teachers. CityBeat covered Kasich’s proposal in further detail here.
Policy Matters Ohio posted an interactive map showing the county-by-county benefits of a state earned income tax credit. The credit, which mostly benefits low- and middle-income earners with children, is already used by the federal government and some states to progressively reward employment.
Freedom Ohio and Equality Ohio will debate the Family Research Council today over whether Ohio should legalize same-sex marriage. The debate will be streamed here. CityBeat covered Freedom Ohio’s same-sex marriage legalization efforts here.
The U.S. Postal Service will drop its threats to stop delivering on Saturdays after Congress denied the action.
A new study found humans tend to think strangers are staring at them.
Headline: “Why Are Monkey Butts So Colorful?”
In an interview with The Wall Street Journal, State Sen. Bill Seitz, a Cincinnati Republican, compared Ohio’s energy efficiency laws to former Soviet dictator Joseph Stalin’s five-year plan. Seitz is leading the charge on a review of the state’s energy efficiency and renewable energy standards, which CityBeat covered in further detail here. The review has been supported by Akron-based First Energy, an energy company that has long opposed Ohio’s energy efficiency standards. But environmental groups say they’re worried the review will water down a law that has brought clean energy and jobs to the state.
Cincinnati is poised to approve a lease of Music Hall that will allow renovations to move forward. The plan would lease the Music Hall for 75 years to carry out renovations that will likely cost between $50 million and $100 million, with the city contributing about $10 million. CityBeat covered the plan when it was first announced here.
In the midst of Cincinnati’s heated budget battle, the Ohio Casino Control Commission will release its monthly revenue estimates for Cincinnati’s Horseshoe Casino today. City officials estimated that about $9 million to $11 million will be available at a City Council meeting Thursday — seemingly the only point of agreement in a testy exchange over the city’s budget that left city leaders with no consensus on local budget woes. Democratic mayoral candidate John Cranley and others have proposed using casino revenue to help balance the city’s budget without layoffs, but Cranley’s $21 million estimate has drawn criticism for being unrealistic.
The Ohio House is likely to propose alternatives to Gov. John Kasich’s budget plan this week. State legislators have criticized Kasich’s plan for favoring the wealthy, raising taxes for many Ohioans and expanding Medicaid with the use of federal funds. CityBeat covered the governor’s plan in further detail here.
National parks around Ohio are cutting hours and hiring because of sequestration, a series of across-the-board budget cuts that began March 1 after congressional inaction. The cuts have forced the James A. Garfield National Historic Site at Mentor, Ohio, to close on Sundays, which means about 30,000 tourists will be unable to visit this year, according to Todd Arrington, chief of interpretation and education at the park.
Ohio’s rural speed limit is being changed to 70 mph, and signs will soon reflect that.
Margaret Thatcher, Great Britain’s only female prime minister, died at age 87.
A fusion rocket could shoot people to Mars in 30 days.
Cincinnati’s plan to lease parking assets to the Port of Greater Cincinnati Development Authority remains on hold as a lawsuit arguing the law should be subject to referendum works through the Hamilton County Common Pleas Court. The legal dispute is focused on City Council’s use of the emergency clause, which eliminates a 30-day waiting period on implementing laws and takes away the possibility of a referendum. Emergency clauses are routinely deployed in City Council, but opponents of the parking plan say that doesn’t make them right.
Whether the parking deal does go through or not, the Tower Place Mall renovations will be carried out. The city originally included the renovations as part of the plan, but Meg Olberding, city spokesperson, told The Cincinnati Enquirer that the city is planning on selling the the property to a subsidiary of JDL Warm Construction for an undisclosed sum, and the company will then pay an estimated $5 million for the redevelopment.
Gov. John Kasich’s plan to expand the sales tax to fund tax cuts is being heavily criticized by some members of the business community, but Rep. Ron Amstutz, chairman of the Ohio House Finance & Appropriations Committee, says he is looking into ways to save the proposal. Kasich’s plan would expand the application of the sales tax to include more services, including cable TV and admission to sport events, but it would lower the sales tax rate from 5.5 percent to 5 percent and carry out 20-percent across-the-board income tax cuts. CityBeat wrote about Kasich’s budget proposal in further detail here.
As part of Kasich’s education plans, the state’s school voucher program is expanding to help students meet a Third Grade Reading Guarantee, which requires third-graders pass a test in reading proficiency before they can move onto fourth grade. Supporters argue the voucher program provides more choice and control for parents, but opponents say the state should not be paying for private educations. A previous Policy Matters Ohio report found expanded school choice through more vouchers can have negative effects on education, including worse results for students and teachers.
State Auditor Dave Yost is pushing for a full audit of JobsOhio, the publicly funded private, nonprofit agency, but Republican state legislators are joining Kasich in opposition. The opposing Republicans say the state auditor can track any public funds used for JobsOhio, but they say the agency is allowed to keep its private funds under wraps. Kasich says he plans to replace the Ohio Department of Development, which can be fully audited by the state auditor at any time, with JobsOhio.
The Ohio Department of Education apparently knew or should have known of ongoing data scrubbing in schools as early as 2008, according to The Toledo Blade. Emails acquired by The Blade show officials analyzed and discussed data reports that year after media reports detailed how urban districts excluded thousands of test scores on state report cards.
Supporters of the Anna Louise Inn gathered Friday in celebration of International Women’s Day and to stand against Western & Southern’s repeated efforts to run the Inn out of the neighborhood.
The U.S. Census Bureau says Cincinnati commutes are much shorter than the national average, with only 2.9 percent of Cincinnatians spending more than 60 minutes one-way during their commute, as compared to the 8.1 percent national average.
The Cincinnati Enquirer unveiled its new tabloid format today. Ben Kaufman says it looks nice and arrived on time.
The Killers are coming to the Horseshoe Casino.
A new study says results from fMRI scans are unintentionally distorted and inaccurate — to the point that some studies on the human brain that use fMRI results may be seriously questionable.
The plan to lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority remains up in the air today after court rulings kept a court-mandated restraining order in place until at least March 15, when a hearing is scheduled at the Hamilton County Common Pleas Court.
The hearing on March 15 will establish whether the lawsuit should move forward and whether the restraining order will remain until the lawsuit is resolved. The latter poses a budgetary challenge to the city; if the restraining order is kept in place and opponents gather the signatures required for a November referendum on the parking plan, the city says it will have to make cuts before July to balance the budget for fiscal year 2014, which could result in layoffs.
“We’ve been very clear that, by state law, we need to have a balanced budget starting July 1, so we will need to do all things necessary at that point,” says Meg Olberding, city spokesperson.
The lawsuit was originally moved to federal courts on March 7 because it included complaints regarding civil rights. Plaintiffs removed the mention of civil rights, which then prompted Judge Michael Barrett to send the lawsuit back to the Hamilton County Common Pleas Court.
City Council approved the parking plan in a 5-4 vote on March 6, but the plan was almost immediately held up by a temporary restraining order from Hamilton County Common Pleas Judge Robert Winkler. The restraining order is meant to provide enough time to process a lawsuit filed by Curt Hartman, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST), on behalf of local activists who oppose the plan and argue it should be subject to referendum.
“If there was even five seconds without a temporary restraining order in place, the city’s going to sign that lease,” Chris Finney, another attorney that represents COAST, said in a public statement after the hearing with Barrett. “At that point, the city will argue that the case has moved and that the (referendum) petitions are void.”
The legal dispute is focused on City Council’s use of the emergency clause, which eliminates a 30-day waiting period on implementing laws but takes away the possibility of a referendum.
In an interview on March 7, Vice Mayor Roxanne Qualls, who voted for the parking plan, told CityBeat the dispute over emergency clauses is politically motivated: “I think it’s nothing but a political controversy that’s generated for political gain and for political purposes. Council passes many of its ordinances with emergency clauses. In fact, the other candidate for mayor himself consistently voted for emergency clauses.”
The other mayoral candidate Qualls is referring to is John Cranley, a former council member who opposes the parking plan and says he will support a referendum effort.
“Just because the emergency clause may be used too often doesn’t make it right,” says Cranley. “I never voted for an emergency clause when there was a stated grassroots effort to have a referendum on a vote that I was facing.”
CityBeat previously covered the parking plan in further detail here.