The Requiem Project, a nonprofit organization formed in 2008 to oversee programming and raise money to renovate the century-old theater, says that’s exactly where the University of Cincinnati has failed to fulfill the requirements of overseeing the property, and it is asking the Court of Common Pleas to remove UC from ownership of the building.
The Requiem Project yesterday filed an amendment to its lawsuit against UC and lessees of the property housing the Emery Theatre, arguing that UC and the organizations operating the building have systematically failed their charitable purpose by allowing the theater to fall into disrepair after non-use for so many years.
The suit asks the court to award the Requiem Project the lease under which another nonprofit, the Emery Center Corp. (ECC), is currently operating the theater via a series of subleases from UC. If UC is removed as owner, the building could be overseen by the city or another nonprofit organization and Requiem could sublease from it.
UC assumed control of the building in the 1970s but needed permission to renovate most of it into apartments because of the charitable trust’s requirement that the building continue to serve the community. A 1999 court ruling allowed the development but required all profits to be used to renovate the Emery Theatre. Fourteen years later, the apartment operators say there are multiple mortgages on the property and no profits.
“The Court should remove UC as owner and trustee of the property, as UC has proved itself an unfit custodian,” the complaint states.
The complaint includes photos of various rundown areas inside the theater with captions such as, “Closed-off bathrooms. UC’s ‘saving’ The Emery” and “UC’s standard of fiduciary ‘care.’”
CityBeat covered the original lawsuit in August here.
The complaint accuses UC, ECC and Emery Center Apartments Limited Partnership (ECALP) — the for-profit company that oversees the building’s apartments — of conspiring to breach a 2010 letter of intent that stated ECC would sublease the theater to Requiem on the same terms as ECC is currently operating the theater. Requiem says the binding letter of intent is still valid and gives its organizers the right to a long-term lease that will allow them to raise money while operating the theater.
The Requiem’s cofounders, Tina Manchise and Tara Gordon, maintain in their lawsuit that the ECC and UC are purposely blocking the Requiem from moving forward with their original plan to incrementally update the 1,600-seat theater and allow programming to continue during the process.
After signing the letter of intent in 2010, the Requiem Project temporarily opened the Emery Theatre in 2011 to celebrate the 100-year anniversary of Mary Emery’s dedication of the theater and to reintroduce the public to the long-overlooked resource — the theater was modeled after Carnegie Hall in New York City and is considered “acoustically pure.” It was the home of the Cincinnati Symphony Orchestra from 1912-36 and has hosted the likes of Eleanor Roosevelt and Dr. Martin Luther King, Jr.
Although UC owns the building, it subleases the building to ECALP, which subleases the Emery Theatre to ECC. When contacted by CityBeat in August, UC spokesperson Greg Hand declined to comment, only stating that UC doesn’t have a relationship with the Requiem Project because its only relationship is with ECALP.
ECC informed Requiem in January that it would not renew its management agreement “for no cause,” according to the lawsuit, and then asked Requiem to vacate the building in August.
The complaint also seeks damages related to money Requiem has invested in the theater and losses caused by the August eviction. It is schedule for trial in February.
The Ohio House yesterday offered overwhelming support for a
bill that would authorize local health boards across the state to
establish syringe-exchange programs with fewer roadblocks, which could pave the way for Cincinnati to establish myriad programs across its neighborhoods most afflicted by intravenous drug use and bloodborne pathogens.
House Bill 92, sponsored jointly by Rep. Nickie Antonio (D-Lakewood) and Rep. Barbara Sears (R-Sylvania), would remove a restriction that stipulates programs can only be implemented when a local health emergency has been declared and lays out mandates for programs to protect the rights and educate the intravenous drug users who take advantage of the programs.
Syringe exchange programs have been the privy to significant controversy; opposers say that offering addicts the tools they need to fuel drug habits ultimately fuels destructive habits and sends the wrong message to drug abusers.
What’s helped turn the issue non-partisan, however, is overwhelming data supporting claims that the program saves lives. In 2004, the World Health Organization published a study on the effectiveness of syringe programming in reducing HIV/AIDS that found a “compelling case that (needle-exchange programs) substantially and cost effectively reduce the spread of HIV among (injection drug users) and do so without evidence of exacerbating injecting drug use at either the individual or societal level.”
Adam Reilly, who is an HIV project manager for a local
healthcare provider, says that a syringe exchange program is already in
the works for Springdale; the location is expected to open in about a
month. He says that project has been seven years in the making because of how entangled efforts to establish the program become in bureaucracy. Establishing a program is particularly laborious, he explains, because it requires citywide cooperation — including law enforcement — which has proven to be a challenge for programs in other states, where police officers are prone to harass participants entering or leaving an exchange facility.
The current bill would essentially take the issue out of
the political arena, Reilly says, and thrust the responsibility onto
health departments. The city of Cincinnati in 2012 already declared a public health emergency following significant proof of a citywide HIV/Hepatitis C epidemic sourced primarily from heroin abuse.
Cincinnati's now-defunct nonprofit agency STOP AIDS found through focus groups that the majority of intravenous drug users are Caucasian middle-aged males; 145 of 147 study subjects reported using ineffective methods to clean used equipment. Their data estimates that 4,000-6,000 people locally are currently living with HIV/AIDS.
STOP AIDS also estimated that spending $385,000 per year on a syringe exchange program has the potential to save nearly $50 million annually in health costs generated from contracting HIV or HCV infections.
To make the program as effective as possible, Reilly says other exchange programs offer participants assurance in writing that their identities will be protected; the House bill also says that future programs wold be required to encourage drug users to seek medical, mental health or social services, also offer counseling and other educational requirements.
In the ongoing saga of Western & Southern vs. the Anna Louise Inn, there have been several court cases and zoning rulings, most of which have been appealed by one side or the other. Today it was the Cincinnati Zoning Board of Appeals’ turn to rule on something that’s already been ruled on, and it went in favor of the Anna Louise Inn.
The Board upheld a certificate of appropriateness for the Anna Louise Inn’s planned renovation, which essentially also upholds the Historic Conservation Board’s right to issue a conditional use permit — at least for now. Western & Southern is expected to appeal that permit, granted by the Conservation Board Aug. 27, before its 30-day window to do so expires.
Before this series of appeals can play out, the 1st District Court of Appeals will hear arguments in the Anna Louise Inn’s appeal of Judge Norbert Nadel’s May 27 ruling, which set in motion the Inn’s attempts to secure zoning approval from the Historical Conservation Board in the first place.
(All of this could have been avoided if Western & Southern would have purchased the Anna Louise Inn when it had the chance. CityBeat previously reported the details of Western & Southern’s failure to purchase the Inn and the company’s subsequent attempts to force the Inn out of the neighborhood here.)
About 40 people attended today’s hearing, including City Councilman Wendell Young, who said he supports the Anna Louise Inn but was not there to testify on its behalf.
By upholding the certificate of appropriateness, the ruling keeps alive a conditional use permit that could allow the Anna Louise Inn to move forward with a $13 million renovation of its historic building, once the expected appeals process plays out. (CityBeat covered the Aug. 27 Historical Conservation Board hearing here.)
The Board heard brief arguments from lawyers for both Western & Southern and Cincinnati Union Bethel and then entered executive session for about 15 minutes before ruling in favor of the Anna Louise Inn.
Western & Southern lawyer Francis Barrett, who is the brother of Western & Southern CEO John Barrett and a member of the University of Cincinnati Board of Trustees, told CityBeat after the meeting that he disagreed with the board’s finding because a designed expansion of the building’s fifth floor has not yet had its use approved.
“With this case, the Historical Conservation Board is basically approving for the certificate of appropriateness the design of the building,” Barrett said. “But the design included an expansion of the fifth floor, and until that use issue is resolved the code reads, in my opinion, you can’t approve the design because the use hasn’t been approved.”
Barrett during the hearing read a written statement to the board arguing two main points: that the Historic Conservation Board didn’t have the jurisdiction to grant the certificate of appropriateness; and even if it did, Barrett argued, the physical expansion planned makes it a non-conforming use which wouldn’t qualify for the building permit.
Cincinnati Union Bethel attorney Tim Burke told the Board that the Anna Louise Inn is not seeking a permit for non-conforming use because it already received a conditional use permit from the Historic Conservation Board.
“Western & Southern is doing everything it can to block this renovation from happening,” Burke told the Board.
At the Historic Conservation Board hearing last month
Western & Southern tried paint a picture of the Anna Louise Inn’s
residents contributing to crime in the area because a condition of the
conditional use permit is that the building’s use will not be
detrimental to public health and safety or negatively affect property
values in the neighborhood. But the Board granted the permit, stating
that the Anna Louise Inn will not be detrimental to public health and
safety or harmful to nearby properties in the neighborhood and that the
Board found no direct evidence connecting residents of the Anna Louise
Inn to criminal activity in the neighborhood. Western & Southern has until next week to appeal that ruling.
When the stimulus package passed in 2009, the federal government sent out funds that worked to prevent homelessness. The funds, which seek to prevent homelessness instead of just treating the problem after it arises, made their way to local organization Strategies to End Homelessness. With the boost, the group, which coordinates efforts to combat homelessness in Cincinnati, has been helping thousands of at-risk people and those who are already homeless.
But that funding is soon coming to an end. The stimulus package was only meant to be a temporary jolt to deal with the Great Recession. It was not meant as a long-term funding package. For Strategies to End Homelessness, that prevents a new challenge.
The organization used the stimulus funding to partner with United Way and seven other local agencies to coordinate homeless aid. The organization is continuing its partnership with United Way and five of the agencies, but it will have to draw down some of its services.
“When the stimulus funding was in place, we were able to work with 250 households at a time to try to prevent them from becoming homeless,” says Kevin Finn, executive director of Strategies to End Homelessness. “Now, with the level of funding that is available, it’s more like 50 or 60 households at a time that we are able to work with.”
What this means is programs, such as the Homeless Prevention / Rapid Rehousing Program (HPRP), will continue to service people who are at risk of becoming homeless, but the program will have a stricter limit on who to help.
One bright spot for Finn is that even though the organization is losing most of the funding, it’s not losing it all. Due to the success of organizations like Strategies to End Homelessness, the U.S. Department of Housing and Urban Development has decided to make some of the funding permanent. This will let the organization continue focusing on some preventive measures instead of just focusing on what Finn calls the “meat and potatoes” of anti-homelessness efforts — or services for people that are already homeless — that have always existed.
“Sometimes when you work with the homeless you struggle to find a silver lining,” he says. “That is one right there.”
Finn says preventive measures are very important in fighting homelessness because once someone becomes homeless and the longer someone becomes homeless, the harder it becomes to get them back into new homes. Finn gave one example for why this is the case: “If they would get mugged in the street and lose their ID, an ID is something that you need in order to get an apartment and in order to get a job.”
At the end of the day, Strategies to End Homelessness will
continue working in Cincinnati, just with less funding. Finn says he
wants his organization’s continuous work to break some misconceptions
about anti-homelessness efforts in the city.
“I think sometimes the perception in the community is that services for the homeless and also prevention measures are sort of a number of little agencies out doing their own thing,” he says. “It’s very much a coordinated effort between us, the United Way and these five agencies.”
City Leaders have decided that they
don't need to sell Music Hall to a private organization in order for
the historic building to receive tax credits toward its renovation.
Mayor Mallory on Sunday told The Enquirer that selling the building
was not part of any discussion he's willing to have. While city
leaders hope a public-private partnership like that which has
renovated Washington Park can help update the building, organizers
with the Music Hall Revitalization Co. say some donors willing to
contribute to the private renovation of the building will not
contribute to the project while it is city owned. On Saturday, the Music Hall Revitalization Co.'s leader, Jack Rouse, resigned.
First they had a giant bridge built over their neighborhood. Now the residents of Lower Price Hill who live near the Sixth Street viaduct hope construction crews can take it down without causing too many clouds of lead paint dust to cover their homes. The viaduct is being replaced by a new structure currently under construction south of the existing one.
Ohio's second of four new casinos is set to open in Toledo next week. Cleveland's casino opened last week, while Columbus' Hollywood Casino is scheduled to open this fall with Cincinnati's Horseshoe in-line for an early 2013 unveiling.
Jury selection in the trail of former Goldman Sachs/Procter & Gamble board member Rajat Gupta began today in federal court in Manhattan. Gupta is accused of insider trading stemming from a 2008 phone call that authorities have already used to convict hedge fund manager Raj Rajaratnam, who is currently serving an 11-year sentence. From the AP:
Rajaratnam has been the biggest catch so far in a wide-ranging insider-trading investigation by U.S. Attorney Preet Bharara that's resulted in more than two dozen prosecutions of white collar defendants. But based on Gupta's standing in the world of finance, his trial could draw more attention — and a potential conviction could resonate farther.
Aside from his role at Goldman Sachs, the Indian-born Gupta is the former chief of McKinsey & Co., a highly regarded global consulting firm that zealously guards its reputation for discretion and integrity.
Gupta, 63, is also a former director of the huge consumer products company Procter & Gamble Co., a pillar of American industry and one of the 30 companies that make up the Dow Jones industrial average. P&G owns many well-known brands including Bounty, Tide and Pringles.
Researchers have created a national registry of wrongful conviction exonerations that has identified 873 faulty convictions during the past 23 years that have been recognized by authorities. The registry's founders say the collection is only a fraction of such convictions and that it demonstrates a serious problem with America's criminal justice system.
"What this shows is that the criminal justice system makes mistakes, and they are more common than people think," said University of Michigan law professor Samuel Gross, the registry's editor. "It is not the rule, but we won't learn to get better unless we pay attention to these cases."
The John Edwards jury is still in deliberations today trying to determine whether the former Democratic presidential candidate conspired to violate election laws while hiding an extramarital affair during his campaign. Prosecutors say Edwards solicited more than $900,000 from a 101-year-old woman named Rachel “Bunny” Mellon and a Texas lawyer to hide a child from his wife, who had cancer at the time.
Protests continued in Chicago today during the final day of the NATO summit.
Apparently 25 percent of American teens have diabetes or pre-diabetes, up from 9 percent in 1999-2000.
People in Asia and the western U.S. last night got to see a solar eclipse that looked like a ring of fire.
The private rocket scheduled to launch a commercial space capsule was forced to abort its mission on Saturday but is scheduled to fly up into space on Tuesday.
The anti-abortion politician who urged Susan G. Komen for the Cure to pull its funding from Planned Parenthood has resigned from the charity.
Karen Handel, who was Komen’s vice president of public policy, submitted her resignation letter today, the Associated Press reported. Handel said she stands by her goal of ending grants to Planned Parenthood and is disappointed that Komen leaders reversed the decision after public outcry.
Despite its founder’s insistence Thursday that reaction had been mostly favorable, the Susan G. Komen for the Cure charity abruptly reversed course today and is restoring funding for Planned Parenthood.
The Los Angeles Times reports Nancy G. Brinker, Komen's founder and CEO, said that the breast cancer foundation's decision to halt funding to providers who were under investigation was not done for political reasons and was not meant to penalize Planned Parenthood specifically.
The Freestore Foodbank today began its annual distribution of Thanksgiving meals to needy families. The delivery of meals will continue through Wednesday afternoon.
Workers at the Freestore will deliver boxes to about 23,000 families throughout the Tristate region.
A man who was once homeless and relied on the Drop Inn Center in Over-the-Rhine for shelter will return there later this month to sign copies of his recently released autobiography.
Donald Whitehead Jr. will sign copies of his book, Most Unlikely to Succeed, from 5:30-7:30 p.m. July 29 at the shelter. The Drop Inn is located at 217 W. 12th St.