When staff writers leave CityBeat they have, in the past, had an opportunity to publish a “so long” piece. It’s usually done as a column or a first-person commentary. My last piece for CityBeat will be a review of a new book that looks at the current U.S. slave market.
Plenty of politicians and pundits have expounded upon the intellectual arguments about why the Bush Administration was wrong in using torture techniques on detainees during interrogation. Often, though, plain-spoken language is more effective in crystallizing an idea for people.
The latest example is words uttered by Jesse Ventura, the former pro wrestler who was once the governor of Minnesota. Appearing Tuesday night on CNN’s Larry King Live, Ventura succinctly and effectively spoke about the torture issue.
During an election year, city council and the mayor member profess to care about the most vulnerable in our society, but their actions are speaking much louder than words. Mayor Mark Mallory allowed a city budget proposal to go forward that would have eliminated all human services funding and the meager investment was only restored after groups like the YWCA Battered Women’s Shelter and the Greater Cincinnati Coalition for the Homeless organized strong and vocal opposition and the money was restored.
This international celebration of Fair Trade, with events taking place in over 80 countries, takes place on May 9. And who better to host locally than Ten Thousand Villages (2011 Madison Rd.) a store dedicated to making fair trade goods available.
Considering that the United States has incarcerated more of its citizens than any other country in the world, we’ve created a problem we can’t avoid – re-integrating millions of people into mainstream society. With restrictions on employment that bar former felons from even submitting an application for an open position, we’re creating conditions that, at best, force former offenders into lying to get jobs or returning to crime in order to survive.
In 2009 Hamilton County was responsible for the lives of 1,243 children.
“They were involved with the court system because of abuse or neglect by their parents or caregivers,” according to ProKids.
The belief that anyone “asks” to be abused and the complacency that relegate domestic violence to “a family matter” is why Take Back the Night is marching into another decade.
Ingenuity, creativity, the determination to succeed – this is the stuff of innovation that people brag about when advances in technology or positive change are highlighted. Finding a solution for an impossible situation ups the value of these bragging rights, but what drives it all is the unshakable motivation to get to a new solution.
Money worries have many people focusing on their checkbooks and losing sight of the world around them. Taking care of “my own” comes before everything else is why people aren’t aware of what’s happening in Cincinnati as a result of the economic downturn, according to Tracy Cook, executive director of ProKids.
The NAACP turned out to the City Council meeting Wednesday to start the conversation about a disproportionate amount of city contracts awarded to non-minority contractors. Many of the speakers said that of the $1 billion worth of contracts awarded by the city, less than 1 percent were given to minorities.
While the rest of the world is dealing with problems like gun violence, poverty, hunger, terrorist attacks and natural disasters, hoards of people all across the country tomorrow will dedicate their time, energy and voices to another important cause.
That cause, of course, is protesting the Boy Scouts of America's proposal to change its homophobic membership standards and start openly recognizing that some Boy Scouts are going to be gay and stay that way, whether a bunch of uptight parents want to realize it or not.
It's propelled by OnMyHonor.net, which describes itself as a "coalition of concerned Boy Scouts of America (BSA) parents, Scoutmasters, Eagle Scouts and other Scouting leaders who affirm Scouting's timeless values." By "values," of course, they're referring directly to their idea that allowing open homosexuality among Boy Scouts would be some kind of moral dilemma that would inevitably lead to the organization's demise and corrupt little badge-seeking boys all across America.
The resolution is to be voted on by the Boy Scouts national council meeting on May 22 in Grapevine, Texas. At a place, in some awesome twist of fate, called the GAYLORD TEXAN RESORT & CONVENTION CENTER.
If it's approved, it would change the current membership policy and allow openly gay Scouts, but leaders would still have to stay in the closet, which is totally inconsistent and probably would be really confusing for kids who are supposed to look up to troop leaders as idols and mentors.
For now, the local anti-gay Scout supporters are holding their "Rally for Scouting" at noon on Friday, May 17 in protest of the change at the Dan Beard Council at 10078 Reading Road in Evendale. It joins 39 other chapters across the country.
On My Honor recently published an open letter to BSA delegates on why they should vote "no," and it's full of even more incongruities than the proposed membership policy, including assertions that allowing Boy Scouts to be openly gay will lead to mass gay orgies and ultimately lead to the downfall of the entire Boy Scouts. See it for yourself:
But boy what a difference a gay son and two years of reflection make.
Portman had to prepare his own coming out speech yesterday, this one to his GOP senatorial brothers and sisters, none of which support same-sex marriage. Imagine how nervous he must have been, sleeves rolled up, flag pin hanging slightly askew as he spoke to reporters in response to the op-ed he published supporting gay marriage. If he stuttered at all it’s not because he wasn’t earnest — he just really loves his son.Two years ago Portman’s son, Will, was a freshman at Yale when he came home and explained that being gay “was not a choice,” which seems to have resonated with Dad. Portman consulted with religious leaders and other men who have been anti-gay even though they have close family members who are homosexual, like former Vice President Dick Cheney, who probably said something like, “Dude, it doesn’t matter anymore now that Obama is talking about queers in the State of the Union and shit. Roll Tide.”
Portman explained his new found interest in respecting millions of fellow humans this way: "[I want] him to have the same opportunities that his brother and sister would have — to have a relationship like Jane and I have had for over 26 years.”
Portman says he would like to see congress overturn the Defense of Marriage Act, a redundant and discriminatory piece of legislation banning federal recognition of gay marriage, which he helped pass in 1996. But he still doesn’t think the federal government should tread on the states and make them recognize it if they don’t want to.
Meanwhile, in Washington Harbor, Md., Republicans at the Conservative Political Action Conference yesterday discussed their bigotry during a panel called "A Rainbow on the Right: Growing the Coalition." The featured speaker was Jimmy LaSalvia, whose Republican gay-rights organization GOProud wasn’t allowed to sponsor the conference.
While gay-rights leaders celebrate the support and the possibility of other powerful Republicans realizing that they know and care about someone who is different, the announcement brings attention to other conservatives trying to remove yuckiness from the party’s official stance on homosexuality and gay marriage.
NBC News today recapped a few other Republicans who have recently come out in support of gay-marriage:
Jon Huntsman, a GOP presidential candidate in 2012 who had endorsed civil unions, said this year that he supports marriage rights. Furthermore, he framed it in conservative terms.
"There is nothing conservative about denying other Americans the ability to forge that same relationship with the person they love," he wrote.
And Theodore Olson, a former solicitor general for President George W. Bush, has been one of the lead attorneys challenging California's Proposition 8, a ballot initiative barring same-sex marriage in that state. (Portman fretted in his op-ed that a court decision might hamper the political movement toward legalizing gay and lesbian weddings.)
And Fred Malek, a Republican power-broker, told NBC News this week that conservatives shouldn't feel threatened by gays and lesbian couples who wish to marry.
"I've always felt that marriage is between a man and a woman, but other people don't agree with that," he said. "People should be able to live their lives the way they choose. And it's not going to threaten our overall value system or our country to allow gays to marry, if that's what they want to do."
Nearly a quarter of Republicans reportedly support same-sex rights, leaving the door open for plenty more GOP leaders to search for gay family members on Facebook who might offer insight inspirational enough to frame their own stories of new found compassion and respect for other people.
Schulte denied the request, according to Seelbach, which propelled him to make a post on Facebook informing people of the decision and requesting that others not walk in the parade as a sign of support. "By participating, in a sense, you're supporting their decision. They [GLSEN] just want to wear their T-shirts and walk in the parade."
The parade is set to take place tomorrow, Saturday, March 16 at noon beginning at Eggleston Avenue and Reedy Street downtown.
Seelbach is also suggesting people contact Schulte to urge him to allow GLSEN to participate at 513-941-3798 or firstname.lastname@example.org. CityBeat's attempt to contact Schulte by phone was unsuccessful. We'll update this story if we receive any new information.
The case of a
former Miami University student who pleaded guilty to disorderly
conduct for posting a “Top Ten Ways to Get Away with Rape” flier in a
dormitory bathroom just keeps getting more controversial.
The controversy began Nov. 8, when Butler County Area 1 Court Judge Robert Lyons took the guilty plea and ordered all record of the case — including the defendant’s name — sealed from public view. The MU police chief says he is bound by Lyons’ order and can’t release the name. The Butler County Prosecuting Attorney’s office did not object to the sealing of the file.
The Cincinnati Enquirer entered the picture six days later. It sued Lyons in the Ohio Supreme Court, saying he sealed the file without giving the newspaper a chance to argue for public access. In his answer — filed by the Prosecuting Attorney’s office on Dec. 13 — Lyons stood by his actions. Furthermore, he wrote that “there was no plea” in the case.
Now we know where that came from. On that very same day, the case was back in Lyons court for reconsideration. This time, prosecutors agreed to drop the charge, and Lyons ruled it so. And, once again, he sealed the file, and no one present objected. The Enquirer reported on the dismissal Wednesday.
Prosecuting Attorney Mike Gmoser won’t say why he agreed to dropping the charge until the Supreme Court case is over. “Save that question, and I will give you a full and detailed statement,” he told CityBeat. “I don’t try cases in the press.”
Gmoser said he is asking the Supreme Court to dismiss the Enquirer’s suit because the issue at hand is “moot.”
Their highly accurate texts were created without seeing the scrolls and they shattered secrecy created by a cabal of scholars who for decades restricted other researchers’ and translators’ access to the ancient documents.
Steve Rosen’s recent Page 1 story in the Enquirer got that right. The other scoop was my 1991 Enquirer story reporting Wacholder and Abegg’s triumph. Our photo showed visually impaired Wacholder looking at a dramatically enlarged image on a Mac.
Their ordeal had its origin in a promise by then-HUC president Nelson Glueck in 1969. He agreed to house 1000-plus photographic images of the scrolls lest something happen to the originals. He also agreed with scholars controlling access to the scrolls that no one else would see the HUC negatives while the original scrolls existed.
That included Wacholder. To his frustration, HUC honored that promise even after Glueck’s death and despite the growing international controversy over restricted scholarly access to many of the original scrolls.
Today’s Biblical Archaeology Society website, biblicalarchaeology.org, recalled how Wacholder and Abegg got lucky in 1989. Chief editor of the scrolls John Strugnell sent a copy of a secret concordance of the Dead Sea Scrolls to Wacholder. It “consisted of photocopies of index cards on which every word in the unpublished scrolls was listed, including its location and the few words surrounding it.” It was their Rosetta Stone.
Wacholder and Abegg programmed the Mac to apply their knowledge of ancient literature to the data in the concordance. "I'm sick and tired of all this waiting," he told me at the time.
In 1991, the society’s Biblical Archaeology Review published the reconstructions, breaking the more-than-40-year-old monopoly on the scrolls.
And when jealous scholars challenged the accuracy of the reconstructions, Wacholder was dismissive. "I'll match my knowing of the . . . texts - even blind — any of them.
Wacholder died last year. Abegg became professor and co-director of the Dead Sea Scrolls Institute at Trinity Western University in British Columbia.
• I’ve described my fear that the Cleveland Plain Dealer — long Ohio’s best daily — will follow other Advance Publications into print obscurity. PD journalists also heard the clatter of bean counters and created the Save The Plain Dealer campaign. Earlier this year, Advance — another name for Newhouse family publications — the New Orleans Times-Picayune as a traditional daily. It fired lots of journalists and now is printed three days a week to accommodate heavy advertising. Surviving journalists also work online every day. With that innovation, Newhouse made New Orleans America’s largest city without a daily paper. Smaller Advance dailies suffered the same fate. Poynter.com quoted an email from PD science writer John Mangels earlier this month:
“The multimedia campaign will begin Sunday with a half-page ad in The Plain Dealer, to be followed by bus and billboard ads throughout the city. TV and radio ads will appear soon. There will be mass mailings and e mailings to elected officials, political and business leaders and other people of influence. We’ll have a Facebook page with an abundance of content, a petition on Change.org, and a Twitter feed. We’re also working to organize community forums where we’ll discuss the future of journalism in Northeast Ohio, and the potential impact of the loss of the daily paper and much of its experienced newsgathering staff.”
Later, reached by phone, Mangels told Poynter that PD management hasn’t said anything about Advance’s plans. “The only detail that we’ve been told by our bosses here is that major changes are coming, layoffs in some number are coming,” Mangels said.
• Have you noticed how GOP aspirants for the 2016 presidential nomination are using long-reviled mainstream news media (MSM) to distance themselves from Romney and his disdain for retirees, veterans, Hispanics, African Americans, and young adults? I love the GOP’s irony deficit. They’ve spent decades teaching True Believers that the MSM is an evil, liberal cabal, not to be trusted. Now, these same Republican 40-somethings want voters to believe what the mainstream news media tell them about their aspirations and sagacity. They’re also fleeing Romney’s transparent hypocrisy and its blowback; benefits to Democratic constituencies are meant to buy votes but benefits for GOP constituencies never, ever should be understood as a way to woo financial support or votes.
• Here’s an angle I haven’t encountered in post-election coverage: an almost inevitable GOP win in 2016. Not only is a second elected term unusual for modern Democratic presidents, but a third term for either party is rare. Since FDR in 1940, only popular Republican Ronald Reagan was succeeded by a Republican, George H. W. Bush. I’m not alone if my reading to liberal columnists is a fair indicator of grudging agreement. They want Obama to push through agendas they’ve advocated for the past four years and to find the cajones to fight for his nominations when they go before the Senate led by Kentucky Pride Mitch McConnell.
• Propaganda-laden cable news and TV/radio talk shows can lull angry, fearful partisans and voters into believing what facts refute. And I mean refute not rebut. Anything out of sync with those GOP media was rejected as MSM bias. Whether it was a Pavlovian response, delusional thinking or magical realism, the result was Republican candidates, consultants, strategists, voters and Fox News were stunned when state after state went for Obama. Carl Rove went into a spin of denial on Fox News as election returns came in; he believed what Fox News had been telling him for months: Romney in a walk. What was that cliche, something about drinking the Kool-aid?
• This from Eric Alterman in his What Liberal Media? column in The Nation: “They watched Fox News, read The Wall Street Journal, clicked on Drudge and the Daily Caller, and listened to the likes of Rush Limbaugh, Hugh Hewitt, Karl Rove, Dick Morris and Peggy Noonan promise them that their Kenyan/Muslim/socialist/terrorist nightmare was nearly over. One election was all that stood between them and a country without capital gains taxes, pollution regulation, healthcare mandates, gay marriage and abortions for rape victims.”
Alterman continued: “The less wonderful irony involves the supporting role the mainstream media played in this un-reality show. Post-truth politics reached a new pinnacle this year as major MSM machers admitted to a lack of concern with the veracity of the news their institutions reported. ‘It’s not our job to litigate [the facts] in the paper,’ New York Times national editor Sam Sifton told the paper’s public editor, Margaret Sullivan, regarding phony Republican ‘voter fraud’ allegations. ‘We need to state what each side says.’ ‘The truth? C’mon, this is a political convention’ was the headline over a column by Glenn Kessler, the Washington Post ‘fact-checker.’ Yes, you read that right.”
How bad was it? Alterman quoted Steve Benen, a blogger and Rachel Maddow Show producer. He “counted fully 917 false statements made by Mitt Romney during 2012. Just about the truest words to come out of the campaign were those of the Romney pollster who explained, ‘We’re not going to let our campaign be dictated by fact-checkers.’ But not only did many members of the MSM give Romney a pass on his serial lying; they actually endorsed his candidacy on the assumption that we need not take seriously any of those statements the candidate had felt compelled to make in order to win the nomination of his party.”
• In the expanding universe of online calumny, few American public officials or public figures strike back big time in part because of broad First Amendment protections available to defamers. British libel law makes it much easier for the victim to win. The latest target of false online vilification is Lord Alistair McAlpine. BBC implicated but didn’t name him in its spreading child abuse scandal. However, so little was left to the imagination that in Britain’s media/politics hothouse that McAlpine was named in myriad tweets.
BBC quickly admitted error and paid him almost $300,000 to salve his bruised feelings. ITV — Britain’s Independent Television — followed BBC with apology and more than $200,000 for inadvertently accusing McAlpine of abusing children.
McAlpine is offering to accept a tweeted apology and modest payment from most of the tweeters. He’s less forgiving of 20 members of Parliament, journalists and other public officials and figures. They probably face costly libel actions in a country where it’s almost impossible for a defendant to win.
• Assume every microphone in front of you is “on.” You don’t warm up with “There once was a man from Nantucket . . . “ on the assumption that mic is dead. Myriad public figures have ignored that Law of the Jungle to their pain. The latest is Jonathan Sacks, Orthodox chief rabbi of Great Britain, who delivers a “Thought for the Day” regularly on BBC radio’s Today program.
Here’s the Telegraph report and another statement from the overworked BBC apology machine. After Sacks finished and apparently assumed his mic was turned off, host Evan Davis asked, “Jonathan, before you go, you know, any thoughts on what’s going on over in Israel and Gaza at the moment?”
Lord Sacks sighed, before replying: “I think it has got to do with Iran, actually.”
Cohost Sarah Montague realized Sacks did not seem to know his remarks were being broadcast and she could be heard to whisper: “We, we’re live.”
Lord Sacks adopted a more formal broadcasting manner and suggested the crisis demanded “a continued prayer for peace, not only in Gaza but for the whole region. No-one gains from violence. Not the Palestinians, not the Israelis. This is an issue here where we must all pray for peace and work for it.”
Later, BBC apologized for catching Sacks off-guard. A spokesman said: “The Chief Rabbi hadn’t realized he was still on-air and as soon as this became apparent, we interjected. (Host) Evan likes to be spontaneous with guests but he accepts that in this case it was inappropriate and he has apologized to Lord Sacks. The BBC would reiterate that apology.”
• So far, I haven’t found a news angle beyond prurience in the Petraeus resignation. Yes, there could have been a national security issue, but once then-spymaster Petraeus went public about his extramarital affair, he couldn’t be blackmailed. We’ll never know how well the CIA would have run under Petraeus, but turning it further into an almost unaccountable paramilitary force with its fleet of deadly drones killing Americans abroad and others would not have been in the national interest. We need a good spy agency. Killing people you’re trying to subvert and convert is a lousy game plan.
• Admiring and available women are no stranger to powerful public and corporate leaders. Generals are no exception. Neither are social climbers hoping to use them. All that’s missing from the Petraeus soap opera is for some just-married junior officer to claim his general exercised droit du seigneur.
• We can wonder what their frequently mentioned Lebanese origins have to do with the Tampa twins’ roles in the Petraeus soap opera, or whether Paula’s arms are fitter and better displayed than Michele’s. After that, let’s get to the fun stuff: the ease with which law enforcement obtains our emails.
a belated Thanksgiving note. Somehow, I found a turkey on the
Copperbelt in Central Africa where I was editing the new daily Zambia
Times. I did my best to explain how to roast it with stuffing to the
cook in the house I was caring for. He served it that evening with
obvious pride. It was brown, roasted over open coal on a spit he’d
tended for hours. The stuffing was special beyond my dreams: the
sonofabitch had used the kosher salami I’d hoarded for months for
stuffing. I thanked and praised him through clenched teeth and dug in.
It was memorable. And awful.
In-person early voting is underway in Ohio. Find your nearest polling booth here.
Hurricane Sandy slammed the East Coast last night. At least 16 people are believed to have died from the storm, and as many as 7.5 million were left without power. Areas of New York and New Jersey also faced major flooding. It took until 4:30 a.m. for Sandy to go from hurricane to tropical storm.
The Anna Louise Inn will be in court at 9 a.m. today arguing in front of the First District Court of Appeals, which could overturn a May ruling and allow the Inn to move forward with its renovation. CityBeat will have online coverage for the hearing later today.
Hamilton County’s probation department is facing sexual harassment charges. The charges are coming from a county worker who said her promotion was denied due to her actions “for opposing discrimination and encouraging others to exercise their right to be free from acts of discrimination.”
The Coalition Opposed to Additional Spending and Taxes filed a lawsuit Friday in an attempt to reverse the August reworking of the Blue Ash airport deal. For COAST, the lawsuit is mostly to stall or stop the financing for the $110 million Cincinnati streetcar.
City Council will vote next week to decide whether the city should borrow $37 million to fund development projects and a portion of the Homeless to Homes program. But Homeless to Homes is generating some concern due to its requirement to move three shelters.
Three Cincinnati charity groups are coming together to help veterans with disabling injuries. The organizations will pool available resources to hopefully find jobs for veterans.
Mitt Romney is running a new ad against President Barack Obama in Ohio that says Chrysler is moving Jeep production to China. The ad, which Chrysler says is false, warranted a snarky response from the car company: “Despite clear and accurate reporting, the take has given birth to a number of stories making readers believe that Chrysler plans to shift all Jeep production to China from North America, and therefore idle assembly lines and U.S. workforce. It is a leap that would be difficult even for professional circus acrobats.” The Obama team also responded with its own ad. It is somewhat understandable Romney would be getting a bit desperate at this point in the race. Ohio is widely considered the most important swing state, but aggregate polling has Romney down 1.9 points in the state. Romney is up 0.9 points nationally.
State Republicans are refusing to pull an ad that accuses William O’Neill, Democratic candidate for the Ohio Supreme Court, of expressing “sympathy for rapists.” This is despite the fact that Justice Robert Cupp, O’Neill’s Republican opponent, has distanced himself from the ad. At this point, even the most nonpartisan, objectives watchers have to wonder why the Republican Party can’t keep rape out of its messaging. In comments aired first on Aug. 19, U.S. Senate candidate Todd Akin of Missouri said on pregnancy after rape, “If it's a legitimate rape, the female body has ways to try to shut that whole thing down.” On Oct. 23, Richard Mourdock, the Senate candidate for Indiana, said, “I struggled with it myself for a long time, but I came to realize that life is that gift from God. And, I think, even when life begins in that horrible situation of rape, that it is something that God intended to happen.”
Ohio is getting closer to the health exchange deadline with no plan in sight. Obamacare asks states to take up health exchanges that act as competitive markets for different health insurance plans. States are allowed to either accept, let the federal government run the exchanges or take a hybrid approach. As part of the health exchanges, the federal government will also sponsor a heavily regulated nonprofit plan that sounds fairly similar to the public option liberals originally wanted in Obamacare.
Meanwhile, Ohio and other states still haven’t decided whether they will be expanding their Medicaid programs. In the past, state officials have cited costs as a big hurdle, but one study from Arkansas found Medicaid expansions actually saved money by reducing the amount of uncompensated care. Some states that expanded Medicaid also found health improvements afterward.
An inspector at the Ohio Department of Education (ODE) was caught not doing her job. The inspector was supposed to do 128 site visits for in-person safety inspections, but she apparently never showed up to some of the schools and filed fraudulent reports.
Peter Cremer North America could add 50 jobs in Cincinnati over three years in an expansion.
A San Francisco firm bought a major stake in Cincinnati Bell.
“In democracy, the role of government is to represent all of us and show us how we work together,” said Sister Simone Campbell, a Catholic nun and executive director of Catholic lobbying group NETWORK.
“So that when some politicians want to tell us that there is no role for government, that government is only there to let individuals take care of their individualistic selves, I want to say, ‘that’s not democracy. That’s not our Constitution, and that’s not our faith.'”
The “Nuns on the Bus” tour started Wednesday in Cincinnati and will travel through Dayton, Lima, Columbus, Toledo, Fremont, Cleveland, Youngstown, Akron, Athens and Marietta before ending back in Cincinnati on Oct. 15.
The trip features Catholic nuns from across Ohio who will be urging Ohio voters to examine what the Bible says about caring for the poor. Dominican Sister of Hope Monica McGloin said voters should choose the candidate who would best embody those teachings.
McGloin said the tour would not support any political party or candidate.
“We certainly don’t want to be partisan, because that’s not what we’re about,” she said. “The fact is, neither candidate is talking about the poor.”
While the bus tour kickoff was nonpartisan – speakers avoided mentioning either candidate by name – a number of attendees had their jackets or cars adorned with buttons or bumper stickers supporting president Barack Obama.
McGloin said she had a list of things she’d like to see from the next president: access to health care for all Americans, more jobs, a focus on education and programs that help people meet their basic needs, like housing.
This isn’t the first bus tour for Campbell, who planned on heading to work in Washington, D.C. after the first Cincinnati stop. She organized the original nine-state “Nuns on the Bus” tour over the summer. The earlier tour was in protest over the budget proposed by Republican vice presidential candidate Paul Ryan, himself a Catholic. Ryan’s budget would gut many social programs relied on by the poor.
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.
The Conservation Board staff reviewed the standards required for conditional use and the Anna Louise Inn’s application, concluding that the facility should be allowed to operate as a “special assistance shelter.”
The Board is expected to rule on the permit Aug. 27 after receiving the recommendation and hearing testimony from the Inn’s administrators and supporters. Representatives from Western & Southern Financial Group, which sued the Anna Louise Inn over zoning violations in 2011, will also have an opportunity to testify.
CityBeat last week reported the details of Western & Southern’s failure to purchase the Anna Louise Inn when it had the chance and the company’s subsequent attempts to force the Inn out of the neighborhood (“Surrounded by Skyscrapers", issue of Aug. 15).
Tim Burke, lawyer for the Anna Louise Inn, is pleased with the staff’s determination that the renovation met all qualifications for conditional use.
“I was certainly optimistic that we would get a positive recommendation,” Burke says. “This is obviously an extremely positive recommendation and we agree with it.”
The staff recommendation states that the Anna Louise Inn “creates, maintains and enhances areas for residential developments that complement and support the downtown core” and that “no evidence has been presented of any negative public health, safety, welfare or property injury due to the current use.” It also notes that “the Anna Louise Inn is a point of reference from which all other new and renovated buildings must be designed in order to be compatible with the district.”
The Anna Louise Inn only applied for the conditional use permit because Judge Norbert Nadel ruled in Western & Southern’s favor on May 4, determining that the Inn is a “special assistance shelter” rather than “transitional housing,” which froze $12.6 million in city- and state-distributed loans for the Inn’s planned renovation. The Anna Louise Inn appealed that decision but also applied for the conditional use permit from the Conservation Board under the judge’s definition, because special assistance shelters qualify for conditional use permits under the city’s zoning code.
Francis Barrett, lawyer for Western & Southern, appears to have taken exception to the Anna Louise Inn’s application. He sent a letter to the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision.”
Barrett didn't return a message left by CityBeat with the receptionist at his law firm after a Western & Southern media relations representative directed CityBeat to contact him there. Francis Barrett is the brother of Western & Southern CEO John F. Barrett.
UPDATE: Francis Barrett returned CityBeat’s call after this story was published. His comments are at the end.
Burke doesn’t know what Barrett meant by suggesting that the proposed uses in the Anna Louise Inn’s application for conditional use don’t follow Nadel’s May 4 ruling.
“We’re doing what they argued in court,” Burke says. “Judge Nadel’s decision doesn’t ever exactly say ‘you’re a special assistance shelter.’ It certainly refers to the Off the Streets program that way and it certainly refers to (the Anna Louise Inn) as a single unified use. It says ‘go back to the appropriate administrators and seek conditional use approval.’ That’s what we’re doing.”
Stephen MacConnell, president and CEO of Cincinnati Union Bethel, which owns the Anna Louise Inn, says the hearing will involve testimony from himself and Mary Carol Melton, CUB executive vice president, along with supporters of the Anna Louise Inn.
“We’ll bring a few witnesses just to basically lay out the situation,” MacConnell says. “The board will already have the staff recommendation, so the witnesses that we’ll bring will briefly testify about how we meet the required standards.”
Western & Southern will have a chance to appeal if the Historic Conservation Board grants the conditional use permit. Burke expects that to happen.
“What I’m pissed about is Western & Southern, they don’t give a damn,” Burke says. “We can do exactly what Judge Nadel told us to do and get it approved as a conditional use. They will appeal it to the zoning board of appeals. We can win it there and they will appeal it and get it back in front of Judge Nadel and then I don’t know what will happen.”
The hearing is scheduled to take place at 3 p.m. Monday, Aug. 27 at Centennial Plaza Two, 805 Central Ave., Seventh Floor.
UPDATE 5:36 P.M.: Regarding the letter Francis Barrett sent the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision,” Barrett said Friday evening: “I just felt that the description in the submission was different from the description in the decision. I would say it was just not complete.”
When asked for specifics, Barrett said: “I’d have to get the decision out and look at it carefully. I don’t have it in front of me I just thought in general.”
Barrett said Western & Southern will give a presentation to the Historic Conservation Board on Monday but declined to elaborate because it wasn’t finalized.
When asked if Western & Southern will appeal a ruling in favor of the Anna Louise Inn, Barrett said: “It all depends what the decision states.”