Policy Matters Ohio is now pushing an earned income tax credit (EITC) that would benefit the state’s poor and middle class, including more than 822,000 working families. The plan could be a progressive replacement for Republican Gov. John Kasich’s proposed tax plan, which some reports claim disproportionately benefits the wealthy.
The EITC is a tax credit targeted at working people who have low to moderate income, particularly those with children. It is currently used by the federal government, 24 states and Washington, D.C.
The report from Policy Matters, a left-leaning policy research group, found a 10-percent EITC would cost about $184 million per year, producing an estimated $224 million in economic benefits, and a 20-percent EITC would cost about $367 million per year, producing an estimated $446 million in economic benefits.
If state legislators set aside Gov. John Kasich’s tax proposals, the state would be left with about $280.4 million in general revenue available for fiscal year 2014 and about $690.2 million available in fiscal year 2015, according to an analysis of Kasich’s budget bluebook. That would be more than enough money in fiscal year 2014 to pay for a 10-percent EITC, and even a 20-percent EITC would only eat up about half of available funds in fiscal year 2015.
Using a model from the nonpartisan Institute for Tax and Economic Policy, the Policy Matters report found a state EITC would benefit Ohioans making less than $51,000 per year. Under a 10-percent credit, qualifying families making less than $18,000 would get $190 on average, qualifying families making between $18,000 and $33,000 would get $323 on average and qualifying families making between $33,000 and $51,000 would get $149 on average, according to the report.
Under a 20-percent credit, benefits would be bumped up to $381 on average for qualifying families making less than $18,000 per year, $646 on average for qualifying families making between $18,000 and $33,000 and $298 for qualifying families making between $33,000 and $51,000, according to the report.
These benefits would then be spent in a way that helps families, local communities and small businesses, according to the Policy Matters report: “Families that claim the EITC use the refunds to pay for basic needs like housing, food, transportation and child care. These purchases stimulate local economies. A number of studies focusing on the economic impacts of the EITC find that small businesses and other taxes benefit from a cash infusion into the local economy.”
The report claims a state EITC would also result in a fairer tax system that better helps the state’s low- and middle-income earners, stronger incentives to work and better social and economic results for EITC recipients.
The Policy Matters report touts the federal EITC, which was created by former President Gerald Ford in 1975 and has been expanded by every presidential administration since, to support adopting a similar policy in the state: “The federal Earned Income Tax Credit does more than any other program to keep working families out of poverty. … (It) is lauded for its direct impact in keeping families with children above the poverty line, making work pay, and sending federal dollars to local communities.”
Anyone making $50,270 a year or less qualifies for the federal EITC. The tax credit is built so it particularly benefits families with children, and it “encourages families making at or near minimum wage to work more hours since the credit has a longer, more gradual phase-out range compared to other programs,” according to the Policy Matters report.
The report says the federal EITC has already benefited more than 950,000 Ohio families with an average refund of $2,238.
In previous analyses, Policy Matters found Kasich’s tax proposals disproportionately benefit the wealthy and actually raise taxes on the state’s poor and middle class (“Smoke and Mirrors,” issue of Feb. 20). But Kasich says his tax plan will cut taxes for “job creators,” particularly the state’s small businesses.
The governor’s tax proposals are facing bipartisan resistance, and the Republican-controlled Ohio House is currently considering setting the proposals aside while the rest of the budget is worked out, according to Gongwer.
In a press conference on March 14, local officials around the state, including Councilman P.G. Sittenfeld, suggested dropping income tax cuts and instead using the revenue to restore local government funding cuts, which have totaled $1.4 billion since Kasich took office.
Ohio House Republicans released their own budget proposal yesterday that does away with many of Gov. John Kasich’s proposed policies. The budget gets rid of the Medicaid expansion, the oil and gas severance tax and the sales tax expansion. It also reduces the state income tax cut to 7 percent, down from 20 percent in Kasich’s plan. The amount of schools getting no increased funding under a new school funding formula decreased from 368 in Kasich’s plan to 175 in the House plan, addressing issues that selective wealthy schools were benefiting too much from Kasich’s proposed school funding formula. CityBeat covered Kasich’s budget proposal in detail here.
NARAL Pro-Choice Ohio is criticizing the Ohio House’s proposed budget for defunding Planned Parenthood and redirecting federal funds to anti-abortion crisis pregnancy centers (CPCs). A study from NARAL Pro-Choice Ohio, which is highly supportive of abortion rights, found 47 percent of CPCs gave inaccurate medical information regarding a link between mental health problems and abortion, and 38 percent provided false information about the connection between breast cancer, infertility and abortion, among other findings.
The city of Cincinnati is asking Judge Robert Winkler to stay his previous ruling so the city can use emergency clauses to expedite legislation. City Solicitor John Curp says the city needs emergency clause powers in case of natural disasters and to advance economic development deals that need to be implemented before 30 days. The city previously used emergency clauses to avoid a 30-day waiting period for implementing laws, but Winkler ruled the clauses do not nullify the right to referendum, effectively eliminating the use of emergency clauses because the city now always has to wait 30 days in case of a referendum effort. The ruling was given after City Council used an emergency clause to expedite the lease of the city’s parking assets to the Port Authority to help balance deficits and fund economic development.
With the support of Councilwoman Yvette Simpson, City Council is looking to study youth poverty, homelessness and other issues to better prioritize city policy. The $175,000 study, which will be mostly privately funded, will look at multiple factors affecting the city’s youth, including crime, poverty, homelessness and educational opportunities. Simpson says the study will be the first comprehensive look at the city’s youth.
Democratic Ohio Sen. Sherrod Brown’s bill to end Too Big to Fail was leaked to the press Friday, and The Washington Post has an analysis on what it does here. While the bill doesn’t explicitly break up big banks, it does severely limit big banks in a way that may encourage them to downsize. Brown will co-sponsor the bill with Republican La. Sen. David Vitter, making it a bipartisan compromise. CityBeat covered Brown’s efforts in further detail here.
Ky. Sen. Mitch McConnell’s re-election campaign is complaining someone bugged a meeting to listen in on staff’s plans for the 2014 election. Jesse Benton, campaign manager for McConnell, said in a statement, “Today’s developments ... go far beyond anything I’ve seen in American politics and are comparable only to Richard Nixon’s efforts to bug Democratic Party Headquarters at the Watergate 40 years ago.” During the meeting, McConnell’s staff alluded to labeling potential opponent Ashley Judd as “unbalanced” by bringing up past mental health problems. Meanwhile, recent polling found McConnell is no lock for re-election.
Scientists discovered evidence of “dark lightning,” which may emanate from thunderstorms alongside visible lightning.
The city of Cincinnati and its largest city employees union have reached a deal regarding the privatization of the city’s parking assets. Under the deal’s terms, the city will give raises and not lay off anyone for three years, but only if the city’s parking assets are privatized. However, the head of a Clifton community group is still not happy with the privatization plan. He says the plan is bad for business because it limits the amount of affordable parking in the area. But would laying off 344 city employees be better for business?
The identity of the Miami University student who put up
the infamous “Top Ten Ways to Get Away with Rape” flier may soon be revealed. The Ohio Supreme Court
will decide by Dec. 14 whether the case should be unsealed and open to public view. Robert Lyons, the Butler County part-time judge who sealed the case, has faced scrutiny in the past few months for conflicts of interest regarding drinking-and-driving cases.
Revenue from casinos in Toledo and Cleveland is dropping. The numbers paint a bad picture for Cincinnati and Hamilton County officials expecting budget problems to be solved by casino revenue.
A proposal mandating drug testing for welfare recipients in Ohio resurfaced last week. Republican legislators claim the requirement will save the state money, but a similar proposal in Florida added to budget woes as the state was forced to pay for drug tests.
Ohio’s ultra-wealthy population is growing. About 1,330 Ohioans are worth $30 million or more, an increase of 2 percent since 2011, according to a report from Wealth-X. The news could shape Gov. John Kasich’s plan to cut the income tax using revenue from a higher oil-and-gas severance tax, perhaps encouraging state officials to make the cut more progressive.
Gov. Kasich is ending the practice of giving so many tax credits to keep businesses in Ohio. The move could potentially cost the state jobs as businesses move to other areas with bigger, better incentives, but state officials and the business community don’t seem too worried for now.
If the Ohio government agencies were forced to cut their budgets by 10 percent, the results would not be pretty. The Ohio Department of Rehabilitation and Correction would have to close prisons, and the Ohio Department of Natural Resources would have a tougher time enforcing new regulations on fracking.
Ohio’s exotic animal law is facing a challenge in federal court today. Exotic animal owners claim the law violates their First Amendment and property rights by forcing them to join private associations and give up their animals without compensation. They also do not like the provision that requires microchips be implanted into the animals. The Humane Society of the United States is defending the law, which was passed after a man released 56 exotic animals and killed himself in 2011.
An Ohio court said a business tax on fuel sales must be used on road projects.
Ohio gas prices are still dropping.
The cure for leukemia could be a modified version of the AIDS virus.
It’s official: Cincinnati’s budget proposal will arrive Nov. 26. The budget will seek to close a deficit estimated to be between $34 million and $40 million. Part of the budget plan was revealed when the city manager’s office suggested privatizing parking.
Despite the deficit the city is facing, City Council pushed forward a $21,000 raise and a one-time $35,000 bonus for City Manager Milton Dohoney in a 6-3 vote. It’s the first raise Dohoney is getting since 2007, but some are unhappy with the decision in light of the deficit, which could lead to job cuts. “The city manager is a good man, he is a hard worker, but to me this just feels out of touch with the economic reality that we are in right now,” Councilman P.G. Sittenfeld told Fox 19. “You don't give the highest paid employee in the city a raise, a significant raise, when you're facing a potentially huge budget deficit. Plus, you know, there's a very real possibility of layoffs.”
Ohio Republicans are pushing forward with HB 298, a bill that cuts funds to Planned Parenthood. The organization has become a popular target for Republicans because it provides abortions, but abortion services only make up 3 percent of what Planned Parenthood offers. The move is just one of many recent moves in the Republican agenda against abortion rights. They recently advocated renewing the heartbeat bill, and Gov. John Kasich recently appointed two anti-abortion advocates to government positions.
The Ohio House overwhelmingly approved a bill that will put large-scale puppy mills under more scrutiny with new state standards and yearly inspections. Animal rights activists have argued Ohio has become a haven for bad breeding practices due to lax laws and regulations. CityBeat previously covered the puppy mills issue and how it enables Ohio’s dog auctions.
But that’s not all the Ohio legislature got done. The Ohio House passed a bill that further regulates “pill mills” — doctors, pharmacies or clinics that distribute narcotics inappropriately or for non-medical reasons — and a bill that cracks down on “cyber stalking.” The Ohio Senate passed a bill that essentially lowers taxes for companies that increase payroll by 10 percent.
A new study highlighted the success of some Ohio schools, including Robert A. Taft Information Technology High School in Cincinnati. The research found the schools succeeded despite high poverty and tight budgets. The study indicated some key attributes of success: principals play pivotal roles, teachers and administrators are obviously engaged and invested, school leaders provide major incentives to teachers, data is used to measure progress and teachers and administrators do not see a lack of parent or community engagement as an insurmountable barrier to success. The report also made some recommendations: establish clear transitional protocols in case a principal leaves, engage teachers, hire teachers that are on-board with the school’s goals, leverage great reputations and celebrate success.
Hamilton County could issue securities to raise revenue. County commissioners are currently working on ways to close a $20 million deficit. The securities idea comes from Todd Portune, the lone Democrat on the Board of Commissioners.
The investigation into U Square worker payments is ongoing. A City Council committee wants to see if the workers are being paid what they are supposed to be paid. Under Ohio law, workers on city-funded projects must get a prevailing wage, which is equivalent to the wage earned by a union worker on a similar project. But City Solicitor John Curp argues developers do not have to pay prevailing wages for parts of the project that aren’t getting public funding. City Manager Dohoney also argued that overzealous requirements could drive businesses out of Cincinnati.
Despite the pleas of more than 500,000, it does not look like Cincinnati-based Macy’s will dump Donald Trump. The billionaire has gained recognition as a big-name Republican and “birther” — someone who ignores all facts to call into question President Barack Obama’s country of origin. Brian Williams, news anchor at NBC News, described Trump aptly during election night: “Donald Trump, who has driven well past the last exit to relevance and peered into something closer to irresponsible here, is tweeting tonight.”
Ohio Attorney General Mike DeWine is leading a new efforts to stop the use of synthetic drugs, including bath salts.
To fill a vacancy, a new interim chair has been named at the Ohio Board of Regents: Regent Vinny Gupta. He will be replacing James Tuschman, who successfully pushed a ban on smoking in Ohio’s college campuses. Gupta’s term will run through March 2013.
Meet the loneliest planet of them all. It’s an orphan that drifted away from its parent star.
The Republican head of Hamilton County’s governing board outlined his own alternative for a 2013 budget on Monday, proposing an austere path forward after rejecting other budgets that would raise some taxes.
Board of County Commissioners President Greg Hartmann said his proposed budget would reduce the size of county government by 30 percent, compared to five years ago. He said he wants the board to approve a budget before the Thanksgiving holiday.
“It is a budget of austerity and investment in growth,” Hartmann said.
He added, “It is a structurally-balanced budget,” that doesn’t use one-time sources of cash to make up for shortfalls.
Hartmann’s proposed budget would cut the Sheriff’s Department by about $57,000 or 0.01 percent from 2012 levels; reduce the coroner’s appropriation by 3 percent or $99,000; cut economic development by 5 percent; cut 5 percent from adult criminal courts; and reduce subsidies to the Communications Center and Sheriff’s Department.
Hartmann stressed that it is important to fund public safety as fully as allowable in these tough economic times, as economic development is not possible without it.
Hartmann’s budget comes after commissioners rejected three proposals from County Administrator Christian Sigman.
Sigman proposed $18.7 million in cuts, which Hartmann’s budget maintained in addition to his own reductions.
Two of Sigman’s proposals involved increasing the sales tax to balance the budget.
Fellow Republican Commissioner Chris Monzel said he supports Hartmann’s efforts at austerity, but is working on his own budget proposal as well.
“An austerity budget is the way we’re going to go, and it’s going to be hard,” he said.
The board’s sole Democrat, Todd Portune, said he too is working on his own proposal that he had hoped to have prepared for the Nov. 5 meeting, but was still making tweaks and hoped to present it by the following week.
He hinted that the results of Election Day might impact how he crafts his budget proposal.
“Tomorrow’s results may have an impact as well on the budget that I present as it relates as well to those who are running for county seats,” Portune said. “We have in some cases two very different visions in terms of solutions.”
Both he and Hartmann are up for re-election. Portune is running against Libertarian Bob Frey. Neither candidate has a major party challenger.
Hartmann, who has actively campaigned for Republican presidential candidate Mitt Romney, had a joke in response to Portune’s waiting for the election results.
“I thought you were predicting Romney’s win would make the economy go on the right track,” Hartmann cracked. “I was thinking that’s what you were going to go with.”
Portune also gave ideas for possible adjustments to his sales tax proposal. He said commissioners could “sunset” the sales tax hike, essentially putting an expiration date on the tax increase. He also would like to see the sales tax hike reviewed on a regular basis to ensure taxpayers aren't being burdened longer than necessary. The idea behind possible time limits for both proposals is new revenues, perhaps from an improving economy or Cincinnati's new casino, could make changes unnecessary in the long term.
If anything came from the meeting, it’s that none of the commissioners like the position they’re in. Commissioner Chris Monzel, a Republican, said he had been placed “between a rock and a hard place.” Hartmann echoed Monzel, saying it was an “unenviable position.” Despite being the one to propose the hike, Portune said, “We’re left with two options that none of us like at all.”
Commissioners mostly repeated previous arguments during most of the meeting. Hartmann continued saying he was unsure how he would vote, but he said the two options presented are the only options left. He called Portune's plan “bold.”
Portune claimed the sales tax hike was more equitable because it spreads out the tax burden to anyone who spends money in Hamilton County, including visitors from around the Tristate area. In contrast, eliminating or reducing the property tax rollback would place the burden of the stadium fund exclusively on residential property owners in Hamilton County.
The property tax rebate and sales taxes are both regressive, meaning they favor the wealthy more than the poor. In simple terms, as income goes down, spending on goods and services take bigger bites out of a person’s income. A sales tax makes that disproportionate burden even larger.
One analysis from The Cincinnati Enquirer found
the wealthy made more money from the property tax rebate than
they were taxed by the half-cent sales tax raise that was originally
meant to support the stadium fund. For a previous story covering the stadium fund, Neil DeMause, a journalist who
chronicled his 15-year investigation of stadium deals in his book Field of Schemes, told CityBeat
the stadium fund’s problems stem from the county government making a
“terrible deal” with the Reds and Bengals.
Monzel said he will continue to try to find alternatives to raising taxes. On Nov. 28, Monzel told CityBeat he would rather keep the stadium fund balanced for one year with short-term cuts, including a cut on further investments in The Banks development, before raising taxes. In the long term, Monzel says commissioners could see if revenue from the new Horseshoe Casino and a possible deal involving the University of Cincinnati using Paul Brown Stadium would be enough to sustain the stadium fund.
The commissioners will vote on the proposals on Dec. 5.
A vote on the 2013 Hamilton County budget is being delayed a week at the request of the sole Democrat on the Board of County Commissioners.
Commissioner Todd Portune asked Board President Greg Hartmann at a Monday staff meeting to push back the vote a week to address funding to juvenile courts and the county’s plan for future financial stability.
Hartmann, who earlier denied Portune’s request to issue securities to raise millions to balance the budget, agreed. He said it was important that all three commissioners agree on the budget.
Portune told reporters he wanted to see more funding for juvenile courts. The proposed budget would cut about $3 million from the juvenile court’s 2012 appropriation.
He said he also wants to see specific plans on how and where the county will invest in economic development. He and Hartmann disagree about whether that kind of planning belongs in a budget.
Hartmann had the proposal developed after commissioners rejected three plans from County Administrator Christian Sigman, two of which would have raised taxes. The $192 million budget under consideration cuts about $14 million from the 2012 appropriation levels without raising taxes.
The proposed budget makes a number of what Hartman calls “modest cuts” in almost every county department.
All three commissioners have stated that public safety funding is a priority. The Sheriff’s Department would see a small reduction of $27,033, bringing its budget to almost $57.5 million.
However, the department would also face an additional $4.3 million in expenses next year, giving incoming Sheriff Jim Neil an effectively reduced budget.
The Emergency Management Agency would get a nearly 40 percent increase in the proposed budget, up to $400,000.
The Board of Elections would see its budget slashed 36.2 percent to $6.9 million. However, its expenses would also be lower in 2013 because there is no presidential election as there was in 2012.
The proposed budget would bring the Department of Job and Family Services’ appropriation to $832,900 — a reduction of $10,360. However, that funding level is dictated by the State of Ohio and not the county.
The Hamilton County Prosecutor would also see a small increase of $37,597 intended to hold level its funding from 2012, as the department went over-budget. The prosecutor has the ability to sue the county over its budget appropriation, so the department typically maintains level funding.
Cincinnati may have a deficit estimated to be between $34 million and $40 million, but that didn't stop City Council from voting 6-2 Thursday to approve a $23,000 raise and one-time $35,000 bonus for City Manager Milton Dohoney, the highest-paid city employee. The raise brings his salary up from $232,000 to $255,000. Council members Chris Seelbach and Chris Smitherman voted against the raise. P.G. Sittenfeld also opposed the raise and bonus, but he missed the vote because he was out of town for personal reasons. If City Council balances the budget for the next year and fires someone making $58,000 or less to help do so, the raise and one-time bonus could have meant one person’s job.
City Council also voted 8-0 to encourage the U.S. Department of Agriculture to enforce mandatory labeling of all genetically engineered (GE) food. Alison Auciello, Ohio-based organizer for Food & Water Watch, praised the move in a statement: “Genetically engineered foods are potentially unsafe, and consumers should have the right to decide for themselves if they want to eat GE foods. It took regulation to get food processors to label ingredients and nutrition facts on labels, and now we’re calling for federal lawmakers to require the labeling of GE food.”
Ohio’s unemployment rate was 6.9 percent in October, down from 7.1 percent in September, according to the Ohio Department of Jobs and Family Services. The numbers were mostly positive with the amount of unemployed dropping by 10,000 and the amount of employed rising by 13,900. The civilian labor force also grew, although it was still below Oct. 2011 levels. Most gains were seen in service-providing industries, professional and business services and government. In comparison, the federal unemployment rate ticked up to 7.9 percent in October, up from 7.8 percent in September.
The Anna Louise Inn won another zoning appeal yesterday. The victory upheld a conditional use permit for the Inn, which will allow Cincinnati Union Bethel, which owns the Inn, to carry on with $13 million renovations. Western & Southern has vowed to appeal the ruling.
Income inequality in Ohio is wide and growing. A new study found the gap between the rich and poor is widening, with the lower and middle classes actually losing real income since the 1990s.
After Thanksgiving, the Cincinnati Zoo team will be studying penguins off the coast of Chile.
Cincinnati-based Procter & Gamble is having no part in the good unemployment news. The company announced another round of job cuts as part of a large restructuring program. It’s unclear how the cuts will impact Cincinnati.
Hostess, maker of Twinkies, is going out of business. The company blamed a workers’ strike for the move, but Hostess has been having problems for a long time. The company has already filed for bankruptcy twice this decade.
The Ohio Board of Regents launched OhioMeansSuccess.org, a website meant to place students on a path to college and a successful career.
Russia can get pretty hardcore. While herding sheep, one grandmother fended off and killed a wolf with an axe.
The U.S. Navy is retiring its mine-sweeping dolphins and replacing them with robots.
A motion proposed by a majority of City Council today would use leftover
revenue from the previous budget year to undo cuts to various programs,
including human services, parks and the Health Department.
The restorations mean no city workers will be laid off as a result of the operating budget passed in May. Previously, 60 positions had been cut, but many employees remained in different offices while the budget situation was worked out.
The cuts were previously approved with the 2014 budget before council members knew final revenue numbers for fiscal year 2013, which ended June 30. Council had to pass the budget 30 days early because the city’s use of emergency clauses, which eliminate a waiting period on passed laws, was being held up in court.
The city ended up with roughly $10 million more revenue than projected in the past budget year. The Council motion uses nearly $4 million to undo some of the $20 million in cuts carried out in the latest budget. The rest of the extra revenue will be held until the city manager makes further suggestions, but some of that money will likely be saved for next year’s budget gap, Vice Mayor Roxanne Qualls said at a press conference.
Human services funding is getting more than $510,000 restored, putting the program at 0.4 percent of the operating budget. Cincinnati has historically set a goal of directing 1.5 percent of the operating budget to human services, which flows through various agencies that aid low-income and homeless Cincinnatians.
The Health Department is getting the largest restoration at $900,000, allowing the city to bring back positions affecting junked vehicles, rodent control, litter and weed response, infant mortality and more.
Parks will also get back $400,000 out of $1 million that was cut in the previous budget. Another $312,000 is being used to restore recreation funding, particularly to keep the Busch Center open.
Other programs getting money back: the Center for Closing the Health Gap, Cincinnati USA Regional Chamber, Film Commission, African American Chamber of Commerce, Urban Agriculture Program, Office of Environmental Quality, Neighborhood Support Fund, Neighborhood Business District Support Fund, Law Department and funding to 3CDC for Fountain Square maintenance.
Qualls claimed the higher-than-projected revenues are evidence the city’s economic strategy is so far successful.
“Cincinnati’s strategy of investing in jobs, neighborhoods, people is working,” she said. “We are seeing an increase in revenue as a result of investments we are making.”
Qualls also acknowledged that the budget debate has felt like a “roller coaster” for many citizens. Originally, Mayor Mark Mallory’s administration claimed it would have to lay off police and firefighters if the city didn’t lease its parking meters, lots and garages to the Greater Cincinnati Port Authority. But when the parking lease was held up in a court challenge, Council managed to pass a budget without the public safety layoffs. Now, Council is undoing further cuts and moving forward with the parking lease.
After the press conference, Qualls told CityBeat that some of the unused revenue may also be used to finance a disparity study that would gauge whether the city should change its contracting policies to favorably target minority- and women-owned businesses.
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.