The good news first: Most of HB 194 is being repealed. It’s good to see Republicans follow the advice of Ohio Secretary of State Jon Husted, a moderate Republican who called or the repeal of HB 194 earlier this year.The bad news: Some new limits on voting rights are going to remain in place, and the entire repeal process, which involves the passing of SB 295, might be unconstitutional.
While it’s good to see HB 194 repealed, it’s not the only voting law Republicans enacted last year. The Ohio legislature also passed HB 224, which prohibited voting the Saturday, Sunday and Monday before election day.For Democrats, this poses a bit of a problem. Democrats are happy to see most of the restrictions on voting repealed, but they want to see all of the restrictions repealed. If SB 295 passes, Democrats worry that the rest of the restrictions won’t be repealed because Republicans will think they have done enough.
Even the Obama team spoke on this issue. In an email to Obama supporters Tuesday, Greg Schultz, the Ohio State Director on the Obama team, urged voters to speak up: “This bill could mean an end to our last three days of early voting this November — and would change the rules, right in the middle of an election year. It's an unambiguous attack on our voting rights.”The other problem is the repeal could be unconstitutional. After HB 194 passed, voters were quick to speak out against the new law and put it up for referendum in the November 2012 ballot. So Republicans are repealing a law that is already up for referendum. This is the first time that’s happened in the Ohio legislature, and Democrats claim it might be unconstitutional.
As part of CityBeat's continuing election coverage, we’ve once again sent a questionnaire to the non-incumbent Cincinnati City Council candidates to get their reactions on a broad range of issues.
Nine of the 14 non-incumbents chose to answer our questions. Others either didn’t respond or couldn’t meet the deadline.
During the next few weeks, we will print the responses from the non-incumbents to a different topic each time.
Today’s question is, “What is your stance on the property tax rollback? Do you believe the city's property tax rate should be increased to the maximum 6.1 mills allowed under the charter, or remain at a rate to generate $28.9 million each year, or be decreased? Please explain your answer.”
Financial giant and Lytle Park bully Western & Southern has accused city officials and other Anna Louise Inn advocates of repeatedly deceiving the Department of Housing and Urban Development in order to obtain federal funds for the long-awaited, $13 million renovations to the Inn.
Those renovations are the same ones that have been blocked over and over by a series of legal entanglements initiated by Western & Southern, which tried to purchase the Inn back in 2009 for $1.8 million, refusing to buffer the Inn's $3 million price tag. In 2011, the Hamilton County Auditor valued the plot at $4 million.
Now, the corporate giant, which owns a number of other plots of land in Lytle Park, wants to buy the Inn and convert it into an upscale hotel.
Western & Southern’s lawyer, Glenn Whitaker, sent a letter obtained by CityBeat dated March 19 to City Solicitor John Curp accusing city officials of knowingly violating the federal Fair Housing Act by allowing the owner of the Inn, Cincinnati Union Bethel (CUB), to pursue federal funding for renovations while providing services to exclusively women in need, which the letter alleges would “discriminate on the basis of gender” and “expose the City to liability under both the federal False Claims Act and the FHA.”
“We share this with you because — no matter where one stands on whether ALI’s renovations comply with Cincinnati Zoning Code — it is in the public interest for the City to avoid a lawsuit that could lead to a significant payout in today’s budget environment,” reads the letter.
Of course, that lawsuit is one that would be entirely fabricated and launched by Western & Southern, on top of years worth of zoning violation allegations that, so far, have failed to gather much merit.
Some women-only shelters are deemed permissible due to safety issues, but in the letter, Whitaker alleges that the renovation plans expose ALI to discrimination liability by, in theory, making the safety issue moot by providing clear, separated spaces for men and women. The renovation plans include converting what are now dormitory-style units with shared bathrooms into private residences with private bathrooms and kitchens, according to the letter.
Curp, who received the letter, says the city’s relationship with HUD is one that hinges on constant communication, and though Western & Southern's allegations were unexpected, they'll be taken seriously.
“We work with them closely, we have a great relationship with HUD. They were the first organization we contacted when we got this letter, ... so they understood the nature of the allegations and because they’re one of our development partners. We have lots of development partners in the city, frankly, including Western & Southern. ... We're disappointed that the city has been pulled into what is otherwise a third-party dispute."
The letter also accuses a number of community members, including 3CDC, Vice Mayor Roxanne Qualls, the Model Group, the Greater Cincinnati Homeless Coalition and the YMCA of conspiring to move low-income residents from the Metropole to the Anna Louise Inn in order to ease litigation with the Homeless Coalition and make way for the new, upscale 21c Museum Hotel.
John Barrett, Western & Southern’s CEO, is also on the board of 3CDC, which adds an extra element of mystery to the lodged accusations; at best, it seems extreme they'd be willing to accuse ally 3CDC of wrongdoing or conspiracy for the sake of a discrimination lawsuit against a nonprofit social services agency whose stated goal for more than 100 years has been to provide a haven for women in need.
Ideally, explains Curp, HUD will respond equipped with some sort of past precedent that would absolve the city and the Inn of alleged discrimination and make the lawsuit irrelevant.
"I think a lawsuit would be very much premature. ... Like I said, our first step is to talk to HUD and to make sure that between the both of us, we don’t see any discrimination or compliance issues. If there’s any chance of that ... after our review and a review by HUD, we will fix it to bring it into compliance," he says.
"As I sit here today, I can't imagine this situation hasn't been dealt with in the past. I'd be shocked if HUD hasn't dealt with this in another community and come up with a set of guidelines for us to follow."
I was researching details on the tax levies on Tuesday's ballot and grabbed the millage and property tax costs from the Hamilton County Auditor's web site when I saw this wisdom from Auditor Dusty Rhodes. It's right at the top of his home page next to his photo:
"It has become a fairly common practice on the part of those seeking to pass tax levies to make a point of saying that passage of the levy in question 'will not raise your taxes.' It may indeed be true that the amount of tax you would pay in future years would be no more than in prior years. However, it is also very true that if the levy were to fail, you would be paying less in those same future years than you had previously.
Republican Rep. John Becker is pretty upset that a
terminally ill gay man has earned the right to die in peace, and now
it’s become a very real possibility that other gay Ohioans might also
get to die (and live) in peace. And, just like my brother, he’s kind of trying to
ruin the game for everyone just because he’s losing.
In July, Judge Timothy Black heard the case of Jim Obergefell and John Arthur, a long-term gay couple who flew to Maryland to marry at the beginning of the month because Arthur is terminally ill, in hospice care, and not expected to live much longer.
Obergefell and Arthur sued the state of Ohio for
discrimination in not recognizing their out-of-state gay marriage, legal
and recognized in Maryland, when other gay couples residing in states
recognizing same-sex marriages and subsequently moved to Ohio would have
their marriages treated as valid. And because Arthur is terminally ill, it's just as much for the emotional connection as it is for any kind of economic benefit.
Here's what Obergefell wrote in his original complaint (grab a tissue):
“Our legacy as a married couple is very important to John and me… in two or more generations our descendants will not know who we are. Married couples, often through research based on death records, have recognition for their special status forever. I want my descendants generations from now who research their history to learn that I loved and married John and that he loved and married me. They will know that they had gay ancestor who was proud and strong and in love.”
In his ruling, Black called the case “not complicated,” explaining that he’d allow the marriage to be legalized on Arthur’s death certificate because it was likely a constitutional violation that the state of Ohio treated lawful out-of-state same-sex marriages differently than lawful out-of-state same-sex marriages.
In September, he ruled to allow the marriage of another gay
couple — David Michener and William Herbert Ives — after Ives
unexpectedly passed away in late August. Although these aren't (yet) blanket rulings, they're being interpreted as monumental victories for supporters of marriage equality.
Becker, then, decided to do the political equivalent of my brother running to my mom and accusing me of cheating; he wrote U.S. Rep. Brad Wenstrup and called for Black to be impeached for “malfeasance and abuse of power,” which apparently made him really concerned about the “federal government’s ever growing propensity to violate state sovereignty.”
Unfortunately, though, U.S. District Court judges are
appointed for life, so since Becker’s claims against Judge Black are
totally unfounded, Black is free to continue to anger Becker and other people who don't approve of equality for gay couples.
Alphonse Gerhardstein, the attorney for both couples, calls Becker's response to the rulings "bullying."
"Federal judges are granted tenure for life for a reason. It's their job to enforce core principles even when the majority disagrees," he says. "Look at the Dred Scott case. I think most people would agree that's the worst case decision ever made by a judge, and even he didn't get impeached." (In case you forget, he's talking about Dred Scott v. Sandford, the landmark 1857 U.S. Supreme Court ruling that ruled black people weren't citizens.)
Things that actually can get a judge impeached, says Gerhardstein, are offenses like having sex with a criminal defendant or taking bribes.
On Wednesday, Sept. 25, the court added licensed funeral director Robert Grunn, who is responsible for registering deaths and providing personal information to the state on what should go on a death certificate, to the list of plaintiffs. Grunn currently serves same-sex couples when he signs death certificates, says the lawsuit, including those with marriages recognized outside the state of Ohio. The lawsuit, if successful, could require all funeral directors to recognize gay clients as married on death certificates if they were legally married in a different state.
Gerhardstein also says since accepting Arthur and Obergefell's case, he and his colleagues have received inquiries from between 30 to 50 other gay couples seeking legal recognitions of their out-of-state marriages. For now, he says, he and his firm are concentrating on cases specifically involving recognizing same-sex marriages on death certificates, although this litigation could (and probably will) lead to other blanket rulings on how same-sex marriages are recognized in Ohio.
Another hearing with Judge Black is scheduled for Dec. 18.
Today is the deadline to register to vote in this year's elections on Nov. 3. Find details on the Hamilton County Board of Elections web site.
Here are voter registration contacts for other local counties:
Ohio’s Bureau of Motor Vehicles (BMV) is granting driver’s licenses to some of the children of illegal immigrants, but what qualifies a few and disqualifies others is so far unknown.
When CityBeat last covered the BMV policy (“Not Legal Enough,” issue of Feb. 6), Ever Portillo, a 22-year-old from El Salvador, was unable to get his license even when he was accompanied by his attorney at the West Broad Street BMV office in Columbus. Since then, Portillo returned to the same BMV office with his attorney, a community leader from DreamActivist Ohio and a reporter from The Columbus Dispatch and successfully obtained his license.
At the same time, CityBeat received a tip from an anonymous illegal immigrant after she could not get a driver’s license for her son because, according to what she heard from the BMV, state policy is still being reviewed.
The differences between Portillo and the woman’s experiences are reflected by what seems to be an internal conflict at the BMV, which CityBeat found in a series of internal documents sent by Brian Hoffman, Portillo’s attorney. In emails dating back to January, state officials wrote that “foreign nationals” with C33 Employment Authorization Documents (EAD) and I-797 documents with case types I-765D and I-821D cannot qualify for driver’s licenses. The documents are part of President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) program, which allows the children of illegal immigrants to remain in the United States without fear of prosecution.
But a Feb. 13 memo from the BMV says Ohio has not issued a statewide policy on DACA for driver’s licenses and is currently reviewing the process. A Feb. 19 email echoes the memo, stating “neither the Department (of Public Safety) nor the BMV has yet issued a statewide broadcast to provide direction regarding the DACA issue.” In a Feb. 21 email, Lindsey Borher, spokesperson at the BMV, told CityBeat, “Our legal department is in the process of reviewing guidance from the federal government as it applies to Ohio law.”
The discrepancy between January and February may be attributable to CityBeat originally breaking the story on the state policy, which was followed by a barrage of statewide media coverage on the issue.
The Glenn is under construction in San Diego, where a keel-laying ceremony signifying the initial step in construction was held earlier this week. When it enters the fleet, which is expected in 2015, the vessel will be 837 feet long and displace 80,000 tons when loaded. Navy officials say they can use it for both warfighting and humanitarian missions. The ship was in the Pentagon budget before the current debate over the fiscal cliff and defense spending cuts got under way. Meanwhile, NASA is no longer able to put astronauts in orbit because funding for manned flights ended when the space shuttles were grounded.
John Glenn was a Marine pilot who became one of NASA’s seven original Mercury astronauts. He was friendly with John F. Kennedy, who recruited him to become a politician. During his years in the Senate, he was among Ohio’s most popular elected officials. Glenn ran for president in 1984 but didn’t make it out of the primaries. He was a flop as a national candidate.
Navy officials say they plan to build three ships similar to the USNS John Glenn, which are designed as giant sea-going supply and troop platforms. They can carry three hovercraft for amphibious operations. The Navy calls the ships Mobile Landing Platforms and says the design is based on the huge commercial supertankers that carry crude oil from Alaska.
Glenn is in his nineties and attended the keel-laying ceremony. He is active and campaigned last fall for President Barack Obama’s reelection.