The ruling means the case could restart, potentially setting Cincinnati Union Bethel, which owns the inn, and Western & Southern on another path of court hearings and appeals that will take up taxpayer money and the courts’ time — all because Western & Southern is bitter it didn’t purchase the Anna Louise Inn when given the opportunity.
By agreeing with the lower court that Cincinnati Union Bethel filed an incomplete application, the appeals court is now asking the owners of the Anna Louise Inn to resubmit their
funding requests to the city of Cincinnati — except this time Cincinnati Union Bethel
will have to include details about previously omitted parts of the Anna Louise Inn and the Off
the Streets program.
But Tim Burke, Cincinnati Union Bethel’s attorney, is hopeful the process will not have to restart. He says Cincinnati Union Bethel already carried out the appeals court’s requirements. After Hamilton County Judge Norbert Nadel handed down his May 4 ruling against the Anna Louise Inn, Cincinnati Union Bethel started a second chain of zoning and permit applications to obtain a conditional use permit that met Nadel’s specifications. So far, the applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.
Burke and Cincinnati Union Bethel hope to meet with Nadel Monday to make their case. If they’re successful, they’ll stave off another series of court hearings and appeals.
Burke says the case has been a uniquely negative experience — previously calling it one of the most frustrating of his career. He says Western & Southern’s actions are pure obstructionism: “They benefit from delays, and that’s all they’re trying to do.”
Cincinnati Union Bethel wants to use city funds to help finance $13 million in renovations for the Anna Louise Inn, which are necessary to keep the building open and functional.
The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.
Western & Southern previously supported the Anna Louise Inn and the Off the Streets program with direct donations, but the friendly relations abruptly ended when Cincinnati Union Bethel refused to sell the building to Western & Southern, instead opting to renovate the Inn. At that point, Western & Southern began a series of legal challenges meant to obstruct Cincinnati Union Bethel’s renovation plans.
The zoning debate centers around whether the Anna Louise
Inn qualifies as a “special assistance shelter” or “transitional
housing.” The Anna Louise Inn originally claimed to be transitional
housing, but Nadel ruled the building is a special assistance
shelter. After that ruling, Cincinnati Union Bethel obtained a conditional use permit for the new classification, but Western & Southern is now disputing the approval of that permit.
For more information about this ongoing dispute, visit CityBeat's collection of coverage here.
A private, off-campus apartment complex geared toward students and located just blocks away from the University of Cincinnati is facing possible foreclosure.
The Bank of America has filed legal action in the Hamilton County Court of Common Pleas against the owner of McMillan Manor, a five-story, 122-unit apartment building that opened in 2006.
Environmental Justice is about keeping already polluted neighborhoods from having to accept more polluting neighbors – usually industry, not a family of 12 or more. The myth that jobs will be lost and businesses will choose other locations (taking their precious tax dollars with them) is one of several objections used to support placing polluting companies in “overburdened” areas.
America is a country at war. While the war in Iraq ostensibly drew down in December 2011, the United States has been quagmired in a war in Afghanistan for more than a decade.
But we're also in the midst of a number of other wars — cultural wars. It started with Nixon’s War on Drugs, then quickly escalated.
President Barack Obama’s environmental regulations on coal mining caused proponents to claim he had declared a War on Coal. The Affordable Care Act’s mandate that companies pay for employee contraception caused many faith groups to claim a War on Religion.
Statements from Republican politicians about “legitimate rape” and “binders full of women” caused some Democrats to claim the GOP had declared a War on Women.
And the ever-vigilant conspiracists news hounds at FOX News have exposed a scheme by Jesus-hating liberals to wage a War on Christmas for trying to remove constitutionally questionable dolled-up trees and pastoral scenes of babies in unsuitable barn-life cribbery faith-based displays from public property.
But by far the most heinous altercation being waged originated with Republican Ohio Senate President Tom Niehaus, who has declared a War on Babies.
As first reported by The Enquirer, conservative groups this week sent out a press release vilifying Niehaus for killing tons of babies in a mass effort to wipe out the state’s youth population a 17-month old bill that would give Ohio one of the strictest abortion laws in the nation.
Niehaus moved the so-called Heartbeat Bill — which would ban all abortions after the first detectable fetal heartbeat — from the Health Committee to the Rules and Reference Committee to avoid a forced vote on the legislation. He also removed staunch anti-abortion Senators Keith Faber and Shannon Jones from that committee.
“I’m shocked by Tom Niehaus’ war on pro-life women,” wrote Lori Viars in the news release. Viars is the vice president of Warren County Right to Life and vice chair of Warren County Republican Party.
Viars called for Republicans to remove Niehaus from Senate leadership. Niehaus is term-limited and will not continue on in office after this year.
Niehaus blamed Romney’s loss for his decision to kill the bill, saying that the Republican’s victory would have increased the likelihood of a U.S. Supreme Court lineup that would uphold it against a likely challenge.
A unanimous City Council vote on Wednesday to pass a resolution officially representing Cincinnati's opposition to the proposed H.B. 203, Ohio's own version of controversial "Stand Your Ground" laws, is part of a statewide advocacy effort to oppose loosening restrictions on the use of deadly force.
The vote puts Cincinnati in the middle of a national dialogue that's been ongoing since the death of unarmed 17-year-old Trayvon Martin in Sanford, Fla., in 2012.
The bill, introduced by House Republicans on June 11, contains several revisions to the state's gun laws, the most controversial of which is the proposal to expand the circumstances in which a person has no duty to retreat from a threatening situation before using force in self-defense. Those in opposition to the bill worry that change will encourage vigilante justice and give gun owners a false sense of entitlement in using their firearms in otherwise non-violent situations.
The bill's language also loosens restrictions on concealed carry permits and would make it easier for individuals subject to protection orders to obtain handguns.
State Rep. Alicia Reece spoke at a Wednesday press conference at City Hall to support Cincinnati's formal opposition to the bill. Reece, also president of the Ohio Legislative Black Caucus, is part of its statewide campaign to garner enough opposition to H.B. 203 to present to Gov. John Kasich and other legislative leaders.
She says OLBC has already collected about 5,000 petitions and hopes to obtain more than 10,000 by the time the Ohio House of Representatives resumes regular sessions on Oct. 2.
Reece and Councilwoman Yvette Simpson, who sponsored the resolution, insist that Ohio's self-defense laws are already strong enough to protect those who face physical threats from others. In 2008, then-Gov. Ted Strickland signed Ohio's "Castle Doctrine" into law, which stripped homeowners of the duty to try to retreat in threatening situations and gives them the "benefit of the doubt" when they injure or kill a person who enters their residence or vehicle.
"While many states around the country which have Stand Your Ground laws are looking at ways in which they can repeal those laws, or change those laws, unfortunately Ohio is moving backwards by trying to implement Stand Your Ground laws, which has become one of the most polarizing issues not only in the state of Ohio, but in the country," said Reece at Wednesday's press conference.
The efficacy of stand-your-ground laws to reduce violence is widely debated; several researches insist that the laws actually cause an increase in homicides. Mark Hoekstra, an economist with Texas A&M University, published a study that found homicides increase 7 to 9 percent in states that pass stand your ground laws, compared to states that didn't pass laws over the same period. His study found no evidence the laws had an effect on deterring crime during the time period. Those statistics are difficult to gauge, however, because some homicides are legitimately considered "justifiable" while others may just be the result of the "escalation of violence in an otherwise non-violent situation," he told NPR in January.
H.B. 203 is currently waiting to be heard in front of the Policy and Legislative Oversight committee. See an analysis of the bill below:
Without much fanfare
but with supporters looking on in the Losantiville Room in Union Terminal,
Cincinnati City Council passed an ordinance on Wednesday banning the injection of
wastewater underground within city limits.
“I’m proud to be on the first City Council to ban injection wells,” said Councilwoman Laure Quinlivan, who submitted the ordinance to council.
“I want to give props to the solicitors … who have come up with a very unusual thing in City Council — a one page ordinance.”
The ordinance, which passed unanimously after being voted out of committee on Tuesday, is aimed at preventing the injection of wastewater from hydraulic fracturing, or fracking, under Cincinnati. Its injection has been linked to a dozen earthquakes in northern Ohio.
Opponents also worry that the chemicals in the water, which is used to drill underground to free up gas and oil, can seep into drinking water. Oil and gas companies aren’t required to disclose which chemicals they use.
It’s unclear if the city’s ban on wastewater injection would hold up against a 2004 state law that gives the state of Ohio sole power in regulating oil and gas drilling. That regulatory power also extends to Class 2 injection wells.
At a news conference earlier in the day, Quinlivan cited a ProPublica story that said between 2007 and 2010, one well integrity violation was filed for every six wastewater injection wells.
She says data like this makes it clear injection wells are
Food and Water Watch organizer Alison Auciello spoke in
support of the City Council ordinance at the news conference.
“We’re pleased City Council has moved swiftly for the protection of its citizens,” Auciello said.
The Ohio Department of Natural Resources (ODNR) has received no injection well permit requests for southwestern Ohio, but Auciello says the legislation is a good preventive measure.
Heidi Hetzel-Evans, a spokesperson for ODNR, says it wouldn't be feasible to build injection wells in southwestern Ohio due to the region's geology.
"It's safe to say oil and gas drilling has no direct impact on southwestern Ohio," Hetzel-Evans says.
Auciello says more bans like the Cincinnati ordinance are necessary in Ohio. She says she’s concerned that Ohio is being turned into a dumping ground as massive amounts of wastewater from Pennsylvania are brought to Ohio due to a lack of regulation.
Auciello also echoed calls from environmental groups to ban fracking in Ohio. However, fracking supporters — including Gov. John Kasich — insist the process can be made safe with proper regulations.
This story was updated to reflect City Council's afternoon vote.
The resolution expresses council’s dissatisfaction with the Ohio Legislature for granting “special privileges to the oil and natural gas industry” and asks it to repeal any laws that pre-empt local control over drilling.
The resolution targets the controversial practice of hydraulic fracturing or “fracking,” which uses chemically-laced water to free up natural gas trapped in shale formations underneath Ohio.
Fracking opponents worry that the chemicals used in the fluid — which companies aren’t required to disclose — can be toxic to people and animals.
Prior to the council vote, Vice Mayor Roxanne Qualls and Councilwoman Laure Quinlivan held a news conference on the steps of City Hall.
“I believe local officials should have a say on all matters related to potentially hazardous activities such as fracking,” Quinlivan said in an emailed statement. “I urge my colleagues to send a strong message to the Ohio Governor, the Ohio Legislature, and Cincinnati residents by passing this resolution.”
A 2004 state law puts regulation of oil and gas drilling
under the state’s purview, preventing municipalities from regulating
drilling on their land.
Copies of the resolution will be sent to Gov. John Kasich and members of the Ohio General Assembly elected from the Cincinnati area. The resolution comes after Ohio recently lifted a moratorium on new injection wells, which shoot wastewater deep underground for storage.
There had been a temporary ban on new wells almost a year ago after seismologists said an injection was to blame for 11 earthquakes around the Youngstown area.
City council in August passed an ordinance to band injection wells within city limits. Because the injection well ban doesn’t mention drilling, council hoped it wouldn’t clash with the state law preventing local regulation of oil and gas drilling.
As cities rush to solve major problems with water infrastructure, newer technologies are being touted by city agencies as cheaper, cleaner solutions. In two different local projects, the Metropolitan Sewer District of Greater Cincinnati (MSD) and a City Council task force are looking into green ways to solve the city’s water needs.
On Wednesday, CityBeat covered some of the benefits and downsides of green water infrastructure. According to the report reviewed Wednesday, green water infrastructure is cheaper and does create a boon of jobs, but it faces some funding and education problems. However, it was unclear how the green ideas would translate into Cincinnati.
Tony Parrott, executive director of MSD, says despite the challenges, green infrastructure is clearly the cheaper option. The organization is partnering with local organizations to adopt a series of new projects — among them, green roofs, rain gardens, wetlands — to meet a new federal mandate that requires MSD to reduce the amount of sewer overflow that makes it into local rivers and streams.
“That is a very costly mandate,” he says. “Our belief is that green infrastructure and sustainable infrastructure will allow us to achieve a lot of those objectives a lot cheaper than your conventional deep tunnel systems or other gray type of infrastructure.”
Of course, conventional — or “gray” — infrastructure still
has its place, but adopting a hybrid of green and gray infrastructure
or just green infrastructure in some areas was found to be cheaper in
MSD analyses, according to Parrott.
Plans are already being executed. On top of the smaller projects that slow the flow of storm water into sewer systems, MSD is also taking what Parrott calls a “large-scale approach to resurrect or daylight former streams and creeks that were buried over 150 years ago.” This approach will rely on the new waterways to redirect storm water so it doesn’t threaten to flood sewers and cause sewer overflow, Parrott says.
The programs are being approached in a “holistic way,” according to Parrott. MSD intends to refine and reiterate on what works as the programs develop. However, that comes with challenges when setting goals and asking for funding.
“We think that if you’re going to use a more integrated approach, it may require us to ask for more time to get some of these projects done and in the ground and then see how effective they are,” Parrott says.
If it all plays out, the ongoing maintenance required by the green approach could be good for the local economy, according to Parrott: “With the green and sustainable infrastructure, you’re creating a new class of what we call green jobs for maintenance. The majority of those jobs are something local folks can do as opposed to the conventional process.” Additionally, the green jobs also tend to benefit “disadvantaged communities” more than conventional jobs, according to Parrott.
The argument is essentially what Jeremy Hays, chief strategist for state and local initiatives at Green For All, told CityBeat on Wednesday. Since the green jobs require less education and training, they’re more accessible to “disadvantaged workers,” according to Hays: “They require some training and some skills, but not four years’ worth because it’s skills that you can get at a community college or even on the job.”
While MSD fully encourages the use of rain barrels, recycling will not be a top priority for MSD’s programs. Instead, that priority goes to the Rainwater Harvesting Task Force, a City Council task force intended to find ways to reform the city’s plumbing code to make harvesting and recycling rainwater a possibility.
Bob Knight, a member of the task force, says there is already a model in place the city can use. The task force is looking into adopting the International Green Construction Code (IGCC) in Cincinnati. The code will “prescriptively tell” architects and engineers how to design a rainwater harvesting system. In other words, IGCC would set a standard for the city.
Deciding on this code was not without challenges. At first, the task force wasn’t even sure if it could dictate how rainwater is harvested and recycled. The first question Knight had to ask was, “Who has that authority?” What it found is a mix of local agencies — Greater Cincinnati Water Works, MSD and Cincinnati Department of Planning — will all have to work together to implement the city’s new code.
The task force hopes to give its findings to Quality of Life Committee, which is led by Vice Mayor Roxanne Qualls, by the end of November.
The Gay and Lesbian Community Center of Greater Cincinnati recently held its annual membership meeting and elected leaders for 2012.
Rusty Lockett and John Maddux were elected to another term as board president and vice president, respectively. Lockett formerly served as the center’s clerk before first being elected president in early 2010. Also, he has served as event chairman for Pride Night at Kings Island in September and is convener of the local LGBT Episcopal worship group, called Integrity.