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.
The Anna Louise Inn, the city of Cincinnati and Western & Southern (W&S) met for what could be the final time in court today. For the most part, both sides took their time at the Ohio First District Court of Appeals to restate past arguments.
The three-judge panel heard 15-minute arguments by both sides. It is expected to give a final decision in 30 to 45 days.
During the hearing, W&S lawyer Francis Barrett insisted that the Anna Louise Inn meets the definition of a “special assistance shelter,”rather than “transitional housing” as it was originally classified, due to the Off the Streets program, which helps women involved in prostitution turn their lives around. The difference in labels could have substantial implications for the Anna Louise Inn and whether it can go ahead with its planned $13 million renovation. However, the inn has already obtained a conditional use permit for its renovations in light of the original court decision classifying it as a special assistance shelter.
Tim Burke, lawyer for the Anna Louise Inn, rebutted by asserting that the record shows the Anna Louise Inn has never acted as a special assistance shelter. In one example, Judge Sylvia Hendon asked Burke if the Anna Louise Inn would take in a woman in the middle of the night since it is not a special assistance shelter. Burke responded by saying the Inn would turn the woman away, as required under zoning code: “She will be directed to one of the traditional homeless shelters. She is not admitted to the Anna Louise Inn. The program does not operate that way, and it never has. And the record is absolutely clear about that.”
The ongoing feud was triggered by Cincinnati Union Bethel’s (CUB) refusal to sell the Anna Louise Inn property to W&S. The company originally offered $1.8 million to buy the Anna Louise Inn in 2009. CUB declined, and it eventually obtained $12.6 million in state- and city-distributed federal funding for long-needed renovations. From that point forward, relations between CUB and W&S deteriorated, as CityBeat previously covered in detail (“Surrounded by Skyscrapers,” issue of Aug. 15)
When asked how the hearings went, Burke replied, “You never know … until you hear the decision.”
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.
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.
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:
Even as the local Republican Party searches for a competent person willing to take on Hamilton County Commissioner Todd Portune in next year's election, the GOP chairman insists the party won't be cutting another deal to let Portune run unopposed.
With the Dec. 7 filing deadline now past, the Hamilton County Republican Party has listed one of its staffers, Finance Director Maggie Nafziger Wuellner, as a placeholder to reserve a spot on the ballot against Portune, a longtime Democratic incumbent.
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, “Do you support or oppose the city's streetcar system as currently planned and financed?”
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.