A gay couple living in Ohio has filed a lawsuit today against the state of Ohio for failing to recognize their Maryland-certified same-sex marriage, which they claim is discriminatory because the state is required to recognize any certified heterosexual marriage from another state as valid.
Jim Obergefell and John Arthur, who suffers from amyotrophic lateral sclerosis (ALS), a progressive and disabling neurological disease that causes muscles to rapidly deteriorate, traveled to Maryland last week to officially tie the knot after remaining as partners for 20 years, reports Cincinnati.com. The trip reportedly cost nearly $13,000 for a chartered, medically-equipped plane, all of which was sourced by donations from friends and family.
Arthur, 47, is a bed-ridden hospice patient and was diagnosed with ALS in 2011.
Attorney Al Gerhardstein, who is representing Arthur and Obergefell, cites the 14th Amendment's Equal Protection clause, noting that the Supreme Court's historic overturn of DOMA has stripped states of the right to discriminate against couples who seek same-sex marriages.
"John and James were validly married in Maryland. If they were an opposite sex couple, Ohio would recognize their marriage. Being a same-sex couple is no longer a good enough reason to deny them equal rights.”
As an example, he explains that should two first cousins fall in love in the state of Ohio, they can't be wed in Ohio and have their union recognized; however, should they travel to Georgia, where marrying your first cousin is legal, they could come back to Ohio and have a recognizable union under state law, enjoying the same benefits as any other heterosexual married couple in Ohio. The same rules would follow for other stipulations prohibited under Ohio law, such as getting married underage in another state where the union would be legal.
Defense attorneys Terry Nester and Bridget Koontz were not available for comment. CityBeat will update this story with any changes.
Gerhardstein told CityBeat that the plaintiffs will go before U.S. District Court Judge Timothy Black on Monday, July 22, to ask for an expedited ruling in light of Arthur's rapidly deteriorating condition.
"Had the Supreme Court made this decision one year ago, this would have been as simple as us taking a trip because I could still walk. It's the progression for me of the ALS, it's...it's just compounded everything," he told Cincinnati.com camera crews earlier this week.
Bengals wide receiver Jerome Simpson has some explaining to do after being caught yesterday receiving a shipment of 2.5 points of weed to his home. Authorities found another 6 pounds inside the Crestview Hills house, which Simpson owns. Here's how the incident will affect your fantasy football team, should you have made the mistake of drafting Jerome Simpson.
State Sen. Bill Seitz says he’s working on a bill that would cap how much utilities can spend on energy efficiency programs and eliminate requirements for in-state wind and solar power. But the proposal isn’t completely unique to Ohio, which is just one of many states in which national conservative groups are working to weaken state energy standards.
Seitz, a Republican from Cincinnati, told Gongwer
that his bill will keep requirements for utilities to provide 25
percent of their electricity from alternative sources and reduce
customers’ consumption by 22 percent by 2025.
But the other measures will likely weaken renewable energy and efficiency standards set by Ohio’s Clean Energy Law in 2008.
The bill is presumably the result of Seitz’s review of Ohio’s energy rules, which the state senator announced earlier in the year.
FirstEnergy, an Akron-based utility company, says the review is necessary because the regulations impose too many costs. But there’s another major group involved: the American Legislative Exchange Council (ALEC).
Seitz is on the board of directors of ALEC,
a conservative group that’s gone from state to state to push legislation
that typically favors corporate interests.
Some state officials, including Ohio House Speaker William Batchelder, reportedly attended ALEC’s 40th annual meeting in Chicago Aug. 7-9.
Just a couple weeks after that meeting, Seitz announced he still intends to rework Ohio’s energy standards.
ALEC previously teamed up with the Heartland Institute, a libertarian think tank that gets much of its funding from oil companies, to write the standard for legislation that pulls back state energy rules. Many of the effort’s backers, particularly at the Heartland Institute, deny man-made global warming, even though scientists are 95 percent certain climate change is influenced by human actions.
ALEC’s efforts have so far failed in every state in which legislation has been proposed, as shown in this map from ThinkProgress:
But Ohio may be the first state to buck that trend if Seitz insists on pushing his review.
A report from advocacy group Environment Ohio found the current energy standards, which require Ohio utility companies get 12.5 percent of their energy needs from renewable sources, have successfully spurred clean
energy projects all around the state, particularly in Cincinnati.
One local example: The Cincinnati Zoo and Botanical Garden in 2011 installed solar panels in its parking lot that will generate enough electricity to meet 20 percent of the zoo’s electricity needs and reduce pollution associated with global warming by 1,775 tons annually, according to the report.
But the standards are written in a way that favors in-state sources, which was supposed to ensure that at least half of the renewable energy development spurred by the Clean Energy Law happened in Ohio. A June 2013 ruling from the Seventh Circuit Court of Appeals indicated that the in-state preference is an unconstitutional violation of the Commerce Clause.
Seitz will introduce his bill in the next two weeks.
Mayor Mark Mallory is working to thwart an effort by Cincinnati’s own U.S. Rep. Steve Chabot (R-OH) to prevent federal funding from being used to construct a streetcar in the city. Chabot offered an amendment on June 27 to the 2013 Transportation and Housing Urban Development spending bill that would bar federal transportation money from being used to design, construct or operate a “fixed guideway” project in Cincinnati.
Mallory called Chabot’s move “nothing but a political stunt.” Mallory today said in a press release that he is reaching out to legislative leaders in both the U.S. House and Senate to remove the amendment. Mallory said he’s also making calls to the White House.
“Steve Chabot seems determined to stop progress in Cincinnati,” Mallory said in the release. “He seems determined to make sure that other parts of the country thrive, while Cincinnati is left in the past. That is not the kind of leadership that we need in Washington, D.C..”
The city has procured a $25 million federal Urban Circulator Grant. That funding would not be jeopardized, as the Chabot amendment would only apply to federal funding for fiscal year 2013.
The U.S. House approved the amendment on a voice vote. To become law, it would have to be passed by the Senate and signed by the president.
“Far from a necessity, the Cincinnati streetcar is a luxury project that our nation and our region simply cannot afford,” Chabot said during testimony on the House floor.
Some opponents of the amendment worry that it could prevent funding for other transportation as well.
According to the U.S. Department of Transportation, fixed guideway refers to any transit service that uses exclusive or controlled rights-of-way. That means the ban on federal funding to those modes of transportation could apply to ferryboats, designated bus or carpool lanes and aerial tramways in addition to streetcars.
Chabot’s office did not respond to a request for comment on Tuesday. (Andy Brownfield)
Mitt Romney was criticized for wanting to “kill Big Bird” due to his proposed cuts to publicly funded media, and now City Manager Milton Dohoney Jr. could face similar criticism. In his 2013 budget proposal, Dohoney suggested eliminating $300,000 in support to Media Bridges, an organization that provides public access TV and radio stations in Cincinnati.
Tom Bishop, executive director of Media Bridges, called the cuts a “meteor” to his organization’s budget. He described dire circumstances in which Ohio originally cut funding to Media Bridges in June 2011, leaving the organization with $198,000 from remaining money in the state fund and $300,000 from Cincinnati’s general fund. The state fund was provided by Time Warner Cable, and lobbying from the cable company is what eventually led to the fund’s elimination. The end of the Time Warner fund cut Media Bridges’ budget by one-third, forcing the organization to change facilities to make ends meet with less space.
With the city manager proposing to cut the city’s $300,000 in funding, Media Bridges is essentially losing $498,000 in 2013. Bishop says that’s about 85 percent of the organization’s budget — a financial gap that would be practically impossible to overcome. “If it’s a complete cut, we’re looking at liquidation,” says Bishop.
When it was notified of the changes a few months ago, Media Bridges gave an alternative plan to the mayor’s office that keeps $300,000 in funding every year after a six-month transition period. But even that plan isn’t ideal, according to Bishop. It would force Media Bridges to cut four staff members, become more dependent on automation and charge $200 a year for memberships with a sliding scale for low-income members.
Media Bridges will be reaching out to the public, mayor and
council members in the coming weeks to draw support in fighting the cuts.
At the government meetings, Bishop will make the plea that public access outlets are important for low-income families. He says it’s true that the Internet and cable television have expanded media options for the public, but, according to the 2010 Greater Cincinnati Survey, more than 40 percent of people in Cincinnati don’t have access to broadband. That’s a large amount of the population that will be left without a way to easily speak out in media if Media Bridges funding is dissolved.
In a world of saturated media, Bishop rhetorically asked why four TV channels that do a public service would need to be targeted: “Does it seem so ridiculous that the people should have a tiny bit of that bandwidth so that they can communicate with the community, share cultural events, share what’s going on in the community and participate politically?”
He added the organization also provides educational access, which allows institutions like the University of Cincinnati, Cincinnati Public Schools and various private schools to reach out to the community.
Media Bridges also sees the cuts as a bit unfair relative to other budget items. Bishop acknowledges “fiscal times are hard,” but he pointed out CitiCable, which broadcasts City Council meetings and other educational services, is getting more than $750,000 in the proposed budget to run one TV channel, while Media Bridges isn't getting $300,000 to run four TV channels and a radio station. He praised CitiCable — “Those guys do a great job over there; they provide a great service” — but he also says the disproportionate cuts are “just not right.”
The cuts to Media Bridges are some of many adjustments in the budget proposal by Dohoney. To balance Cincinnati’s estimated $34 million deficit, Dohoney suggested pursuing privatizing parking services and other cuts, including the elimination of the Cincinnati Police Department’s mounted patrol unit and a $610,770 reduction to human services funding.
Update (Nov. 30, 3:45 p.m.): Meg Olberding, spokesperson for the city manager's office, called back CityBeat after this story was published. She explained Media Bridges was a target for cuts for two reasons: The program was ranked low in importance in public feedback gathered during the priority-driven budget process, and Media Bridges isn't seen as a core city service.
Olberding also said that while some funding does flow through the city to CitiCable, that money has always come from franchise fees from Cincinnati Bell and Time Warner. In the case of Media Bridges, the city was not funding the program until it picked up the tab in 2011. Until that point, Media Bridges was funded through the now-gone Time Warner fund. Only after funding was lost did the city government provide a “one-year reprieve” in the general fund to keep Media Bridges afloat, according to Olberding.
The MLK/I-71 Interchange project is supposed to be funded through the city’s parking plan, but mayoral candidate John Cranley, who opposes the parking plan and streetcar, says the city should instead use federal funding that was originally intended for the streetcar project.
Between 2010 and 2011, the streetcar project was awarded about $40 million in federal grants — nearly $25 million through
the Urban Circulator Grant, $4 million through the Congestion Mitigation
and Air Quality (CMAQ) Grant and nearly $11 million through TIGER 3.
The grants are highly competitive and allocated to certain
projects. In the case of Cincinnati, the grants were specifically
awarded to the streetcar after it was thoroughly vetted as a transit, not highway, project.
The Department of Transportation (DOT) website explains why the Urban Circulator Grant is only meant for transit projects like the streetcar: “Urban circulator systems such as streetcars and rubber-tire trolley lines provide a transportation option that connects urban destinations and foster the redevelopment of urban spaces into walkable mixed-use, high-density environments.”
The CMAQ Grant’s main goal is to fund projects that curtail congestion and pollution, with an emphasis on transit projects, according to the Federal Highway Administration. The website explains, “Eligible activities include transit improvements, travel demand management strategies, traffic flow improvements and public fleet conversions to cleaner fuels, among others.”
The DOT website says TIGER 3 money could go to a highway project, but one of the program’s goals is promoting “livability,” which is defined as, “Fostering livable communities through place-based policies and investments that increase transportation choices and access to transportation services for people in communities across the United States.” TIGER 3 is also described as highly competitive by the DOT, so only a few programs get a chance at the money.When asked about the grants’ limitations, Cranley said, “I believe … the speaker of the house, the senator, the congressman, the governor and the mayor could petition and get that changed. Just because that may have been the way they set the grants in the first place doesn’t mean they can’t change it.”
The parking plan would lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority and allocate a portion of the raised funds — $20 million — to the MLK/I-71 Interchange project, but the plan is currently being held up by a lawsuit seeking to enable a referendum.
The streetcar is one of the few issues in which Cranley and Vice Mayor Roxanne Qualls, a streetcar supporter who is also running for mayor, are in stark contrast (“Back on the Ballot,” issue of Jan. 23).
Cranley’s opponents recently accused him of originally supporting the streetcar when he was a council member through two 2008 City Council motions, but Cranley says those motions, which he co-sponsored, only asked the city administration to study the merits of a streetcar plan, not approve of it. Cranley voted no on the first streetcar resolution in October 2007 and the motion to actually build the streetcar in April 2008.
“I’ve never said that I’m against the (streetcar) concept in all circumstances,” Cranley says. “I wanted to know if there was a way that they could pay for it in a way that wouldn’t take away from what I thought were more important priorities.”
A Clifton community group is contacting local and state officials to get help with the effort to reopen Keller's IGA grocery store in the Gaslight District.
The store, located on Ludlow Avenue in the heart of the neighborhood's business district, abruptly closed Jan. 6, shocking many residents and other longtime customers.