The Ohio Supreme Court ruled June 5 that a Butler County judge acted improperly when he sealed records relating to a 2012 rape flier posted at Miami University.
Judge Robert Lyons ordered the records sealed after a student at Miami University was charged with and pleaded guilty to disorderly conduct for posting a flier listing the "Top Ten Ways to Get Away with Rape" in a coed residence hall bathroom at the school.
When sealing the record, however, Lyons cited a law pertaining to sealing cases that don't reach a conviction, an error that he acknowledged later.
The case drew national attention, in part due to the graphic nature of the list, which included pointers like "If your [sic] afraid the girl will identify you slit her throat." It also drew scrutiny for Lyons' unusual move making the records in the case, and thus the student's name, unavailable to the public.
The Cincinnati Enquirer sued to have the records released. After the suit was filed, Lyons allowed the student to withdraw his guilty plea. The state of Ohio then dropped its case against the student, and Lyons sealed the case again under the same law he had cited previously.
Misdemeanors require a one-year waiting period before cases can be sealed. Judge Lyons argued that this isn't the case for minor misdemeanors like disorderly conduct and that no waiting period applied. In a 5-2 ruling, the Ohio Supreme Court disagreed, holding that there is no such distinction.
The student left Miami shortly after the incident.
You can find the full text of the court's decision here.
Good morning all. Let’s start out this Monday news rundown by going uptown.
•On Friday, Cincinnati’s Planning Commission passed a sweeping new plan for the area in the coming years. The plan anticipates the upcoming reworking of Interstate 71 and Martin Luther King Jr. Drive and envisions big changes to the area in Avondale, Corryville, and Mount Auburn.
Planners hope after the new interchange at MLK and I-71 is completed, Reading Road will become a kind of innovation corridor, with new biomedical and other scientific research facilities lining a redesigned, more pedestrian-friendly roadway.
The plan also calls for increased development in neighboring business districts, new construction on the numerous vacant plots in the area and increased housing stock close to the central cores of Clifton, Avondale, Corryville, CUF and Walnut Hills.
•Other changes are coming to Avondale. Four large apartment buildings housing Section 8 tenants and another vacant building in the neighborhood will be renovated, and the owners of the buildings are looking to have them placed on the National Register of Historic Places.
The Alameda, Ambassador, Crescent, Poinciana, and Somerset buildings, built between 1896 and the 1920s, will be overhauled starting this fall. The Ambassador, currently empty, will be revamped first, and then the other buildings will follow suit. The Community Builders Cincinnati, the buildings’ owners, will help 120 families who will have to vacate during renovations move to other buildings temporarily.
The renovations are expected to cost about $25 million and will finish up sometime in 2016.
• Hey, do you wanna go to LumenoCity? Too late. Tickets sold out in 13 minutes this morning. Yeah, I didn’t get any either, because 8 a.m. is way too early for me to operate a computer. But if you’ve got a hundred bucks to drop, you can still scoop some tickets up on eBay.
• Nationally, the 2016 presidential race is shaping up to be a wild ride. While Democrats so far seem pretty content with Hillary, the GOP is still courting their man (and yes, their nominee will almost assuredly be a man). Lately, Sen. Ted Cruz from Texas has been getting a lot of attention. Cruz handily won a straw poll at the Texas Republican Convention this weekend. Kentucky Senator Rand Paul, who is often cited as a front-runner, came in third. Chalk it up to home-state advantage. It’s hard to know who to root for in a contest like that, so I’m just going to hope that somehow the GOP jumps on the whole throw-back trend and nominates Abraham Lincoln again.
• Finally, a woman in Kentucky was found selling $3 million in ill-gotten Nikes from her front lawn. That’s a lot of stolen shoes. She said she didn’t know they were stolen and was selling them for $5 a piece. Not a bad deal, really.
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Since being released nationally in early May, Cincinnati rockers Wussy’s amazing latest album Attica! has been scoring an insane amount of neon-glowing reviews from many high profile outlets. Pitchfork, Pop Matters and Spin, among many others, have all given the album high praise (Spin also recently named it one of the Top 50 album releases of the year so far, alongside long-players by Beck, Pharrell and The Afghan Whigs). The band’s new record was also the inspiration for a remarkable essay by Charles Taylor for The Los Angeles Review of Books.
Give a listen to the new album below, then hit “buy” to grab your own copy:
Wussy is playing its only local show until at least this fall tonight, as the group keeps busy on the road throughout the summer, crisscrossing the country in support of Attica! The band’s upward trajectory that has been kickstarted by the new album shows no signs of slowing down anytime soon.
Check out CityBeat's recent interview with Wussy here.
Wussy joins The Tigerlilies, Honey & Houston and students from the School of Rock Mason (check the clips below for samples of each) for a free show tonight on Fountain Square as part of the MidPoint Indie Summer series (grab your MidPoint Music Festival passes in person at the MPMF booth or sign up for a chance to win some). The show starts at 7 p.m.
The Cincinnati Rollergirls close their season with the third annual Crosstown Knockdown Saturday. The double-header opens with a mixed game featuring CRG’s Black Sheep team and the Battering Rams, Cincy’s men’s team. During the main event, CRG’s Violent Lambs face-off with the Black-n-Bluegrass Rollergirls’ Blackouts. CRG’s home rink is at the Cincinnati Gardens; with the arena for sale, it might be the crew’s last game there. Gates open at 5 p.m. and the first bout begins at 6 p.m. The game is also Fan Appreciation Night — the first 500 fans through the door will receive CGR cowbells and the girls will be handing out gifts to fans throughout the games. Tailgating is encouraged, parking is free and dollar beers are available from 5-6 p.m. Tickets are $12 at the door.
Enjoy a taste of the Middle East this weekend with St. James’ Mediterranean Food Fest. Guests can binge on traditional fare including hummus and falafel, stuffed cabbage and grape leaves, varieties of kebabs, gyros, baklava and more. There will also be live entertainment and plenty of traditional carnival fare for the kids. The fest runs daily Friday through Sunday. Go here for directions and more info.
Concours d’Elegance returns to Ault Park for another summer day of classic cars displayed in one of Cincinnati’s most beautiful parks. More than 200 collector rides will be showcased, with a spotlight on Mustangs and microcars and the 100th anniversary of Maserati. Tickets are $20 in advance, $25 day-of. The show runs from 10 a.m.-4 p.m. Sunday.
Here’s a twist on the typical summer yard sale: Cincinnati Playhouse in the Park opens its scenery shop to the public for a big sale Saturday morning. Furniture, glassware, china, costumes, and other items seen onstage in popular Playhouse productions will all be priced to sell from 8 a.m.-noon. Bring cash or a check; all proceeds benefit the not-for-profit Playhouse.
The MidPoint Indie Summer Series continues Friday with a great lineup of local acts. The Mason School of Rock opens the night at 7 p.m., followed by Honey & Houston, The Tigerlilies and Wussy at 10 p.m. Advance tickets to MidPoint Music Festival ($69 all music access and $179 VIP) will be on sale at Fountain Square. Check out the full Indie Summer Series schedule here.
Second Sunday on Main kicks off this weekend, bringing more than 80 local vendors, food trucks, street performers, live music and specials at Main Street business to the street, between 13th and Liberty streets. This “Main Street Block Party” runs noon- 5 p.m., featuring music by The Hot Magnolias, a celebrity chef demo, a dog parade and contest, a clothing swap and community yard sale, entertainment at the Rock Paper Scissors performance tent and much more.
Cincinnati’s King Records and its various subsidiary labels have been widely celebrated for its vital contribution to the development of popular music in the 20th Century. The legendary label’s groundbreaking, integrated roster of Roots, Bluegrass, R&B and Funk artists gave the world recordings that were integral to the development of Rock & Roll, Pop, Country and, though perhaps less obvious to some, Hip Hop.
Musical icon James Brown was King’s most well-known artist and without Brown’s Funk genius, it’s likely that Hip Hop wouldn’t sound the same today. Brown’s work is some of the most widely sampled in Hip Hop and one song in particular provided the backbeats for innumerable Rap songs over the years. That song, “Funky Drummer,” was recorded at King’s studios 45 years ago in Cincinnati’s Evanston neighborhood.
Samples of Clyde Stubblefield’s drum break on “Funky Drummer” have powered classic Hip Hop tracks by the likes of N.W.A. (“Fuck the Police”), Boogie Down Productions (“South Bronx”), Public Enemy (“Bring the Noise,” “Fight the Power”), LL Cool J (“Mama Said Knock You Out”), De La Soul (“The Magic Number”), Ice-T (“O.G. Original Gangster”), Dr. Dre (“Let Me Ride”) and countless others. That break’s influence has never waned, as Nicki Minaj, Lupe Fiasco, Mos Def and many more producers and artists continue to find inspiration from the funkiest of funky beats. (And its influence extends beyond Hip Hop, having been featured on The Stone Roses’ classic “Fool’s Gold,” and tracks by everyone from Sinead O’Connor and George Michael to Aphex Twin and Korn.)
Tomorrow (June 7), some ’80s/’90s Hip Hop greats will honor the 45th anniversary of Stubblefield’s recording of that beat with an outdoor concert/block party near the site where it was recorded (in the 1500 block of Brewster Ave. in Evanston). The Cincinnati USA Music Heritage Foundation, along with Eastwood Entertainment, Lando Chapman, City of Cincinnati and the Bootsy Collins Foundation, have joined forces to bring “The Alumni Tour,” featuring a variety of old-school Hip Hop greats, to town for the special event, dubbed “Lando’s Old School Block Party.”
The concert will feature performances by Kwame, Dana Dane, Special Ed and Chubb Rock, each of whom understand the power and influence of “Funky Drummer.”
Saturday’s celebration will also feature appearances by the JB-approved “Young James Brown,” King artists Phillip Paul and Otis Williams and the Funkmaster General himself, Bootsy Collins.
Showtime is 7 p.m. (gates open at 5 p.m.). Tickets are $25 and can purchased in advance here. (Only those 21-and-up are permited.)
Proceeds from the event will benefit the Cincinnati USA Music Heritage Foundation’s ongoing efforts to draw attention to and preserve the legacies of Cincinnati’s rich musical past. The organization continues to do great things to honor downtown’s former Herzog Studios (where Hank Williams and many others recorded iconic tracks) and the group is currently supporting efforts to save and preserve the original site of King Records’ facilities and also attempts to have a permanent marker placed at the site of the old Riverfront Coliseum (now U.S. Bank Arena) in memory of the 11 fans who lost their lives in 1979 trying to get in to see The Who perform (a tragic event that led to the betterment of concert safety procedures throughout the industry).
Just two more days of the Cincinnati Fringe Festival, so here are a few recommendations for great shows you can still catch. (Look for reviews of these performances on CityBeat's Fringe page here.) Many Fringe performances are sold-out, so check in advance to be sure seats are still available: cincyfringe.com.
It’s that time again when I tell you all about the weird stuff that has happened in the last 24 hours or so. Cincinnati’s a crazy place, and the rest of the world isn’t far behind, so let’s get started.
• Remember those folks who hung the Greenpeace banners off the side of the Procter and Gamble building back in March? You know, the ones protesting P&G’s use of palm oil, the production of which leads to massive deforestation and loss of habitat for a number of endangered animals, including tigers? Of course you do. They were 50-foot banners with tigers on them, for godsakes.
No surprise, the nine activists responsible ended up in Hamilton County Court on felony counts. Today, lawyers for the group asked a judge to dismiss those charges.
The nine were charged with burglary and vandalism. However, there was no breaking and entering. One of the group, dressed in business attire with a fake badge, told security she had a meeting in the building and snuck the others in through a regular old door she unlocked.
The group’s lawyers insist burglary charges would only stick if the group had planned on committing another crime, and they say the political speech inherent in hanging banners off a building doesn’t count. They’re asking the courts to dismiss the charges on First Amendment grounds, saying the group is being punished for its political speech.
If that doesn’t fly, the activists could face up to nine and a half years in jail and/or a $20,000 fine. P&G claims the activists did $17,000 in damage to their windows while gaining access to the outside of the building, a charge the group denies.
• Yesterday, Mayor John Cranley explained his vision for Clifton as a place that pumps out the city’s future CEOs. The mayor said he’d like to make the area appealing to “the future Carl Lindners, the future Dick Farmers, the future folks who will build up business in this city” so they’ll stick around.
At an annual event held by the Uptown Consortium, a non-profit development group for the area, Cranley called the University of Cincinnati “the gateway to the upper-middle class” and Cincinnati State “the gateway to the middle class.” He said he’d like to improve the district, including centerpiece Burnet Woods, which he has descrbed as “creepy” in its current state. Specific ideas include a skywalk between the park and UC; more landscaped, Washington Park-like grounds; and more programing in the park.
• Today's job report shows that more than six years after the worst recession in recent memory we've finally regained number of jobs the country had before the plunge. Except we have 15 million more people now to fill those jobs, and the unemployment rate hasn't really budged much lately.
• But cheer up. It's National Donut Day. If you're me, every day is a donut day, but this donut day you can get some free deep-fried deliciousness down at Fountain Square. I started to ditch this news thing to go grab some, but it doesn't start until noon. Hey, free lunch.
from buying alcohol, everyone else can refinance loans for lower interest rates. But at
a time when charges for borrowing money have hit nearly historic lows, students have been
locked into their older, higher rates.
A new bill looks to remedy that and promises to not only pay for itself, but cut government spending.
So, students, graduates and budget hawks are happy, and everybody wins.
tricky part — paying for the program — is something called the
Fair Share Tax. The reduction in spending would come from the second part of the bill.
Also called “The Buffet Rule,” named after Warren Buffet and championed by Elizabeth Warren, the tax mandates a minimum rate of 30 percent on those who bring in a million dollars or more a year.
students loans without a refinancing option is a profitable business — the
government is set to take in $66 billion on interest alone from loans issued
between 2007-2013, according to the Government Accountability Office. Eliminating that money would have big budget implications. That's where the Fair Share Tax comes in.
The Banking on Students Emergency Loan Refinancing Act would allow those with loans issued before August 9 last year to refinance at the rates passed in 2013 — 3.8 percent for undergraduate loans.
Democrats, including Sen. Sherrod Brown, are trying to gather support for the bill. Brown filed the bill with Massachusetts Sen. Elizabeth Warren.
Warren introduced the bill in the Senate on May 5. She, Brown and other Democrats will be pushing it in the upcoming week.
“Every dollar a current borrower pays in interest is a dollar he or she can’t spend on a car, on a mortgage, or on starting a small business,” Brown said in an email sent out on Thursday requesting signatures to support the bill.
So far, 36 senators have signed it.
Last year, Congress lowered the rate of new loans but left existing rates the same.
Those higher rates are drowning graduates, keeping them stuck in their parents' basements, Warren said on the Senate floor last month.
“Make no mistake, this is an
emergency,” she said. “Student loan debt is exploding and it threatens the
stability of young people and the future of our economy.”
The Congressional Budget Office released a report on the bill Wednesday. The report found that lowering the rates of outstanding loans would increase spending by $51 billion, but with the new tax thrown in, the bill would also increase revenue by $72 billion between 2015-2019.
The report said deficits could be reduced in the next 10 years by about $22 billion.Congressional Republicans are sure to oppose the tax increase, considering most have signed Americans for Tax Reform’s taxpayer protection pledge to not raise taxes.
This won’t be the first time congressional Republicans have opposed the proposed tax. It was introduced in 2012 as the Paying a Fair Share Act and fell short of the votes needed to leave the Senate.
In the meantime, student loan debt totals $1.2 trillion, greater than all outstanding credit card debt.
Cincinnati passed its $358 million operating budget yesterday, and it’s great and all, except for the parts that aren’t. Nearly everyone on council applauded the fact that the budget is balanced, or close to balanced, or … well, I won’t replay that argument, but the city is getting close to leveling spending with what it takes in without layoffs or deep cuts to core programs.
But there are big concerns, too. Council members Yvette Simpson and Chris Seelbach questioned a few issues surrounding funding of certain non-profits and community redevelopment groups. These included $4 million borrowed from eight neighborhood TIF districts, cuts to the Neighborhood Business District Improvement Program, and some last-minute additions to the budget. Critics of the additions say they’re sweetheart deals built on cronyism. Some of the organizations in question have connections with big political players, including former Mayor Dwight Tillery’s Center for Closing the Health Gap, which will receive $500,000 from one of the Monday add-ons in the budget.
Simpson was the most vocal about the issues surrounding human services and neighborhood redevelopment funding.
“I was committed and part of an administration prior that was really invested in supporting neighborhood development in a significant way,” she said. “And we’ve cut $4.5 million to neighborhood development in this budget, and I think we’re going to regret that.”
• Council also passed Seelbach’s Domestic Partner Registry initiative yesterday, which will allow same-sex couples to register with the city so they can receive equal benefits from participating employers.
“Ten years ago, at this moment … some called this the most anti-gay city in the country, including me,” Seelbach said. “We’ve come a really long way, and this is one of the last pieces of the puzzle. Unfortunately, the state of Ohio doesn’t recognize marriage equality. It will soon, but until then, this is a tool.”
• A new national study by Homes for All Alliance to be released Friday shows that Cincinnati, like much of the country, is in an affordable housing crisis. More than 63 percent of households in Cincinnati are renters, not homeowners, according to the study. Of those households, half pay more than 30 percent of their income for rent, the federal threshold for unaffordable housing. Even worse, 30 percent of renters in Cincinnati spend more than half their monthly paychecks on a place to live.
A panel discussion on the study and affordable housing in Cincinnati is being held Friday at 6 p.m. at the Art Academy of Cincinnati. It will feature Vice Mayor David Mann, Over-the-Rhine Community Housing Director Mary Burke Rivers, Bonnie Neumeier from Peaslee Neighborhood Center and other advocates for affordable housing.
• The Ohio House yesterday passed a measure to allow electronic tolling, which could have big implications for the Brent Spence Bridge. The bridge is crumbling, and Ohio and Kentucky are currently working on a way to rebuild it. Engineers believe it will take $2.5 billion for a new bridge, and much of that money may have to come from tolls, lawmakers say. Though Ohio is (reluctantly) on board, voters in Kentucky have voiced strong opposition to tolls.
• In the “news that isn’t really new but that you should keep an eye on anyway” category, fixes for the Voting Rights Act are still stalled in Congress and probably will be for a while. The Supreme Court struck down a segment of the law regarding standards that determine which states will receive close scrutiny due to past voting rights violations. Congress can set new standards, but given that Congress can barely decide where they're all going to grab lunch these days, it looks like it could be a long wait.
• Finally, someone took DNA from a relative of Vincent Van Gogh, and, uh, 3D printed a copy of the artist’s ear, which he is said to have cut off in a fit of mental illness in 1888. It’s on display in a German museum, because paintings are kind of boring but Jurassic Park-like replicas of severed ears from long-dead artists are awesome.