Cintas Corp. sets unrealistic production quotas for laundry workers that cause dangerous conditions and it led to the death of one worker in March 2007, according to a motion filed in a lawsuit against the company.
The widow of Eleazar Torres-Gomez, an employee who died when he fell into a dryer at a Cintas facility near Tulsa, Okla., made the allegation in an application filed Tuesday that seeks to amend her lawsuit.
Since 2006, the Ohio Smoke-Free Workplace Act has banned indoor smoking at public establishments and places of employment, making Ohio the first Midwestern state to enact a state-wide ban. Despite controversy and contestment, that ban will continue to be enforced statewide.
The owner of Zeno's Victorian Village in Columbus who attempted to combat the law was shut down by a unanimous 7-0 vote in the Ohio Supreme Court today, which ruled that the state's six-year smoking ban is constitutional.
Ohio's ban affects some 280,000 establishments across the state of Ohio, according to the Ohio Department of Health (ODH).
According to the Supreme Court of Ohio's case summary, Zeno's was cited 10 times for violations of the ban from July 2007 and September 2009, receiving multiple fines, none of which were paid. In protest of the violations, the director of the ODH filed a complaint against Bartec Inc., the corporate entity that owns Zeno's, requesting the bar to pay all outstanding fines.
Bartec and legal representative 1851 Center for Constitutional Law, a nonprofit legal center, asserted that the smoking ban was unconstitutional, a violation of the state's policing powers and that prohibiting smoking in an adults-only liquor-licensed establishment such as Zeno’s is "unduly oppressive," according to the case summary.
The ban and its enforcement, argued Bartec, constitutes an unlawful taking of property, meaning an improper confiscation of the owner’s control of the indoor air.
"The goal of this legislation is to protect the health of the workers and other citizens of Ohio. ... It does so by regulating proprietors of public places and places of employment in a minimally invasive way. We therefore hold that the Smoke Free Act does not constitute a taking,” wrote Justice Lanzinger in her opinion.
In her written opinion, Justice Judith Ann Lanzinger also cited 2002 Supreme Court decision, D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of Health:
"We have previously stated that the General Assembly has the authority to enact a public-smoking ban. ... Although the Smoke Free Act was ultimately passed pursuant to a ballot initiative, the voters of Ohio also have a legitimate purpose in protecting the general welfare and health of Ohio citizens and workforce from the dangers of secondhand smoke in enclosed public places. By requiring that proprietors of public places and places of employment take reasonable steps to prevent smoking on their premises by posting ‘no smoking’ signs, removing ashtrays, and requesting patrons to stop smoking, the act is rationally related to its stated objective.”
According to the Columbus Dispatch, the bar owes the state approximately $33,00 in violation fines, and the state has threatened to seize and foreclose the bar if the fines aren't paid.
See how Ohio's public smoking laws compare to those in other states across the U.S. here.
The Bengals will be on national TV tonight taking on their big brother the Pittsburgh Steelers, and they’ll be without Chad Ocho Cinco because he done broke a team rule. What kind of rules to the Bengals have anyway? No winning? HAHAHA.
While I’m not quite a junkie, I am fairly addicted to the “33 1/3” book series from publisher Continuum. If you’ve yet to hear about the series, the books are each dedicated to one specific album that has gained some sort of notoriety in the music world. The records chosen are mostly cult favorites with a few influential blockbusters mixed in. Of the 60 books written so far (each by a different author), the series has covered Pet Sounds, Songs in the Key in Life, Exile on Main St. and Led Zeppelin II but also lower-selling but no less influential recordings by the Magnetic Fields, Belle & Sebastian, Guided By Voices, DJ Shadow and Sonic Youth. (For a great overview, pick up one of the two Greatest Hits volumes released by the publisher.)
The tomes vary in approach, with some offering strictly historical examinations, some more about the author’s personal relationship with the album and others a mix of both. Chicago-based writer and music industry vet Bob Gendron has written what will likely be the only Cincinnati-connected album in the series, telling the tale behind Gentlemen, the major-label debut and relative breakthrough album by The Afghan Whigs. I would argue that records by Over the Rhine and The Ass Ponys, among others, deserve the 33 1/3 treatment, but they’re likely not well known enough to pique the publisher’s interest. I’d also argue that my personal favorite Whigs’ album, Black Love, should get a book, but the chances of having two Whigs stories in the series are just as slim.
Gendron mostly plays historian, telling the story via research and numerous interviews with the prime players, including all of the Whigs (drummer Steve Earle included), Sub Pop employees (Gendron himself used to be one) and other friends and industry connections. He also does a fantastic job of recreating the state of the Whigs at the time, a band of tight friends on the brink of major success yet also inflicted with drug issues and internal and external squabbles.
The story of Gentlemen is bookended by the tale of the band’s beginnings and their breakup, all the way up through last year’s greatest hits album. There are a lot of interesting tidbits and revelations. Gendron gets singer/songwriter Greg Dulli to talk about his serious relationship with the mysterious “Kris,” the dissolution of which led to the album’s tortuous, heartbroken tone. Other fun facts: Dulli recorded several of the album’s lead vocal tracks in one night while flying on coke and trying to impress a girl; Steve Earle was booted for several reasons (alcohol abuse, meddling girlfriend, creative control issues, ego conflict); and labelmate Linda Ronstadt was allegedly furious about the album’s cover (depicting a young boy and girl lounging on a bed), apparently under the impression that it was a naked bellybutton away from being child porn. It was also interesting to read that one of the band’s main friends at Elektra Records was feeding information to the nasty, slanderous 'zine Fat Greg Dulli.
Gendron gets to about every detail of the album, from the cover art’s original inspiration and liner notes to the songs’ inspirations and recording. But he doesn’t just relay facts. He also talks about Gentlemen as an artistic statement, carefully dissecting and describing the individual songs’ and the general album’s mood, cause and effect. Not only does Gendron’s book offer the last word on Gentlemen, it also shows what a compelling story The Afghan Whigs’ entire career remains.
For Whigs fans or even just those who were around Cincinnati to witness the band’s rise from little underground touring unit to soulful, seductive Rock machine, the book is a fascinating remembrance. For those who’ve never even heard of the Afghan Whigs, the story is universal and dramatic enough to be read as a novel (save the music-critic-y song dissertations).
The story is so good, in fact, that it would be great to see Gendron expand it beyond the 113 pages of this book. As his Gentlemen proves, the Whigs are deserving of a long-form biography that tells the band’s complete story. Who knows? Maybe Gentlemen: The Movie isn’t totally out of the realm of possibility.
Too bad John Belushi isn't around to play Greg. And Jimmy Page is too old to play Rick McCollum.
— Mike Breen
Saturday semifinals and on the men’s side, the only real intrigue comes from looking ahead to the finals, although any player will tell you that they can never overlook the opponent immediately across the net.
Novak Djokovic, the number two seed, goes toe-to-toe with the sixth seed from Argentina Juan Martin Del Potro, the first man other than Rafael Nadal to steal a Grand Slam from Federer during his amazing run from a few years ago. Del Potro has dealt with injuries, which slowed him down following his US Open win, but he’s back and clearly has what it takes to reach the finals here.
Djokovic has definitely brought that return game of his, which will be key against the taller Del Potro who takes advantage of his height. The first set stays on-serve until Del Potro litters a serve game with two double faults and Djokovic breaks for a 4-2 lead. From that point, it’s a routine set of holds with Djokovic winning the set 6-3.
Djokovic breaks Del Potro during his second service game in the second set. A pair of holds before Djokovic breaks again (Del Potro fails to win a point during this service game) for a 5-2 lead. Watching the latter portion of this set, its curious to see Djokovic pushing Del Potro further and further off the baseline with punishingly deep shots. And he pushes and shoves him right out of the match with a final ace [6-3, 6-2].
The other semifinal match is all Swiss, all the time. The number one-seed and world’s number one player Roger Federer against Stanislas Wawrinka. The two teamed up to capture the gold in doubles in the Olympics and having served as practice partners over the years, there’s a real familiarity that could make this match intriguing.
Federer comes out and it is apparent that as the man is king of all he surveys. The crowds are overwhelmingly behind him, granting him home court advantage, although its not like he needs it.
The first set features flashes of brilliance from each man as they hold serve with Wawrinka confirming that he has a powerful weapon in his serve. He logs more aces than Federer, yet Federer's net play and shot selection more than keeps him in the match. By the inevitable tiebreak, the all-around game of Federer leads to a 7-4 win.
The second set is more of the same as they trade holds up through 3-games all, and then Federer sneaks in a break and a strong hold for a 5-3 lead. The expectation is for a Wawrinka hold and then Federer to serve it out, but an untimely double fault for Wawrinka gives the game and match to Federer [7-6 (7-4), 6-3].
Roger Federer versus Novak Djokovic. The number one seed versus the number two seed – the first time the two top seeds have met in the finals at the W&S Open. This is the match everyone was waiting for and the crowds are raucous.
On court, the action takes an unexpected turn. Federer breaks immediately, holds and then breaks again for a 3-0 lead. He holds again at love and unbelievably breaks once more for 5-0. Is Djokovic hurt? He makes no calls for his coach or a trainer and simply lets Federer serve out the first set [6-0]. Has he ever been blanked in a set, in an event final?
When Djokovic holds to start the second set, the crowd whoops it up, hoping to provide him with a charge. And now both players look like the top seeds we came to see. The service games add up and there’s the sense that a tiebreak is in store.
When it arrives, the temperature seems to rise. Heat and excitement generate a palpable jolt. Federer grabs a mini-break on Djokovic’s first serve and holds his two points. Before the air deflates out of the stands, Djokovic holds and breaks back. Back and forth they go. At 6-6, with the crowd firmly in his corner, Djokovic holds to take a 7-6 lead, but Federer scores a huge smash before taking the next two points and the match.
He raises his arms and grants Mirka a knowing nod as he walks over to towel off before the trophy presentation. This match sets the field on notice that Federer is ready to extend his Grand Slam singles title count even further and everybody, including the defending champion, better watch out.
The women’s finalists, ninth seed Na Li (CHN) and the fifth seed Angelique Kerber (GER), have the distinction of being the players who took out the Williams sisters on the way towards this meeting and each of them has proven capable of slugging it out or exerting their will through carefully constructed points.
Much like the men’s final though, this one starts off rather one-sided. Kerber follows up an all-business hold with a quick break of Li and another hold. Li finally hangs on during a service game, but what has undone her thus far is an inability to rein in her shots. Serves and groundstrokes sail far and wide in an-ever increasing avalanche. She seems confounded by her lack of control, but by the time Kerber has earned the first set at 6-1, Li has no answers and yet, it is Kerber who calls for an on-court conference with her coach.
The second set offers more of the same, as Li continues to push shots, except for her swinging half-volleys, which she nails with surprising accuracy. Somehow, she settles into a groove and evens things up at 3-all. Kerber lapses into a funk and before you know it, Li has secured the second set 6-3.
Li breaks to open the third set and suddenly, the two have completely switched games. Kerber can’t keep the ball on the court or as the games mount, it looks like she’s frustrated by Li’s ability to power shots all over the court. Kerber begins to stop chasing down shots that she consistently reached in the first set. She calls for a second pow-wow with her coach after falling down 3-0. Li aces her to take the fourth game, but Kerber digs deep enough to win her next service game and the crowd perks up for a minute, checking Kerber’s resolve. Unfortunately, Kerber had nothing left in the tank and she allowed Li to sweep her off the court without much resistance.
The final score [1-6, 6-3, 6-1] doesn’t quite reflect the curious lack of sharp precise play. It will be interesting to see if either player can use today’s effort as a springboard into the US Open. The women’s side of the upcoming Slam appears wide open, ready and waiting for someone, anyone to step up to the big stage, like Stosur last year. At this rate though, it will take far more from either of these finalists to own that epic moment.
Update (June 5, 11:20 p.m.): Libertarian mayoral candidate Jim Berns didn't hand out marijuana plants at a campaign event Wednesday, instead admitting to multiple media outlets that he was misleading the public to raise awareness of his campaign and marijuana legalization platform. Berns handed out tomato plants instead, which look similar to marijuana plants.
In perhaps an act of civil disobedience, Libertarian mayoral candidate Jim Berns is planning to hand out marijuana plants at a campaign event Wednesday.
But the event could run foul of state law for both Berns and attendees. Ohio law prohibits obtaining, possessing or using a controlled substance — a category that includes marijuana.
The event will take place at the intersection of Martin Luther King Drive and Clifton Avenue on Wednesday at 5 p.m.
"If you want one of the plants I suggest you get there early," Berns said in a statement.
In this year's mayoral race, Democratic candidates John Cranley and Roxanne Qualls are generally considered the top contenders, although neither candidate has received an official endorsement from the local Democratic Party.
Berns has differentiated himself from the frontrunners by pushing marijuana legalization in his platform.
Drug prohibition laws are generally dictated at state and federal levels, but city governments can legalize or decriminalize certain drugs and force police departments to give the issue lower priority.
Marijuana is already decriminalized in Ohio. Cincinnati re-criminalized the drug in 2006, but the drug was decriminalized through a city budget passed in 2010.
Some groups are attempting to legalize medical marijuana in Ohio. CityBeat covered those efforts in further detail here.
This week’s CityBeat features the announcement of the first several weeks’ worth of headliners for PNC’s MidPoint Indie Summer Series. The free, every-Friday concert series on Fountain Square again features an interesting array of out-of-town artists and Cincinnati music’s finest. The concerts begin June 3 with local Electronica duo You, You’re Awesome headlining a typically eclectic night of provocative sounds. It’s good prep for 2011’s MidPoint Music Festival this fall. The Indie Summer kick-off is your first chance to get MidPoint ’11 tickets — MPMFers can buy three-day passes at a discounted rate while they last at the events this summer.
Below, take a look/listen to the performers announced so far.
In our local music column Spill It from the CityBeat issue out today, we announced the lineup for this year’s much anticipated MusicNOW festival, which includes a closing-night headlining appearance by Cincinnati-bred Indie music stars The National on May 15.
National guitarist Bryce Dessner is the brains behind MusicNOW, which began in 2006 and has featured unique performances by some of Indie music’s biggest names, as well as up-and-comers and those on the edgier fringe of modern Classical/Chamber music. Dessner’s Avant Chamber group Clogs has played the fest in the past, but this is The National’s first time at MusicNOW.