A Sixth Circuit Court of Appeals judge has denied the Milford-Miami Advertiser's request to appeal a 2012 ruling that charged the Gannett-owned suburban weekly with defamation and ordered the paper to pay the defamed plaintiff $100,000 in damages.
In an article published in the Advertiser on May 27, 2010 titled "Cop's suspension called best move for city," the paper implicated Miami Township police officer James Young, who years before had been mired in legal trouble for accusations of sexual assault that were eventually disproven, in its article discussing another sex scandal in the area.
According to court documents, in 1997, Young was initially fired from his job after a woman named Marcie Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. An internal investigation revealed that the two had actually been engaged in a relationship prior and that Young had spent time at Phillips' house while on duty. The allegations, however, were entangled in questions about Phillips' character and concern that she could have been lying about the rape because the relationship between the two had recently ended on rocky terms.
When DNA testing on semen found on a rug in the woman's home proved that the DNA didn't match Young's, he was exonerated and reinstated to his position.
The Advertiser article explained that Young had been terminated for sexual harassment, immoral behavior, gross misconduct and neglect in the line of duty and also stated that "Young had sex with a woman while on the job," which formed the basis for Young's defamation suit.
The 2010 article dealt with similar accusations lodged against Milford Police Officer Russell Kenney, who pleaded guilty to charges that he'd been having sex with Milford Mayor Amy Brewer while he was on duty on multiple occasions.
Kenney was suspended from his position for 15 days, but was later reinstated even though Milford's police chief planned to recommend his termination to avoid having to use an arbitrator to dissect the case.
Although the article is attributed to writer Kellie Giest, the lawsuit revealed that the paper's editor at the time, Theresa Herron, inserted the section of the article that went to trial. According to court documents, Herron added the paragraphs about Young to Giest's story because she felt the article needed more context about why the city wanted to avoid arbitration.
According to court documents from the suit Young filed against the Gannett Satellite Information Network, Gannett responded the to initial complaint by acknowledging that the statement was a defamation of character, but that the statement was made without actual malice on the part of Herron. There is a high legal threshold for plaintiffs to establish a defamation claim, which require the plaintiff to prove several elements beyond a reasonable doubt; for public officials, the threshold is even higher because they most prove that the offender acted with actual malice — in this case, knowing the claim about Young was false and printing it anyway — to win a lawsuit.
In its appeal, Gannett argued that Young, as a police officer, did not meet the threshold of a public official required to successfully establish a defamation claim and that Herron's inclusions were based on rational interpretations of documents on the case — even though Young denied having sex with plaintiff Marcie Phillips, he admitted the two had kissed and the arbitrator's report documented one instance in which Young was at Phillips' house while on duty.
In the court's opinion denying Gannett's appeal, Judge John Rogers writes that Herron admitted she had read the arbitrator's report from Young's case, which provided no evidence that Young and Phillips ever actually had sex at all.
"There was sufficient evidence for the jury to conclude that Herron was well aware that the statement she added to the article was probably false," it reads. "Herron was also reckless in failing to conduct any investigation beyond the records of the original case. She did not seek out Young for comment, nor did she talk to anyone involved in his case."
Dozens of residents and business owners gathered in Over-the-Rhine on Tuesday to launch a campaign that seeks to persuade Mayor-elect John Cranley and the newly elected City Council to support the $133 million streetcar project.
Attendees included Ryan Messer, who used his life savings to renovate his home in Over-the-Rhine; Derek Bauman, co-chair of Cincinnatians for Progress; Jean-Francois Flechet, owner of the Taste of Belgium; and Derek dos Anjos, owner of The Anchor.
“We’re here today to keep the conversation going outside of political rhetoric and partisan politics,” Messer said. “Simply put, the streetcar is a component of Cincinnati economic development, and it’s a project that grows the whole city — not just an urban core, which, by the way, is an important part of developing this region.”
The group intends to lobby Cranley and the newly elected council, which appear poised to cancel the project when they take office in December.
At least three of nine elected council members — P.G. Sittenfeld, David Mann and Kevin Flynn — have told media outlets that they want a full accounting of the project before making a final decision. Another three — Chris Seelbach, Yvette Simpson and Wendell Young — are on the record as supporting the project. The final three — Christopher Smitherman, Charlie Winburn and Amy Murray — adamantly opposed the project in the past.
Members of the pro-streetcar group invited Cranley and all elected council members to join them at a town hall-style meeting on Nov. 14 at the Mercantile Library, where supporters will discuss their path forward. So far, supporters have publicly discussed a concerted lobbying effort, a referendum if council passes an ordinance undoing the streetcar project and possible legal action.
As CityBeat first uncovered, the costs of canceling the project are currently unknown, and some of the costs could actually fall on the operating budget that pays for police, firefighters and human services instead of the capital budget that is currently financing the streetcar project.
Much of the uncertainty falls on ongoing construction for the streetcar, which has continued despite the newly elected city government’s intent to stop the project. As of September, the city spent $23 million on the project and contractually obligated $94 million, some of which city officials say will need to be paid back even if the project were canceled.
The U.S. Department of Transportation also told city officials in a June 19 letter that nearly $41 million of nearly $45 million in federal grants would need to be returned if the project were terminated.
Supporters also claim Cincinnati would be giving up a 2.7-to-1 return on investment over 35 years if the city abandoned the streetcar now. That estimate is derived from a 2007 study conducted by consulting firm HDR, which was evaluated and supported by the University of Cincinnati.
Project executive John Deatrick says the HDR study is now outdated and the city is working on updating the numbers. Still, Deatrick says the project is intended to spur economic development, not just provide another form of public transportation.
The Nov. 13 issue of CityBeat will give a more in-depth look at the campaign to save the streetcar and some of the people involved in the movement.
The Cincinnati police officer who struck a pedestrian with his cruiser on Saturday was apparently driving 50 mph in a 25 mph zone, which violates the Cincinnati Police Department's guidelines that limit officers from driving more than 20 mph above the posted limit. Officer Orlando Smith was responding to a call to help an officer when he struck Natalie Cole of Dayton, Ky. She remains in critical condition at University Hospital Medical Center following the incident. CPD is conducting an investigation that is expected to be completed within two weeks. But Smith's cruiser camera mysteriously failed to record for three minutes as the events unfolded; the latest recording available prior to the incident shows Smith leaving a grocery store parking lot with his lights and sirens on, as required by department policy when responding to help an officer. Witnesses told WCPO that Smith was actually driving in excess of 60 mph without his siren on and the victim flung 40 feet after she was struck. Smith is on paid administrative leave as the investigation finishes, which is routine police procedure.
City Council's Budget and Finance Committee will hold its final scheduled meeting today, less than three weeks before the new mayor and council are sworn in on Dec. 1. The committee's agenda is fairly packed after council canceled so many meetings throughout September and October for election season, but most of the items are uncontroversial incentive packages that aim to bring jobs and develop more housing opportunities in the city.
The achievement gap between white and black students in Ohio grew in the past two years, according to the results from a series of tests known as "the Nation's Report Card" from the National Assessment of Educational Progress. Chad Aldis, the vice president for Ohio policy and advocacy at the Fordham Institute, told StateImpact Ohio the results are disappointing because the achievement gap between black and white students in Ohio was already way too big and above the national average in math and English, the two categories in which the gap widened. Overall, Ohio's students ranked slightly above the national average in all areas but showed no significant improvement since 2011. Aldis says Ohio's adoption of Common Core standards, a set of stricter expectations for students embraced by 45 states, should help challenge students and lead to improvement.
Here is an interactive map of marijuana seizures in Ohio this year, which were down from a record high in 2010. Some experts say marijuana and other drugs should be legalized following the failure of the decades-long war on drugs to seriously curtail supply and demand, as CityBeat covered in further detail here.
Mayor-elect John Cranley on Thursday at 9:30 a.m. will answer questions from readers and the editorial board at The Cincinnati Enquirer.
The two chairmen of the Hamilton County Democratic Party and Republican Party will on Nov. 21 switch roles and argue the other side's position on alleged voter fraud as part of the "Beyond Civility" debate series. The initiative seeks to bring public officials together in a less partisan environment.
The Cincinnati area's most prominent white-collar crime case will start hearings in December after a jury is picked by the end of the month in the trial of Matt Daniels, the former Kenwood Towne Place developer who's accused of various charges of fraud. Daniels' attorney talked to the Business Courier here.
Ohio homeschoolers can now join public schools' sports teams.
President Barack Obama will stop in Ohio on Thursday to discuss U.S. manufacturing.
Boy choirs are having a more difficult time filling roles as boys hit puberty earlier.
As of Friday, Cincinnati’s winter shelter still needs $43,000 out of the $75,000 required to open from late December through February. That means hundreds of homeless people could be left out in the cold — literally — for at least a month longer than usual if the shelter doesn’t get more donations. According to Spring, the goal each night is to shelter 91 people, although the number can fluctuate depending on the circumstances. For its run between late 2012 and early 2013, the winter shelter housed roughly 600 people, or about $125 a person. Anyone can donate to the winter shelter — and Drop Inn Center — at tinyurl.com/WinterShelterCincinnati. To contribute specifically to the winter shelter, type in “winter shelter” in the text box below “Designation (Optional).”
Officials involved with the $133 million streetcar project are considering around-the-clock work for certain days to speed up delivery of rail and minimize disruptions at busy streets around Over-the-Rhine. The third shifts would reduce the time needed to deliver and install rails around Findlay Market and Liberty Street from one week to a couple days at each location, which would allow the city to avoid closing down surrounding streets beyond a weekend or Monday and Tuesday, according to project executive John Deatrick. He says the extra work is absolutely not related to recent discussions about canceling the project.
The new school funding formula approved by Republican Gov. John Kasich and the Republican-controlled General Assembly means high-minority schools get less state aid than schools with less diversity. Southwest Ohio’s 10 most diverse school districts will average $3,837 in state aid per student, while the 10 least diverse districts will average $4,027 per student. The finding is just the latest controversy for a school funding formula that is supposed to make state aid to schools more equitable. CityBeat covered some of the prior concerns in further detail here.
Despite Mayor-elect John Cranley’s insistence that the streetcar conversation “is over,” The Cincinnati Enquirer continues getting messages in support of the project. Supporters of the streetcar plan to launch a campaign this week to lobby council members and Cranley to back the project. The campaign will begin on Thursday with a town hall-style meeting particularly aimed at stakeholders along the streetcar route. The location and specific time should be announced later today or tomorrow.
Still, as Chris Wetterich of The Business Courier writes, it is unlikely Cranley will break his promise on the streetcar.
That means it might be up to the three swing votes on City Council —
P.G. Sittenfeld, David Mann and Kevin Flynn — or a referendum to save the project.
The Cincinnati/Northern Kentucky International Airport spent nearly $120,000 since July on coaching and job evaluation services for its board and CEO, according to The Cincinnati Enquirer. That’s on top of the $140,000 the board spent on travel, conferences and expensive dinners since 2011. Following the disclosures, local leaders have called for leadership changes at the board.
Cincinnati-area businesses only have until Nov. 15 to garner enough votes to enter into a competition hosted by Chase Bank that will divide $3 million among 12 small businesses across the country.
The Greater Cincinnati Port Authority’s expansion plans already received approval from Hamilton, Brown, Adams, Scioto and Boone counties. The plan expands the Port Authority’s boundaries from 26 miles to 205 miles along the Ohio River, which the Port says will make the agency more attractive to businesses.
At least 41 percent of 1,600 new apartments in and near downtown are receiving aid from the city of Cincinnati. City officials say the aid helps continue Cincinnati’s economic momentum and urban revitalization. But critics say more aid should go to low-income housing and other Cincinnati neighborhoods.
Virtual Community School of Ohio, an online charter school, didn’t follow rules for educating students with disabilities. CityBeat covered online schools and the controversy surrounding them in further detail here.
Ohio gas prices are down 17 cents per gallon this week.
Cranley has inspired some interesting parody accounts on Twitter.
As if they weren’t terrifying enough, drug-resistant “superbugs” can show up in animals.
Cincinnati’s winter shelter for the homeless might not be able to open until mid-January if it doesn’t get more contributions, says Josh Spring, executive director of the Greater Cincinnati Homeless Coalition.
That means hundreds of homeless people could be left out in the cold — literally — for at least a month longer than usual if the shelter doesn’t get more donations.
Spring says the winter shelter is currently looking at roughly $32,000 in donations if the Hamilton County Sheriff’s Office gives $5,000 as previously promised. The city also plans to give a contribution, but it’s looking like they’ll give less this year than they have in the past, according to Spring.
The $32,000 is far short of the $75,000 necessary to keep the shelter open for roughly two months — from late December through the end of February.
“It’s a bit of a precarious place to be at in November,” Spring says. “For regular folks out there and companies that want to invest in people not freezing to death or losing their appendages to frostbite, it’s definitely time to give.”
According to Spring, the goal each night is to shelter 91
people, although the number fluctuates depending on the circumstances of any
given night. But the shelter ultimately services hundreds of homeless while
it’s open as some people improve their situation and additional numbers fall into homelessness.
For its run between late 2012 and early 2013, the winter shelter housed roughly 600 people.
“It’s a relatively cheap program to run,” Spring claims. “To serve about 600 people with $75,000 is pretty good.”
The shelter is put together by the Greater Cincinnati Homeless Coalition, Drop Inn Center, Strategies to End Homelessness, Society of St. Vincent De Paul and Metropolitan Area Religious Coalition of Cincinnati. It’s supported largely by private contributions.
“When we started doing this three years ago, it was sort of a new thing,” Spring explains. “It’s not so new anymore, which makes bringing in dollars more difficult. But the need hasn’t changed.”
Anyone can donate to the winter shelter — and Drop Inn Center — at tinyurl.com/WinterShelterCincinnati. To contribute specifically to the winter shelter, type in “winter shelter” in the text box below “Designation (Optional).”
Officials working on the $133 million streetcar project are considering taking up extra shifts to speed up delivery of new rail and minimize disruptions caused by construction, project executive John Deatrick told CityBeat on Friday.
If it goes as planned, the extra shifts would reduce the time needed to deliver and install rails around Findlay Market and Liberty Street from one week to a couple days at each location. That would allow the city to avoid closing down surrounding streets for more than a weekend or a Monday and Tuesday, according to Deatrick.
“The main reason isn’t to speed it up,” he says. “The main reason is it would minimize the impact on the motoring public, walking public and biking public.”
Deatrick insists the move is absolutely not related to recent election results that have called the project’s survival into question.
One of Mayor-elect John Cranley’s top priorities upon taking office in December is canceling the streetcar project, which he says isn’t worth the cost and the wrong priority for Cincinnati. He says the outgoing city administration is continuing construction of the streetcar in “a political manner” and running up the bill to make canceling the project more difficult.
But Deatrick claims the 24-hour shifts won’t add much in the way of new costs. He says contractors currently bill the city about $1.5 million each month and that should continue into the future.
As of September, the city had already spent $23 million and contractually obligated another $94 million to the project. The obligations, along with the threat of litigation from contractors involved in the project and taxpayers and businesses along the streetcar track, have raised concerns about how much canceling the project would cost — and whether it’s even financially prudent at this point.
A small group of Over-the-Rhine homeowners is preparing for a possible lawsuit and other actions should Mayor-elect John Cranley try to cancel the $133 million streetcar project. Ryan Messer says the fight is about protecting his family’s investment along the streetcar route. Streetcar supporters plan to host a town hall-style meeting in the coming weeks to discuss possible actions to keep the project on track, including a referendum effort on any legislation that halts construction of the ongoing project. While Cranley says canceling the streetcar is at the top of the agenda, questions remain about how much it would cost to cancel the project, as CityBeat covered in further detail here and here.
As Cincinnati debates canceling the streetcar project, the Ohio Department of Transportation (ODOT) is evaluating transit systems around the state to encourage more efficiency and cost effectiveness. The agency is particularly focused on how different transit services are dealing with rising demand and shrinking budgets. But if that’s the case, ODOT might carry some of the blame: When Gov. John Kasich took office, ODOT’s Transportation Review Advisory Council pulled $52 million from the Cincinnati streetcar project despite previously scoring the streetcar the highest among Ohio’s transportation projects. The Kasich administration also refused $400 million in federal funding for a statewide passenger light rail system, and the money ended up going to California and other states that took on light rail projects.
Cranley’s other major campaign promise is to stop the city’s plan to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority, but the Port intends to finalize the lease by the end of the month — before Cranley takes office in December — by selling bonds that will finance the deal. The outgoing city administration pushed the parking plan through City Council in a matter of months for an upfront payment of $92 million. But following unsuccessful litigation and a due diligence process, the Port Authority cut the payment to $85 million, and the city is now responsible for paying $14-$15 million to build a new parking garage that the Port was originally supposed to finance under the deal. Cranley and other opponents of the parking plan say it gives up too much control over the city’s parking assets, while supporters argue it’s necessary to modernize the assets and help fund economic development projects.
Several of Cincinnati’s power brokers and building owners are working on a plan that would create a retail corridor in the city’s center and hopefully keep Saks Fifth Avenue in the city. Some of the efforts apparently involve financial incentives from the city, according to details provided to the Business Courier.
In the past decade, Ohio students have shown limited improvement in reading and math scores.
The Cincinnati area could become the largest metropolitan area without an abortion clinic following new regulations imposed by the state budget signed into law in June by Gov. Kasich and the Republican-controlled legislature. CityBeat covered the regulations and the rest of the state budget in further detail here.
The Hamilton County Association of Chiefs of Police released a report outlining stricter guidelines for Taser use. Attorney Al Gerhardstein, who has led lawsuits on behalf of families who lost loved ones after they were Tased, told WVXU he’s encouraged by the report, but he said he would also require annual tests of the devices and a ban on chest shots.
The Cincinnati branch of the Council on American-Islamic Relations is filing a federal complaint against the DHL Global Mail facility in Hebron, Ky., after DHL allegedly fired 24 of its employees on Oct. 9 in a dispute over prayer breaks.
Cincinnati’s Horseshoe Casino reported $18.2 million in gross revenue in October, down from $19.8 million in September. The revenue reduction also cost Cincinnati’s casino the No. 1 spot, which is now held by Cleveland’s Horseshoe Casino. For Cincinnati and Ohio, the drop means lower tax revenue.
The Cincinnati Gay and Lesbian Center plans to close its physical space, but it’s sticking around as a virtual organization and will continue hosting Pride Night at Kings Island. A letter from the center’s board of directors stated that the transition was based on a need to “evolve with the times.”
The U.S. Senate passed a bill that would ban discrimination against gay and transgendered workers, but the bill’s chances are grim in the U.S. House of Representatives. Both Ohio senators — Democrat Sherrod Brown and Republican Rob Portman — voted in favor of the Senate bill. CityBeat previously covered efforts in Ohio to pass workplace protections for LGBT individuals here.
Watch a homeless veteran’s aesthetic transformation, which apparently helped push his life forward:
The popular video of a baby’s reaction to his singing mom might actually show conflicting feelings of fear and sociality, not sentimentality.
In two days, the physical space that's housed Cincinnati's Gay and Lesbian Community Center for the past 20 years will be vacant, but the organization won't disappear entirely.
Instead, the Center will become a completely virtual informational resource for the region's LGBT community and act as a funding resource for other Cincinnati organizations.
The Center could not be immediately reached for comment on the closure.
A letter from the board of directors sent out on Oct. 28 announced that the decision to close was based on a need to "evolve with the times." The letter states that the organization will continue to answer emails and voicemails and maintain its popular annual fundraiser, Pride Night at Kings Island, and that the board is working on selecting a public location to hold annual meetings.
Pride Night at Kings Island, which has consistently been the Center's most profitable and popular fundraising effort, brought out record crowds this year.
The private, nonprofit volunteer-run foundation, which has been located in Northside for the past 20 years, uses its profits to provide grant to other Cincinnati-area LGBT groups. The organization's first grant for 2014 will provide Cincinnati Pride with $5,000 to expand promotions for Cincinnati Gay Pride on May 31, 2014, and for the city's celebration of Pride Month, which runs through June.
While Cincinnati’s $133 million streetcar project remains in limbo, the Ohio Department of Transportation (ODOT) is taking a deep look at the state’s existing transit systems to encourage more efficiency and cost effectiveness.
Specifically, ODOT says the “Ohio Statewide Transit Needs Study” is necessary to evaluate the performance of different transit systems around the state as demand grows and budgets shrink.
“Travel trends show that there is a definite rise in the need for convenient, affordable public transportation to jobs, medical appointments, shopping and recreational activities. Our transit agencies are struggling to fund this existing service, let alone meet the increased demand,” ODOT’s website states.
Starting the last week of October, ODOT began sending out rider surveys to people who use transit services to collect their thoughts on current services and input on possible improvements. The surveys are being conducted with the help of 61 transit agencies around Ohio, and ODOT expects to complete them in mid-November.
“The rider survey is just the first step of our public outreach and technical effort,” said Marianne Freed, administrator of ODOT’s Office of Transit, in a statement. “Our goal is to evaluate the unique transportation needs for communities statewide, whether it’s a large city or a rural county.”
The ultimate goal, according to ODOT, is “to develop a long-term strategy to determine how to best stretch limited dollars while meeting the demands of Ohio’s riders today and in the future.”
ODOT will release the study’s findings at www.TransitNeedsStudy.ohio.gov.
If ODOT does find inadequate budgets for rising demand, the agency also might find itself partly culpable.
It was ODOT’s Transportation Review Advisory Council that pulled $52 million in federal funding from the streetcar project once Gov. John Kasich came into office, even though the project previously received the highest score among transportation projects in the state. The massive cut forced local officials to scale back the original streetcar line and seek other federal funds.
Kasich also declined $400 million in federal funds for the 3C passenger rail line, which would have connected Cincinnati, Dayton, Columbus and Cleveland. The federal funds ended up going to California and other states that embraced light rail, The Plain Dealer previously reported.
ODOT’s study also arrives as Cincinnati debates its own transit needs. On Tuesday, the city elected a mayor and City Council majority that opposes to the ongoing streetcar project.
If the streetcar project is canceled, it wouldn’t be the first time Cincinnati gave up on a new transit system in the middle of construction. The city also pulled out of building a subway system in the 1920s. The defunct subway tunnels now serve as a tourist attraction.
The subway failure and political threats to the streetcar project are two of the reasons Urbanophile, a national urbanist blog, described Cincinnati’s culture as “one of smug self-regard and self-sabotage” in a blog post on Thursday.
At a press conference on Wednesday, Mayor-elect John Cranley denied that Cincinnati holds an anti-transit mentality. Cranley pointed out that local voters in the 1970s decided to increase their earnings tax to support the Metro bus system. He says it comes down to weighing the costs and benefits.