Since the Watergate-era, Ohio has had a panel with authority to penalize those who deliberately disseminate false information during elections. Cincinnati’s conservative anti-tax group COAST — which has been outspoken against the streetcar project — has chafed that it might someday run afoul of the Ohio Elections Commission for spouting off. COAST sees the Election Commission’s job of policing political discourse as creating a government-controlled censorship panel. It asked: How could anybody in Columbus have the power to decide what is true and false in political advertising? Free speech should trump the Election Commission’s power to zip lips, or levy penalties over false statements.
So COAST went to court and filed a challenge last year that asked a U.S. court in Cincinnati for an injunction putting the Ohio Elections Commission on ice. Last week, U.S. District Judge Michael R. Barrett (a former chairman of the Hamilton County Republican Party) tossed the COAST case out of court.
Barrett agreed with COAST that the back-and-forth of political speech is an important right. But he declared COAST had not shown its ability to make provocative statements had been damped, or “chilled,” by the existence of the Ohio Elections Commission. The lawsuit is styled COAST Candidates PAC, et al v. Ohio Elections Commission, el al, Case No. 1:11cv775, U.S. District Court, Southern District of Ohio.
Barrett said that if COAST had admitted it planned to lie it might have a better case. He wrote: “Plaintiffs responded that while they do not intend to engage in false speech, their speech has been chilled out of fear that any provocative statement might be challenged as false by political opponents. ... Plaintiffs have failed to demonstrate something ‘more' than a subjective allegation of chill in this case.”
Barrett said there was no proof of actual or imminent harm. In other words, nobody had tried to make COAST shut up. Barrett wrote off COAST’s worries as veering into sheer fantasy.
would need to make some statement in the future, then Cincinnatians for
Progress, or some other group or individual, would need to file a
groundless complaint against plaintiffs and defendants would then fail
to follow the provisions in Section 3517.22. The scenario is far too speculative.”
The legal battle started last fall over the streetcar referendum and 20 different COAST-linked tweets against the project. One said the Cincinnati Fire Department had been browned out because city money had been used to “pay for streetcar boondoggle.” When streetcar backers filed a complaint with the Ohio Elections Commission last year, the panel cleared COAST. After citizens voted to continue the streetcar project, COAST said they were under ongoing threat of being hauled before the state commission and filed the federal lawsuit.
The challenged state law against political lies says nobody can, “post,
publish, circulate, distribute or otherwise disseminate, a false
statement, either knowing the same to be false or acting with reckless
disregard of whether it was false or not, that is designed to promote
the adoption or defeat of any ballot proposition or issue.”
And it is still on the books.
State Auditor Dave Yost released an audit today looking at Value Learning and Teaching (VLT) Academy’s 2010-2011 school year, and the findings are not pretty. The charter school, which is located in downtown Cincinnati, was found to be potentially overpaying in multiple instances — including potential conflicts of interest.
“Those who are entrusted with taxpayer dollars must take special care and spend them wisely,” Yost said in a statement. “This school appears to have management issues that must be addressed quickly.”
In a potential conflict of interest, the school paid Echole Harris, daughter of the school’s superintendent, $82,000 during the school year and $17,000 for a summer contract for the position of EMIS coordinator, who helps provide data from VLT Academy to the state. Mysteriously, the school did not disclose the summer contract in its financial statements. The school says the superintendent abstained from all decisions related to Harris and presented the summer contract to the school board. Still, Yost referred the situation to the Ohio Ethics Commission.
The audit also criticized VLT Academy for approving a $249,000 bid for janitorial services that were owned and provided by a school employee. The bid was the most expensive among other offers ranging between $82,000 and $135,600. According to the school’s own minutes, “Each company states that they can deliver a work product that will meet or exceed the standards provided in our checklist,” adding little justification to the high payment and potential conflict of interest. The school insists its pick was the best qualified because it offered additional services. The bid approval was also referred to the Ohio Ethics Commission.
The school was found to be overpaying its IT director as
well. Keenan Cooke’s salary for the 2010-2011 school year was supposed to
be $55,000, but the school overpaid him by $3,333 with no record of
intent. The state asked for Cooke and Judy McConnell, VLT Academy’s
fiscal officer, to return the excess payment to the state. The school acknowledged McConnell's responsibility.
To make the potentially excess payments worse, VLT Academy had a net asset deficiency of $412,754 as of June 30, 2011, according to the audit. The school promised the auditor it will cut costs and find revenue generators to make up for the loss.
A pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.
The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.
Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.
U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.
On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.
Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.
“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”
But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.
The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.
It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.
If an appeal is pursued, the county could be at risk of paying much more. A lengthy appeal process could easily double what’s been spent so far, legal experts said.
The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.
Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.
“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”
Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.
“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.
Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.
Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.
Never piss off the proletariat.
Upset about his low pay and dismal working conditions, a worker at one of Facebook’s Third World contractors has leaked the social media site’s ultra-secret document about what type of content it censors.
Amine Derkaoui, a 21-year-old Moroccan man, worked for an outsourcing firm last year that scanned Facebook members’ pages for banned content. Given Facebook’s profitability, Derkaoui became angry about its stinginess with workers.
As a result, Derkaoui gave a copy of Facebook’s internal guidelines about what content it will delete to Gawker, a top Internet gossip site.
Some of the forbidden items are obvious like racial slurs, depictions of human or animal mutilation, photographs or cartoons of sexual activity, violent speech and content that organizes or promotes illegal activity.
But some of the other verboten items are more unusual, if not downright strange.
For example, naked “private parts” including female nipple bulges and butt cracks are forbidden, but male nipples are allowed. The list specifically mentions “mothers breastfeeding” as unacceptable.
Also, most depictions of bodily fluids are unacceptable, but not all. It lists “urine, feces, vomit, semen, pus and ear wax" as unacceptable (yes, ear wax). But, it helpfully notes, “cartoon feces, urine and spit are OK; real and cartoon snot is OK.” Well, that's good to know.
Other items subject to deletion include cartoon nudity, images of internal organs, bones, muscles, tendons and “deep flesh wounds,” along with “blatant (obvious) depiction of camel toes and moose knuckles.” (Confession: I had to Google “moose knuckle” to know what that meant.)
Images of “crushed heads, limbs, etc. are OK,” however, as long as “no insides are showing” and the person posting them doesn’t express delight or gratification.
Moreover, all criticism of Ataturk, the founder of the nation of Turkey, along with images depicting the burning of Turkish flags are forbidden. It’s believed this restriction is due to certain European laws that, if violated, could cause the site to be blocked in Turkey.
The 17-page manual includes a one-page “cheat sheet” so workers can quickly reference it when making decisions about what to delete.
Gawker said Derkaoui found his job through the outsourcing firm oDesk, which provides content moderation services for Facebook and Google. About 50 people across the globe — mostly in Turkey, the Philippines, Mexico and India — work to moderate Facebook content. They work from home in four-hour shifts and earn $1 per hour plus commissions.
"It's humiliating. They are just exploiting the Third World," Derkaoui told Gawker.
A longtime campaign consultant has decided to jump into politics himself. Jeff Cramerding announced today that he will seek the Democratic nomination to run for Hamilton County treasurer next year.
Cramerding, 38, of Price Hill, is a local attorney who has served as a consultant to numerous area politicians, mostly Democrats and Charterites. They include Denise Driehaus, David Pepper, Jody Luebbers and Chris Bortz.
Limitations imposed by Ohio lawmakers who oppose the Affordable Care Act (“Obamacare”) have forced Cincinnati Children’s Hospital Medical Center to give up a $124,419 federal grant that would have gone toward helping uninsured Ohioans navigate new online marketplaces for health insurance.
Specifically, the state law, which Gov. John Kasich signed on April 30 and went into effect on July 30, excludes any organization that receives payments from a health care payer, such as an insurance company, from being designated as a “navigator.”
The designation is necessary for Cincinnati Children’s Hospital to receive the federal grant, which is part of national outreach efforts to enroll as many Americans, especially young adults, into Obamacare’s online marketplaces when they open for enrollment on Oct. 1.
Without the designation, Cincinnati Children’s Hospital was forced to give up the federal money, Cincinnati Children’s Hospital spokesperson Terry Loftus told CityBeat.
State legislators passed the restrictions to clarify regulations on navigators that avoid potential abuses and conflicts of interest.
But Obamacare’s supporters claim the state law is part of a nationwide effort from state and federal Republicans to make Obamacare more difficult to implement.
The federal government intends to sign up 7 million people into Obamacare’s online marketplaces, but 2.7 million have to be young adults to keep costs low. Otherwise, older, less healthy Americans will fill up the marketplaces, exhaust health services and drive up costs.
Supporters of Obamacare acknowledge that signing up so many young adults will be difficult, so they’ve taken to national and state-by-state education campaigns that tell young adults about the benefits and cost savings made available through the president’s signature health care law. These campaigns are being headed by various organizations that have been dubbed “navigators.”
But opponents, particularly Republicans, are preventing some of the efforts by investigating navigators and passing legislation in state governments that limits what navigators can do and who can be classified as a navigator.
Most recently, Republicans in the U.S. House Energy and Commerce Committee sent a letter to groups participating in the navigator program with a series of accusations and questions.
“This is a blatant and shameful attempt to intimidate groups who will be working to inform Americans about their new health insurance options and help them enroll in coverage, just like Medicare counselors have been doing for years,” Erin Shields Britt, spokesperson for the U.S. Department of Health and Human Services, told The Hill.
For the uninsured, not knowing about the online marketplaces could mean losing out on opportunities to obtain health insurance at lower costs. Recent reports have found that Obamacare’s online marketplaces and tax subsidies will lower costs for Ohioans in the individual health care market.
An Aug. 29 study from the RAND Corporation, a reputable think tank, found health care premiums will rise to an average of $5,312 under Obamacare in 2016. Without the law, premiums would reach an average of $3,973 that year. But when Obamacare’s tax credits are plugged in, the average Ohioan will only pay a premium of $3,131 — $842 less than he or she would pay without the law.
Avik Roy, a conservative health care economist and prominent critic of Obamacare, found even better results for Ohio. His model found premiums will drop by 30 percent in Ohio, although they’ll rise by 24 percent on average for 13 states, including Ohio, and the District of Columbia as a whole. Unlike RAND, Roy’s calculations don’t take subsidies into account, so the final cost for the average Ohioan is likely much lower.
The numbers only apply to Ohioans in the individual health insurance market. Under Obamacare, individuals will be able to enroll for health insurance through an online marketplace. The majority of Americans who get health insurance through their employers or public programs fall under different rules and regulations.
It’s unclear how much Republican opposition will ultimately play into the numbers. But for Cincinnati Children’s Hospital, it means $124,419 less to help its neediest, less knowledgeable patients.
“The Jim Henson Company has celebrated and embraced diversity and inclusiveness for over fifty years and we have notified Chick-Fil-A that we do not wish to partner with them on any future endeavors,” the company said in the statement.
The statement went on to announce the company, under the order of CEO Lisa Henson, will be donating payments received from Chick-Fil-A to the Gay & Lesbian Alliance Against Defamation (GLAAD), one of the biggest pro-gay-rights groups in the country.
The news comes after a week of scrutiny following company president Dan Cathy’s declaration that he is against gay marriage. Politicians piled on to the news. Same-sex marriage opponents praised the company for its stance, while prominent Democrats and Republicans criticized Chick-Fil-A for the position.
The company has long held an anti-gay stance. It has publicly supported and funded anti-gay groups, and the company was reported to be co-sponsoring a marriage conference with the anti-gay group Pennsylvania Family Institute last year.
Chick-Fil-A has also been known for promoting fundamentalist Christian values. Founder Samuel Truett Cathy has identified himself as a staunch Christian, and the chain’s restaurants close on Sundays to respect Christian values. Even the company’s corporate purpose statement invokes religion: “To glorify God by being a faithful steward of all that is entrusted to us."
The company has also been criticized for religious discrimination in the past. In 2002, a former Muslim employee sued the company because he claimed he was fired for not participating in a group prayer to Jesus Christ. The lawsuit was settled out of court for an undisclosed amount.
Jailing juveniles as a form of “rehabilitation” comes with an expensive price tag. More than money, the criminal justice system costs kids their rights and that state seems to be OK with that.