Cincinnati's only remaining daily newspaper is considering moving its printing operation to Columbus and reducing the size of its print publication.
The corporate owners of The Enquirer and The Columbus Dispatch have signed a letter of intent to have the Cincinnati and Northern Kentucky editions of the local paper printed at The Dispatch's production facility. If the deal is finalized, the switch would occur in the final quarter of 2012.
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.
America is a country at war. While the war in Iraq ostensibly drew down in December 2011, the United States has been quagmired in a war in Afghanistan for more than a decade.
But we're also in the midst of a number of other wars — cultural wars. It started with Nixon’s War on Drugs, then quickly escalated.
President Barack Obama’s environmental regulations on coal mining caused proponents to claim he had declared a War on Coal. The Affordable Care Act’s mandate that companies pay for employee contraception caused many faith groups to claim a War on Religion.
Statements from Republican politicians about “legitimate rape” and “binders full of women” caused some Democrats to claim the GOP had declared a War on Women.
And the ever-vigilant conspiracists news hounds at FOX News have exposed a scheme by Jesus-hating liberals to wage a War on Christmas for trying to remove constitutionally questionable dolled-up trees and pastoral scenes of babies in unsuitable barn-life cribbery faith-based displays from public property.
But by far the most heinous altercation being waged originated with Republican Ohio Senate President Tom Niehaus, who has declared a War on Babies.
As first reported by The Enquirer, conservative groups this week sent out a press release vilifying Niehaus for killing tons of babies in a mass effort to wipe out the state’s youth population a 17-month old bill that would give Ohio one of the strictest abortion laws in the nation.
Niehaus moved the so-called Heartbeat Bill — which would ban all abortions after the first detectable fetal heartbeat — from the Health Committee to the Rules and Reference Committee to avoid a forced vote on the legislation. He also removed staunch anti-abortion Senators Keith Faber and Shannon Jones from that committee.
“I’m shocked by Tom Niehaus’ war on pro-life women,” wrote Lori Viars in the news release. Viars is the vice president of Warren County Right to Life and vice chair of Warren County Republican Party.
Viars called for Republicans to remove Niehaus from Senate leadership. Niehaus is term-limited and will not continue on in office after this year.
Niehaus blamed Romney’s loss for his decision to kill the bill, saying that the Republican’s victory would have increased the likelihood of a U.S. Supreme Court lineup that would uphold it against a likely challenge.
Fox 19 on Nov. 9 apologized for an ignorant comment made by news anchor Tricia Macke on her personal Facebook page last month. Macke’s comment, “Rachel Maddow is such an angry young man,” sparked outrage among gay-rights organizations for its depiction of MSNBC’s openly gay broadcaster as a man.
According to screen shots published by the Gay & Lesbian Alliance Against Defamation (GLAAD), Macke appeared to have missed the point when called out by a commenter for targeting Maddow’s sexual identity. Macke wrote, “you are right… I should have said antagonistic” but then told another commenter, “I knew what I was saying.”
GLAAD wrote: “Tricia Macke undoubtedly tried to insult Maddow because of their political differences, rather than simply because Maddow is gay — but her comments went much further than insulting Maddow's political leanings, and took issue with Maddow's gender, revealing an anti-gay (or at least anti-gender-nonconforming?) bias underlying her political beliefs.”
Fox 19 posted its apology along with a statement from Macke describing her comment as insensitive and inappropriate. Macke wrote: “I apologize to Ms. Maddow and any others who may have been offended by my comments, as they do not reflect my firm beliefs in individual and equal rights, and they certainly do not represent the opinions or position of my employer WXIX-TV."
Maddow, an openly gay MSNBC political analyst, is one of America’s highest-profile news personalities. She’s also a Stanford graduate with a doctorate in political science from Oxford University, where she was a Rhodes Scholar.
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.
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.
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.
Private prison critics have been proven right once again. Smuggling incidents are on the rise around Lake Erie Correctional Institution, which Ohio sold to the Corrections Corporation of America (CCA) in 2011.
In a letter to Gov. John Kasich’s northeast Ohio liaison, Conneaut Councilman Neil LaRusch claimed a rise in contraband smuggling has forced local police to increase security around the CCA facility.
Since the end of 2012, four have been arrested and charged with smuggling. Another four were arrested Monday and police suspect they were in Conneaut for a smuggling job. According to the Star Beacon, the four suspects arrested Monday were only caught due to the increased police presence outside the Lake Erie prison.
LaRusch said Conneaut and its police department are already running tight budgets, and they can’t afford to continue padding prison security. He then asked the state and governor to help out with the situation.
The letter prompted a reaction from the American Civil Liberties Union of Ohio (ACLU), which has staunchly opposed prison privatization in the state. In a statement, Mike Brickner, director of communications and public policy for the ACLU, said, “Unfortunately, this is a predictable pattern with private prisons. Promises of lower costs quickly morph into higher crime, increased burdens on local law enforcement, and in the end, a higher bill for taxpayers.”
He added, “This is not an anomaly. It is a predictable pattern. The private prison model is built on profit above all else. These facilities will cut corners and shift responsibility to taxpayers wherever necessary to maximize profits.”
The governor’s office and Ohio Department of Rehabilitation and Correction (ODRC) could not be immediately reached for comment. This story will be updated if a response becomes available.
Update (5:00 p.m.): Col. John Born, superintendent of the Ohio State Highway Patrol, responded to the councilman's letter. In his own letter, Born doesn't contradict that there's a rise in drug smuggling, but he gives the issue more context.
Born wrote criminal incidents at the Lake Erie prison have actually decreased. He acknowledges drug smuggling cases went up from four in 2011 to seven in 2012, but he says drug cases have gone down at the prison since 2010.
He also claims seven other state prisons have seen a greater rise in drug smuggling. Born frames the issue in a national context: “Unfortunately, despite best efforts, the national problem of illegal drug usage and drug trafficking continues to plague our nation.”
Regarding state assistance, Born wrote the Ohio State Highway Patrol does not have the authority to strengthen security in order to directly prevent drug smuggling: “It is important to point out the Ohio State Highway Patrol's legal authority and corresponding duties prior to the sale of the prison and after the sale remain largely unchanged. Ohio troopers did not have original jurisdiction on private property off institution grounds while under state operations nor do they today.”
He adds the Ohio State Highway Patrol has already deployed more cruisers at the prison, but he believes local law enforcement are still the best option for responding to incidents.
JoEllen Smith, spokesperson for ODRC, wrote in an email, “DRC will be in communication with the parties involved to ensure any remaining concerns are addressed.”
CityBeat previously covered private prisons in-depth (“Liberty for Sale,” issue of Sept. 19). Within a week of the story going to stands, ODRC Director Gary Mohr said the state would not privatize any more prisons. On the same day of his announcement, Mohr apparently received an audit that found the CCA facility was only meeting 66.7 percent of state standards (“Prison Privatization Blues,” issue of Oct. 10).