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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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.
Protesting illegal firings, low wages and erratic scheduling, Walmart workers are taking a stand this afternoon in Cincinnati by walking off their jobs.
Workers will protest outside the Walmart on Ferguson Road at 4:30 p.m. this afternoon with Hamilton County Commissioner Todd Portune, according to a press release sent out this morning.
Today’s strike is part of a larger strike movement happening in 20 cities across the country this week, leading up to the annual shareholder meeting.
The meeting is this Friday and hundreds of worker shareholders are making the trip to Arkansas as part of a union-backed workers group called OUR Walmart. They plan to request a living wage and family-sustaining jobs, calling for the new CEO Doug McMillion to “take the company in a new direction,” the press release said.
A typical Walmart worker is paid less than $25,000 a year. According to the Bureau of Labor Statistics, the average retail worker makes only $21,000 per year and cashiers even less.
Walmart employees say they have to rely on food stamps while their company received $7.8 billion in tax breaks and subsidies in 2013.
OUR Walmart advocates for a $25,000 base salary for all employees.
“A minimum $25,000 salary at Walmart would not only help families, it would boost job creation, consumer spending, and the company’s bottom-line,” the press release said.
The major employer is currently on trial for worker rights violations involving firing workers who went on strike last year at the company’s annual shareholder meeting.
The country’s largest and most profitable corporation is also tightening its belt; Walmart took $740 million out of its cost structure in the past year because its operating income grew faster than sales.
Walmart has had to make some changes lately in response to worker’s claims.
In March, the pregnancy policy was updated after an OUR Walmart campaign, allowing for more accommodations for pregnant women.
In April, the retailer changed its internal scheduling system, making it easier for part-time workers to pick up extra shifts online.
All right. It's morning, it's nasty out, and it's only Wednesday. Let's do this news thing because we've all already uploaded five pics of those ominous clouds to Instagram and doing actual work is hard.
A bill the Ohio House took up yesterday would make it illegal for insurance to cover abortions. House Bill 351, sponsored by State Rep. John Becker, a Republican representing Cincinnati’s suburbs, would ban any insurance coverage for abortion procedures, even in cases of rape or incest. The bill would also keep public employees or those receiving Medicaid from using their insurance to purchase certain kinds of birth control that keep fertilized eggs from maturing, which Becker says is tantamount to abortion.
“This is just my personal view,” Becker said of that scientifically dubious claim. “I’m not a medical doctor.” Just going to leave that quote right there for you to chew on.
• More questions are popping up about Cincinnati’s 2015 operating budget, which City Council is set to pass today. Concerns have emerged about $350,000 in blight removal funds directed last-minute Monday to Bond Hill’s Community Urban Redevelopment Corporation, The Enquirer reports. That’s a third of the money budgeted by the city for such work.
One possible way the corporation might use that money is by purchasing Integrity Hall, a banquet hall currently owned by Steve Reece. Reece has strong ties to Cranley, having done work for his mayoral campaign. His nonprofit, Operation Step-Up, also received a $3,700 donation from the campaign. In addition, Reece’s daughter, State Rep. Alicia Reece, endorsed Cranley’s campaign.
The connections between Reece and Cranley have raised questions from some council members. Councilman Chris Seelbach wondered Monday whether the money represents a “pet project.” Cranley says he has nothing to do with the allocation to Bond Hill and denies discussing the sale of Integrity Hall with Reece. Vice Mayor David Mann says there have been no decisions about what the money would be spent on. Reece hopes to sell his building to Bond Hill’s redevelopment corporation for around $335,000.
• Streetcar advocacy group Believe in Cincinnati met last night in Clifton to talk about expanding the streetcar into neighborhoods beyond OTR. About 80 people showed up at the meeting, which focused on uptown, other neighborhoods like Hyde Park and even interest in the streetcar across the river in Northern Kentucky. Ryan Messer, an organizer of the group, said Believe in Cincinnati wants to advocate for all kinds of transit and hopes to expand awareness and get people talking about the issue throughout the region.
Pete Witte, an advocate for transit going to the West Side, spoke about his efforts “in the lion’s den,” as Messer called the city’s western suburbs. Though transit expansion hasn’t been a popular there, Witte says there are a growing number of people there who want something like light rail or the streetcar as an option in the future.
Councilman Kevin Flynn also spoke, reminding the crowd about the realities of funding for streetcar expansion — that basically, the city has no money to pay for it now and that it will take a great amount of political will and support for the current phase of the project to make future expansions a reality.
• A University of Cincinnati professor is leading a group of students in drone research and development. So far, the group has made five of the hovering, eye-in-the-sky devices, including one with eight arms called Octorotor. The university is hooking up with the West Virginia Division of Forestry this fall to offer a co-op for students looking to push the boundaries of what drones can do while fighting forest fires. Next up, I hope: a drone that delivers pizza to my window at the CityBeat offices when it's storming and I don't want to leave the building.
• Archeologists in China have found the world’s oldest pants, because, you know, that’s what science does. The pants look suspiciously like something you might grab from an Urban Outfitters, with straight legs and a wide crotch that seem to make them direct ancestor of those dreadful drop-crotch skinny jeans Justin Bieber has taken to wearing. On the plus side, these things lasted 3,000 years. Meanwhile I can’t find a pair of jeans that doesn’t start fading and fraying after six months. They just don't make em like they used to, etc.
City council continued to tinker with the budget yesterday, shifting around a few items in an edge of your seat, five-plus hour thrill ride that was as riveting for me to watch as it would be for you to read about. Instead of giving you the play by play, though, because it’s probably too early for that much excitement, I’ll just hit you with the high points.
Under the changes approved yesterday, Cincinnati Works will get $250,000 for a jobs program on which Cranley campaigned, Bond Hilll will get $350,000 for blight removal and the Camp Washington pool will stay open.
Council passed the changes 6-3, with members Kevin Flynn, Chris Seelbach, and Yvette Simpson voting against due to some lingering concerns about the city’s pension fund.
Other issues still looming include a water rate hike and questions about $4 million the city owes eight neighborhoods. On that last issue, Councilman Charlie Winburn suggested the sale of the Blue Ash Airport could cover the borrowed money. Council may need to decide quickly, because a lawsuit hits court today over the city’s use of the money.
There is a public hearing tonight on the budget in Westwood, so you can still catch some of the action. Let’s get fiscal! Council is expected to take a final vote on the package tomorrow at its weekly meeting, though it has until June 30 to pass the budget.
The state could throw Cincinnati half a million dollars to help the city with hosting the 2015 Major League Baseball All Star Game. That money from taxpayers could be used for extra police, enhanced transit options and general beautification, according to The Enquirer. Though the money hasn’t been allocated yet, Gov. John Kasich has indicated he’s looking for ways to make it happen.
Elsewhere, Seattle just raised its minimum wage to $15 an hour, among the highest in the country. The city has yet to receive a predicted smiting from the economics gods, though no doubt it will soon turn into a hellish wasteland where fast food workers can actually afford to buy things like food and shelter without government assistance.
When even the National Rifle Association says your preoccupation with guns is “weird,” you know you’re in Texas. Open carry advocacy groups in the Lone Star state have gotten in hot water recently for toting their assault rifles into Chili’s and other fine dining establishments. AR15s and appletinis? What could go wrong?
Got news? Want to talk? Email nswartsell@citybeat or hit me on Twitter-- @nswartsell
Cincinnati is one step closer to joining nine other Ohio cities that have established domestic partner registries, which would open up more possibilities for equal employee benefits for same-sex couples.
A measure introduced by City Councilman Chris Seelbach to have the city set up the registry passed unanimously through the council’s Human Services Committee today. Mayor John Cranley and a majority of council have expressed support for the measure, and it seems likely to come up for a vote and pass during Wednesday's council meeting.
The registry, which would be run through the City Clerk’s office, would verify financial relationships between non-married domestic partners. The list would take a burden off employers, who currently have to independently verify financial relationships if they wish to provide equal benefits for partners of employees.
Couples would be required to show strong financial interdependency to qualify. Applicants to the registry would be eligible if they own joint property, have granted each other power of attorney, are named in each others’ will and meet other requirements.
Many large companies, as well as the city, already offer some form of domestic partner benefits. However, requirements can vary, and it’s expensive and time-consuming to set up criteria and then screen employees’ eligibility, especially for smaller employers.
The registry proposed for Cincinnati is based on one adopted by Columbus in 2012. It requires a $45 fee to register, which Seelbach says will pay for the program. If passed, Seelbach said the plan could be up and running in a few weeks.
Metro on May 29 announced plans to provide health and dental benefits to domestic partners of its employees, becoming the first employer to say it will utilize the registry once it passes.