The case of a
former Miami University student who pleaded guilty to disorderly
conduct for posting a “Top Ten Ways to Get Away with Rape” flier in a
dormitory bathroom just keeps getting more controversial.
The controversy began Nov. 8, when Butler County Area 1 Court Judge Robert Lyons took the guilty plea and ordered all record of the case — including the defendant’s name — sealed from public view. The MU police chief says he is bound by Lyons’ order and can’t release the name. The Butler County Prosecuting Attorney’s office did not object to the sealing of the file.
The Cincinnati Enquirer entered the picture six days later. It sued Lyons in the Ohio Supreme Court, saying he sealed the file without giving the newspaper a chance to argue for public access. In his answer — filed by the Prosecuting Attorney’s office on Dec. 13 — Lyons stood by his actions. Furthermore, he wrote that “there was no plea” in the case.
Now we know where that came from. On that very same day, the case was back in Lyons court for reconsideration. This time, prosecutors agreed to drop the charge, and Lyons ruled it so. And, once again, he sealed the file, and no one present objected. The Enquirer reported on the dismissal Wednesday.
Prosecuting Attorney Mike Gmoser won’t say why he agreed to dropping the charge until the Supreme Court case is over. “Save that question, and I will give you a full and detailed statement,” he told CityBeat. “I don’t try cases in the press.”
Gmoser said he is asking the Supreme Court to dismiss the Enquirer’s suit because the issue at hand is “moot.”
Area 1 Court Judge Robert Lyons ordered all case records sealed Nov. 8 after the student pleaded guilty to disorderly conduct and agreed to pay an undisclosed fine. Six days later the Cincinnati Enquirer sued Lyons in the Ohio Supreme Court, arguing that the case file is a public record.
Lyons, represented by Butler County Prosecuting Attorney Mike Gmoser, filed his answer Thursday. He denied violating the Enquirer’s claim of a constitutional right to a hearing where it could have argued against secrecy.
That Lyons is
standing his ground comes as no surprise, but his answer contains one
head-scratching statement. He — that is, Gmoser — wrote that “there was no
plea” in the case. Yet in a first-person account of the case in the Miami
University Student on Nov. 8, Gmoser
wrote that the defendant pleaded guilty. The court’s own schedule for Nov. 8
says the case was up for the entry of a guilty plea.
Robert Lyons, whose part-time job as the judge for Butler County Area I Court supplements his income as a practicing attorney, took the student’s guilty plea to disorderly conduct on Nov. 8. At the request of the young man’s lawyer, Dennis Deters, the judge ordered the case file and all printed references to the defendant’s name sealed from public view. The order extended to paperwork generated by the Miami University Police Department. In effect, other than the press coverage it received, all record that the crime was committed and the perpetrator was brought to justice doesn’t exist.
Six days later, the Cincinnati Enquirer filed suit against Lyons with the Ohio Supreme Court. It said Lyons erred by issuing a “blanket” seal of the case. It said he failed to “find by clear and convincing evidence that the presumption of public access is outweighed by a higher interest” and further failed to conduct a hearing where the Enquirer could argue for public access. The Enquirer didn't mention in its initial report on the plea deal an intent to sue over the sealing, and to date it hasn’t reported on its own lawsuit.
Lyons was given until Dec. 14 to file an answer. What’s weird is that Lyons is represented by Butler County’s Prosecuting Attorney, Mike Gmoser. In Ohio, the county prosecutor serves as legal counsel for county government, county agencies and school districts — and represents them in court — as standard practice. As a private practitioner, though, Lyons specializes in defending people accused of drunken driving. Guess who sits at the opposing counsel’s table in those cases? Yes, Gmoser’s deputy prosecutors.
Lyons’ unusual role as defender and decider of DWI cases drew umbrage from Gmoser in March. According to the Hamilton Journal-News, Lyons the judge was about to rule on a motion to disallow the results of an Intoxilyzer 8000 blood-alcohol testing device in a DWI case. Lyons the lawyer, meanwhile, had challenged the validity of the machine in other cases, and his firm ran seminars about its failings. At Gmoser’s request, a higher court judge in July ordered Lyons to step down from hearing 10 pending DWI cases.
Last Thursday, in his initial response to the Enquirer’s lawsuit to open the rape tipster’s court file, Lyons hinted at the possibility of not fighting the suit. He asked to have until Dec. 14 to file a full response “so as to give settlement discussions an opportunity to come to fruition.”
Mitt Romney’s big loss is finally getting to Ohio Republicans. Ohio Senate President Tom Niehaus made procedural moves to block the heartbeat bill from a vote before the end of the lame-duck session. Niehaus, a Republican, said his decision was largely influenced by Romney’s loss on Nov. 6. When the heartbeat bill was originally proposed, it was labeled the most radical anti-abortion bill in the country. It banned abortion as soon as a heartbeat was detected, which can happen six weeks into pregnancy. It made no exceptions for rape, incest or the health of the mother. CityBeat recently wrote about the GOP's renewed anti-abortion agenda, but if Republicans begin taking lessons from the most recent election, the renewed agenda will never come to light.
The Ohio House of Representatives approved Cincinnati’s tougher school report card standards. An early simulation of the proposed system in May showed Cincinnati Public Schools would drop from the second-best rating of “Effective” under the current system to a D-, with 23 schools flunking and Walnut Hills High School retaining its top mark with an A. The bill will also impose more regulations and oversight on charter schools. As part of the overall reform, the state is replacing its standardized tests, but some Democrats are worried the new tests and system will be too tough on schools.
Standard & Poor's is not optimistic about Cincinnati. The firm gave the city’s debt rating a negative outlook due to structural budget problems. City Manager Milton Dohoney Jr. says ratings firms are looking for spending cuts or revenue growth from Cincinnati to achieve structurally balanced budgets in the next two years, but Dohoney’s most recent budget proposal largely balances the deficit with a one-time source from privatizing parking services. On the other hand, pursuing austerity during a weak economic recovery is a bad idea.
The Cincinnati Fire Department says it doesn’t have enough personnel to man fire trucks. The problem is only getting worse as retirements increase, according to Fire Chief Richard Braun.
The University of Cincinnati’s campus was ranked among the most dangerous in the country.
Ohio has some of the lowest graduation rates in the Midwest. Low-income, black and Hispanic students are all much less likely to graduate than their wealthier and white peers.
Gov. John Kasich met with college and university leaders today to discuss higher education. After the meeting, Kasich and the leaders suggested attaching state funding to graduation rates, among other reforms.
It looks like Ohio’s financial institutions tax bill will make it through the Ohio Senate without major changes. The bill was already passed by the Ohio House. A memo from nonprofit research organization Policy Matters Ohio recommended making changes so the bill cuts tax loopholes without cutting rates on big banks. Zach Schiller, research director from Policy Matters, said in the memo, “Big banks aren’t better banks, as their role in the recent financial crisis made clear. It is questionable policy for the state to favor them with lower rates.”
It’s official: Cincinnati is “cougar capital of Ohio.”
Heart-lifting story of the day: A New York City cop helped a homeless person by buying him a pair of boots.
Has the modern art world lost touch with its audience?
NASA confirmed the presence of ice water on Mercury.
The Ohio Senate will not take up the heartbeat bill and a bill to defund Planned Parenthood in the lame-duck session. The heartbeat bill was called the most radical anti-abortion legislation in the country when it was first proposed. It sought to ban abortion after a heartbeat is detected, which can happen as early as six weeks into pregnancy. However, there have been some rumblings of bringing a new version of the heartbeat bill to the Ohio legislature, and recent moves by Ohio Republicans show a clear anti-abortion agenda. In a statement, Kellie Copeland of NARAL Pro-Choice Ohio cautioned the bills will come up again next year: “Make no mistake about it, the threat to women’s health may be delayed, but it remains. We fully expect anti-choice forces to reintroduce these dangerous attacks on women’s health when the legislature reconvenes in January.”
In a 4-3 ruling, the Ohio Supreme court upheld the state’s redistricting map. Democrats claimed the Ohio House and Senate districts were unconstitutional, while Republicans insisted the map was fine. The Republican-controlled government redrew the districts in a way that favors Republican candidates for public office. The Ohio Supreme Court is skewed heavily in favor of Republicans; six justices are Republicans, while only one is a Democrat.
Ohio high schools have a bit of work to do, according to federal data. Apparently, the state has worse graduation rates for blacks than all but five other states and the District of Columbia. Ohio did manage to improve its graduation rates by more than 2 percent over four years, as required by the federal program Race to the Top.
To avoid an estimated $18 billion in fuel and congestion costs, a coalition wants to speed up the Brent Spence Bridge project. If the Build Our New Bridge Now Coalition is successful, the project will begin in 2014 — four years ahead of schedule. But the organization is pushing a public-private relationship that would likely involve tolls, and Kentucky lawmakers oppose that idea.
Cincinnati and Hamilton County were picked to participate in a program that puts the long-term unemployed back to work. The program was originally started in southwest Connecticut in 2011 by WorkPlace with some success. It placed 70 percent of participants in jobs, with 90 percent moving to full-time employment.
Tourism is boosting Greater Cincinnati’s economy. An impact study from the Cincinnati USA Regional Tourism Network found tourism is responsible for one in 10 local jobs. Visitors to Cincinnati spent $4.1 billion in the area last year.
Another good sign for the economy: Personal income went up in Greater Cincinnati and nationwide. In Cincinnati, personal income went up by 4.6 percent in 2011, lower than the nationwide rise of 5.2 percent.
Unfortunately, Greater Cincinnati still has a lot of vacant homes. On Numbers ranked the area No. 31 out of 109 in terms of vacant homes.
The Cincinnati Police Department is encouraging fitness through intra-department competition.
The University of Cincinnati’s College of Design, Art, Architecture and Planning is one of the five best design schools in the world.
Councilman Chris Smitherman was re-elected to the presidency of the local chapter of the NAACP.
Seven AIDS activists protested nude in U.S. House Speaker John Boehner’s office yesterday. The protesters were part of ACT-UP, and they were protesting federal budget cuts to HIV programs that are set to kick in next year.
The bill regulating puppy mills passed the Ohio Senate. Animal advocates claim lax regulations and oversight have made Ohio a breeding ground for poor practices. CityBeat previously covered puppy mills and how they lead to Ohio’s dog auctions.
The Ohio inspector general released a report criticizing the Ohio Department of Job and Family Services (ODJFS) for mismanaging stimulus funds going to southwest Ohio. The findings echoed a lot of what was found in previous reports for other regions of the state.
The Earth’s core may have clues about our planet’s birth.
It’s official: Cincinnati’s budget proposal will arrive Nov. 26. The budget will seek to close a deficit estimated to be between $34 million and $40 million. Part of the budget plan was revealed when the city manager’s office suggested privatizing parking.
Despite the deficit the city is facing, City Council pushed forward a $21,000 raise and a one-time $35,000 bonus for City Manager Milton Dohoney in a 6-3 vote. It’s the first raise Dohoney is getting since 2007, but some are unhappy with the decision in light of the deficit, which could lead to job cuts. “The city manager is a good man, he is a hard worker, but to me this just feels out of touch with the economic reality that we are in right now,” Councilman P.G. Sittenfeld told Fox 19. “You don't give the highest paid employee in the city a raise, a significant raise, when you're facing a potentially huge budget deficit. Plus, you know, there's a very real possibility of layoffs.”
Ohio Republicans are pushing forward with HB 298, a bill that cuts funds to Planned Parenthood. The organization has become a popular target for Republicans because it provides abortions, but abortion services only make up 3 percent of what Planned Parenthood offers. The move is just one of many recent moves in the Republican agenda against abortion rights. They recently advocated renewing the heartbeat bill, and Gov. John Kasich recently appointed two anti-abortion advocates to government positions.
The Ohio House overwhelmingly approved a bill that will put large-scale puppy mills under more scrutiny with new state standards and yearly inspections. Animal rights activists have argued Ohio has become a haven for bad breeding practices due to lax laws and regulations. CityBeat previously covered the puppy mills issue and how it enables Ohio’s dog auctions.
But that’s not all the Ohio legislature got done. The Ohio House passed a bill that further regulates “pill mills” — doctors, pharmacies or clinics that distribute narcotics inappropriately or for non-medical reasons — and a bill that cracks down on “cyber stalking.” The Ohio Senate passed a bill that essentially lowers taxes for companies that increase payroll by 10 percent.
A new study highlighted the success of some Ohio schools, including Robert A. Taft Information Technology High School in Cincinnati. The research found the schools succeeded despite high poverty and tight budgets. The study indicated some key attributes of success: principals play pivotal roles, teachers and administrators are obviously engaged and invested, school leaders provide major incentives to teachers, data is used to measure progress and teachers and administrators do not see a lack of parent or community engagement as an insurmountable barrier to success. The report also made some recommendations: establish clear transitional protocols in case a principal leaves, engage teachers, hire teachers that are on-board with the school’s goals, leverage great reputations and celebrate success.
Hamilton County could issue securities to raise revenue. County commissioners are currently working on ways to close a $20 million deficit. The securities idea comes from Todd Portune, the lone Democrat on the Board of Commissioners.
The investigation into U Square worker payments is ongoing. A City Council committee wants to see if the workers are being paid what they are supposed to be paid. Under Ohio law, workers on city-funded projects must get a prevailing wage, which is equivalent to the wage earned by a union worker on a similar project. But City Solicitor John Curp argues developers do not have to pay prevailing wages for parts of the project that aren’t getting public funding. City Manager Dohoney also argued that overzealous requirements could drive businesses out of Cincinnati.
Despite the pleas of more than 500,000, it does not look like Cincinnati-based Macy’s will dump Donald Trump. The billionaire has gained recognition as a big-name Republican and “birther” — someone who ignores all facts to call into question President Barack Obama’s country of origin. Brian Williams, news anchor at NBC News, described Trump aptly during election night: “Donald Trump, who has driven well past the last exit to relevance and peered into something closer to irresponsible here, is tweeting tonight.”
Ohio Attorney General Mike DeWine is leading a new efforts to stop the use of synthetic drugs, including bath salts.
To fill a vacancy, a new interim chair has been named at the Ohio Board of Regents: Regent Vinny Gupta. He will be replacing James Tuschman, who successfully pushed a ban on smoking in Ohio’s college campuses. Gupta’s term will run through March 2013.
Meet the loneliest planet of them all. It’s an orphan that drifted away from its parent star.
One week after the major Democratic victories of Election Day, Ohio’s Republican legislators are pushing HB 298, a bill that will keep federal funds from Planned Parenthood. In a Health and Aging Committee hearing at today, Ohio Republicans voted to push the bill through committee and into the Ohio House of Representatives floor.
If the bill passes the Republican-controlled General Assembly and is signed by Gov. John Kasich, it will block $2 million in federal funding from Planned Parenthood and prioritize other family services. In the past few years, Planned Parenthood has become a popular target for Republicans because the organization provides abortion services. But that’s not all Planned Parenthood offers; a chart released by the organization in February demonstrated abortions only make up 3 percent of its services.
Another criticism leveled by Planned Parenthood supporters is the federal funding is legally barred from being used for abortions. Instead, the funding would go to other health services within Planned Parenthood, which provides general women’s health services to poor and rural women.
Some Democratic lawmakers say the bill shows an out-of-touch Republican Party.“For the life of me, I cannot understand why Republicans are so intent on taking away from women the right to make their own choices about their bodies,” said Ohio Sen. Nina Turner in a statement. “Voters soundly rejected the foolishness of the radical right on Election Day in favor of the dignity of American women, but some lawmakers must not have heard.”
She added, “While Republicans rail against women making their own choices, they are cutting funding for education and critical social services that children need after they are born. They want small government, all right — small enough to fit into a woman’s womb.”
The strong words showcase what was a loud, feisty exchange
between Planned Parenthood supporters and Republican lawmakers. At the
committee hearings, supporters and opponents of HB 298 testified. Some
opponents cited their personal experience, including an emotional account from one
woman regarding her own rape at age 13. She said she was glad young women like her can turn to
Planned Parenthood for help.
Ohio Rep. John Carney, a Columbus Democrat, pointed out that throughout the hearings, no health care provider testified in favor of HB 298. One doctor testified against the bill. Carney also pointed out that no tax dollars that go to Planned Parenthood pay for abortions.
The bill isn’t the only action Republicans have recently taken against women’s health rights. Ohio Senate President Tom Niehaus told The Cincinnati Enquirer about the possibility of a renewed heartbeat bill on Nov. 8. In October, Kasich appointed two anti-abortion advocates to government positions. In this week’s news commentary (“Ohio Republicans Continue Anti-Abortion Agenda,” issue of Nov. 14), CityBeat covered the ensuing Republican campaign against abortion rights.
Abortion-rights supporters pushed against a bill that will kill some funds for Planned Parenthood in Ohio yesterday. The bill would shift $2 million in federal funds, which legally can’t be used for abortions, from Planned Parenthood to other family services. An Ohio House committee will hold hearings and possibly vote on the bill later today. Planned Parenthood has been a target for anti-abortion activists all around the nation in recent years, even though abortions only make up 3 percent of its services.
The election is over for us, but it’s not quite over for Ohio Secretary of State Jon Husted. A court ruled yesterday that Husted was in the wrong when he directed a last-minute change to Ohio's provisional ballot rules. U.S. District Judge Algenon Marbley wrote that the rules, which shifted the burden of identification for provisional ballots from poll workers to voters, were “a flagrant violation of a state elections law.” Husted will appeal the ruling. For many voter activists, the ruling comes as no surprise. Husted and Republicans have been heavily criticized for how they handled the lead-up to the election.
The Ohio House will vote on legislation to regulate puppy mills. Ohio is currently known as one of the worst states for puppy mills and regulations surrounding them. The Humane Society of the United States supports extra limits on Ohio’s puppy mills. CityBeat previously covered the issue and how it enables Ohio dog auctions.
John Cranley is running for mayor. Cranley, who served on City Council between 2001 and 2007, promises to bring “bring fresh energy and new ideas to the mayor's office.” One of those ideas could be opposition to the streetcar, which Cranley has been against in the past. Former mayor Charlie Luken will be the honorary chairman of Cranley’s campaign, which will officially launch at an event in January.
The Ohio Department of Development and Port of Greater Cincinnati Development Authority will meet on Dec. 14 to discuss how to finance the Brent Spence Bridge. The Port Authority suggested tolls
to help pay for the bridge project, which has been labeled the region’s
top transportation priority; but critics say an unelected agency should
not directly impose costs on the public without some recourse.
The city of Cincinnati might buy Tower Place Mall and its neighboring garage. An emergency ordinance was submitted to buy the mall and garage, which are currently in foreclosure, for $8.6 million using the surplus from the Parking Facilities Fund 102.
The third RootScore report for Cincinnati’s cell phone market found Verizon to be far and away the best. AT&T, T-Mobile and Cricket followed. Sprint did the worst.
Ohio will let the federal government run the state’s health care exchange. Under the Affordable Care Act — also known as Obamacare — states must decide by Friday to self-manage or let the federal government manage exchanges, which are subsidized markets that pits different insurance plans in direct competition within a state. The move comes as no surprise from Gov. John Kasich and his administration, which have opposed Obamacare since it passed in 2010. But support for repealing Obamacare is plummeting, a new poll found.
A state legislator introduced a long-expected plan to reform Ohio’s school report card system. The bill will shift school grading from the current system, which grades schools with labels ranging from “excellent with distinction” to “academic emergency,” to a stricter A-to-F system. A simulation of the new system back in May showed Cincinnati Public School dropping in grades and 23 of its schools flunking.
After a strange bout of Ohio Supreme Court races that continued a trend of candidates with Irish-sounding names winning, some policymakers are considering reforming campaigning rules for the Ohio Supreme Court. The proposed reforms would allow candidates to speak more freely and show political party affiliation on the ballot.
A true American hero: A Hamilton man took personal injuries from a car accident to avoid hitting a cat.
Ever wish political pundits were held accountable for their completely inane, incorrect predictions? A new Tumblr account does just that.
Canadian doctors claim they managed to communicate with a man in a vegetative state to see if he’s in pain. Thankfully, he’s not.
People are feeling better about downtown and Over-the-Rhine, according to a new survey. Out of respondents who said they visited downtown, about 83 percent said their opinion of Over-the-Rhine was more favorable now than it was in the last year. Bars and parks topped activities, while dining and events on Fountain Square topped attractions.
The E.W. Scripps Company posted its best TV revenues ever thanks to the presidential election. The company’s consolidated revenues rose 31 percent to $220 million. The company recently netted a $750,000 tax break from Cincinnati City Council to hire for 125 new local jobs and retain 184 current employees.
The University of Cincinnati’s Women's Health Center will open a branch in West Chester in spring 2013. The new offices will have 47 exam rooms, large and small conference rooms, a retail store and a café.
Ohio Republicans are renewing their anti-abortion agenda. Much to the dismay of pro-choice groups, Gov. John Kasich appointed two people from Ohio Right to Life to important positions, and the Ohio Senate is now looking into a new version of the heartbeat bill. Starting with a hearing Wednesday, Ohio Republicans will also move to defund Planned Parenthood.
In his post-election presser, Ohio Secretary of State Jon Husted suggested basing Ohio’s electoral vote on congressional districts. Due to how Republicans redrew district boundaries, that would have given Mitt Romney most of Ohio’s electoral votes even though Romney lost the popular vote. Districts were redrawn by the Republican-controlled process to give Republicans an advantage in congressional races. The First Congressional District, which includes Cincinnati, was redrawn to include Republican-leaning Warren County, which shifted the district in favor of Republicans and diluted Cincinnati’s Democratic-leaning urbanites. The proposal seems like another attempt at voter suppression from a secretary of state that has been heavily criticized for how he and his party handled the run-up to the election.
Redistricting also helped Ohio Republicans take Congress.
Last-minute negotiations may push Ohio’s puppy mills bill to the finish line. The state currently has a reputation as one of the worst for abusive puppy mills, and the bill would try to place some additional regulations on the mills. CityBeat previously covered the puppy mill and dog auction problem in Ohio.
A new study found Ohio may be one of the worst states to retire in.
The state did poorly in terms of property crime and life expectancy of
seniors, but it was found to have good economic conditions, a
relatively low tax burden and lower-than-average cost of living.
Ohioans’ food stamp benefits will drop by $50 a month next year. The change is coming due to a shift in how the federal government calculates utility expenditures for food stamp recipients.
Ohio’s Third Grade Guarantee, which requires holding back third-graders who do not meet state reading standards, now has some research supporting it. A new study found girls who struggle to read early on are more likely to become teen mothers. However, other research shows holding kids back hurts more than helps. After reviewing decades of research, the National Association of School Psychologists found grade retention has “deleterious long-term effects,” both academically and socially.
In response to President Barack Obama’s re-election, the infamous boss of Ohio-based Murray Energy fired more than 150 workers around the country. One of those workers decided to leak a letter from the boss. The letter blames the firings on Obama’s supposed “war on coal,” but it’s likely the coal industry would be facing trouble even if Obama wasn’t in office.
Climate change just got a lot worse. It might make some coffee beans go extinct.
Two gay penguins became dads at the Odense Zoo in Denmark.
Ever wanted a microscopic glimpse at a Pop Tart? Well, you're getting it anyway.
Here they go again. Republicans are renewing their anti-abortion agenda in Ohio. Two of the governor’s October appointments have been criticized by a pro-choice group, and the state legislature is now considering a new version of the heartbeat bill.
Yesterday, Senate President Tom Niehaus told The Cincinnati Enquirer that the Ohio legislature, in cooperation with anti-abortion groups, is giving another look at the heartbeat bill. When the heartbeat bill was first suggested, many on the left labeled it the most radical anti-abortion bill in the country. If it became law, the bill would have banned abortion as soon as a fetal heartbeat is detected, which is typically visible in ultrasounds by the sixth week of pregnancy, with no exceptions for rape, incest or the health of the mother.
Legislators and anti-abortion groups aren’t offering specifics on the new bill. Ohio Right to Life opposed the heartbeat bill when it was first suggested because the group believed it was too likely to fail in front of the U.S. Supreme Court, which upheld abortion rights in Roe v. Wade in 1973. The new version of the heartbeat bill will likely be retooled to sustain any court challenges.
Kellie Copeland, executive director of NARAL Pro-Choice Ohio, says Republicans haven’t taken the right lessons from the Nov. 6 election: “It’s clear that they didn’t get the memo. Pro-choice Ohioans overwhelmingly voted to re-elect President Obama and reject this war on women. Here we are, we haven’t even made it to the weekend, and our senate president is resuming attacks on women’s reproductive health care.” She added, “I think they didn’t care what Ohio women thought before the election, and it’s clear they don’t care now either.”
In response to questions about whether the governor will support a new heartbeat bill, Rob Nichols, spokesperson for Republican Gov. John Kasich, said in an email, “We are watching the Senate’s activity closely.”
A few appointments from Kasich have also come under scrutiny. On Oct. 12, Kasich appointed Marshall Pitchford, a board member at Ohio Right to Life, to a committee in charge of filling a vacancy in the Ohio Supreme Court. On Oct. 29, Kasich appointed Mike Gonidakis, Ohio Right to Life president, to serve a five-year term on the State Medical Board of Ohio, which is in charge of the state’s medical regulations.
In a statement, Copeland criticized the appointment to the Supreme Court committee: “Because legislation promoted by Ohio Right to Life is likely to come before the Ohio Supreme Court, it is inappropriate for Pitchford to be placed in a position where he can cherry-pick a justice to serve on that court.”
She also criticized the appointment of Gonidakis to the State Medical Board. Copeland says she’s “concerned” that he’s on the board to regulate and restrict access to abortions. “No group in the state of Ohio has done more to interfere with the private medical decisions of Ohio women,” she says. “For their leader to now be on the State Medical Board is completely inappropriate and disturbing.”
She added that the two appointments show Kasich is “playing a more active role in the war on women than Ohioans realize.”
According to Gonidakis’ biography on the Ohio Right to Life website, Gonidakis went to school for law at the University of Akron. No professional medical experience is noted.
Nichols said in an email the appointments should come as no surprise: “The governor believes strongly in the sanctity of human life, so it's a surprise that someone would be surprised that he practices what he preaches.”
Plunderbund Ohio reports that Gov. John Kasich has picked up his first endorsement for a presidential bid from Citizens for Community values president and executive director and self-professed former porn addict Phil Burress, following Kasich's signing of some of the country's most archaic and restrictive anti-abortion provisions in the nation. This week’s news story by CityBeat’s most glamorous misanthrope, German Lopez, explains how the recently passed state budget caters to Republicans by lowering taxes for the rich, tries to block health care for the poor and effectively defunds Planned Parenthood and its valuable health services.
Eleven school buses were hijacked from the Petermann Bus Company bus lot in Golf Manor. All but one of the buses has been recovered. Ralph Brown, who supervises the company, speculated some kids just wanted to take a "joy ride."
Columbia Parkway is open again after massive flash flooding and landslides inundated the road, but this weekend's wet forecast could cause it to flood again.
SPCA Cincinnati is adopting out cats and kittens for just $5 through this weekend in honor of Independence Day. Visit the Northside or the Sharonville location.
"God buried fossil fuels 'because he loves to see us find them.'" No. 5 on Rolling Stone's top 10 list of the dumbest things ever said about global warming comes from Bryan Fischer, director at the American Family Association.
Men can eat a lot more weiners than women. Sonya "The Black Widow" Thomas ate 36.75 hot dogs yesterday in Brooklyn, N.Y., at Coney Island's 98th annual Nathan's Famous Hot Dog Eating Contest, earning first place in the women's division, while male title winner Joey Chestnut ate 69 dogs IN 10 MINUTES.
Here's why hot temperatures sometimes can make you cranky.
Women in Egypt are at a staggeringly high risk to become victims of sexual assault. More than 80 women were raped, sexually harassed or sexually assaulted during Wednesday night’s mob celebration of the forced departure of president Mohamed Morsi on Tahrir Square in downtown Cairo.
Buttercup, a duck born with his left foot twisted backward, is now on top of the world
after his owner used 3D printing to create a brand new foot for Buttercup. Here is a video for good measure.
To honor National HIV Testing Day — a day meant to raise awareness about the virus — Planned Parenthood Southwest Ohio region is offering free HIV testing at three locations in the Cincinnati area.
Free HIV testing is available today at from 10 a.m.-2 p.m. at Cincinnati's VA Medical Center (3200 Vine St.) and from 1-5 p.m. at the Lower Price Hill Health Center (2136 E. Eighth St.). The test is done quickly using a method called rapid HIV testing, which produces results immediately.
About 1.1 million people in the United States are living with HIV at any given time, and about one in five of those don't even realize they're infected.
That means those one in five could, at any time, be unknowingly transmitting the disease to their partners, or that they're missing out on taking important preventative measures that could keep the infection from developing into AIDS. The HIV virus is most commonly spread through unprotected sexual contact or sharing needles, or can be passed down from mother to child during pregnancy or shortly after birth. For more basic information about HIV, click here.
In 2012, Planned Parenthood Southwest Ohio provided 1,225 HIV tests amongst its eight facilities, among a number of other preventive services. Currently, Planned Parenthood branches across Ohio are being threatened by Ohio conservatives' efforts to defund the organization, which provides myriad health services in addition to abortion, including cancer and STD screenings, birth control, pregnancy testing and health care for both men and women. State and federal funds used by Planned Parenthood aren't used to fund abortions, which are instead funded by private donations.
If successful, the Republican-controlled Ohio legislature could pass a budget this weekend that would put Planned Parenthood at the back of the line for state funds. A separate set of federal funds would also go to crisis pregnancy centers, which have a history of using scare tactics and false information about abortion.
Under Obama's Affordable Care Act, which will go into effect in 2014, insurance providers will be required to cover HIV testing and birth control.
The Catholic Archdiocese of Cincinnati has been mired in quite a bit of trouble over the past several years for its morally outdated (and unjust) policies, and now one of the allegations has reached the courts. Today marked the second day of juror hearings in a schoolteacher's lawsuit against the Archdiocese and the two schools from which she was fired for violating her civil rights.
In 2010, schoolteacher Christa Dias, a single, non-ministerial employee at both Holy Family and St. Lawrence Schools, parochial schools owned and operated by the Archdiocese of Cincinnati, became pregnant via artificial insemination. At five and a half months pregnant, she asked her employers for something millions of U.S. women ask for every year: maternity leave.
She got more than she bargained for, though, when her employers fired her, assuming Dias had engaged in premarital sex (one of the many "moral" no-nos in the Catholic Church — for women, at least). She was informed that she was let go because she'd violated a moral clause in the Catholic doctrine that she'd agreed to adhere to when she signed her employment contract, which, in the eyes of the Catholic Church, makes it okay to discriminate when the discrimination falls under something called "ministerial exception" — a pesky and vague part of civil labor laws exempting religious policies from some basic rules for equality in the workplace.
Ergo: Women who are fired by the Catholic Church for getting pregnant face unfair discrimination because men aren't held to the same standard. Obviously, it's impossible to detect whether or not single male employees are engaging in premarital sex (but they probably are). The basis of Dias' lawsuit is that that little gender caveat is an inherent for of discrimination against women because women and men aren't held to the same moral standards.
According to the AP, Dias today told jurors she didn't realize that artificial insemination was a violation of church doctrine or that having the procedure could get her fired. The archdiocese's attorney, Steve Goodin, says that Dias was not discriminated against because she signed a contract that clearly commanded she abide by the Catholic doctrine.
CityBeat reported on a similar case of discrimination by the Catholic Church earlier this year ("Unforgiven Offenses," issue of Jan. 9, 2013), which detailed a lawsuit filed in the U.S. District Court of Southern Ohio by former schoolteacher Kathleen Quinlan, who was also fired from her non-ministerial position at Ascension Catholic School in Kettering, Ohio, in December 2011 after she approached her principal, told him about her pregnancy and offered to work behind-the-scenes until she gave birth.
Again, her employers and the Archdiocese used the "morality clause" to defend their position.
And then there was Johnathan Zeng ("Gays, Even Christians, Need Not Apply," issue of June 13, 2012), who was offered a job as a music teacher at Cincinnati Hills Christian Academy (CHCA) Armleder School after two weeks of discussions; Zeng even put on a teacher demonstration in front of a third grade class. When a board representative asked him point-blank if he was gay, Zeng told the truth: yes, he was gay. All of a sudden, Zeng was out of the running, even though he was already pinpointed as the most qualified applicant.
The outcome of Dias' case could set a major precedent for courts ruling on ministerial exception in the future. Last year, the Supreme Court ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, courts sided with the church in a fired teacher's discrimination lawsuit, ruling that because she had some religious duties as a teacher, federal discrimination laws didn't apply.
Some local Catholics, at least, are firing back against the archdiocese's archaic policies; recently, Debra Meyers was ordained as Cincinnati's first female Catholic priest by the Association of Roman Woman Catholic Priests, despite opposition from local Catholic leaders and the Vatican. Read our interview with her here.
With Republican support and Democratic opposition, the Ohio House Finance Committee approved a budget bill today that would ban comprehensive sex education, defund Planned Parenthood and fund crisis pregnancy centers that pro-choice groups call “anti-choice.”
Citing the possibility of “gateway sexual activity,” the bill would make it so teachers can be fined up to $5,000 if they explain the use of condoms and other forms of birth control to high school students. It would also prohibit individuals and groups from distributing birth control on school grounds.
The bill pushes abstinence-only education to curtail any promotion, implicit or explicit, of gateway sexual activity. To define such activity, the bill cites Ohio’s criminal code definition for “sexual contact,” which is defined as “any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast.”
The bill would also redirect federal funding to defund Planned Parenthood and shift funds to crisis pregnancy centers, which CityBeat covered in further detail here.
“Today the Ohio House Finance Committee voted to send our state back to the 1950s,” said Kellie Copeland, executive director of NARAL Pro-Choice Ohio, in a statement. “The Ohio House is doing everything they can to restrict access to reproductive health care and medically accurate information that help Ohioans live healthy lives. (Gov. John) Kasich can stop these dangerous attacks on women’s health care. We need him to speak out against these budget provisions and to line-item veto these dangerous measures when they reach his desk.”
Researchers have found abstinence-only programs to be generally ineffective. A 2007 study published in the Journal of Adolescent Health found abstinence-only programs have no impact on rates for teenage pregnancy or vaginal intercourse, while comprehensive programs that include birth control education reduce rates.
A 2011 study from researchers at the University of Georgia that looked at data from 48 states concurred abstinence-only programs do not reduce the rate of teenage pregnancy. The study indicated states with the lowest teenage pregnancy rates tend to have the most comprehensive sex and HIV education programs.
When looking at three ways to prevent unintended pregnancies for a 2012 study, the Brookings Center on Children and Families found the most cost-effective policy was to increase funding for family planning services through the Medicaid program. In other words, if governments increased spending on birth control programs, they would eventually save money.
Still, a 2010 study from a University of Pennsylvania researcher found abstinence-only education programs may delay sexual activity. The study, which tracked black middle school students over two years, found students in an abstinence-only program had lower rates of sexual activity than students in the comprehensive program.
At hearings on April 12, anti-abortion groups praised abstinence-only education for promoting chastity.
Financial giant and Lytle Park bully Western & Southern has accused city officials and other Anna Louise Inn advocates of repeatedly deceiving the Department of Housing and Urban Development in order to obtain federal funds for the long-awaited, $13 million renovations to the Inn.
Those renovations are the same ones that have been blocked over and over by a series of legal entanglements initiated by Western & Southern, which tried to purchase the Inn back in 2009 for $1.8 million, refusing to buffer the Inn's $3 million price tag. In 2011, the Hamilton County Auditor valued the plot at $4 million.
Now, the corporate giant, which owns a number of other plots of land in Lytle Park, wants to buy the Inn and convert it into an upscale hotel.
Western & Southern’s lawyer, Glenn Whitaker, sent a letter obtained by CityBeat dated March 19 to City Solicitor John Curp accusing city officials of knowingly violating the federal Fair Housing Act by allowing the owner of the Inn, Cincinnati Union Bethel (CUB), to pursue federal funding for renovations while providing services to exclusively women in need, which the letter alleges would “discriminate on the basis of gender” and “expose the City to liability under both the federal False Claims Act and the FHA.”
“We share this with you because — no matter where one stands on whether ALI’s renovations comply with Cincinnati Zoning Code — it is in the public interest for the City to avoid a lawsuit that could lead to a significant payout in today’s budget environment,” reads the letter.
Of course, that lawsuit is one that would be entirely fabricated and launched by Western & Southern, on top of years worth of zoning violation allegations that, so far, have failed to gather much merit.
Some women-only shelters are deemed permissible due to safety issues, but in the letter, Whitaker alleges that the renovation plans expose ALI to discrimination liability by, in theory, making the safety issue moot by providing clear, separated spaces for men and women. The renovation plans include converting what are now dormitory-style units with shared bathrooms into private residences with private bathrooms and kitchens, according to the letter.
Curp, who received the letter, says the city’s relationship with HUD is one that hinges on constant communication, and though Western & Southern's allegations were unexpected, they'll be taken seriously.
“We work with them closely, we have a great relationship with HUD. They were the first organization we contacted when we got this letter, ... so they understood the nature of the allegations and because they’re one of our development partners. We have lots of development partners in the city, frankly, including Western & Southern. ... We're disappointed that the city has been pulled into what is otherwise a third-party dispute."
The letter also accuses a number of community members, including 3CDC, Vice Mayor Roxanne Qualls, the Model Group, the Greater Cincinnati Homeless Coalition and the YMCA of conspiring to move low-income residents from the Metropole to the Anna Louise Inn in order to ease litigation with the Homeless Coalition and make way for the new, upscale 21c Museum Hotel.
John Barrett, Western & Southern’s CEO, is also on the board of 3CDC, which adds an extra element of mystery to the lodged accusations; at best, it seems extreme they'd be willing to accuse ally 3CDC of wrongdoing or conspiracy for the sake of a discrimination lawsuit against a nonprofit social services agency whose stated goal for more than 100 years has been to provide a haven for women in need.
Ideally, explains Curp, HUD will respond equipped with some sort of past precedent that would absolve the city and the Inn of alleged discrimination and make the lawsuit irrelevant.
"I think a lawsuit would be very much premature. ... Like I said, our first step is to talk to HUD and to make sure that between the both of us, we don’t see any discrimination or compliance issues. If there’s any chance of that ... after our review and a review by HUD, we will fix it to bring it into compliance," he says.
"As I sit here today, I can't imagine this situation hasn't been dealt with in the past. I'd be shocked if HUD hasn't dealt with this in another community and come up with a set of guidelines for us to follow."
• Enquirer reporter Sharon Coolidge’s use of open records law documented Cincinnati’s lax enforcement of lead paint removal orders. She told CityBeat that her coverage included positive impacts in addition to those above in my main column:
The day after her story was published, Mayor Mark Mallory ordered health officials to explain why they hadn't forced problem landlords to clean up their properties.
Three public hearings led to a comprehensive city plan to eliminate childhood lead poisoning by 2010. The plan lowers the medical threshold at which health officials can intervene, thus catching lead poisoning in its earliest stages.
City Council gave the health department more than $1 million to finance reforms. Poor families are getting kits to detect whether their homes are contaminated.
In one of his first acts as new governor, Ted Strickland allowed cities to sue lead-paint producers; Cincinnati is suing Sherwin-Williams.
State lawmakers are considering a new law, named after a family featured in the Enquirer story, to provide $20,000 grants for lead removal.
• A more recent public benefit from open records laws involved the Enquirer suit to obtain secret streetcar vendors’ bids. Attorney Jack Greiner, who handles First Amendment issues for the paper, said that Cincinnati's ordinance requires bids be available for public review. Faced with resistance, the Enquirer went to court. Hamilton County appellate judges agreed with the paper, rejecting company arguments that records were exempt from public records law as "trade secrets."
• Unless you’re living under a Rock of Cliches, you’ve read or heard that flu is sweeping the nation. Every sneeze, every cough, every chill and shiver warns us that the Fourth Horseman of the Apocalypse is tethering his pale horse at our curb. The catch is that despite breathless news media offerings, little unusual is happening except for an early, aggressive onset of the perennial scourge. Thousands die every year from flu, most of them elderly. It would be news if we didn’t. Annual death estimates — hampered by incomplete reporting and similar health problems — range from 3,000 to 49,000.
• An Enquirer Sunday Forum carried Michael Kinsley’s column about Hillary Clinton’s extensive foreign travel as secretary of state. Kinsley doubts the value of much of her travel but in today’s world, “The less important the trip, the more prestige you gain by taking it.” Having time and money to waste proves you have time and money to waste . . . even if you’re on the taxpayers’ clock and paycheck. Maybe that explains an otherwise inexplicable Enquirer revelation that Steve Chabot is a foreign policy expert, citing his extensive foreign travel at taxpayer expense.
• Enquirer reporter Dan Horn produced two nay-saying front page stories. Both were welcome surprises from Cincinnati’s “get on the team” daily. One questioned the argument that right-to-work laws provide an economic boost in states like Indiana, Michigan, or, potentially, Ohio. That anti-union policy was a staple topic in my 1950s high school debating days. Economic analysis, like divining why crime rates change, is more complicated than whether union membership is optional or required in a “union shop.” Too many union/right-to-work debates — fueled by no-compromise advocates putting re-election before public benefit — ignore complexity.
• A second invocation of skepticism by the Enquirer’s Dan Horn raised serious doubts about feel-good gun buy-back programs. I’ll go this far on guns: each firearm bought back and destroyed (not bought back and sold to dealers for resale) is a gun that won’t kill someone. Cincinnati Police destroy buy-back weapons not needed for investigations. Buy-back, however, won’t change life on Cincinnati streets where scores of young men kill each other each year. Anyone who wants a firearm can get one faster than you can say, “Your money or your life.” Similar doubts about Cincinnati’s gun buy-back program made Page 1 of the New York Times.
• Fox 19’s Dave Culbreth came up with a smart take on the controversial idea of arming teachers and school administrators. He interviewed Target World assistant manager Amy Hanlon who demonstrated how a woman could carry a concealed handgun. As Culbreth noted, there was nothing special about her clothing: slacks, blouse, overshirt. By the end of the interview, she’d removed nine concealed semi-automatics or revolvers, including one tucked under her bra in a holster that also was displayed on a counter-top mannequin bust.
• WCPO-TV plans an online local news challenge to the Enquirer’s Cincinnati.com, according to Business Courier’s Jon Newberry. It’s a pioneering effort by Cincinnati-based E. W. Scripps that could go national, Newberry suggested. Whether additional reporters, producers, editors, etc., will come from the Business Courier and other established news media was not clear. Scripps — a Cincinnati-based national print and broadcast company— published the Cincinnati Post until it closed the barely-sustaining joint operating agreement with the Enquirer ended in 2007.
• Blogger Peter Heimlich tipped me to Channel 19 anchor Ben Swann’s web gig called Full Disclosure. Swann says there are enough witnesses to challenge official police narratives of single shooters at three recent massacres: the Oak Creek, Wis., Sikh temple; Aurora, Colo., Batman movie premiere, and Sandy Hook Elementary School in Newtown, Conn. Salon.com challenged Swann about his apparent validation of those counter-narratives and he replied in part, “The bottom line for me is the issue of asking questions. As you will notice, I don’t call these operations ‘false flag’ as many people do … (his ellipses) But as a journalist, that is not my job. Rather, my job is to be a critical thinker.” And he added, “most of our media fail to question stories . . . a journalist’s job is not to have the answers, it is to ask the questions and search for truth.”
• There’s a pathetic undercurrent in the Enquirer’s Monday Page 1 profile of Henry Heimlich’s efforts to regain American Red Cross support for his eponymous “maneuver.” The physician claims there is no research to support the Red Cross’s decision to return to back slaps rather than Heimlich abdominal thrusts as first response to choking. Other than Heimlich’s self-serving claims, there is no research proving his maneuver works as well or better than back slaps. Assertions are not evidence. Moreover, the Red Cross adopted Heimlich’s maneuver years ago without the research Heimlich is calling for now. Heimlich has anecdotal evidence of lives saved but that’s not research. Wisely, reporter Cliff Radel quoted skeptics and critics of the maneuver. That kind of even-handedness usually escapes admiring Enquirer stories about Heimlich. And if the paper ever corrected a Memorial Day feature on water safety, I missed it. The Enquirer drew national ridicule with its illustration on how to use Heimlich’s maneuver to revive a standing near-drowning victim.
• It’s spitting into the wind to ask sports reporters to question what jocks tell them, especially when truth-telling endangers future access. In the Good Old Days, who read about fornicating, drunken and racist professional athletes? More recently, golf reporters and publications didn’t write about married Tiger Woods’ screwing around. This time, it’s Notre Dame football star Manti Te’o’s stories about the heart-ripping death of girlfriend Lennay Kekua from leukemia. Editors loved it. Now, it seems she was a fiction amplified by incurious and credulous reporters. It took sports blog Deadspin.com to reveal the fraud after its reporters could find no public records of her birth, life, education or death. Almost as nauseating as the saccharine original stories about her death are the faux introspection by sycophant reporters caught by the fraud.
• We’ve gone a week without a promo for Oprah’s interview with champion liar-cheater Lance Armstrong. That’s closure. So what does Armstrong do now? Pitch performance enhancing drugs and blood transfusions on ESPN and late TV?
Gore sold his troubled Current cable network to Al Jazeera, the
satellite network based in Qatar in the Persian Gulf. Good. Nothing bars
foreigners from owning a cable network here, unlike the law that forced
Australian Rupert Murdoch to obtain U.S. citizenship after he bought Fox.
Backed by the ruling Qatari emir, Al Jazeera scandalized Americans for broadcasting tirades by Osama bin Laden and other anti-western Arab leaders. We should have welcomed what they said in Arabic for home audiences. Too often, we rely on sanitized remarks for non-Arabic-speaking audiences or Washington assurances it was trying to verify that speakers were who they said they were. Al Jazeera also infuriated Arab audiences by carrying interviews with American and Israeli officials that others in the Middle East ignored or rejected.
Most American cable companies won’t carry the newer Al Jazeera English but its website is one of my daily stops, especially when, say, AQIM kidnaps oil workers in Algeria or French Legionnaires assist Mali’s pathetic army in trying to halt and turn back Islamist rebels.
Al Jazeera coverage of “Arab Spring” was so aggressive that embattled North African rulers correctly accused it of supporting anti-government demonstrators. So is Al Jazeera open to interference by the Qatari government? Yes. Are its biases plain to anyone who listens or reads? Yes. We don’t ignore Fox News for its biases.
• American news media employ local nationals in foreign bureaus for their contacts and language skills. That reliance failed when no one reported the 2010 anti-semitic rant by Mohamed Morsi, the Muslim Brotherhood leader who now is Egypt’s president. In part, Morsi called Jews “apes and dogs” and shared the fantasy that the Palestinian Authority was “created by the Zionist and American enemies for the sole purpose of opposing the will of the Palestinian people and its interests.”
Still nastier, he urged listeners “to nurse our children and our grandchildren on hatred for them: for Zionists, for Jews . . . bloodsuckers who attack the Palestinians, these warmongers, the descendants of apes and pigs.”
A stump speech in his Nile Delta hometown, it took more than two years to reach English-language news media. The original Arabic video is on YouTube now. I encountered a translation of Morsi this month on a Forbes website that, in part, chided the New York Times for missing or killing the story. Days later, it was on Page 1 of the Times. After that, the Obama administration an official “tut-tut.”
• Maybe they’ll blame one of those ominous Canadian Cold Air Masses (meteorological, not theological) for the brain freeze that disabled news judgment at the Toronto Star. Flippant columns about rape aren’t funny. Jimromenesko.com posted these first two paragraphs of Rosie DiManno’s column about testimony during the sexual abuse trial of a local physician:
“She lost a womb but gained a penis.
“The former was being removed surgically — full hysterectomy — while the latter was forcibly shoved into her slack mouth..."
• Headlines are an art that always risks a step too far in an attempt to cure the copy editor boredom and draw readers to a story. This one, from philly.com, achieves both in what has become a national story about a popular and well-connected parish pastor: “Catholic priest/meth dealer liked sex in the rectory.” You know you’d read more.
• Finally, this from Shannyn Moore, who blogs on HuffPost as “Just a Girl from Homer, Alaska.” It appeared first in the Anchorage Daily News and makes her points without venturing beyond the pale into bad taste: “I'm not advocating for no guns. I like mine and am not about to give them up. But in this country, my uterus is more regulated than my guns. Birth control and reproductive health services are harder to get than bullets. What is that about? Guns don't kill people — vaginas do?”