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.
Two Democratic congresswomen walked out of a hearing today in the House after a Republican colleague blocked a woman from testifying about a new federal rule that will require most employers to provide free birth control.
U.S. Reps. Carolyn Maloney (D-N.Y.) and Eleanor Holmes Norton (D-D.C.) left the hearing after House Oversight Committee Chairman Darrell Issa (R-Calif.) prevented the woman from being added to the witness list.
Announced last month, the rule reclassifies birth control as a preventative health measure, which means most employers must cover contraception in their insurance plans with no cost sharing like co-pays or deductibles. Initially, an exemption was granted for churches but not for religiously affiliated schools and hospitals, which angered some Catholic bishops and others.
In a compromise unveiled Feb. 10, President Obama said religiously affiliated schools and hospitals wouldn’t be forced to offer coverage for free contraceptives. Rather, insurers will be required to offer the coverage free to any women who work at such institutions.
That wasn’t good enough for the U.S. Conference of Catholic Bishops and some conservative politicians, who said the coverage shouldn’t be required at all.
Issa’s staff informed Democratic members of the committee that the hearing was about religious liberty in general, and not the contraception mandate, in explaining why Sandra Fluke couldn’t testify.
“As the hearing is not about reproductive rights and contraception but instead about the (Obama) administration’s actions as they relate to freedom of religion and conscience, he believes that Ms. Fluke is not an appropriate witness,” Issa’s staffers wrote in a letter.
Fluke wanted to tell about an incident involving a 32-year-old friend who was diagnosed with ovarian cysts and prescribed birth control pills as the only remedy for her condition. Because the woman’s insurance didn’t cover contraception, the friend couldn’t afford her medication and eventually lost her ovary.
Read what Fluke had planned to tell the panel here.
Eleven people were on Issa’s witness list, led by the Rev. William Lori, the Roman Catholic bishop of Bridgeport, Conn. Eight of Issa’s witnesses are Orthodox Christian, Catholic or evangelical, and represent Christian institutions.
Originally, Issa only planned on calling nine witnesses — all men. After the public flap, he added two women to the list.
A prominent Republican congressman is under investigation for insider trading. U.S. Rep. Spencer Bachus (R-Ala.), who heads the House Financial Services Committee, is being probed by the Office of Congressional Ethics for making suspicious trades and buying certain stock options while helping oversee the nation’s banking and financial services industries.
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.
The House Health Committee heard testimony from bill supporters and opponents. "If PP is defunded, we will still offer a full range of options for care, but the working poor will have no way to pay for them," testified Beth Lonn, Chief Operating Officer of Planned Parenthood of Central Ohio, according to a tweet from Planned Parenthood Affiliates of Ohio.
Opponents of HB 298 express concern that the reprioritizing of funds would deny high-need women, particularly those of low income, access to preventive, affordable health care services. "More than 96% of what we do is to provide essential lifesaving cancer screenings, breast exams, birth control, sex education and counseling to nearly 100,000 Ohio women and families, regardless of one’s ability to pay," reads a segment on the Planned Parenthood Affiliates of Ohio website.Rep. Nicki Antonio (D-Lakewood) expressed her concern for bill supporters' motivation, noting, "The proposed defunding bill is is a move based on ideology, not on practical needs of Ohioans...There are many counties in Ohio without alternatives to PP. It's a 'Health Care Desert.'"
Supporters of the bill such as Ohio Right to Life tout the measure as a way to steer funds away from the "abortion industry." The bill is now awaiting a committee vote.
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."
The big news breaking the Internets is that Susan G. Komen for the Cure, the nation’s leading breast cancer charity, is pulling its grants from Planned Parenthood affiliates. The charity gave about $680,000 last year and $580,000 in 2010, which is mostly used to provide free breast exams for low-income women.
Despite its founder’s insistence Thursday that reaction had been mostly favorable, the Susan G. Komen for the Cure charity abruptly reversed course today and is restoring funding for Planned Parenthood.
The Los Angeles Times reports Nancy G. Brinker, Komen's founder and CEO, said that the breast cancer foundation's decision to halt funding to providers who were under investigation was not done for political reasons and was not meant to penalize Planned Parenthood specifically.
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.