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by German Lopez 01.13.2014
Posted In: News, Transportation, Courts, 2014 election at 10:28 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

State fights for minor party restrictions, local judge disqualified, Oasis rail line draws critics

Ohio officials will appeal a court ruling that blocked tougher requirements on minor political parties and allows them to run in the 2014 primary and general elections under previous rules. The Republican-controlled Ohio legislature and Gov. John Kasich approved the stricter rules last year. Democrats and Libertarians argued the new law, which they labeled the John Kasich Re-election Protection Act, was put in place to protect Kasich from conservative electoral challengers upset with his support for the federally funded Medicaid expansion.

The Ohio Supreme Court disqualified Hamilton County Juvenile Judge Tracie Hunter Friday after she was indicted on eight felony charges for, among other accusations, backdating and forging court documents. The disqualification could further burden a court that’s already known for a large backlog of cases. It remains unclear how long Hunter’s case and disqualification will last and whether she’ll be replaced while the legal battle unfolds.

Many streetcar supporters oppose the Oasis rail line and the rest of the Eastern Corridor project. Critics of the project point to a recent study that found the Oasis line would generate low economic development in seven of 10 planned stations. Instead of supporting the Oasis line, Cincinnatians for Progress says local officials should work to first establish a transit line — perhaps through a piece-by-piece approach of the defunct MetroMoves plan that voters rejected in 2002 — that could act as a central spine for a broader light rail network. Opposition to the Oasis line is also rooted in a general movement against the Eastern Corridor project, which some say would expand and rework roads and highways in a way that could damage and divide the East Side and eastern Hamilton County. Officials are taking feedback for the Eastern Corridor and Oasis rail line at EasternCorridor.org.

Hamilton County Commissioner Todd Portune, who might challenge Democratic gubernatorial Ed FitzGerald in the May primary, discussed the gubernatorial race in a nearly 40-minute interview with The Cincinnati Enquirer’s editorial board Friday. View the full interview here.

The U.S. Supreme Court will hear whether groups have the right to sue in a local case that could have broader implications for free-speech rights and limitations. The legal fight between former Rep. Steve Driehaus and the Susan B. Anthony List could resolve whether political campaigns have the right to lie.

As local and state officials work to address the opiate epidemic, a drug history scholar from the University of Cincinnati proposes alternatives to the failing war on drugs.

One drug helps prevent opiate addicts from getting high.

The Ohio Department of Health says flu activity in Ohio is now widespread.

Ohio’s chief justice says it’s time to reform how judges are elected. It remains unclear exactly how Chief Justice Maureen O’Connor would reform the system, but she says she wants to uphold courts’ attempts at impartiality.

Reminder: January is Human Trafficking Awareness Month. Find out more at HumanTrafficking.Ohio.gov.

Ohio gas prices increased in time for the new workweek.

Racism could accelerate aging among black men, according to a new study.

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by German Lopez 01.08.2014
Posted In: News, Budget, 2014 election, Courts, Economy, Governor at 10:18 AM | Permalink | Comments (0)
 
 
kasich_2

Morning News and Stuff

Judge halts election law, unemployment benefits advance, city loses budget director

A federal judge halted a controversial election law that limited minor political parties’ access to the ballot and ruled that the state must allow minor parties to participate in the primary and general elections in 2014. But by merely agreeing that only the retroactive restrictions for 2014 are too burdensome for minor parties, the judge left room to keep the law intact for elections in 2015 and beyond. Still, the ruling comes as a major victory for the Libertarian Party of Ohio and other minor parties who took to calling the Republican-backed law the “John Kasich Re-election Protection Act” because it conveniently limited minor parties that are upset with Republican Gov. John Kasich’s support for the Obamacare-funded Medicaid expansion.

Ohio Sen. Rob Portman broke with most of his fellow Republicans yesterday to help advance federal legislation that would extend emergency benefits for the long-term unemployed. Still, he hinted that he would not support the three-month extension if the $6.4 billion cost isn’t covered by federal spending cuts elsewhere. Without the extension, 128,600 Ohioans could lose unemployment benefits through 2014 even as the state economy shows signs of weakening.

Cincinnati Budget Director Lea Eriksen yesterday confirmed she is leaving her high-level city job to take the same job in Long Beach, Calif. Peggy Sandman will fill in for Eriksen while a search for a permanent replacement is held. Eriksen’s announcement comes as a blow to the city but little surprise to political watchers. Shortly before taking office, Mayor John Cranley called Eriksen and other administration officials “incompetent” because of how they handled the $132.8 million streetcar project, even though their estimates for cancellation costs turned out to be mostly on point.

Newsflash: Global warming didn’t stop just because we’re cold now.

The worst of the deep freeze should be over for Ohio.

Cincinnati’s 2013 homicide rate of 25 per 100,000 residents compares to Cleveland at 22, Indianapolis at 14.85, Columbus at 11.24 and Louisville at 8.43.

An Ohio appeals court ruled Cincinnati can change medical benefits for retirees after all.

Construction for the uptown interchange could begin in July and finish in late 2016.

The city announced yesterday that it’s extending its Winter Holiday Trash Amnesty through Jan. 17, which means residents have until then to set out extra trash next to their city-provided trash carts.

Gov. Kasich is asking parents to tell their children about the dangers of drug abuse, as the state works to combat problems with prescription painkillers and heroin.

A Fairfield, Ohio, teacher who was fired for allegedly telling a black student, “We don’t need another black president,” will fight for his job.

Dozens of inmates at the Lebanon Correctional Honor Camp endured frigid conditions Monday evening after one of three furnaces broke, according to the Ohio Department of Rehabilitation and Correction.

A Cincinnati-area medical device firm is in a race with some of the largest pharmaceutical companies in the world to get a painless drug injector on the market.

People are stealing English ferrets used to hunt rabbits.

A survey of brown dwarfs found they’re racked by planet-sized storms of molten iron.

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by German Lopez 01.03.2014
Posted In: News, Abortion, 2014 election, Governor, Courts at 09:24 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

Abortion restrictions follow trend, more tax issues in state election, Luken to run for judge

Ohio and various other states passed more abortion restrictions between 2011 and 2013 than they did in the previous decade, according to the Guttmacher Institute. The findings indicate that the latest Republican-backed abortion restrictions, which were passed through Ohio’s two-year state budget last June, were part of a broader trend that’s culminated across the nation since the tea party rose to national prominence in 2010. The trend could play a pivotal political role: Ohio Democrats have made their opposition to the abortion restrictions a central part of their campaigns to unseat Republican incumbents who hold top executive offices in the state.

One of the candidates expected to join the tea party ticket in a Republican primary challenge against Gov. John Kasich appears to have personal tax problems. Brenda Mack, tea party leader Ted Stevenot’s expected running mate, is linked to nearly $60,000 in unpaid state and federal taxes and penalties, according to government records in Mahoning and Cuyahoga counties analyzed by The Columbus Dispatch. Mack refuses to comment on the tax problems until a Tuesday press conference in which she and Stevenot are expected to officially announce their candidacies for the May 6 primary.

Former Mayor Charlie Luken says he will run for Hamilton County probate judge. The Democratic candidate will likely face off against Republican Ted Winkler, a Hamilton County Common Pleas Court judge. Luken recently garnered the public spotlight for his support for Mayor John Cranley’s campaign.

Cincinnati’s homicide rate for victims younger than 18 rose to 1 in 7 in 2013 and 2012, up from 1 in 10 from 2000 through 2011, according to The Cincinnati Enquirer. Four of the juvenile victims were 1-year-old or younger, including a fetus who died after the mother was strangled to death in April.

Four seats on the 19-member Ohio Board of Education remain unfilled, including two seats that have been vacant for months, long past the 30-day deadline Gov. Kasich has under state law to name a replacement. Administration officials said they’re aware of the deadline, but they intend to find the best fit for the position before moving forward with an appointment. “It’s far more important to us to find the right person than putting warm bodies on the board,” Kasich spokesperson Rob Nichols told The Columbus Dispatch.

The amount of untested rape kits submitted to Ohio’s Bureau of Criminal Investigation exceeded 5,000.

Fewer than 1,000 died last year in traffic crashes across Ohio, the lowest number since the state began keeping track of the fatalities in 1936.

Bill Nye the Science Guy will debate evolution and biblical creationism at northern Kentucky’s Creation Museum on Feb. 4. Evolution is a scientific fact, but Creation Museum leader Ken Ham denies its existence.

Aaron Betsky announced yesterday he will step down as director of the Cincinnati Art Museum. The news follows Betsky’s controversial comments against the streetcar project in ArchitectMagazine.com, which Betsky expanded on in a separate blog post. CityBeat recently interviewed Betsky here.

The Cincinnati Bengals received an extension until 4 p.m. today to sell out tickets for Sunday’s game and avoid a television blackout in the Cincinnati area.

Strange lights sometimes precede earthquakes.

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by Hannah McCartney 11.12.2013
Posted In: Media, Media Criticism, News, Ethics, Courts, Police at 03:25 PM | Permalink | Comments (0)
 
 
defamation

Gannett Weekly Loses Appeal in Defamation Suit

Court upholds decision that the paper's 2010 statement was made with actual malice

A Sixth Circuit Court of Appeals judge has denied the Milford-Miami Advertiser's request to appeal a 2012 ruling that charged the Gannett-owned suburban weekly with defamation and ordered the paper to pay the defamed plaintiff $100,000 in damages.

In an article published in the Advertiser on May 27, 2010 titled "Cop's suspension called best move for city," the paper implicated Miami Township police officer James Young, who years before had been mired in legal trouble for accusations of sexual assault that were eventually disproven, in its article discussing another sex scandal in the area.

According to court documents, in 1997, Young was initially fired from his job after a woman named Marcie Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. An internal investigation revealed that the two had actually been engaged in a relationship prior and that Young had spent time at Phillips' house while on duty. The allegations, however, were entangled in questions about Phillips' character and concern that she could have been lying about the rape because the relationship between the two had recently ended on rocky terms.

When DNA testing on semen found on a rug in the woman's home proved that the DNA didn't match Young's, he was exonerated and reinstated to his position

The Advertiser article explained that Young had been terminated for sexual harassment, immoral behavior, gross misconduct and neglect in the line of duty and also stated that "Young had sex with a woman while on the job," which formed the basis for Young's defamation suit.

The 2010 article dealt with similar accusations lodged against Milford Police Officer Russell Kenney, who pleaded guilty to charges that he'd been having sex with Milford Mayor Amy Brewer while he was on duty on multiple occasions.

Kenney was suspended from his position for 15 days, but was later reinstated even though Milford's police chief planned to recommend his termination to avoid having to use an arbitrator to dissect the case.

Although the article is attributed to writer Kellie Giest, the lawsuit revealed that the paper's editor at the time, Theresa Herron, inserted the section of the article that went to trial. According to court documents, Herron added the paragraphs about Young to Giest's story because she felt the article needed more context about why the city wanted to avoid arbitration.

According to court documents from the suit Young filed against the Gannett Satellite Information Network, Gannett responded the to initial complaint by acknowledging that the statement was a defamation of character, but that the statement was made without actual malice on the part of Herron. There is a high legal threshold for plaintiffs to establish a defamation claim, which require the plaintiff to prove several elements beyond a reasonable doubt; for public officials, the threshold is even higher because they most prove that the offender acted with actual malice — in this case, knowing the claim about Young was false and printing it anyway — to win a lawsuit.

In its appeal, Gannett argued that Young, as a police officer, did not meet the threshold of a public official required to successfully establish a defamation claim and that Herron's inclusions were based on rational interpretations of documents on the case — even though Young denied having sex with plaintiff Marcie Phillips, he admitted the two had kissed and the arbitrator's report documented one instance in which Young was at Phillips' house while on duty.

In the court's opinion denying Gannett's appeal, Judge John Rogers writes that Herron admitted she had read the arbitrator's report from Young's case, which provided no evidence that Young and Phillips ever actually had sex at all.

"There was sufficient evidence for the jury to conclude that Herron was well aware that the statement she added to the article was probably false," it reads. "Herron was also reckless in failing to conduct any investigation beyond the records of the original case. She did not seek out Young for comment, nor did she talk to anyone involved in his case."

 
 
by German Lopez 10.31.2013
Posted In: News, Health care, Courts at 12:10 PM | Permalink | Comments (0)
 
 
kasich_2

Supreme Court Expedites Medicaid Expansion Case

Groups contest Gov. John Kasich’s decision to bypass legislature

The Ohio Supreme Court on Thursday expedited the 1851 Center for Constitutional Law’s challenge against the federally funded Medicaid expansion, which Republican Gov. John Kasich pushed through the Controlling Board, a seven-member legislative panel, despite resistance from the Ohio legislature.

The case will decide whether Kasich was constitutionally allowed to bypass the legislature to expand Medicaid eligibility to more low-income Ohioans. The 1851 Center says the Controlling Board isn’t allowed to go against the will of the legislature. The Kasich administration argues the Controlling Board can unilaterally accept federal funds.

With the case now expedited, both sides will submit their arguments on the merits of the case to the state’s highest court by Dec. 1.

Kasich tried for most of 2013 to get the expansion approved by the Ohio House and Senate, but he couldn’t convince Republican legislators, who control both chambers, to approve the plan.

But instead of accepting defeat, Kasich asked the Controlling Board to take up federal funds for the expansion. The board approved the funds on Oct. 21.

The legal complaint was filed on Oct. 22 on behalf of Republican State Reps. Matt Lynch, Ron Young, Andy Thompson, Ron Maag, John Becker and Ron Hood, Cleveland Right to Life and Right to Life of Greater Cincinnati.

Kasich, in a rare alliance with Democrats, says the Medicaid expansion is necessary to insure more low-income Ohioans and obtain federal Obamacare dollars that would go to other states if Ohio declined the expansion.

But Republican legislators say they’re concerned about the government’s involvement in the health care system and whether the federal government can afford to pay for the Medicaid expansion.

Under Obamacare, states are asked to expand Medicaid eligibility to reach anyone up to 138 percent of the federal poverty level, or individuals with an annual income of $15,856.20 or less. If states accept, the federal government will pay for the entire expansion through fiscal year 2016 then gradually phase down its payments to 90 percent of the expansion. In comparison, the Kaiser Family Foundation found the federal government paid for nearly 64 percent of Ohio’s Medicaid program in fiscal year 2013.

The expansion would fill a so-called “coverage gap” under Obamacare and Ohio law. Without it, parents with incomes between 90 percent and 100 percent of the federal poverty level and childless adults with incomes below 100 percent of the federal poverty level won’t qualify for either Obamacare’s tax credits or Medicaid.

The Health Policy Institute of Ohio (HPIO) previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If the expansion is approved beyond that, HPIO says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.

If the Ohio Supreme Court upholds the Controlling Board’s decision, the Medicaid expansion will go into effect in 2014 and cost the federal government nearly $2.6 billion, according to the Ohio Department of Medicaid.

 
 
by German Lopez 10.30.2013
Posted In: Museum, Mayor, News, Courts at 08:57 AM | Permalink | Comments (1)
 
 
mark mallory

Morning News and Stuff

Mallory touts city's turnaround, museum could get off taxes, county gets break on legal bill

During his final state of the city address yesterday, Mayor Mark Mallory touted Cincinnati’s nationally recognized economic turnaround, which began during his eight years as mayor. He also fought back against the neighborhoods-versus-downtown rhetoric that has permeated on the campaign trail in the past year; he pointed out that throughout his past two terms the city government both invested $529 million in neighborhoods and oversaw the revitalization of downtown and Over-the-Rhine. Looking to the future, Mallory said the city should use its federally mandated overhaul of the sewer system as an opportunity to bring in private investment that could revitalize the West Side and help build a bridge from the West Side to Kentucky, near the airport.

A new report found the Museum Center could wean itself off taxes, but the report says it should first more than triple its endowment and, perhaps by applying for historic tax credits, rebuild its crumbling Union Terminal home. The report comes at the request of county commissioners, who are discussing whether they should allow a property tax levy on the May ballot to help the museum. It finds that if Union Terminal is repaired and restored, the museum could afford to operate without taxpayer help.

If county commissioners agree to make the payment today, Hamilton County could get a 4-percent break on its $920,501 legal bill to Democratic Juvenile Court Judge Tracie Hunter and her legal team. The Hamilton County Board of Elections racked up the bill for the county after the board decided to contest Hunter’s legal challenge to count more than one-third of previously discarded provisional ballots, which were enough to turn the juvenile court election in Hunter’s favor. Hunter’s opponent at the time, Republican John Williams, eventually won a seat on the juvenile court through a different election.

City Council candidates have raised $2 million in the ongoing election cycle.

Ohio Secretary of State Jon Husted says that his office, with the help of county boards of election, has virtually eliminated duplicate voters from the rolls.

Traffic deaths in Ohio could hit a record low in 2013.

Graeter’s plans to open an ice cream parlor in Over-the-Rhine.

Here are seven gorgeous images of space from NASA.

Early voting is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended. If you don’t vote early, you can still vote on Election Day (Nov. 5). Check out CityBeat’s coverage and endorsements for the 2013 election here.

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by German Lopez 10.22.2013
Posted In: News, Courts, Health care, LGBT at 09:21 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

Medicaid expansion approved, local LGBT rights champion dies, judge's victory costs county

A seven-member legislative board yesterday accepted federal funding made available through Obamacare to expand Ohio’s Medicaid program to cover more low-income Ohioans for the next two years. Gov. John Kasich went through the Controlling Board, an obscure panel that typically handles less contentious budget issues, to get the federally funded Medicaid expansion after months of failing to convince his fellow Republicans to back the policy in the Ohio House and Senate. Most Republican state representatives, including local Reps. Lou Terhar, Louis Blessing and Peter Stautberg, signed a letter in protest of the tactic, and some groups are already discussing lawsuits. The Health Policy Institute of Ohio previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If legislators approve the expansion beyond that, the institute says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.

John Arthur, the Cincinnati man who helped lead a legal battle for same-sex marriage in Ohio, died today at the age of 48. Arthur was diagnosed with amyotrophic lateral sclerosis in 2011, and the fatal neurodegenerative disease pushed Arthur and his partner Jim Obergefell to hasten their battle for LGBT equality and recognition in the eyes of the law. After the couple married in Maryland, they sued the state to recognize their marriage on Arthur’s death certificate — a request granted in July by U.S. District Court Judge Timothy Black, less than one month after the U.S. Supreme Court struck down the federal Defense of Marriage Act, which previously barred same-sex marriages at the federal level.

The 18-month legal battle over the 2010 juvenile court election between Juvenile Court Judge Tracie Hunter and the Hamilton County Board of Elections will cost the county more than $920,000. Hunter, a Democrat, ultimately won the lawsuit and recount. Her 2010 opponent, Republican John Williams, eventually got another seat in the juvenile court through an appointment and subsequent election.

Teen drivers remain one of Ohio’s most at-risk groups for traffic accidents, according to the Ohio State Highway Patrol (OSHP). Between 2010 and 2012, teen drivers were at fault for nearly 101,000 accidents resulting in more than 44,000 injuries and 299 deaths. In total, teens were responsible for roughly 10 percent of fatal crashes. To address the issue, OSHP is advising teen drivers and their parents on safety basics, such as following the speed limit and wearing a seatbelt, and promising to encourage better behavior through enforcement.

Speaking to investors on Friday, Caesar’s Entertainment, the operator of Cincinnati’s Horseshoe Casino, disclosed the details of a federal money-laundering investigation and said it previously withdrew a request for a gaming license in Massachusetts after investigators there questioned past business practices. Ohio officials reportedly told WCPO they’re reviewing the investigations.

In September, Cincinnati year-over-year home sales increased for the 27th consecutive month.

Cincinnati’s Spring Grove Cemetery removed a SpongeBob SquarePants headstone for an Iraq War veteran because officials deemed it inappropriate.

The Cincinnati Reds will replace former manager Dusty Baker with pitching coach Bryan Price, reports The Cincinnati Enquirer.

A new study found no known species matches the expected profile of a shared ancestor for humans and Neanderthals.

Early voting for the 2013 City Council and mayoral elections is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended.

On Oct. 29, local residents will be able to give feedback to Cincinnati officials about the city budget — and also nab some free pizza. The open budgeting event is from 6 p.m. to 8:30 p.m. on Oct. 29 at 1115 Bates Ave., Cincinnati.

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by German Lopez 10.16.2013
Posted In: News, Homelessness, Courts at 03:15 PM | Permalink | Comments (1)
 
 
county courthouse

Homeless Sue County Over Courthouse Eviction Policy

Advocates say tactic focuses on the wrong problem

Homeless advocates gathered in front of the Hamilton County Courthouse on Wednesday to speak out against the county sheriff’s attempts to evict homeless people sleeping at the courthouse and Hamilton County Justice Center with the threat of jail time.

The press conference came on the same day that four local homeless filed a lawsuit in federal court claiming Hamilton County Sheriff Jim Neil’s new policy is cruel and unusual because it punishes people for being homeless.

Major Charmaine McGuffey, head of the Hamilton County Justice Department, says the policy is necessary to address a public health issue. She explains that every morning county officials are forced to clean up urine and feces left by the homeless the night before, and often the county doesn’t have the resources to completely disinfect the areas.

Josh Spring, executive director of the Greater Cincinnati Homeless Coalition, says county officials should stop using taxpayer money to address public defecation and focus on the state of the economy. Hes asking locals to tell county officials, “I want my government to invest in jobs and housing, not in pushing people to the margins.”

If the policy remains, Spring says the county could at least compromise and hold enforcement until the winter shelter opens, which would provide another housing opportunity for many of the homeless people who currently rely on county buildings for a safe spot to sleep.

McGuffey says the current timeline for the winter shelter opening — two months — is too much time to wait for what she describes as a public health issue. She says it’s also unclear whether local organizations, which are still gathering funds for the shelter, will have enough money to open it.

At the press conference, Spring was joined by several homeless people who shared their experiences. All the speakers echoed a similar theme: They’re not homeless by choice, and they only sleep on county property because it’s much safer than the alternatives, such as alleys and abandoned buildings.

McGuffey insists no one is trying to demonize homeless people. She says officers try to link homeless people with local human services when possible. Some of that outreach is already underway through trained officers and neighborhood liaisons, and starting next week the county will bring in a trained mental health professional to act as an advocate and outreach coordinator.

But if help can’t be found, McGuffey says officers have to threaten arrest to invoke a sense of immediacy” or homeless people might never leave the properties and the public health issue would go unaddressed.

So far, the sheriff’s office sees the program as successful. Over the past four weeks, it’s brought down the amount of homeless people camping out at the Hamilton County Courthouse and Justice Center each night from 40 to 12, according to McGuffey. She says the reductions exemplify people who were redirected to human services, but there’s no hard evidence showing those people actually got help or whether the reduction is temporary.

Spring says there aren’t enough human services to get all of the city’s homeless help. That, he claims, is the real problem that needs local officials attention.

Over the past decade, City Council fell far short of its funding goal for human services, which aid homeless and low-income Cincinnatians.

Several council candidates, including Chris Seelbach, Greg Landsman and Mike Moroski, say increasing human services funding to 1 percent of the operating budget will be a priority for them over the next few years. The increase would represent an improvement, but it would still fall short of the city’s 1.5 percent goal.

Meanwhile, Strategies to End Homelessness aims to reduce homelessness in Hamilton County from more than 7,000 to roughly 3,500 over the next five years through an initiative backed by the city and county.

As part of Homelessness Awareness Month, Spring and other advocates will march in support of homeless causes later this month. The march will begin at 3 p.m. on Oct. 26 at 1300 Vine St. in Over-the-Rhine.

The lawsuit:


 
 
by German Lopez 09.04.2013
Posted In: News, Courts, Parking at 10:53 AM | Permalink | Comments (0)
 
 
coast_online

Ohio Supreme Court Rejects Parking Lease Challenge

Decision also keeps city’s emergency powers intact

The Ohio Supreme Court today rejected an appeal for a legal challenge that threatened Cincinnati’s parking plan and the city’s emergency powers.

The lawsuit, which was backed by the conservative Coalition Opposed to Additional Spending and Taxes (COAST), claimed the city could not bypass a referendum on its plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority by invoking an emergency clause.

City Council regularly uses emergency clauses on passed legislation to bypass a 30-day waiting period for implementing laws. The clauses also make legislation immune to a referendum.

COAST, which opposes the city’s parking lease, argued the City Charter doesn’t clearly define emergency clauses to deny a referendum.

Hamilton County Judge Robert Winkler sided with COAST in the first round, but the ruling was appealed and the Hamilton County Court of Appeals ultimately ruled in favor of the city.

With the Supreme Court’s refusal to hear an appeal, the appeal court’s ruling stands.

City Solicitor John Curp applauded the decision in an email to various media outlets.

“I believe that politics belong in the legislative branch of government and not in our courts. This decision reaffirms that politics should stay on the Council floor and short-term political interests not be dragged through the judiciary where the consequences can have a long-standing impact on the public safety and economic interests of the City,” Curp wrote. “Consistency in interpreting long-standing legal rules is important in promoting a vibrant business climate in the City. The Courts have reaffirmed that the City of Cincinnati is free to operate at the speed of business.”

COAST is now trying another legal challenge against the city’s parking lease. This time, the conservative group is claiming that the city manager made “significant and material” changes to the lease without City Council approval.

Curp declined to take up the second legal challenge after concluding that the changes made to the lease were ministerial and a result of delays caused by COAST’s first legal challenge. But by having its proposed challenge denied, COAST gained the legal rights to sue the city over the issue.

Supporters of the parking lease argue the plan is necessary to leverage the city’s parking meters, lots and garages to finance development projects that will grow the city’s tax base.

Opponents claim the lease gives up too much control over the city’s parking assets and will hurt businesses by causing parking rates and enforcement hours to rise.

CityBeat covered the controversy surrounding the parking lease in further detail here.

 
 
by German Lopez 08.27.2013
Posted In: News, Governor, Courts, Privacy at 09:09 AM | Permalink | Comments (0)
 
 
gilligan

Morning News and Stuff

Former governor dies, facial recognition program criticized, county prosecutor mocks court

Former Gov. John Gilligan, a Cincinnati Democrat best known for winning the creation of the state income tax, died at 92 yesterday. Gilligan’s most lasting accomplishment was also what doomed his career; the state income tax was unpopular when it passed, even though it allowed Gilligan to boost funding for education, mental health and law enforcement programs. Gilligan’s political career began in Cincinnati Council. From there, he rose to U.S. representative and then governor.

The American Civil Liberties Union of Ohio yesterday asked Attorney General Mike DeWine to shut down a facial recognition program used by law enforcement until state officials verify and develop safety protocols that protect Ohioans’ rights to privacy. DeWine formally unveiled the program in a press conference yesterday. It allows police officers and civilian employees to use a photo to search databases for names and contact information. Previously, law enforcement officials needed a name or address to search such databases. The program has been live for more than two months and so far used for 2,677 searches, but until now it was kept hidden from the public and hasn’t been checked by outside groups for proper safety protocols.

Hamilton County Prosecutor Joe Deters stepped down as Hamilton County Juvenile Court Judge Tracie Hunter’s attorney and called her handling of the court a “judicial circus.” Hunter has been mired in controversy ever since she took the bench: She was found in contempt by a higher court, and she’s been sued multiple times by media, including four times by The Cincinnati Enquirer. Deters, who under state law had to legally represent Hunter, said the legal troubles were too much, but his stepping down also complies with Hunter’s wishes to find her own hand-picked attorney.

The University of Cincinnati is one of the top colleges where students can get the most out of their money, according to PolicyMic. UC performs better than average in the graduation rate, debt at time of graduation, percentage of undergraduate students receiving Pell grants and starting salary after graduation, yet the school manages to stay only slightly above the national average for tuition and board and room costs.

Mayor Mark Mallory previously approved eliminating city parking requirements, which should allow residential development projects to greatly reduce or completely toss out parking space mandates downtown. “The goal of the ordinance is to encourage development in the urban core by permitting developers to determine their own parking needs for downtown developments,” said Councilwoman Yvette Simpson. “I firmly believe that the market will work to meet parking demands better than government minimum parking requirements.”

The tax changes passed in the state budget earlier this year, including an income tax cut and sales tax hike, will go into effect on Sept. 1. The changes have been criticized for favoring the wealthiest Ohioans, as CityBeat covered in further detail here.

Gov. John Kasich approved tax credits that are expected to create more than 591 jobs statewide, with at least 40 of the jobs being created at the Benjamin Steel Company in Cincinnati.

Nearly one in five workers at Ohio casinos has quit or been fired. High turnover isn’t unusual in the casino business, but the numbers give a clearer glimpse at the volatility.

Piloting a military drone can apparently take quite the psychological toll.

 
 

 

 

 
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