The city of Cincinnati and Occupy protesters have reached a legal settlement that will erase criminal charges against protesters and designate part of Piatt Park a 24-hour public space for one year. The open space will still be subject to park rules, which include the “prohibition or restriction on noise, encampments, open flames, tents, and common law nuisance principles.”
The Enquirer reported
today that the settlement was expected to be filed in court this morning. The settlement will end protesters’ federal lawsuit
against the city, which was based on the First Amendment right to
peaceably assemble. The far eastern section of the park, which is
where Occupy Cincinnati set up its encampment starting in October and
where many of the arrests occurred, will reportedly be designated a
12-hour public space for one year beginning 10 p.m. March 19.
Should the city refuse to extend the Open Period, Occupy protesters are allowed to institute a new lawsuit challenging the park rules.
The city has agreed to install new signage at the park noting its modified closing time and will install signage or placards at least 14 days prior to the open time’s scheduled expiration at 11:59 p.m. March 18, 2013.
The city retains the right to terminate the Open Period should park rules not be followed. According to the lawsuit:
Consistent and persistent violations of Park Board Rules and/or generally applicable laws which constitute a public nuisance under Chapter 3767 of the Ohio Revised Code, including without limitation any conduct in violation of prohibitions or restrictions on noise, encampments, open flames, or tents, shall constitute a breach of this Agreement. As a remedy for such breach, the City may terminate the Open Period prior to the expiration date set forth in Section 3 above by obtaining an order from a court of competent jurisdiction enjoining any such nuisance and finding that termination of the Open Period is necessary to abate any such nuisance.
City Hall will appoint an individual to function as the liaison of the Park Board and schedule a public meeting within 60 days and another within 180 days to accept public input.
No matter what you think about her, you’ve at least got to admire her spunk.
Perennial candidate Sandra “Queen” Noble has suffered another defeat at the polls. Noble ran in the Libertarian Party’s primary Tuesday to be the nominee for Ohio’s 1st Congressional District seat.
Noble received just 20 votes (12.74 percent of ballots cast) and lost to Jim Berns, who got 137 votes (87.26 percent).
Berns will face off against U.S. Rep. Steve Chabot (R-Westwood), the Republican incumbent, in the November election. Others in the race are Democratic candidate Jeff Sinnard and Green Party candidate Rich Stevenson.
For comparison, Chabot got 57,005 votes in Tuesday’s primary, while Sinnard got 4,509 and Stevenson got 91.
Regular CityBeat readers are familiar with Noble, who ran as an independent last year for Cincinnati City Council. She received 2,726 votes, and finished in 21st place.
During that election, Noble responded to CityBeat’s questionnaire to candidates, but her answers didn’t always connect to the queries posed. For example, when she was asked about a garbage fee proposed by City Manager Milton Dohoney Jr., Noble replied, “He's a morpher, over-charging folks for the grand larceny committed by public and staff officials dipping in the till. In '05, I ran for mayor. I offered a guaranteed cure for male-pattern baldness. I'd still do Mr. Dohoney, damn!”
Also, she became known for her unusual public appearances and actions on the campaign trail, such as dressing in a makeshift cat tail and cat ears, and drawing whiskers on her face. In a candidate biography, she described herself as a “fashion designer in Walnut Hills who designs tails, which she wears.”
At one memorable candidate forum, Noble left the room by walking across the table tops where people were seated in the audience. She also has a personal injury lawsuit against the “Stolen United States of America,” in which she’s seeking “$994 trillion” in damages.
Noble, 56, previously ran unsuccessfully for Cincinnati mayor in 2005, receiving 121 votes; and for Congress in Washington, D.C., in 2010, receiving 785 votes.
Additionally, she was a candidate for U.S. president in 2004 and 2008, ran for mayor in Las Vegas and Los Angeles, and ran for Los Angeles City Council, according to Project Vote Smart.
Cincinnati City Councilman P.G. Sittenfeld wants his colleagues to approve a police recruit class for next year, the first since June 2008.
There currently are 1,022 sworn officers in the Cincinnati Police Department, along with 115 non-sworn staff. The high-mark during the past decade occurred in 2008, when there was a total of 1,148 sworn officers and 229 non-sworn staff.
By November 2013, based on department retirement projections and without the addition of a new recruit class, the Police Department's complement will be down to 964 sworn officers — 184 fewer sworn officers than in 2008.
“By the end of 2014, without the addition of a recruit class, our police force will be 197 officers below the authorized complement level,” Sittenfeld wrote in a memo to his colleagues.
“The Police Department has communicated the importance of a recruit class as a simple reflection of the numbers,” he added. “In the same way that council has needed to be realistic about our highest police staffing levels being financially unsustainable, we must also be realistic about how low we can allow staffing levels to fall and still provide the service that is expected.”
Other council members haven’t yet weighed in on the issue, which is a topic that likely will be brought up during budget hearings later this year.
O’l girl Leslie Ghiz is back on local government’s payroll after being hired by Hamilton County Prosecutor Joe Deters, which will allow her to run in a judicial race as a badass crime-fighting prosecutor (The Enquirer’s words, not mine). Deters, of course, is the former chairman of the Hamilton County Republican Party and Ghiz is the former City Council woman who was voted out last fall and then decided to move out of Cincinnati.
Tim Burke, head of the Hamilton County Democratic Party called the move “political as hell,” while Ghiz had Deters’ spokeswoman explain how Deters’ office is still allowed to hire one more lawyer if it wants to.
Ghiz will earn a $55,000 salary, down from $60,000 she made in the part-time position of City Councilperson.
Gov. Kasich is apparently really proud of the new energy goals he outlined yesterday, as evidenced by the 15 press releases he's sent to the media since then. Kasich: We have other stuff to write about other than your thoughts on how cool it is that someone called Ohio “the Saudi Arabia of coal.”
Cincinnati Police Chief James Craig would like to skip the police certification process even though he wouldn’t be able to arrest people if he does.
Riverbend has gone the way of 1970’s Riverfront Stadium, installing artificial turf on its concert lawn.
Milford 15-year-old Eben Franckewitz was voted off American Idol island last night, not quite reaching the round of 13. Good try, Eben!
Oh snap! Obama on Iran: “I don’t bluff.”
Unfortunately, Mitt Romney and Rick Santorum are coming to Ohio, and they’re reportedly “neck-and-neck.”
A mentally disabled South Carolina man who has been on death row for 30 years could soon be out of prison for a bond hearing. Edward Lee Elmore’s sentence has already been overturned three times and reduced from the death sentence to life in prison. From The Washington Post:
As other death row inmates were exonerated because of new DNA testing technology, Elmore’s attorneys asked a judge in 2000 to overturn his convictions because a blond hair found on Edwards after her death did not match her or Elmore.
Elmore’s lawyers thought the blond hair may have belonged to Edwards’ next-door neighbor and they asked a judge to exhume the man’s body to test his DNA, but a judge denied the request.
It wasn’t until 2010 that Elmore began to see his fate turn around. A South Carolina judge ruled he was mentally unfit and could not be executed, per a 2002 ruling by the U.S. Supreme Court.
State prosecutors didn’t oppose a judge’s decision to sentence him to life in prison, and Elmore was, after 28 years, moved from the state’s death row to another maximum-security prison.
Weather services (and people know what the sky is supposed to look like) are concerned about tornadoes in the Midwest today. Most worrisome are extreme southern Indiana, central Kentucky and north-central Tennessee, with storms expected across the Gulf Coast states afterward.
Google offers some answers to questions about its weird privacy changes.
Oh, and it’s Bockfest Weekend. Grab your digital camera and the biggest mug you can find.