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by German Lopez 08.14.2013
Posted In: News, Courts, Emery Theatre at 02:55 PM | Permalink | Comments (1)
 
 
news1_emerytheater_mpmf2012_amydeaton

Requiem Could Be Evicted from Emery Theatre Following Ruling

Judge says case is too early to call either way but refuses to grant restraining order

Hamilton County Judge Carl Stitch today ruled against granting a temporary restraining order that would prevent the trio that owns and leases the Emery Theatre from evicting the nonprofit seeking to renovate the building.

The ruling comes as a minor victory to the University of Cincinnati, Emery Center Apartments Limited Partnership (ECALP) and the Emery Center Corporation (ECC), the groups that own and lease the Emery Theatre, and a loss to the Requiem Project, the nonprofit formed in 2008 to restore the theater to its former glory.

Still, Stitch cautioned that both sides potentially have a case and the rejection shouldn’t be seen as indicative of who will ultimately win the legal battle.

Given the ruling, both sides agreed to come back to the judge in 30 days with a status report on what their legal intentions are going forward.

Requiem argued that it needs the temporary restraining order to continue with the momentum the organization has built to renovate the theater. The nonprofit says it needs a permanent lease to use and raise funds that would go toward restoring the theater, which is cited as one of the few “acoustically pure” complexes in the nation.

On the other side, the various groups that own and lease the Emery Theatre claimed Requiem has shown little progress in raising funds to renovate the building. They said they would still like to see the theater restored, but not under the management of Requiem.

UC also continued denying any direct involvement in the case, instead arguing that ECALP handles the Emery building in its entirety for the university.

Tina Manchise and Tara Gordon, the two women who founded Requiem, said after the hearing that the three organizations are trying to eschew responsibility by pointing fingers at each other. In particular, they pointed out that UC has consistently claimed a lack of culpability, yet it’s also getting involved by asking the city to take over the building.

Last week, emails revealed that UC is offering to give the Emery Theatre to the city. UC Vice President of Governmental Relations Greg Vehr wrote in a June 21 email to Councilwoman Laure Quinlivan that giving the building away would allow the university to avoid becoming “a lightning rod in the private dispute between (ECC and ECALP) and the Requiem Project.”

If the city takes over the building, the legal dispute would likely become unnecessary and Requiem would probably be allowed to carry on with its plans.

For an in-depth look at the situation and history between Requiem and UC, ECALP and ECC, check out CityBeat’s original coverage here.

 
 
by German Lopez 07.22.2013
Posted In: News, LGBT, Guns, Courts at 09:27 AM | Permalink | Comments (0)
 
 
peter beck

Morning News and Stuff

Local Republican indicted, gay couple sues state, Ohio PAC buying Zimmerman a gun

The speaker of the Ohio House is asking a local state representative to resign after he was indicted on 16 counts of fraud. State Rep. Peter Beck, a Mason Republican, already faces a maximum of 43 years in prison if he’s convicted on all the counts, but Ohio Attorney General Mike DeWine says the ongoing investigation might produce more charges. The charges are a result of Beck’s alleged actions involving an Ohio software company called Christopher Technologies, which investors claim bilked them out of $200,000.

Claiming discrimination, a newlywed same-sex couple is suing the state of Ohio for failing to recognize their marriage. Jim Obergefell and John Arthur were married in Maryland, but the couple lives in Cincinnati, Ohio, where same-sex marriage is banned by the state constitution. The couple’s attorney claims the state should be forced to recognize the marriage because of Fourteenth Amendment protections extended to gay couples by the Supreme Court’s recent ruling on the Defense of Marriage Act (DOMA). Arthur was diagnosed in 2011 with amyotrophic lateral sclerosis (ALS), a neurological disease that causes muscles to rapidly deteriorate, and he’s currently bedridden as a result. Given Arthur’s health, the couple will argue for an expedited ruling at a hearing at 1:30 p.m. today in front of U.S. District Court Judge Timothy Black.

The Buckeye Firearms Association is raising money to buy a gun for George Zimmerman, who was acquitted of second-degree murder in the murder trial of black 17-year-old Trayvon Martin. Zimmerman’s gun is currently being held by the U.S. Department of Justice as it investigates further charges.

Councilman P.G. Sittenfeld and 100 members of the Children’s Defense Fund will meet at Washington Park at 1 p.m. today to rally against gun violence in Cincinnati. The group plans to march to City Hall, where they will listen to students suggestions for making the city a safer place to visit and reside.

A state representative introduced a bill that would allow some public university students to forgo traditional tuition and instead pay for their college education through a percent of their income for 24 years after they graduate.

An Ohio health aide is being sent to prison for Medicaid fraud.

Ohio gas prices are down this week.

In a desperate bid to save the endangered Sumatran rhino, the Cincinnati Zoo is attempting to breed a brother and sister.

If you think the recent heat has been bad, Popular Science has a humbling list of the 10 worst places to live in the universe.

 
 
by German Lopez 07.18.2013
Posted In: News, Parking, Streetcar, Courts at 09:08 AM | Permalink | Comments (1)
 
 
city hall

Morning News and Stuff

Parking lease facing legal dispute, critical memo dismissed, mayor to attend streetcar social

In a letter to the city solicitor, a conservative organization is threatening more legal action to stop the city’s plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority. The Coalition Opposed to Additional Spending and Taxes (COAST) claims the city manager exceeded his authority when he made two “significant and material” changes to the lease agreement after City Council approved the deal in March. If the city solicitor doesn’t take up the legal challenge, COAST could sue the city by itself. Supporters of the parking lease argue it’s necessary to fund development projects in the city and modernize the city’s parking services, but opponents say it gives up too much control over the city’s parking meters, lots and garages and will hurt businesses downtown.

The Business Courier reports that a critical parking memo was supposed to provide a “strike point” for negotiations between the Port Authority and Xerox, which will manage the city’s parking meters under a lease agreement. But the city administration didn’t begin sharing the June 20 memo with anyone else, including the Port Authority, until July 12, after council members and media outlets began asking the city administration about it. The memo suggested the city is getting a bad deal from the parking lease agreement and overpaying Xerox. Port and city officials argue the memo relied on outdated information and made technical errors.

Mayor Mark Mallory will today join fellow streetcar supporters at Rhinegeist Brewery to discuss the streetcar project’s latest news and future. The city on July 15 set an opening date of Sept. 15, 2016 after finalizing a construction contract with Messer Construction, Prus Construction and Delta Railroad, which was made possible after City Council closed a $17.4 million budget gap in June. CityBeat recently debunked some of the misrepresentations surrounding the streetcar project here.

Commentary: “Zimmerman Reactions Overlook Broader Racial Issues in America.”

Public access media organization Media Bridges is shutting down following city and state funding cuts. The organization’s demise is a great loss to producers like Rufus Johnson, who used its resources for years. The city picked up Media Bridges’ funding after the state eliminated a fund that was provided by Time Warner Cable, but even the local funding was fully cut in the budget passed in May. City officials have justified the cuts by pointing to citizen surveys that ranked Media Bridges poorly in terms of budgetary importance, but a CityBeat analysis found the surveys were skewed against the low-income Cincinnatians that benefit the most from public access programs like Media Bridges.

State Rep. Peter Beck, a Republican from Mason, is facing multiple felony charges related to securities fraud. A lawsuit filed in Hamilton County by investors alleges that money invested at the request of Beck and others was used for personal gain — specifically, Beck’s campaign — instead of a business investment as originally intended. Beck has been in power since 2009, and his current term is set to expire in 2014.

A former poll worker was sentenced to five years for voter fraud after she voted twice for herself and three times for her sister, who’s been in a coma since 2003.

The driver who last August accidentally hit and killed a local cyclist is awaiting his sentence. Local bike advocacy groups are asking courts to give the maximum penalty to the driver, who’s facing at most six months in jail and a $1,000 fine.

The local housing market is rapidly recovering in a continuing good sign for the economy, with single-family home permits up 48 percent in June compared to the year before, according to the Home Builders Association of Greater Cincinnati.

Cincinnati Reds games are No. 3 for local TV ratings in all of Major League Baseball, behind only the Detroit Tigers and St. Louis Cardinals.

Xavier University is laying off 31 employees and cutting 20 currently vacant positions.

A Miami University student is getting an astronaut scholarship, making him one of 28 students nationwide to receive the honor.

Entrepreneur says Cincinnati is an “unexpected hub for tech startups.”

A new self-aiming rifle would outshoot human snipers.

Popular Science has a guide for arguing against anti-vaccine crazies here.

 
 
by German Lopez 07.17.2013
Posted In: News, Parking, Courts at 08:58 PM | Permalink | Comments (0)
 
 
coast_online

Parking Lease Facing Another Legal Challenge

Conservative group claims city manager exceeded authority with changes

In a letter to the city solicitor, a conservative organization is threatening more legal action to stop the city’s plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority.

The Coalition Opposed to Additional Spending and Taxes (COAST) claims the city manager made “significant and material” changes to the lease agreement after City Council approved the deal in March. That, the letter states, exceeds the city manager’s authority.

The two changes in question: First, the city changed the original June 30 deadline for issuing bonds that will finance the deal to a less specific 90-day period that will kick in once the agreement is in full effect. Second, the city added sections that allow the Port to review and potentially terminate the lease within 75 days.

The changes were made after another legal challenge delayed the leases implementation.

The letter asks City Solicitor John Curp to review the allegations and sue the city. If he doesn’t, COAST would gain the legal standing necessary under Ohio law to sue the city by itself.

“The law requires that before a lawyer can sue the city and ask taxpayers to pay his fees he must send a letter of this type,” Curp explained in an email.

Curp also wrote that the city will review the allegations and respond within a month.

“Today’s letter is an attempt to comply with part of the legal process that would allow the authors to claim attorneys fees from taxpayers,” he wrote. “The Law Department will review the issues raised, attempt to engage the authors constructively and respond appropriately. The policy of the Law Department is to defend aggressively against claims from lawyers that seek taxpayers dollars to fund their litigation against the City of Cincinnati.”

COAST is pursuing the legal challenge as a longtime critic of the parking lease. The organization supported the previous lawsuit against the lease, which an appeals court struck down.

The letter comes in the middle of another controversy over a June 20 memo that the city administration kept from the public, Port Authority and City Council for three-plus weeks, until council members and media outlets enquired about it. The memo suggested the city is getting a bad deal from the lease agreement. Port and city officials argue the memo made technical errors and used outdated information.

Under the parking lease, the city will receive a $92 million lump sum and at least $3 million in annual payments, according to city estimates.

Supporters of the parking lease argue it’s needed to raise funds for development projects and modernize the city’s parking services.

Opponents say the lease gives up too much control over the city’s parking meters, lots and garages and will hurt businesses downtown by causing meter rates and operation hours to go up.

 
 
by German Lopez 06.26.2013
Posted In: News, LGBT Issues, Courts at 12:05 PM | Permalink | Comments (1)
 
 
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Local, State Leaders React to LGBT Rulings

U.S. Supreme Court strikes down federal ban on same-sex marriage

The U.S. Supreme Court today struck down the federal Defense of Marriage Act (DOMA) in a ruling that effectively requires the federal government to recognize same-sex marriages for couples who reside in states where same-sex marriage is legal.

The DOMA ruling also sets a powerful historical precedent by extending equal protection rights to gay and lesbian individuals.

In another ruling, the Supreme Court vacated a case on California’s Proposition 8, which banned same-sex marriage in that state, and effectively sent the case back down to a lower court that deemed Proposition 8 unconstitutional. The ruling means California will likely begin giving marriage licenses to same-sex couples, but the ruling’s effects will not go beyond California’s borders.

For gay and lesbian Ohioans, the DOMA ruling adds yet another incentive to legalize same-sex marriage in the state. If FreedomOhio’s efforts to get the issue on the ballot in 2014 are successful, Ohio’s gay couples will have their marriages recognized at all levels of government. (The group previously aimed for 2013, but it now says it needs more time.)

So far, it remains unclear whether the ruling will extend to same-sex couples who get married in other states but live in Ohio. If so, Ohio gay couples could get married in Massachusetts, return to Ohio and be eligible for federal marriage benefits — but not state marriage benefits. Legal experts and federal officials will surely debate the issue in the coming months to develop a clearer answer.

Still, there’s been a lot of cheering and jubilation about the historical rulings, which are widely seen as victories for LGBT rights. Below are some of those reactions from local and state leaders, gathered through interviews and statements.

Also, make sure to check out CityBeat's Pride Issue for more coverage on LGBT issues.

Councilman Chris Seelbach, Cincinnati’s first openly gay council member:

“It’s pretty amazing. Just as President Obama when he announced his support for marriage equality, this feels like just as much of a milestone, if not more because of the legal significance of the rulings. This is proof that the tides have turned and the laws are changing. We are realizing full equality for LGBT people across this entire country.”

“The fact that they used the equal protection clause means this case will be used across the country for every type of law that has an impact on LGBT people. The Supreme Court just set a new precedent for the rights of any government to discriminate against gays and lesbians. It’s far broader than just the repeal of DOMA, which in itself is an incredible feat. But the precedent that it’s setting for scrutiny on the basis of sexual orientation will have an effect on laws throughout this country for decades to come.”

Ian James, co-founder of FreedomOhio:

“We are elated that the Supreme Court has repealed DOMA and in effect rejected Proposition 8. These decisions are proof that the tide of acceptance for all couples is turning in this country, and we have taken two more important steps toward true equality.

“This important moment, however, does not change the reality that Ohio still has a constitutional amendment banning same-gender marriage. Ohio voters can address the civil rights issue of our generation by voting for the Freedom to Marry and Religious Freedom amendment. We are elated and our resolve has been doubled to collect signatures. The journey continues. We will bring marriage equality to Ohio in November, 2014.”

Chris Redfern, chairman of the Ohio Democratic Party:

“I’m deeply thankful that the Defense of Marriage Act has finally been struck from our country’s books, and that millions across the nation and Ohio are one step closer to equal and fair treatment under the law. DOMA implemented discrimination into the highest law of the land, and it’s a great day that this ugly reminder of a different time is finally gone.

“Ohio Democrats are honored to stand with our LGBT brothers and sisters in the fight to earn marriage equality for all, and continue our march to overcome the prejudice of the past. But despite our victories across the nation, Ohio Republicans in the Statehouse and Governor’s office remain committed to keeping prejudice enshrined in law.”

John Boehner, U.S. Speaker of the House and Republican from West Chester, Ohio:

“Congress passed the Defense of Marriage Act on an overwhelmingly bipartisan basis and President (Bill) Clinton signed it into law. The House intervened in this case because the constitutionality of a law should be judged by the Court, not by the president unilaterally. While I am obviously disappointed in the ruling, it is always critical that we protect our system of checks and balances. A robust national debate over marriage will continue in the public square, and it is my hope that states will define marriage as the union between one man and one woman.”

German Lopez, gay staff writer at CityBeat:

“Cool.”

Danny Cross, CityBeat editor:

DOMA was a real horseshit piece of legislation, and we're happy those old bastards in the Supreme Court did the right thing.

Update (1:47 p.m.): Added more reactions.

 
 
by German Lopez 06.12.2013
Posted In: News, Privatization, Budget, Courts at 02:23 PM | Permalink | Comments (0)
 
 
downtown grocery

Court Sides with City on Parking Plan

City plans to move forward as some council members suggest a repeal

In a 2-1 ruling today, the Hamilton County Court of Appeals reversed a lower court’s ruling and said the city’s plan to semi-privatize its parking assets is not subject to a referendum and may move forward.

But opponents are pushing for a stay on the ruling as they work on an appeal, which could put the case in front of the Ohio Supreme Court.

For the city, the ruling means it can potentially move forward with leasing parking meters and garages to the Greater Cincinnati Port Authority for a one-time payment of $92 million and an estimated $3 million in annual increments. The city originally planned to use the funds for development projects, including a downtown grocery store and the uptown interchange, and to help balance the city’s budget for the next two years.

But critics, including those who led the referendum efforts, are calling on the city to hold off on the lease. They argue the plan, which raises parking meter rates and expands meters’ operation hours, will hurt downtown business.

In a statement, City Manager Milton Dohoney praised the ruling, but he clarified that the city will not be able to allocate parking plan funds until potential appeals of todays ruling are exhausted or called off.

“The City cannot commit the money in the parking plan until there is legal certainty around the funds. Once there is legal certainty, the Administration will look at the budget to determine if there are items that may need to be revisited and bring those before Members of City Council, as appropriate,” he said.

Jason Barron, spokesperson for Democratic Mayor Mark Mallory, says the city will now be able to re-evaluate current plans for the budget and other projects.

“Council will get a chance to look at the budget again and undo some of the stuff that they’ve done, but some of the cuts will definitely stay — that way we continue to move towards balance,” he says.

But first, the city must follow through with legal processes to get Judge Robert Winkler’s original order on the parking plan lifted, which will then allow the city and Port Authority to sign the lease.

Already, some council members are pushing back. Following the ruling, Democratic council members Chris Seelbach and Laure Quinlivan announced that they plan to introduce a motion that would repeal the parking plan.

But Barron says City Council would need six out of nine votes to overrule Mallory and other supporters of the parking plan, which he says is unlikely.

At today’s City Council meeting, Quinlivan and Seelbach were unable to introduce the motion, which has five signatures, because the motion requires six votes for immediate consideration and to overrule the mayor, who opposes a repeal. The motion also needs to be turned into an ordinance to actually repeal the parking plan.

In a statement, Democratic mayoral candidate John Cranley criticized the ruling and city. He said the plan should be subject to referendum: “This decision affects an entire generation and shouldn’t be made by people who are trying to spend a bunch of money right before an election, while leaving the bill for our kids to pay.”

Democratic Vice Mayor Roxanne Qualls, who is also running for mayor, praised the ruling in a statement.

My goal is that proceeds from the parking proposal are used to put the city on a path to a structurally balanced budget by 2017,” she said.

Qualls said she will introduce a motion that calls on the city administration to draw up a plan that would use parking funds on long-term investments that support long-term fiscal sustainability,” including neighborhood development, other capital projects, the city’s reserves and the city’s pension fund.

The ruling also allows the city to once again use emergency clauses, which the city claims eliminate a 30-day waiting period on implementing laws and make laws insusceptible to referendum.

Judges Penelope Cunningham and Patrick DeWine cited legal precedent and the context of the City Charter to rule the city may use emergency clauses to expedite the implementation of laws, including the parking plan.

“Importantly, charter provisions, like statutes and constitutions, must be read as a whole and in context,” the majority opinion read. “We are not permitted — as the common pleas court did, and Judge Dinkelacker’s dissent does — to look at the first sentence and disassociate it from the context of the entire section.”

Judge Patrick Dinkelacker dissented, claiming the other judges are applying the wrong Ohio Supreme Court cases to the ruling.

“In my view, the charter language is ambiguous and, therefore, we must liberally construe it in favor of permitting the people of Cincinnati to exercise their power of referendum,” Dinkelacker wrote in his dissent.

The parking plan leases the city’s parking meters and garages to the Port Authority, which will use a team of private operators from around the country — AEW Capital, Xerox, Denison Parking and Guggenheim — for operations, technology upgrades and enforcement.

The city originally argued the parking plan was necessary to help balance the budget without laying off cops and firefighters and pursue major development projects downtown.

Since then, the city used higher-than-expected revenues and cuts elsewhere, particularly to parks and human services funding, to balance the fiscal year 2014 budget without laying off public safety personnel.

City Council is also expected to vote today on an alternative funding plan to build a grocery store, luxury apartment tower and garage on Fourth and Race streets downtown. The project was originally attached to the parking plan.

Dohoney asked City Council in a statement to pursue the alternative plan today.

We are asking Council to pass the development deal today so that the developers have the city’s commitment and can move ahead with their financing,” he said. If we wait any longer on the parking deal, we put this deal at risk. With the housing capacity issue downtown and decade-long cry for a grocery store, we must move forward.

CityBeat will update this story as more information becomes available.

Updated at 1:39 p.m.: Added comments from the city manager’s statement.

Updated at 2:00 p.m.: Added comments from Vice Mayor Roxanne Qualls statement.

Updated at 3:23 p.m.: Added results of City Council meeting.

Updated at 10:35 a.m. on June 13: Added latest news about appeal.

 
 
by German Lopez 04.18.2013
Posted In: News, Courts, Streetcar at 09:17 AM | Permalink | Comments (0)
 
 
news1_fines

Morning News and Stuff

Ohio courts hurt poor, Qualls calls for streetcar hearing, House to vote on budget today

A new report from the American Civil Liberties Union of Ohio (ACLU) found Ohio's poor are regularly victimized by illegal practices in courts that jail the state's poor for failing to pay fines they can't afford. The problem particularly afflicts the state's rural counties, which sometimes openly admit to jailing people even when they can't afford to pay fines. The ACLU says courts need to be more transparent in communicating defendants' rights, provide retroactive credits to those wrongfully incarcerated based on circumstances of poverty and consistently hold hearings to assess defendants' financial viability and willfulness to pay fines.

The streetcar is being threatened by a $22.7 million budget gap, and Vice Mayor Roxanne Qualls, a Democrat who is running for mayor and has long supported the streetcar, is calling a meeting to get all the details on how the project got here and whether it's still economically viable. Qualls says it's too soon to jump to conclusions about the project's fate, and she says she would like to see the options and details laid out by City Manager Milton Dohoney Jr. at the hearing. But Democratic mayoral candidate John Cranley, a longtime opponent of the streetcar, is already using the news to call for the project's demise. The streetcar is one of few issues dividing the Democratic candidates in the mayoral race, which the latest poll has Qualls leading by 14 points.

The Ohio House is expected to vote on a budget today that would defund Planned Parenthood, ban comprehensive sex education and fund crisis pregnancy centers that promote abstinence-only, anti-abortion education. This week, the budget has been regularly mocked by Democrats for potentially opening teachers to lawsuits if they explain condoms, other forms of birth control and other basic sex facts to students in a way that could lead to "gateway sexual activity."

The Ohio House budget bill also fails to expand Medicaid — a failing that Moody's is warning could put hospitals at risk for budgetary shortfalls. The report points out that hospitals were supposed to get more patients through a Medicaid expansion, which would be funded almost entirely by the federal government through Obamacare, to make up for a reduction of federal reimbursements for uncompensated care. The Medicaid expansion would have insured 456,000 Ohioans and saved the state money, according to a report from the Health Policy Institute of Ohio. CityBeat covered the Medicaid expansion in greater detail here.

For student voters, the Ohio House budget bill would also make it more difficult to vote by forcing public universities to withhold essential documents that can be used as voter identification. The rule would make it so universities have to declare students in-state for tuition purposes when issuing them a letter or utility bill to vote, effectively costing universities extra revenue from out-of-state students if they choose to issue the documents. Democratic State Rep. Kathleen Clyde says the move will likely make it so universities never hand over the documents.

This week's CityBeat commentary: "Bad Budget Ideas Confound Public Discourse."

As the city wrestles with laying off cops and firefighters to balance the budget, Cincinnati Police Chief James Craig is considering a potential job offer in Detroit "very carefully." Craig interviewed for the top cop position in Detroit last week. "I'm humbled they would consider me a top candidate," Craig told The Cincinnati Enquirer.

A new poll found Republican Gov. John Kasich in "reasonably good shape" for re-election, beating potential challenger Cuyahoga County Executive Ed FitzGerald 46-37.

Disbarred attorney Stan Chesley resigned from the University of Cincinnati Board of Trustees after being asked to by fellow board members.

Metro announced new direct, crosstown routes yesterday. The routes will make it easier to travel from the east to west side and vice versa.

The Business Courier has a look at the top 10 worst-paying Cincinnati jobs.

Five to 15 were killed and more than 150 were injured in a Texas fertilizer plant explosion yesterday.

Even though a majority of 54 voted in favor and only 46 voted against it, the background checks bill for gun buyers failed in the U.S. Senate yesterday, failing to overcome what was essentially a filibuster. Ohio's senators were split on the issue, with Sen. Rob Portman voting against the bill and Sen. Sherrod Brown voting in favor. Universal background checks are supported by more than 90 percent of Americans, according to a poll from The New York Times and CBS.

Scientists have found magnetic brain stimulation could remove cravings for cigarettes.

 
 
by German Lopez 04.10.2013
Posted In: Health, News, Budget, Courts at 09:20 AM | Permalink | Comments (0)
 
 
cover-kasich-2

Morning News and Stuff

House reworks Kasich budget, pro-choice group criticizes budget, city asks for stay on ruling

Ohio House Republicans released their own budget proposal yesterday that does away with many of Gov. John Kasich’s proposed policies. The budget gets rid of the Medicaid expansion, the oil and gas severance tax and the sales tax expansion. It also reduces the state income tax cut to 7 percent, down from 20 percent in Kasich’s plan. The amount of schools getting no increased funding under a new school funding formula decreased from 368 in Kasich’s plan to 175 in the House plan, addressing issues that selective wealthy schools were benefiting too much from Kasich’s proposed school funding formula. CityBeat covered Kasich’s budget proposal in detail here.

NARAL Pro-Choice Ohio is criticizing the Ohio House’s proposed budget for defunding Planned Parenthood and redirecting federal funds to anti-abortion crisis pregnancy centers (CPCs). A study from NARAL Pro-Choice Ohio, which is highly supportive of abortion rights, found 47 percent of CPCs gave inaccurate medical information regarding a link between mental health problems and abortion, and 38 percent provided false information about the connection between breast cancer, infertility and abortion, among other findings.

The city of Cincinnati is asking Judge Robert Winkler to stay his previous ruling so the city can use emergency clauses to expedite legislation. City Solicitor John Curp says the city needs emergency clause powers in case of natural disasters and to advance economic development deals that need to be implemented before 30 days. The city previously used emergency clauses to avoid a 30-day waiting period for implementing laws, but Winkler ruled the clauses do not nullify the right to referendum, effectively eliminating the use of emergency clauses because the city now always has to wait 30 days in case of a referendum effort. The ruling was given after City Council used an emergency clause to expedite the lease of the city’s parking assets to the Port Authority to help balance deficits and fund economic development.

With the support of Councilwoman Yvette Simpson, City Council is looking to study youth poverty, homelessness and other issues to better prioritize city policy. The $175,000 study, which will be mostly privately funded, will look at multiple factors affecting the city’s youth, including crime, poverty, homelessness and educational opportunities. Simpson says the study will be the first comprehensive look at the city’s youth.

Democratic Ohio Sen. Sherrod Brown’s bill to end Too Big to Fail was leaked to the press Friday, and The Washington Post has an analysis on what it does here. While the bill doesn’t explicitly break up big banks, it does severely limit big banks in a way that may encourage them to downsize. Brown will co-sponsor the bill with Republican La. Sen. David Vitter, making it a bipartisan compromise. CityBeat covered Brown’s efforts in further detail here.

Ky. Sen. Mitch McConnell’s re-election campaign is complaining someone bugged a meeting to listen in on staff’s plans for the 2014 election. Jesse Benton, campaign manager for McConnell, said in a statement, “Today’s developments ... go far beyond anything I’ve seen in American politics and are comparable only to Richard Nixon’s efforts to bug Democratic Party Headquarters at the Watergate 40 years ago.” During the meeting, McConnell’s staff alluded to labeling potential opponent Ashley Judd as “unbalanced” by bringing up past mental health problems. Meanwhile, recent polling found McConnell is no lock for re-election.

As the media ramps up fears of another Korean war, many analysts feel there is no chance of war. Meanwhile, South Koreans seem more bored than concerned with the North’s threats.

Scientists discovered evidence of “dark lightning,” which may emanate from thunderstorms alongside visible lightning.

 
 
by German Lopez 03.15.2013
Posted In: News, Courts, Parking at 11:26 AM | Permalink | Comments (0)
 
 
downtown grocery

Ruling to Determine Parking Plan's Future

City, parking plan opponents meet in court, judge unlikely to rule today

The city of Cincinnati and opponents of the parking plan met in court today to debate whether laws passed with emergency clauses are subject to referendum — a crucial legal issue as the city attempts to speed ahead with plans to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the deficit and foster economic development.

After hearing extensive legal arguments from both sides, Judge Robert Winkler, who presided over the hearings, said a decision is unlikely today.

Curt Hartman, who represented opponents of the parking plan, argued the city charter’s definition of emergency clauses is ambiguous, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.

Terry Nestor, who represented the city, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.

Cincinnati’s city charter does not specify whether emergency legislation is subject to referendum, but state law explicitly says emergency laws are not subject to referendum.

Meg Olberding, city spokesperson, previously told CityBeat that if the parking plan is held up for too long in legal battles, the city will have to carry out spending cuts before July to balance the budget in time for the 2014 fiscal year.

Emergency clauses remove a 30-day waiting period on approved legislation, and the city claims they also remove the possibility of referendum.

City Council approved the parking plan in a 5-4 vote on March 6 before attaching an emergency clause to the law in a 6-3 vote. But the law was quickly put on hold by a temporary restraining order from Winkler after a lawsuit was filed in favor of subjecting the plan to referendum.

Opponents of the parking plan say they’re concerned the plan will cede too much control over the city’s parking meters, which they say could lead to skyrocketing parking rates. 

The city says rates are set at 3 percent or inflation, but the rate can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.

The city is pursuing the parking plan to help balance the city’s deficit for the next two fiscal years and enable economic development projects (“Parking Stimulus,” issue of Feb. 27).

 
 
by German Lopez 02.12.2013
Posted In: Anna Louise Inn, Courts, Development, News at 02:28 PM | Permalink | Comments (0)
 
 
anna louise inn

Anna Louise Inn, Western & Southern Returning to Court

Hearings set with Judge Norbert Nadel for April

The Anna Louise Inn and Western & Southern will meet again in court in April to begin the next chapter of the ongoing zoning dispute between the longtime neighbors. 

In a Feb. 8 ruling, the Ohio First District Court of Appeals agreed with a lower court that Cincinnati Union Bethel, which owns the Inn, filed an incomplete permit application. The ruling asks CUB to resubmit the funding requests to the city of Cincinnati — except this time CUB will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program. 

But Tim Burke, attorney for CUB, says CUB already carried out the court’s requirements. After Judge Norbert Nadel ruled May 4 that the Inn didn’t properly fill out its original application, CUB started a second chain of applications to obtain a conditional use permit to meet Nadel’s zoning specifications. The new applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.

Last week’s appeals court ruling sent the case back down to the lower court on a legal technicality. With the ruling, all the Anna Louise Inn cases, including the separate chain of zoning appeals, are essentially consolidated to Nadel. 

The dispute began in 2010, when Western & Southern sued the Anna Louise Inn over zoning issues to block $13 million in city- and state-distributed federal loans to renovate the building. Western & Southern declined an opportunity to purchase the building in 2009, but now seems interested in turning it into a luxury hotel. 

The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.

For more information about this ongoing dispute, visit CityBeat's collection of coverage here.

 
 

 

 

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by Nick Swartsell 12.09.2014 11 days ago
Posted In: News, Courts at 03:18 PM | Permalink | Comments (0)
 
 
hunter

Democrats to Judge: Defer Hunter's Sentence

Former juvenile court judge faces six months in prison

The court case is over, but issues of race and politics that made it so contentious continue swirling.

 

Hamilton County Judge Norbert Nadel sentenced former Juvenile Court Judge Tracie Hunter to six months in jail and a year of probation Dec. 5 after she was convicted on one of nine felony counts last month. Hunter asked Nadel to defer her prison sentence until an appeal of her conviction had gone through. Nadel denied that request today and Hunter will most likely be behind bars soon.


Some say justice has been served, but others say the penalty is too harsh and premature. A letter signed by 56 people including many area Democrat leaders to Nadel Dec. 8 asked the judge to defer Hunter’s sentence until after her appeal is heard. The letter says Hunter’s appeal is made on “substantial grounds” and points out that if she goes to jail now and is latter vindicated, it will be a “pyrrhic victory” because she will have already served her sentence by that time. The letter cites the fact Hunter has no previous record and did not stand to gain financially from the crime.

 

It also points out the racial tension over the case and connects it to larger issues of race relations in the region and around the country, as anger continues over recent police killings of unarmed black men and a refusal by grand juries to indict officers in those cases.

 

“All across the country, serious questions of trust are being raised about the fairness of our justice system in dealing with matters involving race,” said the letter sent by the Hamilton County Democratic Party and signed by Chairman Tim Burke, State Senator elect Cecil Thomas, State Rep. Alicia Reece and other notable party members. “To sentence to jail the only African American to ever be elected to our juvenile court, and one of the very few African Americans to ever be elected in a contested county-wide election in Hamilton County … will only deepen that mistrust. That is particularly true in light of the fact that other first-time offenders under similar circumstances would receive no jail time at all.”

 

Hunter was the juvenile court’s first black judge. After the election for the seat in 2010 went to her opponent by a very narrow margin, she fought a year-and-a-half-long court battle in order to get uncounted votes counted to prove she had won. She came into the position intent on changing a system where black juveniles are 10 times more likely to be arrested than whites.


Almost 80 percent of children arrested in Hamilton County are black, according to a November federal lawsuit by Covington-based Children’s Law Center against the county.

 

That resolve ruffled feathers. Among others, The Cincinnati Enquirer sued her for refusing to let reporters into her courtroom. Hunter’s methods as a judge were unorthodox and her opponents say often illegal.

 

After a long, dramatic trial, Hunter was convicted last month for interceding on behalf of her brother, a juvenile court employee who was fired for allegedly punching an underage inmate. Hunter obtained medical records on that inmate for her brother, prosecutors charged. A jury deadlocked on eight other felony charges involving fraud, misuse of a court credit card, interfering with investigations and forgery. She motioned for a retrial three times, citing three black jurors who recanted their guilty verdicts and procedural irregularities in the courtroom. Judge Nadel denied all three motions.

 

Critics like Hamilton County GOP Chair Alex Triantafilou say Hunter was quite simply a bad judge and that her indictment and conviction have nothing to do with race. Her stature as a judge only makes her transgressions worse, and she should be disciplined accordingly, her critics say. That means jail time for a low-level felony that usually only gets probation.

 

Judge Hunter is a judge and a public official," Nadel said after Hunter was sentenced. "Unfortunately, it may be a felony 4, but that is a double whammy."

 
 
by Nick Swartsell 11.26.2014 24 days ago
Posted In: News, Courts at 09:25 PM | Permalink | Comments (0)
 
 
highway

Update: Protest Marchers Released on Bail

Some of the 15 protesters arrested during Tuesday's Ferguson solidarity rally were held after posting bail

UPDATED Nov. 28, 12:45 PM: Judge Ted Berry waived the tracking device requirement for the protesters today, and those who posted bail (all but one) should be released in the next few hours.

Original Post: Some of the 15 protesters arrested during Tuesday’s march through downtown Cincinnati in solidarity with Ferguson, Mo. paid bail the next day. But while most folks were at home enjoying Thanksgiving Thursday, they were still in the Hamilton County Justice Center because some county offices are closed.

The march drew as many as 300 people during its nearly three-hour duration. During that time, at least 100 protesters streamed onto I-75, bringing traffic to a halt for a few minutes. Police, who had blocked traffic in the northbound lane of the highway, ordered protesters off under threat of arrest.

Those who didn’t leave fast enough ended up in jail.

The protesters were held without bond overnight and arraigned at 12:30 p.m. Wednesday. Bond for the eight charged with shutting down I-75 was set at $3,000. According to Hamilton County Criminal Court documents, two of those arrested, Liz Cambron and Aalap Bommaraju, paid bail early that afternoon. But they’ll be in jail over Thanksgiving, and maybe until Monday, their attorney Joe Russell says.

Judge Melissa Powers, the presiding judge, deemed the arrested protesters flight risks and ordered they be fitted with electronic monitoring devices. But the office that provides the devices closed at noon today and won’t reopen until next week.

“I don’t undersand how my clients are flight risks,” Russell said of Cambron and Bommaraju. “They aren’t the kind of people who want to get anyone run over.” Cambron is a graduate student at University of Illinois Chicago, and Bommaraju is a health worker pursuing his PhD at UC.

He says the two weren’t acting recklessly and were merely exercising their first amendment rights.

The rest of the group arrested on I-75 look to be in a similar situation. Brandon Geary, Robert Fairbanks, Hilliard Herring, Zachary Lucas, Cerissa Newbill and Rhonda Shaw were also arrested on the highway and have been ordered to wear the tracking devices after release on bond.

Representatives with the Hamilton County Clerk of Courts said they could not provide any information on the cases during phone calls earlier today.

Russell says it’s not necessarily the judge’s fault the situation has happened. Others, however, feel like the delay was meant to send a message to future protesters.

“The reason they’re still in jail is because the county doesn’t have the electronic monitoring devices available,” Russel said. He was in court Friday morning working to get the two released.

A vigil held Nov. 27 for protesters arrested during a Ferguson solidarity march still in jail after posting bond
Nick Swartsell

A vigil asking the court to release the protesters on bond drew a crowd of about 35 people Thanksgiving day, including family members of some of the protesters. "He didn't even know he wasn't going home," said Evan Geary, brother of Brandon Geary, who also posted bond. "My parents had to tell him he wasn't going home. I'm surprised my parents didn't come. They were very happy this was happening," he said of the vigil. 

Nick Swartsell

 Both Bommaraju and Cambron, along with others who were arrested after entering I-75, are charged with disorderly conduct, a minor misdemeanor, and inducing panic. That charge is usually a first-degree misdemeanor, but could be a fifth or fourth degree felony if a prosecutor finds that significant “economic damage” was done in the commission of the offense.

 
 
by Nick Swartsell 11.25.2014 25 days ago
Posted In: Courts, News at 02:40 PM | Permalink | Comments (0)
 
 
rickyjackson

Man Wrongfully Imprisoned for 39 Years Thanks UC Program

Ricky Jackson says the Ohio Innocence Project was "instrumental" in his exoneration

Ricky Jackson was just 20 and fresh out of the Marines when he went to jail for murder in 1975. Authorities pinned the killing of Harold Franks, a fifty nine-year-old money order clerk in Cleveland, on Jackson and two of his friends, brothers Wiley and Ronnie Bridgeman. The conviction came on the testimony of a single twelve-year-old boy with bad eyesight and a confused story.

He spent the next 39 years in prison for a crime he didn’t commit.

Jackson was released last Friday, the last of the trio to be freed after that witness, Eddie Vernon, admitted he made up his testimony under police pressure. Today, Jackson was in Cincinnati to thank those who worked tirelessly to help free him.

“I would have walked if it would have come to that,” Jackson said to a packed house on University of Cincinnati's campus. “I wanted to come meet the people instrumental in saving my life.”

The Ohio Innocence Project, which runs out of University of Cincinnati’s College of Law, has been working on Jackson's case since 2010, digging for years to get public records about the case.  A Cleveland Scene article in 2011 focused more attention on the story as well. Since those beginnings, OIP has played a huge role in getting Jackson exonerated.

OIP was founded in 2003 to investigate and litigate cases where prisoners have been wrongly convicted and imprisoned. The group is made up of UC Law professors and students who use DNA evidence, new witnesses, evidence of police misconduct, and other information to exonerate wrongfully convicted inmates. In just over a decade, they’ve helped free 18 inmates who were wrongfully convicted of murder and other charges. Jackson is the longest-serving inmate in Ohio to be exonerated.

Jackson’s codefendant Ronnie Bridgeman was paroled in 2010, but Jackson’s parole board continued to keep him in prison. Jackson says parole boards wanted him to admit guilt and express regret for the crime before they released him. The only problem was, he was innocent.

“I was on the cusp a lot of times,” he said of confessing. “It seemed like, to me, the only way I was going to get out was to admit guilt. But there was a lot more at stake than just me saying I committed the crime when I know I didn’t. That man’s family gets no justice, I get no justice… at the end of the day I just couldn’t lay down with that in my heart.”

He passed the time by staying fit and helping run the prison’s horticultural project. He ran a greenhouse, something he enjoyed immensely. Still, the time was wearing on him.

“After my last parole board hearing, I was really at an all time low,” he said. “I’m running out of time. I’m 57. How much time to do I really have left? I hate to use this cliché, but they came through like a knight in shining armor. When I was at my eleventh hour, didn’t know what direction I was going to take… these guys came.”

Mark Godsey, director of the Ohio Innocence Project, says Jackson was steadfast in his innocence. He recalls first meeting Jackson at a recent hearing on his request for a new trial in light of witness Vernon recanting his testimony. Prosecutors were offering Jackson a deal — once again, if he would say he was guilty, he could walk free.

“He just looked at us and said, ‘I don’t need anymore time to think about it. I will not take that deal,' ” Godsey recalls. Prosecutors soon conceded that without their only witness, they had no case. Jackson was free.

There are challenges ahead, to be sure. He spent many of his formative years — when most people go to college, start careers, and build families — behind bars.

The OIP is stepping in again with assistance. The group has raised nearly $43,000 to help Jackson get a new start. They’re also fighting the state of Ohio to get a settlement for him based on his wrongful conviction. That could be huge — $40,000 for every year he was imprisoned, plus lost wages and other damages. But it’s not guaranteed. Sometimes, prosecutors fight against these settlements. So far, the Cuyahoga County Prosecutor’s office has not officially acknowledged that Jackson and the Bridgemans are innocent or that they were wrongly imprisoned.

In the meantime, Jackson says he’s not sure just yet what he’ll do. But he says he’s up for the challenge of building a life.

“It’s not difficult at all," he said. "Compared to what I just came from, this is beautiful.”

 
 
by Nick Swartsell 11.07.2014 43 days ago
Posted In: News, LGBT Issues, Courts at 09:35 AM | Permalink | Comments (0)
 
 
Federal Court Building

Federal Court Upholds Region's Same-Sex Marriage Bans

Ruling preserves bans in Ohio, Kentucky, Michigan, and Tennessee; will likely to go Supreme Court

The Cincinnati-based 6th Circuit U.S. Court of Appeals yesterday upheld laws banning same-sex marriage in Ohio, Kentucky, Michigan and Tennessee.  

The 2-1 decision covers six cases in those four states brought by a total of 16 couples. Among them are Cincinnati residents Brittani Henry-Rogers and Brittni Rogers, who are fighting so both can be listed as parents on their son’s birth certificate. James Obergefell of Cincinnati is also involved, asking courts for the right to be listed on his husband Jim Arthur’s death certificate. Earlier, a lower district court found in their favor.

“We just want to be treated as a family, because we are a family,” Henry-Rogers said in an August interview after the 6th Circuit hearings.

Justices Deborah Cook and Jeffery Sutton ruled that the debate over same-sex marriage is best decided by voters, not by the court. Justice Martha Daughtrey dissented.

“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” Sutton wrote in the majority opinion. “Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way."

The case is a somewhat surprising setback for same-sex marriage advocates, who had been on a winning streak in federal courts. The 4th, 7th, 9th and 10th Circuit Courts have previously struck down laws in a number of states banning same-sex marriage. Gay marriage is now legal in 32 states and the District of Columbia.

"This decision is an outlier that’s incompatible with the 50 other rulings that uphold fairness for all families, as well as with the Supreme Court’s decision to let marriage equality rulings stand in Indiana, Wisconsin, Utah, Oklahoma and Virginia,” said American Civil Liberties Union attorney Chase Strangio in a statement yesterday. “It is shameful and wrong that John Arthur’s death certificate may have to be revised to list him as single and erase his husband’s name as his surviving spouse.”

Ohio Attorney General Mike DeWine represented the state in the case. His office said in a statement it was "pleased the court agreed with our arguments that important issues such as these should be determined through the democratic process."

The decision leaves intact Ohio’s 2004 constitutional amendment banning same-sex marriage, at least for now. That’s created a split in federal court rulings among various circuit courts, something the Supreme Court will most likely have to sort out. Some legal experts think the Supreme Court will ultimately find same-sex marriage bans unconstitutional under the 14th Amendment. The court has refused to hear appeals to lower court decisions striking down bans, leading many to think a majority of the court supports legalization.

Strangio said the ACLU will be filing for Supreme Court consideration. Attorney Al Gerhardstein, who represents the Ohio couples, has said he will be working to bring the case to the nation's highest court as well. Other advocacy organizations have also vowed to continue the fight.

“Now, more than ever before, the Supreme Court of the United States must take up the issue and decide once and for all whether the Constitution allows for such blatant discrimination,” said Human Rights Coalition President Chad Griffin. “We believe that justice and equality will prevail.”

 
 
by Nick Swartsell 07.01.2014
Posted In: Courts at 12:39 PM | Permalink | Comments (0)
 
 
Federal Court Building

Federal Judge Strikes Down Kentucky Gay Marriage Ban

Next showdown will happen at federal appeals court in Cincinnati

A federal judge today ruled Kentucky’s ban on gay marriage is unconstitutional. But same-sex couples in the state can’t get marriage licenses just yet. 

U.S. District Judge John G. Heyburn II ruled that a 2004 amendment to Kentucky's state constitution prohibiting same-sex marriage violates the guarantee of equal protection under the law found in the U.S. constitution.

It's another sign that the tide may be turning in the region. The decision comes as a similar ban looks to be in serious legal trouble in Indiana, and just before an August federal court date that will decide questions surrounding the issue in Ohio and other states. Since February last year, federal courts have upheld the right to marry for same-sex couples 19 times.

The decision came in response to a challenge to Kentucky’s ban by two same-sex couples. Maurice Blanchard and Dominique James were denied a marriage license on Jan. 2013. They were charged with trespassing after refusing to leave the Jefferson County Clerk’s office after being turned down for their license. A jury eventually found them guilty, though the two were fined only $1. The two other plaintiffs in the case, Timothy Love and Lawrence Ysunza, applied for a license in February 2013. The two have lived together for 34 years.

The plaintiffs and other same-sex couples looking to marry will have to wait a little longer, though. Heyburn has delayed implementation of his decision until after Aug. 6, when a higher court, the 6th Circuit U.S. Court of Appeals, will hear several gay marriage cases from Kentucky, Ohio and two other states. Those cases will be heard in Cincinnati.

Heyburn, who in February also ruled that the state must recognize same-sex marriages from other states, rejected Kentucky’s reasons for its ban. Lawyers hired by the Kentucky Gov. Steve Beshear argued that traditional marriage helps ensure economic stability and a favorable birth rate in the state. The state’s Attorney General Jack Conway refused to defend the law on behalf of the state.

“These arguments are not those of serious people,” Heyburn said in his decision. He said there is “no conceivable, legitimate purpose” for the ban, which keeps same-sex couples in the state from enjoying the economic, social and emotional benefits of marriage. These include tax benefits, the ability to share insurance, the ability to adopt children as a couple and other rights.

The ruling continues a wave of recent decisions by federal courts upholding marriage rights for same-sex couples. But there’s still uncertainty even as the tide shifts. Most recently, on June 25, a judge struck down Indiana’s ban, allowing same-sex couples to immediately apply for marriage licenses. That decision was overturned a few days later on appeal, and couples who married in the three-day window are now waiting for a final decision to see if their marriages are valid in the state’s eyes. Currently, 19 states and the District of Columbia allow same-sex marriage.

 
 
by Nick Swartsell 06.20.2014
Posted In: Courts at 01:18 PM | Permalink | Comments (0)
 
 
workers comp

Courts: Ohio Agency Owes Area Businesses Big

Recent decision says Ohio Bureau of Workers Compensation charged unfair rates

What do the Cincinnati Ballet, Jungle Jim’s and the YWCA have in common? Last month, an Ohio court upheld a ruling that the Ohio Bureau of Workers Compensation has been overcharging these and thousands of other businesses and organizations in the state. Meanwhile, the BWC cut rates for other employers who were part of preferred groups, Ohio’s 8th District Appellate Court said.

Now an advocacy organization is pushing for the BWC to pay back the difference.

While the ins and outs of the rates are complicated, the underlying concept is fairly straightforward: Worker’s compensation functions as a kind of insurance for employers. If an employee gets hurt on the job, worker’s comp will pay for lost wages and medical costs so long as the business is current on its monthly workers comp payment. A lawsuit brought by some employers receiving higher rates charged that those rates were unfair, even forcing some employers into bankruptcy.

The courts have agreed. The appellate court’s decision upholds an earlier ruling against the BWC by the Cuyahoga County Court of Common Pleas.

The courts ruled the BWC, along with lobbyists of some favored businesses, rigged workers compensation rates so that some companies picked to be designated “group rate employers” received what the court called “excessive, undeserved premium discounts” on their workers compensation insurance plans. Where did the money for those discounts come from? According to the court, from businesses who were not part of the special group rate. Those businesses paid almost $860 million extra on their workers compensation plans.  

BWC hasn’t started paying back the money, and head Steven Buehner told a Cleveland news outlet last week that the agency will appeal the ruling to the Ohio Supreme Court. It has until June 30 to do so.

Buehner says the agency’s rates simply reflect the nature of providing insurance — that low-risk customers receive lower rates than higher-risk clients. Buehner said there isn’t some big pot of money somewhere that the BWC is sitting on and that it hasn’t cheated anyone out of any funds.

If the court’s ruling holds, the BWC will owe more than 100 Cincinnati-area employers $100,000 or more, including a number of nonprofits and arts organizations. All told, the BWC could owe area businesses more than $100 million. Progress Ohio, an advocacy group, has asked Gov. John Kasich to act and make sure the BWC pays the money back.

According to Progress Ohio, which is advocating for the employers in question, the BWC could owe the Cincinnati Ballet more than $300,000, Cincinnati Playhouse in the Park nearly $150,000 and the Cincinnati YMCA $140,000. BAE, a British-owned security and armaments business with a plant in Fairfield, is the area employer owed the largest amount of money; according to the advocacy organization, the BWC charged BAE more than $1.4 million extra in premiums.

The Cincinnati YWCA is also owed payback — about $14,000. The organization told WCPO earlier this week it will be "thrilled" to get that money back so it can use it to help women and children in need.

 
 
by Nick Swartsell 06.09.2014
Posted In: Courts at 12:40 PM | Permalink | Comments (0)
 
 
mu rape flier

Ohio Supreme Court Orders Rape Flier Records Unsealed

Butler County judge acted improperly sealing files, court says

The Ohio Supreme Court ruled June 5 that a Butler County judge acted improperly when he sealed records relating to a 2012 rape flier posted at Miami University.

Judge Robert Lyons ordered the records sealed after a student at Miami University was charged with and pleaded guilty to disorderly conduct for posting a flier listing the "Top Ten Ways to Get Away with Rape" in a coed residence hall bathroom at the school.

When sealing the record, however, Lyons cited a law pertaining to sealing cases that don't reach a conviction, an error that he acknowledged later. 

The case drew national attention, in part due to the graphic nature of the list, which included pointers like "If your [sic] afraid the girl will identify you slit her throat." It also drew scrutiny for Lyons' unusual move making the records in the case, and thus the student's name, unavailable to the public.

The Cincinnati Enquirer sued to have the records released. After the suit was filed, Lyons allowed the student to withdraw his guilty plea. The state of Ohio then dropped its case against the student, and Lyons sealed the case again under the same law he had cited previously.

Misdemeanors require a one-year waiting period before cases can be sealed. Judge Lyons argued that this isn't the case for minor misdemeanors like disorderly conduct and that no waiting period applied. In a 5-2 ruling, the Ohio Supreme Court disagreed, holding that there is no such distinction.

The student left Miami shortly after the incident.

You can find the full text of the court's decision here.

 
 
by German Lopez 02.10.2014
Posted In: News, Courts, LGBT at 12:55 PM | Permalink | Comments (0)
 
 
news_gaymarriage_juliehill

Lawsuit: End Same-Sex Discrimination on Birth Certificates

Couples married outside Ohio sue over recognition on children's birth certificates

A federal court in Cincinnati could get another chance to advance LGBT rights if it takes up a lawsuit filed Monday that calls on Ohio to recognize the names of married same-sex parents on their adopted children’s birth certificates.

Civil rights attorney Alphonse Gerhardstein filed the lawsuit on behalf of four same-sex couples who married outside the state and an adoption agency that helped one of the couples adopt a child in Ohio.

“Birth certificates are the primary identity document in our society,” Gerhardstein’s firm explained in a statement. “Birth certificates tell the child, ‘these adults are your parents,’ and tell the community that these adults and children are a family. Medical care, access to schools, travel and release of information are all easily accomplished with birth certificates and are constantly burdened without accurate birth certificates. Forcing families to accept incorrect birth certificates imposes life-long harms and is a direct attack on family dignity.”

Although opponents of LGBT rights contend that allowing same-sex couples to adopt could hurt children, the research suggests otherwise.

A Boston University meta-analysis released in March found “children's well-being is affected much more by their relationships with their parents, their parents sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents.” Possibly harmful factors found in the study instead include widespread discrimination and the parents’ limited rights, neither of which can be blamed on same-sex couples. 

The complaint filed Monday comes on the heels of recent rulings that advanced same-sex rights in Ohio and across the country.

U.S. District Court Judge Timothy Black on Dec. 23 cited constitutional grounds to force state officials to recognize same-sex marriages on death certificates. That case came about after a same-sex couple in Cincinnati filed for recognition. The Republican-controlled state government, defended by Attorney General Mike DeWine, is appealing the ruling.

That ruling followed a June 26 decision from the U.S. Supreme Court that effectively struck down the federal Defense of Marriage Act and requires the federal government to recognize some same-sex marriages.

In enforcing the ruling, President Barack Obama’s administration on Monday plans to grant sweeping equal protections to married same-sex couples around the country, even those who reside in states where same-sex marriage remains illegal. The Justice Department’s decision applies to courthouse proceedings, prison visits and the compensation of public safety officers’ surviving spouses, among other areas. 

At the state level, FreedomOhio is working to get same-sex marriage on the ballot this year. The campaign is facing some resistance from other LGBT groups, but FreedomOhio says it already has the petition signatures required to put the issue to a vote in November.

The full complaint:


 
 
by German Lopez 01.20.2014
Posted In: News, 2014 election, Governor, Courts, Mayor at 09:43 AM | Permalink | Comments (0)
 
 
ed fitzgerald

Morning News and Stuff

FitzGerald picks running mate, Cranley opposes double dipping, Hunter pleads not guilty

Democratic gubernatorial candidate Ed FitzGerald on Friday announced his new running mate: Sharen Neuhardt, a Dayton-area business attorney and twice-failed candidate for Congress. The choice boosts the ticket’s credentials with women and abortion-rights advocates, but it also reinforces support for pro-choice policies that upset many Republicans and conservatives. FitzGerald originally picked State Sen. Eric Kearney as his running mate, but Kearney dropped out of the race after multiple media reports uncovered he owed more than $800,000 in tax debt. CityBeat covered the gubernatorial race and how the economy could play into it in further detail here.

Mayor John Cranley on Friday reiterated his opposition to double dipping, even though he supports hiring an assistant city manager who will take advantage of the practice. Because Bill Moller is a city retiree, he will be eligible to double dip — simultaneously take a salary ($147,000 a year) and pension — when the city hires him in February. Cranley called the practice “abusive” on the campaign trail, but he says it’s up to City Council to pass legislation that prevents it.

Hamilton County Juvenile Court Judge Tracie Hunter on Friday pleaded not guilty to nine felony charges, including accusations of backdating court documents, theft in office and misusing her county credit card. The Ohio Supreme Court on Jan. 10 replaced Hunter until her case is decided. The felony charges are just the latest for the judge, who has been mired in controversy after controversy since before she won her election.

State Rep. Alicia Reece and other activists are pushing an initiative for the November ballot that would embed “voter rights” into the Ohio Constitution. The Democrat-backed constitutional amendment is in direct response to Republican-led attempts to shrink early voting periods and restrict access to the ballot.

A propane gas shortage in some parts of the state led Gov. John Kasich to suspend state and federal laws that keep propane suppliers off the roads on weekends.

State Treasurer Josh Mandel’s failed Senate campaign sold an SUV totaled in March — effectively averting an insurance review that might have clarified the vehicle’s use and insurance status — shortly after questions arose over the continued use of the vehicle months after Mandel’s Senate campaign ended.

Secondhand smoke increases the odds of hospital readmission for children with asthma, according to a study from Cincinnati Children’s Hospital Medical Center and Penn State Milton S. Hershey Children’s Hospital.

Google’s smart contact lens could help diabetics.

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by German Lopez 01.15.2014
 
 
scott stiles

Morning News and Stuff

City personnel changes spur backlash, county seeks MSD compromise, judge indicted again

The latest administrative shakeups at City Hall spurred controversy after the city administration confirmed City Solicitor John Curp will leave his current position and one of the new hires — Bill Moller, a city retiree who will become assistant city manager — will be able to “double dip” on his pension and salary ($147,000 a year). Councilman P.G. Sittenfeld said on Twitter that City Council will discuss the personnel changes at todays council meeting. The hiring decisions are up to Interim City Manager Scott Stiles, but some council members say they should be more closely informed and involved. (This paragraph was updated after council members called off the special session.)

Hamilton County commissioners plan to vote on a resolution today that attempts to compromise with City Council on controversial contracting rules for Metropolitan Sewer District (MSD) projects. Both the Democrat-controlled city and Republican-controlled county agree the issue needs to be resolved soon so MSD can get on with a $3.2 billion sewer revamp mandated by the federal government. But it remains unclear whether the county’s compromise, which adds some inclusion goals and funding for training programs, will be enough for City Council. In December, Democratic council members refused to do away with the city’s contracting rules, which require MSD contractors to meet stricter job training standards and programs.

Hamilton County Juvenile Court Judge Tracie Hunter was indicted on a ninth felony charge yesterday. The charge — for misusing her county credit card — comes on top of eight other felony counts for allegedly backdating court documents and stealing from office. In response to the first eight charges, the Ohio Supreme Court disqualified Hunter as she fights the accusations and replaced her with a formerly retired judge, who will be aided by the juvenile court’s permanent and visiting judges in addressing Hunter’s expansive backlog of cases.

A bipartisan proposal would allow Ohioans to recall any elected official in the state.

Duke Energy cut a $400,000 check to the Greater Cincinnati Port Authority for redevelopment projects at Bond Hill, Roselawn and Queensgate.

Sixty-two people will be dropped from Hamilton County voter rolls because they didn’t respond to a letter from the board of elections challenging their voting addresses.

It’s official: Democrat Charlie Luken and Republican Ralph Winkler will face off for the Hamilton County Probate Court judgeship.

Facing state cuts to local funding, a Clermont County village annexed its way to higher revenues. But the village has drawn controversy for its tactics because it explicitly absorbed only public property, which isn’t protected from annexation under state law like private property is.

More Ohio inmates earned high school diplomas over the past three years, putting the state ahead of the national average in this area, according to a report from the Correctional Institution Inspection Committee.

Ky. Gov. Steve Beshear says he supports legislative efforts to increase Kentucky’s minimum wage to $10.10 over the next three years.

One Malaysian language describes odors as precisely as English describes colors.

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