"It is inherently wrong to allow private businesses to make a profit off
the incarceration of others," said Brickner in an ACLU press release. “Our state’s
prison system is bloated, and private corporations have a vested financial
interest to ensure our prisons remain full. If state officials have any hope of
shrinking our prison population, we must implement transformative criminal
justice reform policies and reject interests that grow our prison system.”
Brickner suggests that concerned citizens contact their elected representatives to express their opposition to privatizing prisons. Read the ACLU's full report on privatizing prisons here.
As county and state officials move to investigate and potentially prosecute voter fraud cases, local groups are pushing back, warning that the investigations could cause a chilling effect among voters.
Vice Mayor Roxanne Qualls became the latest to speak out in a letter to Hamilton County Prosecutor Joe Deters and Ohio Secretary of State Jon Husted.
“The current legal investigations perpetuate the idea that voter fraud is widespread, when it’s not true,” she wrote. “We need to work together to give citizens the confidence that the election process is fair and accessible to those who have followed the law and pre-determined process. When citizens are confused about the process of voting they are intimidated from exercising their full rights to vote, which erodes confidence in and the integrity of our democracy.”
The American Civil Liberties Union of Ohio (ACLU) and League of Women Voters of Ohio sent similar letters to Husted in the past few weeks, echoing fears that the investigations will intimidate voters into staying out of future elections.
The controversy surrounds 39 “double voter” cases recently sent to the county prosecutor by the Hamilton County Board of Elections. In most of the cases, the voters in question sent in an absentee ballot prior to Election Day then voted on Election Day through a provisional ballot, which are given to voters when there’s questions about eligibility. Even though the voters technically voted twice, their votes were only counted once.
The letters from Qualls and the League of Women Voters claim the cases were sent to the county prosecutor based on a narrow interpretation of state law and other sections of election law back the voters’ actions.
The letters reference Ohio Revised Code Section 3509.09(B)(2),
which says, “If a registered elector appears to vote in that precinct
and that elector has requested an absent voter's ballot for that
election and the director has received a sealed identification envelope
purporting to contain that elector's voted absent voter's ballots for
that election, the elector shall be permitted to cast a provisional
ballot under section 3505.181 of the Revised Code in that precinct on the day of that election.” The law goes on to clarify only one of the votes should be counted.
Husted broke a tie vote in the Hamilton County Board of Elections on May 31, siding with the Republicans on the board who wanted to send the case to the county prosecutor.
Alex Triantafilou, an elections board member and chairman of the Hamilton County Republican Party, says Republicans just want an investigation.
“I think anytime a person casts two ballots we ought to ask why,” Triantafilou says. “This is not to prejudge any of these cases as criminal charges. That’s not been our intention. What we want is a qualified investigator to ask the question and then answer it.”
Tim Burke, chairman of the local elections board and the Hamilton County Democratic Party, disagrees: “This is a damn shame. What’s happening to those voters is absolutely wrong.”
Burke claims the law was followed and no further investigation is necessary. He alleges Republicans are trying to suppress voters.
“I fear that what’s going on is that elements of the Republican Party want to create the impression that there is massive voter fraud going on, and they want to scare the hell out of people to intimidate them and discourage them from voting in the future,” Burke says. “I think part of what’s going on here is an effort to identify voter fraud in order to justify more restrictions on voting rights.”
Triantafilou argues Democrats, including Burke, are playing politics: “It’s a continuation of the kind of fear that Democrats try to instill in the electorate, and it’s a political weapon. We’re not trying to do that. They alleged voter suppression in the last election cycle. That was nonsensical. The problem really is fraud.”
State Auditor Dave Yost released an audit today looking at Value Learning and Teaching (VLT) Academy’s 2010-2011 school year, and the findings are not pretty. The charter school, which is located in downtown Cincinnati, was found to be potentially overpaying in multiple instances — including potential conflicts of interest.
“Those who are entrusted with taxpayer dollars must take special care and spend them wisely,” Yost said in a statement. “This school appears to have management issues that must be addressed quickly.”
In a potential conflict of interest, the school paid Echole Harris, daughter of the school’s superintendent, $82,000 during the school year and $17,000 for a summer contract for the position of EMIS coordinator, who helps provide data from VLT Academy to the state. Mysteriously, the school did not disclose the summer contract in its financial statements. The school says the superintendent abstained from all decisions related to Harris and presented the summer contract to the school board. Still, Yost referred the situation to the Ohio Ethics Commission.
The audit also criticized VLT Academy for approving a $249,000 bid for janitorial services that were owned and provided by a school employee. The bid was the most expensive among other offers ranging between $82,000 and $135,600. According to the school’s own minutes, “Each company states that they can deliver a work product that will meet or exceed the standards provided in our checklist,” adding little justification to the high payment and potential conflict of interest. The school insists its pick was the best qualified because it offered additional services. The bid approval was also referred to the Ohio Ethics Commission.
The school was found to be overpaying its IT director as
well. Keenan Cooke’s salary for the 2010-2011 school year was supposed to
be $55,000, but the school overpaid him by $3,333 with no record of
intent. The state asked for Cooke and Judy McConnell, VLT Academy’s
fiscal officer, to return the excess payment to the state. The school acknowledged McConnell's responsibility.
To make the potentially excess payments worse, VLT Academy had a net asset deficiency of $412,754 as of June 30, 2011, according to the audit. The school promised the auditor it will cut costs and find revenue generators to make up for the loss.
Two bills discussed today at a hearing of the Ohio House of Representatives' Judiciary Committee would, if passed, offer greater protections to victims of domestic violence and extend them more legal rights to protect their employment, housing and financial livelihood.
Those bills will join H.B. 243 and H.B. 160, which are still awaiting hearings before the judiciary committee and would, respectively, require individuals served with temporary protection orders to surrender their firearms and offer legal protection to the pets of domestic violence victims — often cited as a reason victims have difficulty leaving a violent situation.
Most significant are the changes that would be implemented by H.B. 297, first introduced to the Ohio House in October by Reps. Ann Gonzales (R-Westerville) and Denise Driehaus (D-Cincinnati). The bill outlines new legal protections for domestic violence victims who need to terminate a rental agreement or take unpaid leave at work in order to deal with domestic violence incidences.
Under the bill, victims of domestic violence would be legally protected against termination at work and have the ability to dissolve a rental lease if the tenant has been a victim of domestic violence. The bill would also prohibit landlords from kicking out tenants because they've been victims of domestic violence at the residence and requires them to comply with requests to change locks when a tenant has been a victim of stalking or menacing.
H.B. 309, also introduced in October, by Reps. Dorothy Pelanda (R-Marysville) and Nickie Antonio (D-Lakewood), would dissolve any charges related to modifications made to a domestic violence, anti-stalking or other type of protection order or consent agreement
In August, CityBeat spoke with domestic violence victim Andrea Metil, who talked about her personal experiences with legal trip-ups that made protecting herself from her attacker difficult. Metil called for stronger legislation to protect victims of domestic violence.
This is the first hearing for both of the bills.
It seems Ohio may soon get a controversial voter ID law. While speaking at a Tea Party event in Cincinnati on Monday, Secretary of State Jon Husted said the General Assembly is likely to take up a voter ID law after the November election.
“I was listening to a show one night where they talked about these onerous rules, these onerous photo ID rules and the onerous rules in Ohio on photo ID,” he said. “Well, the photo ID law in Ohio is not onerous. As a matter of fact, I suspect the General Assembly will take up a more strict version of what we have after what we’ve been through with this election process.”
Later on, an audience member commented on the issue by pointing out Ohioans can currently identify themselves with 12 different types of ID. In response, Husted clarified his position: “We need to streamline that because it’s really hard for a poll worker to know exactly what they’re supposed to be checking. And I’m quite confident the legislature is going to take that issue up.”
Under current Ohio law, voters can go to the polls with state ID cards, driver’s licenses, military IDs, utility bills, paychecks, bank statements and other forms of ID. Republicans have sometimes criticized the many options, particularly for not being state-issued and not requiring a photo.
Other states have taken up voter ID laws. Pennsylvania’s controversial law requires voters to have state-issued photo ID. A Pennsylvania court recently upheld the law, but the Pennsylvania Supreme Court vacated the decision today and asked the lower court to reconsider. The ruling from the Pennsylvania Supreme Court gives lower courts room to strike down the law.
Democrats criticize ID laws for suppressing voters. A study from researchers at the University of Chicago and Washington University in St. Louis found nearly 700,000 young, minority voters will be unable to cast a ballot due to voter ID laws. Both young and minority voters tend to side with Democrats.
Republicans say the laws are necessary to protect elections from voter fraud. However, studies suggest in-person voter fraud is not a serious, widespread issue. A News21 report, a Carnegie-Knight investigative reporting project that looked at national public records, found 10 cases of alleged in-person voter fraud since 2000. That’s less than one case a year nationwide.
Husted’s office could not be immediately reached for comment. This story will be updated if a comment becomes available.
UPDATE (4:25 P.M.): Matt McClellan, spokesperson for Husted, called CityBeat after this story was published.
"The Tea Party has generally been critical of the secretary's position on voter ID," he said, referring to Husted's past opposition of strict voter ID laws. "The comments he made at the event last night were environmental in general about what the secretary thought had been happening at the statehouse. His position, in general, is unchanged."
When pressed about what Husted meant when he advocated for "streamlining" laws, McClellan said Husted supported "simplification" of the current system. McClellan could not offer more details on what that means, and he said specifics would be up to the legislature to decide.
Chris Redfern, Ohio Democratic Party chairman, responded to Husted’s suggestions in a statement: “As if Secretary of State Husted has not done enough to undermine access to Ohio’s polls, now he’s planning a secret post-Election Day assault on what forms of identification voters can present to cast a ballot. It’s no surprise that after slashing voting access across the state, using his office for partisan advantage, and lying about Issue 2, now Husted is making plans to create obstacles for African Americans and seniors to vote.”
It's kind of like dressing up as a child and pretending you're a police officer or some other adult occupation, or maybe it's more akin to playing house.
Equality Cincinnati (EC), a gay rights group, will have a booth on Fountain Square during this weekend's Equinox Pride festival. During the event, EC will unveil its new domestic partner registry. Same-sex couples can sign the registry to show their symbolic commitment to one another.
Jailing juveniles as a form of “rehabilitation” comes with an expensive price tag. More than money, the criminal justice system costs kids their rights and that state seems to be OK with that.
The lawsuit claims that Hebert was complying with instructions given by an investigating officer when he was shot and killed by Mitchell. The suit claims excessive force was used and that Mitchell “acted intentionally, recklessly, wantonly, and with deliberate indifference to the constitutional rights of Mr. Hebert.”
Hebert was shot and killed by Mitchell after officers responded to a 911 call around 3 a.m. during which an intoxicated man alleged to have been robbed by Hebert and assaulted with a pirate sword. Hebert was located sitting on a sidewalk on Chase Avenue in Northside about 10 minutes later. During subsequent questioning, officers say Hebert drew a knife and moved toward an investigating officer, causing Mitchell to believe the officer’s life was in danger. Mitchell shot Hebert twice, killing him. Toxicology reports found Hebert to have a blood alcohol content of 0.33 at the time of his death, along with marijuana and psychedelic mushrooms in his system.
Three investigations cleared police of any wrongdoing, but Friends of Bones says the facts from the investigations show Hebert complied with police orders during the encounter.
The lawsuit demands a trial by jury and compensatory and punitive damages, along with attorney’s fees, costs, disbursements and additional relief as the court deems proper. The suit, which is embedded below, was published on the “Friends of Bones” website (www.friendsofbones.org).
The incident has drawn considerable media attention, especially this week in conjunction with the anniversary of the shooting.
The Cincinnati Enquirer on Monday published a story titled “Reports: Cops came too close in killing of David 'Bones' Hebert” comparing accounts of the incident in public records to standard Cincinnati Police Department guidelines, which concluded that “police officers got dangerously close and failed to have a plan before approaching Hebert, who police thought was carrying a sword or large knife.”
Cincinnati Magazine’s May issue will feature a story, “Salvaging Bones,” which is subtitled: “David Hebert was a lot of things: the dreadlocked maker of burritos; a punk rocker; a womanizing, tatted-up former Jesus freak with a kind heart and a wild streak. What he wasn’t was a guy you’d expect to find dead at the end of a police standoff.”
CityBeat on Sept. 14, 2011 published a story titled “Digging Up Answers for Bones” in which friends and family of Hebert alleged that Hamilton County Prosecutor Joe Deters’ closing of the investigation was politically motivated.
CityBeat on May
4, 2011 published a story titled “A Shot in the Dark,” detailing
the early questions that surrounded the incident.
Republican Rep. John Becker is pretty upset that a
terminally ill gay man has earned the right to die in peace, and now
it’s become a very real possibility that other gay Ohioans might also
get to die (and live) in peace. And, just like my brother, he’s kind of trying to
ruin the game for everyone just because he’s losing.
In July, Judge Timothy Black heard the case of Jim Obergefell and John Arthur, a long-term gay couple who flew to Maryland to marry at the beginning of the month because Arthur is terminally ill, in hospice care, and not expected to live much longer.
Obergefell and Arthur sued the state of Ohio for
discrimination in not recognizing their out-of-state gay marriage, legal
and recognized in Maryland, when other gay couples residing in states
recognizing same-sex marriages and subsequently moved to Ohio would have
their marriages treated as valid. And because Arthur is terminally ill, it's just as much for the emotional connection as it is for any kind of economic benefit.
Here's what Obergefell wrote in his original complaint (grab a tissue):
“Our legacy as a married couple is very important to John and me… in two or more generations our descendants will not know who we are. Married couples, often through research based on death records, have recognition for their special status forever. I want my descendants generations from now who research their history to learn that I loved and married John and that he loved and married me. They will know that they had gay ancestor who was proud and strong and in love.”
In his ruling, Black called the case “not complicated,” explaining that he’d allow the marriage to be legalized on Arthur’s death certificate because it was likely a constitutional violation that the state of Ohio treated lawful out-of-state same-sex marriages differently than lawful out-of-state same-sex marriages.
In September, he ruled to allow the marriage of another gay
couple — David Michener and William Herbert Ives — after Ives
unexpectedly passed away in late August. Although these aren't (yet) blanket rulings, they're being interpreted as monumental victories for supporters of marriage equality.
Becker, then, decided to do the political equivalent of my brother running to my mom and accusing me of cheating; he wrote U.S. Rep. Brad Wenstrup and called for Black to be impeached for “malfeasance and abuse of power,” which apparently made him really concerned about the “federal government’s ever growing propensity to violate state sovereignty.”
Unfortunately, though, U.S. District Court judges are
appointed for life, so since Becker’s claims against Judge Black are
totally unfounded, Black is free to continue to anger Becker and other people who don't approve of equality for gay couples.
Alphonse Gerhardstein, the attorney for both couples, calls Becker's response to the rulings "bullying."
"Federal judges are granted tenure for life for a reason. It's their job to enforce core principles even when the majority disagrees," he says. "Look at the Dred Scott case. I think most people would agree that's the worst case decision ever made by a judge, and even he didn't get impeached." (In case you forget, he's talking about Dred Scott v. Sandford, the landmark 1857 U.S. Supreme Court ruling that ruled black people weren't citizens.)
Things that actually can get a judge impeached, says Gerhardstein, are offenses like having sex with a criminal defendant or taking bribes.
On Wednesday, Sept. 25, the court added licensed funeral director Robert Grunn, who is responsible for registering deaths and providing personal information to the state on what should go on a death certificate, to the list of plaintiffs. Grunn currently serves same-sex couples when he signs death certificates, says the lawsuit, including those with marriages recognized outside the state of Ohio. The lawsuit, if successful, could require all funeral directors to recognize gay clients as married on death certificates if they were legally married in a different state.
Gerhardstein also says since accepting Arthur and Obergefell's case, he and his colleagues have received inquiries from between 30 to 50 other gay couples seeking legal recognitions of their out-of-state marriages. For now, he says, he and his firm are concentrating on cases specifically involving recognizing same-sex marriages on death certificates, although this litigation could (and probably will) lead to other blanket rulings on how same-sex marriages are recognized in Ohio.
Another hearing with Judge Black is scheduled for Dec. 18.