The Conservation Board staff reviewed the standards required for conditional use and the Anna Louise Inn’s application, concluding that the facility should be allowed to operate as a “special assistance shelter.”
The Board is expected to rule on the permit Aug. 27 after receiving the recommendation and hearing testimony from the Inn’s administrators and supporters. Representatives from Western & Southern Financial Group, which sued the Anna Louise Inn over zoning violations in 2011, will also have an opportunity to testify.
CityBeat last week reported the details of Western & Southern’s failure to purchase the Anna Louise Inn when it had the chance and the company’s subsequent attempts to force the Inn out of the neighborhood (“Surrounded by Skyscrapers", issue of Aug. 15).
Tim Burke, lawyer for the Anna Louise Inn, is pleased with the staff’s determination that the renovation met all qualifications for conditional use.
“I was certainly optimistic that we would get a positive recommendation,” Burke says. “This is obviously an extremely positive recommendation and we agree with it.”
The staff recommendation states that the Anna Louise Inn “creates, maintains and enhances areas for residential developments that complement and support the downtown core” and that “no evidence has been presented of any negative public health, safety, welfare or property injury due to the current use.” It also notes that “the Anna Louise Inn is a point of reference from which all other new and renovated buildings must be designed in order to be compatible with the district.”
The Anna Louise Inn only applied for the conditional use permit because Judge Norbert Nadel ruled in Western & Southern’s favor on May 4, determining that the Inn is a “special assistance shelter” rather than “transitional housing,” which froze $12.6 million in city- and state-distributed loans for the Inn’s planned renovation. The Anna Louise Inn appealed that decision but also applied for the conditional use permit from the Conservation Board under the judge’s definition, because special assistance shelters qualify for conditional use permits under the city’s zoning code.
Francis Barrett, lawyer for Western & Southern, appears to have taken exception to the Anna Louise Inn’s application. He sent a letter to the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision.”
Barrett didn't return a message left by CityBeat with the receptionist at his law firm after a Western & Southern media relations representative directed CityBeat to contact him there. Francis Barrett is the brother of Western & Southern CEO John F. Barrett.
UPDATE: Francis Barrett returned CityBeat’s call after this story was published. His comments are at the end.
Burke doesn’t know what Barrett meant by suggesting that the proposed uses in the Anna Louise Inn’s application for conditional use don’t follow Nadel’s May 4 ruling.
“We’re doing what they argued in court,” Burke says. “Judge Nadel’s decision doesn’t ever exactly say ‘you’re a special assistance shelter.’ It certainly refers to the Off the Streets program that way and it certainly refers to (the Anna Louise Inn) as a single unified use. It says ‘go back to the appropriate administrators and seek conditional use approval.’ That’s what we’re doing.”
Stephen MacConnell, president and CEO of Cincinnati Union Bethel, which owns the Anna Louise Inn, says the hearing will involve testimony from himself and Mary Carol Melton, CUB executive vice president, along with supporters of the Anna Louise Inn.
“We’ll bring a few witnesses just to basically lay out the situation,” MacConnell says. “The board will already have the staff recommendation, so the witnesses that we’ll bring will briefly testify about how we meet the required standards.”
Western & Southern will have a chance to appeal if the Historic Conservation Board grants the conditional use permit. Burke expects that to happen.
“What I’m pissed about is Western & Southern, they don’t give a damn,” Burke says. “We can do exactly what Judge Nadel told us to do and get it approved as a conditional use. They will appeal it to the zoning board of appeals. We can win it there and they will appeal it and get it back in front of Judge Nadel and then I don’t know what will happen.”
The hearing is scheduled to take place at 3 p.m. Monday, Aug. 27 at Centennial Plaza Two, 805 Central Ave., Seventh Floor.
UPDATE 5:36 P.M.: Regarding the letter Francis Barrett sent the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision,” Barrett said Friday evening: “I just felt that the description in the submission was different from the description in the decision. I would say it was just not complete.”
When asked for specifics, Barrett said: “I’d have to get the decision out and look at it carefully. I don’t have it in front of me I just thought in general.”
Barrett said Western & Southern will give a presentation to the Historic Conservation Board on Monday but declined to elaborate because it wasn’t finalized.
When asked if Western & Southern will appeal a ruling in favor of the Anna Louise Inn, Barrett said: “It all depends what the decision states.”
A social worker that has written a new book criticizing Cincinnati’s development efforts in Over-the-Rhine will conduct a book signing Thursday.
Alice Skirtz, a Cincinnati native, is the author of Econocide: Elimination of the Urban Poor. She will host a book signing from 4:30-6:30 p.m. at Skirtz & Johnston bakery at Findlay Market, 113 West Elder St.
Proceeds from book sales at the event will be given to the Greater Cincinnati Coalition for the Homeless. Skirtz is the founding organizer of the coalition.
The book profiles growing economic inequalities in the city that is reflected in policy debates over contentious issues like panhandling, homelessness, planning and funding for affordable housing, zoning for social service agencies and site selection for shelters.
Written from a social worker’s perspective, Econocide focuses on advocacy for people who are most vulnerable in society to promote and make sure they’re included in the socio-economic policies of local government.
"Based on over 40 years of experience in working with the urban poor, I wrote this book to call attention to how they have become increasingly at risk of being removed permanently from the community and civic life," Skirtz said. "The growth of privatization has led to increasing economic inequities, lessening influence in administrative and legislative affairs, and decreasing access to housing and even public spaces. I intend for this book to lead to a change in how we treat the urban poor."
The book includes a blurb by David Mann, a local attorney who also is an ex-Cincinnati mayor and former congressman.
“You cannot read her book without tears coming to your eyes at some point and without wondering why a supposedly enlightened society cannot better balance the needs of the least among us with overall economic health and viability,” Mann wrote. “You will ask yourself why we cannot do better.”
Local angry guy Rich Hoffman should have stuck closer to the Glen Beck style that made Butler County Tea Partiers like him — too much Rush Limbaugh got the bull whip performer ousted today by the local organization he helped start.
The Enquirer reported this week that Hoffman recently ranted on his blog about a vague group of pro-school tax women in the district, calling them prostitutes and describing how their husbands “roll them over at night and insert their manhood” before leaving hundred dollar bills in their purses, and then defended the remarks when contacted by The Enquirer.
The Enquirer’s early report (updated once Hoffman got the axe) included the following:
The head of the anti-school tax group NoLakota wrote on his internet blog site that Lakota school mothers are “just prostitutes to their husbands who do everything they can to be away from them aside from the occasional sex.”
“Their husband’s (sic) roll them over at night and insert their manhood into these women of the bedroom and hundred-dollar bills find their way into their purses. The women don’t know what the man does to earn the money, nor do they care. They are busy saving the world one child at a time with howls of safety and more regulations as they rush to the polling places at election time,” wrote Hoffman, who is also a bullwhip performer and periodic guest on local radio talk shows regarding Lakota funding issues.
A photo of Hoffman wearing a cowboy hat and holding a whip had been presented on the homepage of The Enquirer for most of Thursday, when NoLakota Treasurer Dan Varney told the newspaper that Hoffman had been banned from further association with the group. Varney said the group’s decision wasn’t in response to the publicity of The Enquirer’s report.
Hoffman’s writings also include a reference to “crazy PTA moms and their minions of latte drinking despots with diamond rings the size of car tires and asses to match, (they) plot against me with an anger only estrogen can produce,” The Enquirer reported.
NoLakota says it has removed all references to Hoffman’s personal website, called "Overmanwarrior's Wisdom," (overmanwarrior.wordpress.com), where he writes lengthy diatribes against public school funding, teachers and political opponents and in one post compared the pressure he was under to that which Rush Limbaugh faced after calling a Georgetown University student a prostitute and a slut.
The progressive mode of attack they use to protect their positions which cannot withstand scrutiny is to attack people like Rush Limbaugh whenever he says something they believe they can use against him in an emotional argument. Conservatives typically are terrible at playing this game with progressives because they tend to operate on a belief system rooted in the truth. So they can easily be attacked because if they cross the line, they feel bad about it, and that guilt is used against them to change their behavior in the future.
Hoffman’s blog also includes numerous clips from the Glenn Beck TV show, a lengthy story about film production inspired by Peter Jackson’s The Hobbit and more several Star Wars clips.
Hoffman as of Thursday afternoon hadn’t responded to a request from The Enquirer seeking comment, and CityBeat never tried to contact him out of fear of him thinking we were treading on him.
The following is an
eight-minute video published on the Overmanwarrior site titled
“A Whip Stunt to Save America,” wherein Hoffman uses his patio
table as a metaphorical Constitution, a bowl of water as American
civilization sitting on top of a cup (everything we put our tax money
into) and then whips the cup out from underneath without spilling
civilization all over the Constitution and then says, “I don’t
really understand the progressive way of thinking — they don’t
really belong in this country in my opinion.”
More than 20 Occupy Cincinnati protesters were arrested last night just hours before a morning parade was scheduled to celebrate the life of local billionaire Carl Lindner, who died on Monday. The Enquirer's homepage this morning includes a lengthy account of the arrests and reactions by Occupy, along with a live feed covering the parade, which was to begin at Great American Ball Park and end near a Kenwood restaurant where Lindner enjoyed eating.
Lindner supporters gathered at various locations along the parade route, including dozens of Cincinnati Police standing outside District 1 around 9 a.m. Students stood outside a school on 9th Street singing songs about going to heaven. (Occupy Cincinnati representatives have not acknowledged the correlation.)
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.
We reported here yesterday that City Councilwoman Leslie Ghiz posted personal information on Facebook about two citizens who had emailed criticism about her pressuring of City Manager Milton Dohoney to remove the Occupy Cincinnati protesters. The news quickly spread on Twitter (which you can follow in our live aggregator below), and Ghiz removed the posts shortly thereafter.
The incident might not seem like the hugest deal — largely a petty socio-political discussion on a conservative's personal Facebook page among a bunch of likeminded people. But the publication of the home and email address of a citizen who opposes an elected official crosses a major ethical line.
We purposely didn't publish screen shots of the posts due to the private information involved. It would have been relevant only in demonstrating the pettiness with which Ghiz offered the critics' opinions to her collection of angry friends. “These are some of the lovely emails my campaign has been getting because I believe the law should be applied evenly and equally to everyone,” the first introduction reads. How does she expect people to react to such sarcasm? “Oh dear, Leslie, I also care not for such a movement and its collection of anarchic rogues. Let me set down my tea cup and console you."
A federal judge has ordered police to stop ticketing Occupy Cincinnati protesters after the group filed a lawsuit against the city for banning people from Piatt Park when it closes. The city has already ticketed protesters approximately $25,000.
J. Robert Linneman, one of the attorneys who filed the suit, according to Bloomberg Businessweek:
"This case is not about the whether you agree with the political views of Occupy Cincinnati or Occupy Wall Street; it's about the right of the people to assemble in a public park and to engage in protected speech."
No matter what a politician says, coal has never been and can’t be “clean” or serve as an “alternative” fuel that’s good for the environment. On position held by many groups is that limiting the use of coal is necessary to create the incentive to come up with energy alternatives that truly don’t harm the environment. The League of Women Voters is one of those groups.
When staff writers leave CityBeat they have, in the past, had an opportunity to publish a “so long” piece. It’s usually done as a column or a first-person commentary. My last piece for CityBeat will be a review of a new book that looks at the current U.S. slave market.