In the ongoing saga of Western & Southern vs. the Anna Louise Inn, there have been several court cases and zoning rulings, most of which have been appealed by one side or the other. Today it was the Cincinnati Zoning Board of Appeals’ turn to rule on something that’s already been ruled on, and it went in favor of the Anna Louise Inn.
The Board upheld a certificate of appropriateness for the Anna Louise Inn’s planned renovation, which essentially also upholds the Historic Conservation Board’s right to issue a conditional use permit — at least for now. Western & Southern is expected to appeal that permit, granted by the Conservation Board Aug. 27, before its 30-day window to do so expires.
Before this series of appeals can play out, the 1st District Court of Appeals will hear arguments in the Anna Louise Inn’s appeal of Judge Norbert Nadel’s May 27 ruling, which set in motion the Inn’s attempts to secure zoning approval from the Historical Conservation Board in the first place.
(All of this could have been avoided if Western & Southern would have purchased the Anna Louise Inn when it had the chance. CityBeat previously reported the details of Western & Southern’s failure to purchase the Inn and the company’s subsequent attempts to force the Inn out of the neighborhood here.)
About 40 people attended today’s hearing, including City Councilman Wendell Young, who said he supports the Anna Louise Inn but was not there to testify on its behalf.
By upholding the certificate of appropriateness, the ruling keeps alive a conditional use permit that could allow the Anna Louise Inn to move forward with a $13 million renovation of its historic building, once the expected appeals process plays out. (CityBeat covered the Aug. 27 Historical Conservation Board hearing here.)
The Board heard brief arguments from lawyers for both Western & Southern and Cincinnati Union Bethel and then entered executive session for about 15 minutes before ruling in favor of the Anna Louise Inn.
Western & Southern lawyer Francis Barrett, who is the brother of Western & Southern CEO John Barrett and a member of the University of Cincinnati Board of Trustees, told CityBeat after the meeting that he disagreed with the board’s finding because a designed expansion of the building’s fifth floor has not yet had its use approved.
“With this case, the Historical Conservation Board is basically approving for the certificate of appropriateness the design of the building,” Barrett said. “But the design included an expansion of the fifth floor, and until that use issue is resolved the code reads, in my opinion, you can’t approve the design because the use hasn’t been approved.”
Barrett during the hearing read a written statement to the board arguing two main points: that the Historic Conservation Board didn’t have the jurisdiction to grant the certificate of appropriateness; and even if it did, Barrett argued, the physical expansion planned makes it a non-conforming use which wouldn’t qualify for the building permit.
Cincinnati Union Bethel attorney Tim Burke told the Board that the Anna Louise Inn is not seeking a permit for non-conforming use because it already received a conditional use permit from the Historic Conservation Board.
“Western & Southern is doing everything it can to block this renovation from happening,” Burke told the Board.
At the Historic Conservation Board hearing last month
Western & Southern tried paint a picture of the Anna Louise Inn’s
residents contributing to crime in the area because a condition of the
conditional use permit is that the building’s use will not be
detrimental to public health and safety or negatively affect property
values in the neighborhood. But the Board granted the permit, stating
that the Anna Louise Inn will not be detrimental to public health and
safety or harmful to nearby properties in the neighborhood and that the
Board found no direct evidence connecting residents of the Anna Louise
Inn to criminal activity in the neighborhood. Western & Southern has until next week to appeal that ruling.
That will be the headline on March 3 after the state kills Jeff Hill even though the victim’s family is begging the parole board and governor to spare Hill’s life.
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.
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."
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."
Panelists including the parents of slain Florida teenager Trayvon Martin talked about reconciliation and turning personal suffering into power at the National and Racial Healing Town Hall at the Duke Energy Convention Center on Wednesday during the Children’s Defense Fund National Conference.
Tracy Martin, Trayvon’s father, broke down in tears as he told the story of how his son saved his life by dragging him out of their condo and calling 911 after Tracy had been badly burned in a grease fire.
“My child is my hero,” Tracy Martin said. “He saved my life. Not to be there to save his is troublesome to me.”
Trayvon Martin was shot and killed on Feb. 26 in Sanford, Fla. by neighborhood watch volunteer George Zimmerman.
Trayvon, who was black, was unarmed and shot by the white and Hispanic Zimmerman after Zimmerman pursued him in defiance of a request by a police dispatcher. Zimmerman claims the shooting was in self-defense.
Zimmerman is out on $1 million bail while awaiting trial on a charge of second degree murder.
“Nothing anyone can do will bring Trayvon back,” Tracy Martin said. “You have to take that negative and turn it into a positive. We chose to keep our son's name alive and not let his death be in vain.”
The town hall-style meeting was kicked off by poet and author Maya Angelou. She urged the hundreds of people in attendance, mostly young and black, to demand justice for Trayvon — referring to Zimmerman as “the brute” — but “that means we don’t become poisoned by hate.”
Angelou wasn’t the only one who urged against hate.
Black historian and civil rights activist Vincent Harding, who celebrated his 81st birthday on Wednesday, issued a challenge to the youth in attendance:
“Are you ready to fight for the healing of George Zimmerman and all the George Zimmermans of America? Are you up to that?” he asked.
“This country has no chance unless they are healed.”
The panel was made up of social activists, many of whom had lost friends and family to violence or bigotry, but whose pain prompted activism instead of retaliation — panelists such as The Rev. Ronald and Kim Odom, who lost a son to gun violence but volunteer in intervention and outreach programs; Clemmie Greenlee, a former prostitute and gang member who formed a peacemaking organization to work with gang members after her son was killed; and Ndume Olatushani, a former prisoner who was released in June after 19 years on death row after being falsely convicted of murdering a Tennessee shopkeeper.
The younger members of the audience were encouraged to ask questions after the panel presentation. Teenagers and young adults from as far as Tennessee, North Carolina and Minnesota asked questions about dismantling the system of racial oppression, overcoming odds stacked against young minorities and having society see past an old felony conviction.
The panelists all tried to offer encouragement, while urging the younger generation to continue to try to fight to make things better.
“When you look at the odds, it’s so horrific for a young minority American, you say ‘why even try, why even bother?’ ” said Benjamin Crump, a civil rights attorney who is representing Trayvon’s mother Sabryna Fulton. “But the reason you try and you bother, there is so many examples where we beat the odds every day and nobody even know about it or talked about it.”
“It goes back to you and saying, ‘I am going to make something of myself. I don’t care about the statistics, I don’t care about the odds.’ … You say, ‘well, if it’s one out of a million, I’m going to be that one.’”