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.
Phew. It's only Tuesday and this week is already shaping up to be super intense. Let's get into it.
One of the Cincinnati area’s two abortion clinics must close, a Hamilton County magistrate said yesterday, though his official ruling on the matter will come July 10.
Magistrate Michael Bachman’s decision is the next step in a long legal process that began in January, when the Ohio Board of Health ordered Women’s Med clinic in Sharonville to close because it did not comply with an Ohio law requiring all outpatient abortion clinics to have the ability to transfer patients to local hospitals. A 2013 Ohio law made complying with that rule more difficult by prohibiting tax-funded public hospitals from entering into such transfer agreements.
The clinic appealed the decision, asking for a waiver to the rule. That initial request was denied, and as the clinic continues its appeals, a Hamilton County judge ruled it could stay open. Bachman’s ruling, which must be approved by the original judge, would overturn that temporary reprieve. The area’s other clinic is a Planned Parenthood facility in Mount Auburn called the Elizabeth Campbell Surgical Center. If both shut down, Cincinnati will be the largest metropolitan area in the country without access to a local abortion clinic, The Enquirer reports.
• Speaking of questionable decisions regarding women’s health, Ohio Attorney General Mike DeWine led a group of 19 other Republican AGs who filed a brief supporting Hobby Lobby before the Supreme Court ruled on the recent contraceptive case. The brief likely had little bearing on the final outcome and was more a political gesture from DeWine and others who are dead set against President Obama’s Affordable Care Act. The ACA is at the center of the Hobby Lobby case, which involved the company’s refusal to cover under its health insurance plan certain birth control devices it believes cause abortions. Scientists disagree with that assertion, but the court went with Hobby Lobby in a 5 to 4 decision yesterday.
DeWine’s opponent for attorney general, Democrat David Pepper, questioned whether the AG should have been filed the brief on Ohio taxpayers’ dime.
“Hobby Lobby has its own attorneys,” Pepper said. “They’re good lawyers, some of the best in the country. Let Hobby Lobby make its own arguments.”
* Some of Ohio’s heavy hitters are in town today to celebrate Cincinnati’s new agreement with General Electric. Gov. John Kasich, Sen. Sherrod Brown, Rep. Brad Wenstrup and a number of other political and business leaders are set to attend a special ceremony celebrating the deal downtown today. GE’s new site is expected to bring about 2,000 jobs to The Banks when it’s all up and running.
• Also going on downtown today, possibly: I saw a tweet floating around saying that the world’s longest Bierwurst, a 250-foot-long beer-flavored sausage, will be served at Fountain Square at 11:30 am. I haven't been able to confirm that, but you can bet I'll be there to investigate this mysterious meat monstrosity.
• A study by State Impact Ohio shows that the tax burden paying for Ohio’s schools has shifted in the past two decades. The business community is paying less and individual homeowners and other small landowners are paying more, according to the study. Individuals paid 46 percent of school taxes in 1991 and now pay 70 percent due to changes in the way businesses are taxed. Ohio schools get much of their operating money from these property taxes.
• This month marks the 50th anniversary of the 1964 Civil Rights Act, which was passed July 2 that year. Here’s an in-depth look at how the law came to be and a pretty depressing take on why it probably wouldn’t pass in today’s Congress.
The big news this morning is that President Obama will reportedly tap one of Cincinnati’s most prominent business leaders to head the Department of Veterans Affairs, which has been mired in some pretty hefty troubles lately.
Obama is expected to nominate former Procter & Gamble CEO Bob McDonald for the post. McDonald has a long military history — he’s a West Point grad and former Army Ranger — as well as having a lot of leadership experience with large, complex organizations. He became just the twelfth CEO at P&G in 2009 and left last year. He’s also the leader of the Cultural Facilities Task Force, which has been working to find ways to preserve both Union Terminal and Music Hall.
Despite his impressive resume, McDonald has his work cut out for him. The VA has recently faced a number of charges of mismanagement stemming from botched record keeping and long wait times for care, which critics say have resulted in the deaths of patients.
• In what has to be the biggest national news of the day, the Supreme Court ruled that employers can refuse to offer birth control as part of their insurance packages for religious reasons. The case involves the Hobby Lobby corporation, which refuses to offer contraceptives due to the Christian beliefs of the corporation’s founders. Some polls show that many Americans believe corporations shouldn't be allowed to decide what kinds of items are offered via health insurance, though pro-life groups are applauding the ruling.
The decision split the court 5 to 4, with all five in the majority men. If you're completely befuddled and saddened by the ruling, take heart from Justice Ruth Bader Ginsburg's dissenting opinion, which truly breathes hot fire. In it, she points out that some forms of contraception can cost a month's wages for minimum wage employees, that the court's ruling opens up a huge grey area about what can and can't be decided by corporations in terms of health care. She also warns that the court has "ventured into a minefield."
• I ride a bike to work so I don’t have to deal with traffic and roads being closed and whatnot. This usually works out great and I get to zip past all the chumps sitting in their idling cars. (Sorry if you drive to work. You’re not really a chump. I just hate driving and am really impatient in the mornings.) Except today. Twelfth and Race is shut down for streetcar work, throwing a serious obstacle in the route I and a lot of other people take. It’s going to be closed for the next six weeks. Also closed for the short-term: 12th and Clay, but that should be back in action Wednesday. Let’s just keep reminding ourselves that this is a sign that progress is happening, and that it’s a good thing. In the meantime, I need to figure out how to build that zip line I’ve been planning from my house to CityBeat’s office.
• The Enquirer today has a piece about “boomerang” residents — folks who move away to big metropolises but come back to the Queen City. As one of those folks myself, I feel fairly certain most people move back for the same reasons I did: easy access to Skyline and Putz’s blue soft serve ice cream. Mystery solved.
• An area man is about to go on trial. In North Korea. Jeffery Edward Fowle of Miamisburg visited the isolated totalitarian country in April and has been detained ever since for “hostile acts” against the state. Rumor has it he made disparaging remarks about North Korean ruler Kim Jong-un’s best friend Dennis Rodman and his rebounding skills.
• The Ohio State University welcomes its new president today. Michael Drake will be the school’s 15th head and the first African American to take the post. Drake was previously chancellor of University of California Irvine.
• ISIS, the brutal insurgent group of militants who have taken over a large swath of Iraq and some of Syria, have declared themselves a religious state governing the territory they’ve captured. That declaration is a challenge to the U.S.-supported Iraqi government's sovereignty and a new level of trouble for the already chaotic country. Meanwhile, the Iraqi government is making moves to take back some ground they’ve lost to ISIS, and Iran has pledged to fight the group as well, suggesting no end on the horizon for the bloody conflict.
* Finally, Colombian drug kingpin Pablo Escobar has been dead for two decades, but Smithsonian reports his legacy lives on in the form of the country's hippo infestation. That's gangster.
So I'm a bit late with news this morning, or the morning was a bit early, one of those. It probably has something to do with CityBeat winning six Cincinnati SPJ awards last night. Though I wasn't part of the team in 2013 when those awards were earned, I did my part by putting in extra hours celebrating.
Anyway, enough about us. Here's what's going on in the world.
Cincinnati’s startup community got some love yesterday when America Online cofounder Steve Case rolled into town with his Rise of the Rest tour, which celebrates entrepreneurs in American cities. Case praised Cincinnati’s progress in bringing vitality back to its downtown area and credited that renaissance at least in part to the city’s startups and young entrepreneurs.
U.S. Chamber of Commerce Secretary Penny Pritzger, who is riding shotgun on the tour, also praised the Queen City for the level of access startups have to the large corporations in town. She said what the city needs now is a big hit — a startup that really makes it big and shows the world that Cincinnati is a great place to start a business.
Mayor John Cranley was in the mix as well, touting Cincinnati’s strengths as a marketing town. He called the city “the best place in the world” for marketing entrepreneurs. While that’s kind of like your parents talking about how awesome you are to their work colleagues (of course he’s going to say that), Cranley’s point holds some weight — with so many big companies in town needing all sorts of fresh ideas, it can’t hurt to be living at their doorstep if you’re hoping to do some business with them.
One Cincinnati startup, called Frameri, got $100,000 from Case and an invitation to pitch their business in Washington, D.C. Frameri, which makes high-style glasses with interchangeable frames and lenses, beat out seven other local businesses in a pitch competition. The company is an alum of OTR’s business incubator The Brandery. No word from Case yet on my business idea, which involves a food delivery service that launches burritos from those pneumatic tubes you see in old bank building drive-thrus. Still waiting for that call, Steve…
• In other downtown news, Kroger is adjusting its ideas about starting a grocery store in the Central Business District. The Business Courier reports that Kroger CEO Roger McMullen discussed the chain’s plans for a downtown store at yesterday’s annual shareholder meeting, revealing that less may be more in the company’s eyes. Kroger had been mulling a full-size store here but is now considering something smaller and more specialized.
• Councilman P.G. Sittenfeld and other Democrats held an event this morning near UC criticizing Gov. John Kasich and the Ohio legislature for the low level of funding for higher education in the state. Democrats also gathered in Columbus to protest dwindling education spending, which they say make college unaffordable for many Ohio families. One talking point — Ohio’s budget spends less than 10 percent on higher education for the first time in four decades. Gov. Kasich has acknowledged that college affordability is a problem but says schools need to do more to cut costs and make sure degrees lead to good-paying jobs.
• The Associated Press reports that Ohio Attorney General Mike DeWine’s office is having a difficult time documenting how it goes about choosing law firms for special assignments. DeWine says there’s a rigorous process used to vet firms and decide who gets the lucrative state contracts, but public records request by AP found… nothing. It’s entirely possible that the AG’s dog ate the records or that maybe DeWine just keeps all that info in his head. The revelation comes as allegations are being made that these kinds of contracts are often awarded to firms who donate to the state Republican party. DeWine’s opponent for the AG post, Cincinnati-based lawyer David Pepper, has said DeWine’s office is engaged in a “pay to play” arrangement. DeWine, however, says his office’s choices are transparent and fair.
• A study by the Federal Reserve Bank of New York found that political polarization, which is at an all-time high, contributes to income inequality. This is kind of like a two-for-one in the “hot political topics” world. The study doesn’t go so far as to nail down why the gap between America’s political ideologies tracks so closely with the gap in rich and poor Americans’ incomes, but it does make a couple guesses, which are worth reading about. Basically, it may have to do with the country’s rightward shift toward policies that tend to benefit more wealthy citizens. Or heck, maybe it’s just a big crazy coincidence and the tea party really will make everything great for everyone if we only embrace their Mad-Max style dreams for a government-less future. Could be.
A national group working to convince companies to change the way they buy produce picketed Kroger's annual shareholder meeting Thursday.
A national group working to convince companies to change the way they buy produce picketed Kroger's annual shareholder meeting Thursday.
About 100 activists showed up, holding signs and chanting as shareholders filed into the meeting at Music Hall. Some were local, while others came from Columbus, Florida and elsewhere.
The group organizing the event, Coalition of Immokalee Workers, is based in Immokalee, Fla., and pushes for higher wages and improved working conditions for farm laborers. A large amount of produce production takes place in Florida and throughout the South, and the industry is rife with complaints of worker exploitation and mistreatment.
Hundreds of thousands of farm workers labor in Florida, and many make just pennies per pound picked, meaning it can take picking a couple tons a day to make a living wage. That’s if they make any money at all. Florida has prosecuted a number of cases of slave labor in the agricultural industry in the past decade and a half, leading to the discovery of more than 1,000 people being exploited for unpaid slave labor.
The adverse conditions affect people of color disproportionately. A study by the Center for Racial Justice Innovation found that 50 percent of low-wage workers in the food industry are people of color, and that 65 percent of low-wage farm workers are Hispanic.
CIW started in 1993 as a small, local coalition working to improve these conditions, specifically working with tomato pickers. The group began near the city of Immokalee in southwest Florida, known as “the tomato capital of the world.” The organization had big success pushing for higher wages and better treatment and has grown to become a national-level organizing group for workers.
Oscar Otzoy picks produce and advocates for farm labor rights. He’s working in Columbus now but lived in Immokalee for eight years before that. He's been involved in the coalition to improve farm workers’ rights that entire time.
He says before the coalition, working days in the fields were long, and workers had little recourse when they were mistreated.
“Back then, you’d work long, hard hours, and if you were abused in the fields, if you were a victim of sexual harassment, as many women are, there was no system,” he said. “If workers wanted to complain, they would be fired on the spot. That’s all changing now.”
Otzoy says the life of a farm laborer can be hard, especially without groups like the CIW.
“You wake up very early in the morning, usually about 4 a.m., and then get on a bus to the field to work,” said Otzoy, describing a typical day before he joined the coalition. “But when you get there, you usually don’t start working until about 10 a.m., when the pesticides have dried and it’s safe to enter. All the time in between is unpaid.”
The CIW’s Fair Food Program, an effort to address some of the hardships of work in the produce industry, pushes for an extra cent per pound paid to workers, supports a code of conduct for companies and educates workers about their rights. CIW says the Fair Food Program has resulted in $12 million in extra pay for workers since it was first instituted.
McDonalds, Burger King, Taco Bell, Subway, Chipotle, Trader Joes, Whole Foods and Wal Mart, among other large companies responsible for billions of dollars in the produce trade, have all participated in the Fair Food Program. Some staunch holdouts include Wendy’s and Publix, a Southern grocery store chain.
Kroger is another company that has yet to join in.
“We’ve been here every year, and we’re trying to grow our numbers,” said Sameerah Ahmad, a local organizer working with CIW at the protest. “We’ve been organizing these protests for a few years. We want to show escalation and pressure and show we’re not going way.
Kroger is the nation’s largest grocer after Wal-Mart, with total sales of more than $34 billion. The chain has not yet responded to calls to join fair food efforts. While the company itself hasn’t participated directly in any known agricultural injustices, Ahmad said that as part of the produce industry, the company should make sure it’s sourcing its food ethically.
“Kroger can take a big step by supporting workers’ rights in the fields,” she said.
Alright, it’s pretty early in the morning for me, so please forgive me for the following hokey, news-related metaphor.
Cincinnati City Council is about to go on summer vacation, but they’ve spent the past few days doing all their homework, including at least one pretty tough math problem. Yesterday they turned their work in, giving final approval for deals that will bring more than 4,000 jobs to the city. These include an eventual 600 new jobs from Cincinnati Bell, which is consolidating its operations downtown, and another 650 new jobs from Catholic Health Partners, which is moving to Bond Hill.
They also made some more controversial decisions, including giving 3CDC preferred developer status over 33 properties north of Liberty Street. The neighborhood’s community council has balked at that idea, saying room needs to be made for independent developers, affordable housing and community input.
The toughest fight came over what to do about two affordable housing projects vying for the same pot of $1.9 million. In the end, council’s Budget and Finance Committee did some subtraction, giving $1.3 million to Over-the-Rhine Community Housing and holding back the rest for supportive permanent housing, possibly in the form a project in Avondale, though that project has received some criticism.
• Mayor John Cranley was scheduled to join U.S. Secretary of Commerce Penny Pritzger and America Online co-founder Steve Case at Fountain Square this morning to talk about start-ups and entrepreneurialism. The event kicked off at 9:30 a.m. and was part of the “Rise of the Rest” tour, which celebrates start-up culture in America’s cities.
• The National Trust for Historic Preservation has been all over Cincinnati of late. A few days ago, it put two Cincinnati buildings on its list of 11 most endangered in the country. But it’s also given the city some positive attention, penning this blog/love letter to Cincinnati’s brewery scene. Aw shucks, thanks guys.
• There’s a bear out there, and he’s been looking for love in all the wrong places. The black bear seemingly wandered into Ohio from Kentucky sometime earlier this week and has most recently been spotted in Montgomery. An Ohio Department of Natural Resources spokesperson told WXIX that the bear is “looking for a girlfriend” and that the limited bear population in Ohio means he’ll probably have little luck. Which makes me wonder: Whose job it is to teach this bear how to use Tinder?
• Ohio has seen its Hispanic populations grow in every county except one, even as the state’s non-Hispanic population declines. The state gained about 32,000 people who identify as Hispanic between 2010 and now, and lost 7,000 people identifying as non-Hispanic. The ethnic designation is a bit problematic — it has nothing to do with race and identifies people from a range of countries with a range of backgrounds — but in general refers to those who identify with cultures from Mexico, Central or South America. The boost in the Hispanic population isn’t so much due to immigration, demographers say, as it is to birthrate. More American-born Hispanics have recently come of age and started having children, according to the study done by the Census Bureau.
• A recent study suggests America's housing situation is about to change dramatically as more of the Millennial generation surges into the housing market. That could have huge implications for rental costs, housing availability in the city and the supply of affordable housing, experts say.
• Speaker of the House John Boehner, R-West Chester, is threatening to sue the Obama administration over his use of executive orders and his supposed failure at enforcing laws properly. The suit is also rumored to include a dispute over a used 1986 Pontiac Firebird Boehner bought from Obama on Craigslist that Boehner says has a pretty bad oil leak. No, no, it's actually just the first two. Because you know, Congress has been SO SO GOOD at its job lately.
• Finally, it’s been a mixed-up ride for the tea party of late. The insurgent conservative movement gained a huge victory when House candidate David Brat toppled Majority Leader Eric Cantor. But bruising primary results in other states, including Mississippi, haven’t been great for the movement. There, incumbent Senator Thad Cochran held on to his seat even after he was down in the primary election to tea partier and State Senator Chris McDaniel. But Cochran thumped McDaniel in a runoff election. Other primaries taking place in the past few days have shown similar results. The losses certainly don’t represent the end of the conservative phenomenon, but it seems candidates sponsored by outside groups like Club for Growth and Freedomworks are not gaining the traction conservative activists had hoped for. Which, you know, is great, because these guys are usually pretty nuts.
FitzGerald will walk in the parade, but will not hold a speaking event. The parade will be his only public appearance while he is in Cincinnati.
“He knows it’s a great celebration for the 4th of July and he enjoys the Cincinnati area,” campaign press secretary Lauren Hitt says. “He’s excited to get out and see some folks there.”
The Cuyahoga County executive and democratic nominee will face incumbent Republican Gov. John Kasich this November. FitzGerald recently signed on for five debates — Cincinnati, Cleveland, Columbus, Sandusky and Zanesville — against Kasich.
This past weekend FitzGerald walked in the Columbus Pride Parade, in line with his support of same-sex marriage.
Last year, Gabrielle Gifford’s appeared in Northside’s annual community parade and held a rally on gun control before the parade.
Member of parade committee Ollie Kroner said the parade organizers typically invite city politicians, but FitzGerald reached out to the parade.
“I just think the parade has a reputation beyond our side and beyond the city,” Kroner says. “When politicians want to come and get a taste for local flair the parade is a great venue for that.”
The parade will take place at noon on July 4 and travel south on Hamilton Avenue through the Northside business district. It is part of the three-day Northside Rock n’ Roll Carnival.
As previously noted, tons happened yesterday. Let’s dive in now that the dust is settling.
The Cultural Facilities Task Force pitched its ideas for ways to fund Union Terminal and Music Hall renovations to Hamilton County Commissioners. The group of business leaders suggested a tax levy that would raise either sales or property taxes to net about $300 million for the projects. Both buildings need significant work. The sales tax would be a quarter of a percent, while the less-favored property tax would amount to about $35 a year on a $100,000 home. The task force recommended the sales tax in part because it will net money from visitors who don’t live in the county as well as residents. But some experts say sales tax puts more burden on the low-income.
The Cincinnati Zoo saw all that prospective cash and decided it wants in. Zoo Director Thane Maynard wrote a letter to the commissioners asking them to consider cutting the zoo into the deal. Many of its buildings are old, even historic, and in need of restoration, Maynard said. Commissioners were skeptical about the possibility of extending the money to three cultural institutions, though they noted the zoo’s needs.
Both Music Hall and Union Terminal were just placed on the National Trust’s list of 11 most endangered buildings. They’re the only two in Ohio on the list, which, if you think about it, is pretty astounding. It’s the first time the Trust has spotlighted two buildings in the same city on its list.
• 3CDC is one step away from gaining preferred developer status for 33 buildings around Findlay Market after the council’s Budget and Finance Committee approved its request yesterday. The status means 3CDC would vet and approve development projects proposed for the buildings as well as carry out its own. It’s the first major play by the development group north of Liberty Street.
OTR Community Council wrote a letter last week to the Mayor John Cranley asking for the city to hold off on the deal, citing concerns about resident involvement and affordable housing. Stay tuned for our in-depth news story about developments north of Liberty, coming tomorrow. Council takes a final vote on 3CDC’s request at tomorrow’s council meeting.
• Also in the Budget and Finance Committee meeting yesterday, council members navigated a tricky conundrum between two affordable housing projects looking for funds. In the past, council has supported giving about $500,000 to a project in Avondale call the Commons at Alaska. The project would provide permanent supportive housing for about 100 people, including some who are disabled. That money would come from a pot of federal funds totaling about $1.9 million. However, Columbus-based developer NCR has encountered difficulties with its chosen site as some members of the surrounding community have protested the plans.
Meanwhile, Over-the-Rhine Community Housing has been working with a developer on a plan to buy 40 subsidized units in neglected properties in Pendleton and renovate them. The city administration indicated they’d have access to that same $1.9 million, so the group didn’t go looking for other money. The two groups found themselves at an impasse. Neither wanted to compete with the other for the money, but both need the funds for their projects. Vice Mayor David Mann suggested splitting the money, and after some wrangling the committee parceled out $1.3 million to the Pendleton project and will hold the rest until the Commons at Alaska, or some other permanent supportive housing project, is ready to go online.
• Representatives from Columbus were in D.C. yesterday to make the case that Columbus is the best possible host for the Democratic National Convention. They're competing with Cleveland and some other cities that aren't in Ohio for the event, which will determine the party's nominee for president in 2016. Both Columbus and Cleveland also courted the GOP for the Republican convention, but I won't tell if you don't.
• There’s a terrible “born again” joke in this next story, but I will not be the one dropping it. Just the facts: A guy from the U.S. got stuck in a giant vagina sculpture in Germany. It took 22 rescuers 30 minutes to get him out. America!
• If you can’t take the Heat, get out of Miami. At least, that’s what someone has advised LeBron James, and he's apparently listening. Ohio’s not-yet-prodigal son has opted out of the last two years of his contract with the team and is now a free agent, according to news reports. It’s not certain that he’ll leave the Heat, but it’s clear he’s at least taking stock of his options. Meanwhile, the entire city of Cleveland sits patiently, waiting for that “so, what’s up?” text message from James…