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.
The man that some City Council members want to put in control of policing in Cincinnati once blamed liberal judges, feminists, atheists, civil libertarians, and gays and lesbians as responsible for crime in U.S. society.
Cincinnati officials spent five years and millions of dollars trying to improve police-community relations in the wake of the 2001 riots, as part of a series of reforms mandated by a federal court that became known as the Collaborative Agreement. Now some of the people involved in that process are worried that a proposal to abolish the local Police Department and contract services to the Hamilton County Sheriff's Office could jeopardize the progress.
Ohio Secretary of State Jon Husted announced today he will direct Ohio’s county boards of election to adopt standardized early voting hours.
In-person early voting begins on Oct. 2. In a directive, Husted said he wants the first three weeks to be kept to standard voting hours, or 8 a.m. to 5 p.m. on weekdays. An exception is made for Oct. 9, which will have voting hours of 8 a.m. to 9 p.m., to make up for polls being closed on Oct. 8 in observance of a state holiday.
For the final two weeks of early voting, Husted said he wants hours extended to 8 a.m. to 7 p.m. Another exception is made for the final day of early voting — Nov. 2 — that has voting hours last from 8 a.m. to 6 p.m. because state law requires all early voting ends at 6 p.m. on Nov. 2.
The polls will still not be open on weekends throughout the entire process, however.
The news comes amid a state issue that has gained national attention in recent weeks. Democrats have been accusing state Republicans of suppressing Democratic votes by extending in-person early voting hours in predominantly Republican counties and keeping shorter hours in predominantly Democratic counties.
Ohio Democrats are not pleased with the call to uniform rules. Jerid Kurtz, spokesperson for the Ohio Democratic Party, told CityBeat yesterday that the call for uniform rules is “pure silliness.” He said counties have differences, so they need different voting rules. He called on Husted to stop worrying about uniformity and county budgets and instead worry about managing elections and “empowering people to vote.”
Today, Democrats released another statement lashing out at the uniform rules. In a statement released shortly after Husted's press conference, Chris Redfern, chairman of the Ohio Democratic Party, said the new directive was limiting voting access by eliminating weekend voting and slashing hours.
However, the directive will actually extend early voting
hours in the predominantly Democratic counties of Lucas, Cuyahoga,
Summit and Franklin that were bound to the old hours of 8 a.m. to 5 p.m. throughout the entire early voting process.
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."
It was the first opportunity council members had to publicly question the budget’s architects. The proposed budget would cover the first half of 2013. The city is switching over to a fiscal year starting in July.
Many council members expressed concern over the plan to use $21 million from a proposed 30-year lease of the city’s parking meters, garages and lots to help close a $34 million budget deficit.
“It seems like … the city budget wins, but the citizens are losing,” said Councilman P.G. Sittenfeld.
City Manager Milton Dohoney said the parking facilities net Cincinnati about $7 million a year. That would equal out to about $210 million over 30 years.
Sittenfeld called into question the wisdom of leasing the facilities for an estimated $50 million and taking half of the profit, for an earnings of about $150 million over 30 years.
Other council members expressed concern that whoever leased the parking would hike rates, something Councilman Cecil Thomas dismissed.
“The market would dictate the rates that are charged,” he said.
Dohoney said a combination of cuts, savings, revenue, projected growth and one-time funding sources helped eliminate the $34 million deficit. He said a budget containing only cuts would result in the layoff of 344 city workers.
A slide show provided by the city showed that 802 positions had been cut since 2000.
Dohoney advocated eliminating the property tax rollback promised as part of the deal to build two new sports stadiums in 1996. He said it would bring in about $9 million a year. However council has had little appetite to allow any increase in taxes as the city recovers from the Great Recession. Property taxes make up about 6 percent of the budget fund used to pay most of the city's operating expenses.
The cuts proposed in the 2013 budget include eliminating
support for public access company Media Bridges, the Downtown and
Neighborhood Gateways Program, Juvenile Firesetter Program and Arts
It would also eliminate the Cincinnati Police Department’s Mounted Patrol, which covers downtown on horseback. Dohoney said that would allow Cincinnati Police Chief James Craig to redeploy those nine officers elsewhere. Dohoney said Craig had asked for a new recruit class of 50, but Dohoney requested 30. He said the additional nine from the horse patrol would bring that closer to 40.
Dohoney said he was also allowing 10 additional recruits to cover patrols of University Hospital, which is no longer going to use University of Cincinnati police starting Jan. 1.
He said the police department would also look for ways to save money by increasing the involvement of civilian members who could do things like take reports of non-injury car accidents.
Councilwoman Laure Quinlivan asked if the budgeteers had considered restructuring the police force to save money. She has long been a proponent of “right-sizing” the police and fire forces, saying staffing levels remain at a high while the city’s population is shrinking.
The proposed budget also includes investments in business groups that promote economic development, like the Port Authority, Greater Cincinnati Partnership, Film Commission and African American Chamber of Commerce.
Councilman Chris Seelbach praised Dohoney and his budget team, saying he saw Cincinnati as being better off than it had been six years ago. But he also said he’d like to see the administration focus on people who are barely getting by instead of businesses and developers.
“There is a focus on helping people make more money that are already making a lot of money,” Seelbach said. “Helping people that aren’t paying a lot of taxes still pay very little.”
Cincinnatians can weigh in on the budget in a public hearing Thursday evening at 6 p.m.
In a presentation to City Council Feb. 19, City Manager Milton Dohoney Jr. unveiled an unexpected parking proposal that will solve a $25.8 million budget deficit for the 2014 fiscal year and avoid full privatization. The 30-year plan will also put more than $100 million toward economic development in the city.
The plan involves teaming up with the Port of Greater Cincinnati Development Authority and some private operators to manage and modernize Cincinnati’s parking assets. Dohoney called it a “public-public partnership” that will allow Cincinnati to keep control over rates, operation hours and the placement of meters.
The money raised by the plan will be used for multiple development projects around the city, including the I-71/MLK Interchange, Tower Place Mall and a high-rise that will house a downtown grocery store.
The new parking plan will cap rate increases at 3 percent or the cost of living, with any increases coming in 25-cent increments. Private operators will not be allowed to change operation hours, but hours will be initially expanded to 8 a.m. to 9 p.m. downtown and 7 a.m. to 9 p.m. in neighborhoods.
The proposal will not immediately increase downtown’s $2-an-hour rates, but it will increase all neighborhood parking meters to 75 cents an hour. Afterward, the rate cap will make it so downtown rates can only be increased every four years and neighborhood rates can only be increased every 10 to 11 years.
But the rate hikes will only come after technological improvements are made to parking meters. The new meters will allow users to pay with a smartphone, which will enable remote payment without walking back to the meter. After the plan’s 30 years are up, parking assets will be returned to the city with all the new technological upgrades, according to Dohoney.
Some critics were originally concerned that private operators will aggressively enforce parking rules to run bigger profits, but Dohoney said enforcement standards will remain the same.
Enforcement will be done through booting instead of towing, according to the plan. Booting will only be used after the accumulation of three unpaid parking tickets, which is similar to how towing works today. The boots will be automatically removed once the tickets are paid, which will be possible to do remotely through a smartphone.
The plan, which is a tax-exempt bond deal, will provide the city with $92 million upfront cash and $3 million in annual installments after that, although the city manager said the yearly payments will increase over time. The city originally promised $7 million a year from the deal, but Dohoney said estimates had to be brought down as more standards and limitations were attached to address expressed concerns.
The money will first be used to pay for a $25.8 million deficit in the 2014 fiscal year. Another $6.3 million will be set aside for the working cap reserve and $20.9 million will be put in a reserve to pay for a projected deficit in the 2015 fiscal year.
The rest of the funds will be used for economic development. About $20 million will go to the I-71/MLK Interchange, which would match $40 million from the state. The project is estimated to create $750 million in economic impact, with $460 million of that impact in Hamilton County. Dohoney says the economic impact will create 5,900 to 7,300 permanent jobs, and ultimately bring in $33 million in earnings taxes, which means the plan will eventually pay for itself. He also says the funding from the parking deal will allow the city and state to complete the project within two to three years, instead of the seven to 10 years it would take if the city waited for support from the federal government.
If the state does not agree to take up the I-71/MLK Interchange project, Dohoney promised a “mega job deal” that will create 2,500 jobs.
With $12 million for development and $82 million in leveraged funds, the city will also take on massive development projects downtown. Tower Place Mall will undergo a massive conversion. The city will also tear down Pogue’s Garage at Fourth and Race streets and replace it with a 30-floor high-rise that will include 300 luxury apartments, 1,000 parking spaces and a grocery store.
The plan will also use $3 million for the Wasson Line right-of-way and $4 million for the next phase of Smale Riverfront Park, which should be completed in time for the 2015 Major League Baseball All-Star Game.
AEW, Xerox, Denison and Guggenheim will partner with the city and Port Authority for the plan. AEW will manage assets, Xerox will handle parking operations and on-street spaces, Denison will operate off-street spaces and manage facilities and equipment and Guggenheim will act as underwriter and capital provider.
After the City Council hearing, Councilman P.G. Sittenfeld released a statement that raised concerns about expanded meter operation hours, which Sittenfeld fears could burden certain neighborhoods. He also pointed out the plan will not fix Cincinnati’s long-term structural deficit problems. Still, he said the local Port Authority’s management could make the plan “worthy of support.”
Sittenfeld has been skeptical of the parking plan since it was first announced in October. In the past, he warned privatization could cause parking rates to skyrocket. ©
Ohio’s inspector general released a report today criticizing the Ohio Department of Job and Family Services (ODJFS) for improperly reimbursing federal stimulus funds to hired organizations that did not follow rules.
In a statement, Inspector General Randall Meyer’s office said ODJFS “failed to adequately oversee federal grant funds applied to the Constructing Futures jobs training initiative for Central Ohio.”
The report released by Meyer’s office today, which focused on stimulus programs in central Ohio, outlined a few instances of ODJFS failing to oversee proper standards. In total, the department, which was put in charge of carrying out job training funds in Ohio from the stimulus package President Barack Obama signed into law in 2009, wrongly reimbursed companies it hired for $51,700.81.
In central Ohio, ODJFS hired two organizations to carry out the job training program, or Workforce Investment Act: Associated Builders and Contractors, Inc. (ABC) and Construction Trades Networks (CTN). At ABC, the inspector general found limited problems with faulty reimbursements involving a newspaper subscription, travel and mileage totaling less than $100. The money was not accounted for as a questionable cost since it was so small.
However, at CTN, the faulty reimbursements piled up. The organization was reimbursed $560.61 for phone calls made prior to being hired as part of the federal grant. It was also reimbursed $1,613.62 for its invoices, even though documentation was not provided to link phone calls as necessary to the grant program.
Under the federal stimulus rules, CTN was required to provide 25 percent of its own funds for the program. CTN planned on using $91,800 of in-kind funds — payment that isn’t cash — by paying for trainee wages. The organization paid $60,927.70 by the end of the grant period, and the organization was reimbursed for $49,526.64 by ODJFS, even though the charges were supposed to be carried by CTN. The inspector general requested CTN give the money back to ODJFS.
When the inspector general contacted the organization to explain the findings, CTN attributed the requests for faulty reimbursements to confusion caused by multiple administrative changes at ODJFS.
“In addition, monitoring visits by ODJFS were not conducted until after the grant period expired, even though the partnerships were told the visits would occur as grant activities were underway,” the report said.
Meyer’s office concluded ODJFS should review the questioned costs, work to keep consistent guidelines through administrative changes and monitor grant funds during the grant period.
The full inspector general report can be found here.
A report was released for northwestern Ohio was released on May 10, and it also found wrongdoing. It can be found here. A report for stimulus programs in southwestern Ohio will be released later.ODJFS could not be immediately provide comment on the report. This story will be updated if comments become available.
UPDATE (3:28 P.M.): Benjamin Johnson, spokesperson for ODJFS, provided a comment shortly after this story was published.
“As the report mentions, these were expenditures by local entities, not by the Ohio Department of Jobs and Family Services,” he says. “We appreciate the inspector general bringing this to our attention, and we'll work to resolve the matter.”
Just two days before the general election, President Barack Obama made his case to 13,500 people packed into the University of Cincinnati’s Fifth Third Arena and 2,000 in an overflow room.
Obama cast the race in comparisons to the previous two presidents, comparing his policies with those of Bill Clinton and equating Republican challenger Mitt Romney’s plans with those of George W. Bush.
“So stay with me then,” Obama said. “We’ve got ideas that work, and we’ve got ideas that don’t work, so the choice should be pretty clear.”
With less than 48 hours before polls open on Election Day, a Reuters/Ipsos daily tracking poll had Obama and his Republican challenger locked in a statistical dead heat. However the same poll showed Obama with a slight edge in Ohio, up 48 percent to Romney’s 44 percent.
Obama touted his first-term accomplishments, including ending the war in Iraq; ending Don’t Ask Don’t Tell, the policy preventing homosexuals from serving openly in the military; and overhauling the country’s health care system.
“It’s not just about policy, it’s about trust. Who do you trust?” the president asked, flanked by a sea of supporters waving blue “Forward” signs.
“Look, Ohio, you know me by now. You may not agree with every decision I’ve made, Michelle doesn’t always agree with me. You may be frustrated with the pace of change … but I say what I mean and I mean what I say.”
Nonpartisan political fact-checker PolitiFact on Nov. 3 took a look at Obama’s record on keeping his campaign promises from 2008. The group rated 38 percent as Kept, 16 percent Compromised and 17 percent Broken.
Twice during his speech the president was interrupted by audience members shouting from the stands.
The first was a man on the balcony level of the arena interrupted, shouting anti-abortion slogans and waving a sign showing mutilated fetuses before being dragged out by about five law enforcement officers. Both were drowned out by supporters.
Music legend Stevie Wonder opened the rally for Obama, playing a number of his hits, opening up “Superstition” with a refrain of “on the right track, can’t go back.”
Wonder discussed abortion policy between songs and urged Ohioans who had not already voted to do so either early on Monday or Election Day.
So far, 28 percent of Ohio voters have already cast their ballots. CNN reports that those votes favor Obama 63/35, according to public polling.
Meanwhile on Sunday, Romney campaigned before an estimated crowd of 25,000 in Pennsylvania, according to the Secret Service.
Political rallies always draw a number of the loyal opposition, and this late-evening appearance was no different. Only five people protested near the line to the arena, but what they lacked in number they attempted to make up for in message.
One large sign read “Obama: 666” and another “Obama is the Beast,” alluding to a character in the Christian Biblical book of Revelation.
A man who only identified himself as Brooks carried a large anti-abortion sign that showed pieces of a dismembered fetus.
“I’m here to stand up for the innocent blood that has been shed in this land to the tune of 56 million,” Brooks said. He said he was opposed to the politics of both major party presidential candidates.
“I pray for Barack Obama because his beliefs are of the Antichrist, just like Romney,” Brooks said.
Brooks said his message for those in line was for them to vote for Jesus — not on the ballot, but through their actions and through candidates that espoused Christian beliefs.
“Obama is not going to change things, Romney is not going to change things,” Brooks said. “In the last days there are many Christs, but not the Christ of the Bible. The Christ of the Bible is not for killing children, is not for homosexual marriage.”