Cincinnati’s solicitor says an anti-tax group is wasting taxpayer money by filing a federal lawsuit against the city without first contacting its Law Department to resolve the alleged violations outside of court.
In the heated debate over budget cuts at City Hall, several groups are alleging Cincinnati City Councilman Jeff Berding is “two-faced” and told various individuals during his 2009 campaign that he would end his support for the proposed streetcar project.
Area 1 Court Judge Robert Lyons ordered all case records sealed Nov. 8 after the student pleaded guilty to disorderly conduct and agreed to pay an undisclosed fine. Six days later the Cincinnati Enquirer sued Lyons in the Ohio Supreme Court, arguing that the case file is a public record.
Lyons, represented by Butler County Prosecuting Attorney Mike Gmoser, filed his answer Thursday. He denied violating the Enquirer’s claim of a constitutional right to a hearing where it could have argued against secrecy.
That Lyons is
standing his ground comes as no surprise, but his answer contains one
head-scratching statement. He — that is, Gmoser — wrote that “there was no
plea” in the case. Yet in a first-person account of the case in the Miami
University Student on Nov. 8, Gmoser
wrote that the defendant pleaded guilty. The court’s own schedule for Nov. 8
says the case was up for the entry of a guilty plea.
Anyone who looked at the front page of today's Cincinnati Enquirer saw a prominent advertisement along the bottom featuring an image of a treasure chest and announcing, “Roadshow is in town all week in Cincinnati!”
To the uninitiated, it might appear as if the popular TV show Antiques Roadshow is taping an episode in the Queen City. The program uses a similar image and logo, after all. And that’s exactly why WGBH-TV in Boston filed a federal lawsuit Feb. 23 in Illinois against the company that placed the ad, Treasure Hunters Roadshow.
Treasure Hunters used the ad to publicize its event this week at the Duke Energy Convention Center. Unlike Antiques Roadshow, Treasure Hunters doesn’t appraise items and tries to buy some antiques that people bring in for the lowest price possible.
WGBH, which produces the show seen on PBS outlets across the nation, including WCET-TV (Channel 48), alleges the company is guilty of trademark infringement through its name and marketing tactics. It has sued the Illinois-based firm and its owner, Jeffrey Parsons, seeking an injunction to prevent use of the name and image.
As first noted by Bill Sloat on his Daily Bellwether blog, the flap over “fair use” issues has received extensive media coverage in Illinois.
Ironically, The Enquirer ran the ad just days after its editor, Tom Callinan, wrote a column criticizing unnamed blogs, Web sites and radio stations of unfairly and illegally using the newspaper’s content.
“(O)thers are profiting from our work,” Callinan wrote. “We're no longer willing to idly watch our good efforts stolen.”
As a result, The Enquirer is using a software program called Attributor to track users of its contents, gauge if the use is improper and issue warnings to alleged violators.
“In an attempt to track down such content parasites, The Enquirer and Cincinnati.Com now employ technology that scours the media landscape for illegal use of our content,” Callinan wrote. “In recent weeks, we have sent warnings to several blogs, Web sites and radio stations.
“We're mad as hell and we're not going to take it anymore.”
Callinan didn’t, however, attribute that last line to Network, the Oscar-winning 1976 film about a banal media outlet run amok in pursuit of profits and ratings. The line is uttered by unhinged TV talk show host Howard Beale, famously played by Peter Finch.
Several local bloggers were upset by Callinan’s column, calling it heavy-handed and reminding them of Big Brother with its weird “we’re watching you” vibe. They’re wondering who – exactly – he’s alleging has made improper use of the newspaper’s content. Several blogs often post items commenting on news reported by The Enquirer or criticizing its coverage, but they generally attribute the newspaper and help drive Internet traffic to its site.
Sloat e-mailed Callinan asking for more details, but the editor remained vague.
“(T)he recent ones have been small blogs and websites who may simply not know better. I don't want to out them. We handle it with automated warnings (via a program called Attributor) and it usually goes away without escalation,” Callinan responded. “My threshold for getting into a public outing of the issue would be pretty high — repeated incidents, warnings and letters from our lawyers. Just hasn't risen to that level.”
Of course, if the problem hasn’t risen to that level, why write such a high-profile and accusatory column about it?
So far, The Enquirer hasn’t reported on the lawsuit against its advertiser. Maybe the dispute “just hasn’t risen to that level” either.
After WikiLeaks founder Julian Assange voluntarily turned himself into British authorities today, he was denied bail and remains in custody until at least Dec. 14, according to The Guardian newspaper in London.
Assange, 39, was told by London Metropolitan police about new charges he faces in connection with two sexual encounters he had in Sweden. "He is accused by the Swedish authorities of one count of unlawful coercion, two counts of sexual molestation and one count of rape, all alleged to have been committed in August 2010," the newspaper reported.
Nearly two years after she filed the lawsuit, a congresswoman who lost in the March primary election has dropped her legal action against a political opponent.
A spokesman for U.S. Rep. Jean Schmidt (R-Miami Township) told The Enquirer today that she decided to drop her defamation lawsuit against Madeira businessman David Krikorian. Schmidt filed the suit in June 2010, and had sought $6.8 million in damages.
Krikorian is claiming victory in the dispute, and told CityBeat the lawsuit was an intimidation tactic by well-funded special interests.
“Her lawsuit was entirely without merit,” Krikorian said. “It was meant to silence and intimidate me and cost me money. It did not work.”
Krikorian ran as an independent against Schmidt in 2008; he unsuccessfully ran in the Democratic primary for the same seat in 2010 and again this year.
During the ‘08 campaign, Krikorian distributed a pamphlet alleging Schmidt had received “blood money” from the Turkish government in return for her opposition to a congressional resolution that declared Turkey had committed genocide against Armenia during a 1915 conflict.
But the lawsuit proved to be Schmidt’s undoing. She received more than $400,000 in free legal assistance from the Turkish Coalition of America to support her suit. In August 2011 the House Ethics Committee ruled that Schmidt received an “impermissible gift” but didn’t “knowingly” violate the law. She was ordered to repay the coalition, which she has yet to do.
Shortly thereafter, Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan watchdog group, dubbed Schmidt as one of the most corrupt members of Congress.
All of the drama took its toll: Schmidt lost the GOP primary earlier this month to challenger Brad Wenstrup. He defeated her 49-43 percent.
“It’s time to move on,” Barrett Brunsman, Schmidt’s spokesman, told The Enquirer today about dropping the lawsuit.
The Turkish Coalition of America was among Schmidt’s top contributors, donating $7,500 to her 2010 reelection campaign through its political action committee, and donating $7,600 to her in 2008.
Schmidt also traveled to Turkey at least twice while in office. The coalition picked up the tab for one of the trips.
Politico reported March 12 that Schmidt was in Washington, D.C., on Election Day, March 6, at a private luncheon with Turkish Ambassador Namik Tan.
“At times, Rep. Jean Schmidt has been closer to Turkish interests than those of her Cincinnati-area constituents,” Politico’s Jonathan Allen wrote. “Never was that proximity problem more telling than on Tuesday, when Republicans denied Schmidt renomination to run for another term.”
When Allen sought comment for the article, Brunsman refused to confirm if the meeting occurred and sent an email that stated, “I think you have lost your way.”
For his part, Krikorian said the experience has taught him that Ohio needs to pass legislation that penalizes lawsuits filed solely to silence critics by burdening them with the cost of a legal defense until they abandon their opposition. Such a tactic is known as a “strategic lawsuit against public participation,” or SLAPP.
“I think the Ohio Legislature should consider passing an anti-SLAPP statue to prevent these kinds of abuses of the legal process,” he said. “This lawsuit was an attempt to intimidate and silence me by Rep. Schmidt and the Turkish lobby.”
Krikorian apparently lost in the March 6 Democratic primary by just 59 votes to William R. Smith, a virtual unknown from Pike County who didn’t campaign, answer questionnaires or grant interviews. A recount is under way and Krikorian has asked for a federal investigation of Victory Ohio Super PAC, which made robo-calls on Smith’s behalf but isn’t registered with the Federal Election Commission.
Krikorian picked up 14 more votes in Hamilton County on provisional ballots once the results were certified. Meanwhile, Clermont County certifies its results on Tuesday.
Amid rumors that the FBI is investigating the Republican-controlled Hamilton County Courthouse, the local Democratic Party chairman Tuesday made a public records request to Clerk of Courts Patricia Clancy seeking all documents pertaining to uncollected bail bonds.
Sources at the courthouse have said up to $4 million in forfeited bail bonds that should've gone into Hamilton County's coffers hasn't been collected by the Clerk of Court's Office.