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by Hannah McCartney 05.22.2012
Posted In: Education, LGBT Issues, Equality, News, Courts at 02:00 PM | Permalink | Comments (0)
 
 
jesus-is-not-a-homophobe-student-with-family-and-friends

Judge Rules 'Jesus is Not a Homophobe' T-shirt Permissible

Federal court orders district to pay $20,000 in damages and costs for banning teen's shirt

A federal court judge in Cincinnati ruled Monday that gay Ohio student Maverick Couch will be permitted to wear his "Jesus Is Not A Homophobe" T-shirt to school whenever he pleases.

Wayne Local School District, the district in which Couch attends high school, will also be required to pay Couch $20,000 in damages and court costs, according to Judge Michael Barrett's ruling.

Couch was first prevented from wearing the T-shirt in April 2011, when he showed up to school in the shirt during a "Day of Silence," meant to raise awareness of cases in which gay students are victims of bullying. Waynesville High School Principal Randy Gebhardt allegedly told Couch that he needed to either wear the T-shirt inside out or remove it, stating that the "T-shirt had to do with religion, religion and state have to be separate," and the T-shirt was "disrupting the educational process."

Couch complied, and was asked to remove the shirt when he wore it to school a second time. Principal Gebhardt threatened to suspend Couch if the shirt was worn again.

Couch and Lambda Legal Defense, a legal organization focused on protecting the rights of the LGBTQ community, brought forth a lawsuit against Wayne Local School District on April 3, 2012, alleging that Couch's first amendment rights had been egregiously violated in barring him from wearing the shirt. Only a day after the lawsuit was filed, administrators at Waynesville High School told Couch he'd be allowed to wear the T-shirt annually on one day exclusively: "Day of Silence," which took place April 20.

"I just wanted to wear my shirt. The shirt is a statement of pride, and I hope other students like me know that they can be proud, too," said Couch, according to lamdalegal.org.

When Lambda Legal sent a letter inquiring about Couch's First Amendment rights to the school district, this was the district's response: "the message communicated by the student's T-shirt was sexual in nature and therefore indecent and inappropriate in the school."

For information about LGBTQ students' rights in schools, click here.

 
 
by Danny Cross 05.18.2012
 
 
hunter

Morning News and Stuff

After 18 months in the courts, Democrat Tracie Hunter has won a Hamilton County Juvenile Court judgeship, but a GOP challenge to the court's acceptance of Hunter's challenge is likely to follow. Republican John Williams led hunter by 23 votes on election night 2010, but Hunter filed a lawsuit over provisional ballots cast at incorrect polling stations that weren't counted. After a recount of 286 provisional ballots, Hunter moved ahead by 74 votes. Republican board of election members reportedly plan to argue that the 286 should not have been recounted.

The Enquirer's Mark Curnutte today offered an analysis of recently released census data that shows a steady growth of the regional Hispanic population and a growth of minority population in areas outside the city that were once largely white. Cincinnati's data suggests that the city and region are slightly different than the nation's overall trend, which in 2011 for the first time found a majority of the country's under 1-year-old population minority (50.4 percent), up from 49.5 percent in 2010.

Included in The Enquirer's story, which included a profile of a Mexican-American Florence family that moved to Northern Kentucky eight years ago from Los Angeles:

A decrease of 1.3 percentage points in Hamilton County’s black population under 5 was countered by increases in the black population under 5 in each of the region’s six other core counties: Butler, Clermont and Warren in Ohio and Boone, Campbell and Kenton in Kentucky.

Overall, the regional population of Hispanic children under 5 years rose from 7,583 in 2010 to 8,032 in 2011, a proportional increase of 0.4 percentage points to 6.1 percent.

The family of a teenager fatally shot by a Cincinnati police officer on Fountain Square last summer has filed a federal lawsuit alleging police used excessive force and violated 16-year-old Davon Mullins' constitutional rights. Police say Mullins pulled a handgun, but the lawsuit says he had been disarmed before officer Oscar Cyranek shot him multiple times.

Cincinnati's Bike Month revelers and Over-the-Rhine residents received some good news this week when Reser Bicycle Outfitters announced the opening of an OTR location. The store could open by June 1 in the 1400 block of Vine Street.

Legislation regulating ownership and breeding of exotic animals has been approved by the Ohio House Agriculture and Natural Resources Committee, 17-4. Senate Bill 310 could get through the full House and Senate next week and be signed by Gov. John Kasich soon afterward. The ban on the acquisition, sale and breeding of certain species would take affect 90 days later.

Europe is preparing for Greece to completely duck out of the Eurozone. The world markets are feeling the pressure.

Mitt Romney has released his first general election TV ad. And he's giving cookies to the media.

Former Senator John Edwards will learn his fate today, as a jury was set to deliberate this morning on charges that Edwards used campaign funds to conceal an affair during his run for president.

More than 200 pages of documents, photos and audio recordings were released yesterday offering further details about what happened the night George Zimmerman shot and killed Trayvon Martin.

The documents include an FBI audio analysis of the 911 call placed by a resident that captured yells and screams. Two FBI examiners said they could not determine whether it was Martin or Zimmerman yelling because of the poor quality of the recording and the "extreme emotional state" of screamer.

The AP is live-blogging Facebook's stock market debut. Why does Bono have so much Facebook?

Cell phone maker Nokia has accused Apple of programming bias into its interactive Siri voice search by making it answer the question “What is the best smartphone ever?” by stating “"Wait... there are other phones?" The answer had apparently previously been “Nokia's Lumia 900.” Apple won't say whether or not it changed Siri's answer after finding the glitch.

A new study suggests that nighttime fasting can go a long way toward keeping you slim even if you eat bad stuff during the day.

Scientists have found a car-sized turtle shell.

The private space launch is scheduled for 4:55 a.m. Saturday, and there will be alcohol involved.

 
 
by Kevin Osborne 04.30.2012
 
 
casino

Morning News and Stuff

Cincinnati City Council will soon create a working group of leaders from six neighborhoods near the planned downtown casino site. Once organized, the working group will examine ways to maximize the benefits from the visitors, jobs and tax revenue the new casino will bring, while dealing with any problems like possible increases in crime. The neighborhoods involved in the effort are downtown, Pendleton, Mount Adams, Mount Auburn, Over-the-Rhine and Walnut Hills.

A winner has finally been announced in a disputed judicial election from November 2010. Once a count of provisional ballots was completed Friday, Democrat Tracie Hunter was declared the victor over Republican John Williams by 71 votes. Because of the close margin, however, a recount likely will be held. Hunter seemingly lost the 2010 election by just 23 votes out of nearly 230,000 ballots cast by county voters, but 286 ballots weren't counted because they were cast by people who showed up to vote at the correct polling place but were misdirected by poll workers and voted at the wrong precinct table. Hunter filed a lawsuit, and two federal courts ultimately agreed the ballots should be tallied.

Since taking office in October, Hamilton County Clerk of Courts Tracy Winkler has cracked down on bail bond agents who owe money to the court system. During the past seven months, Winkler has collected $1.3 million of the $2.1 million owed by bond agents and their insurance companies. Since the early 1990s, several previous clerks of courts allowed some bond agents not to pay bonds forfeited when their clients didn’t appear in court, resulting in a large amount of forfeited but uncollected bonds owed to the governments involved in the cases.

The results of an investigation into the recent actions of Villa Hills Mayor Mike Martin will be released at a meeting tonight. Martin is accused of retaliatory behavior and comments, misuse of city facilities, violating the Open Records Act and burning city documents, according to WCPO-TV (Channel 9). Several council members have requested that Martin resign, but he has refused.

Motorists that use the Norwood Lateral to access southbound Interstate 75 will have to find a new route for the next 45 days. Beginning today, work to replace a bridge deck will require a closure of the ramp from westbound Norwood Lateral to southbound I-75. Traffic will be detoured to northbound I-75 to Paddock Road to southbound I-75.

In news elsewhere, the CIA is ignoring the Pakistani government's directives and has resumed the use of automated drone attacks within that nation's borders. The drone strikes killed four al-Qaeda-linked fighters Sunday in a girls’ school they had taken over in the North Waziristan tribal area. Some politicians said the drone strikes might set back negotiations over the reopening of NATO supply routes to Afghanistan that Pakistan blocked five months ago.

If the U.S. Supreme Court rules to strike down the federal government's mandate that individuals must buy health insurance, some observers say state governments might have to enact their own versions or pass other measures to draw healthy people into the system so their insurance markets remain viable. Ironically, lawmakers in the states opposing the federal mandate could face pressure from insurance companies to pass state mandates if the high court doesn’t also strike down the rules preventing them from charging more or denying coverage to sicker people.

Former Israeli Prime Minister Ehud Olmert said negotiations with Iran should be given time to work before launching a military strike against the nation's nuclear facilities. Olmert, who was prime minister from 2006-09, was in office when a suspected nuclear site in Syria was attacked in five years ago.

A few days after the United Kingdom entered into a double-dip recession, Spain has followed suit. The recession, defined as two months of “negative growth,” was blamed on weak domestic demand that was only partially compensated by exports, according to data from the National Statistics Institute. It was the first official estimate to confirm a recession. Gross domestic product fell 0.3 percent in the fourth quarter of 2011.

Chen Guangcheng, a blind human rights activist under house arrest in China, has escaped his captors and gone into hiding. A dissident who met Chen in Beijing after his escape said Chen scaled a wall by night to escape from his village in eastern China, past guards and surveillance equipment. A human rights group says Chen has taken shelter in the U.S. embassy, but American officials have not publicly confirmed the reports.
 
 
by Kevin Osborne 04.27.2012
Posted In: 2010 Election, Courts, Business, War , Economy at 07:59 AM | Permalink | Comments (0)
 
 
hamilton+county+board+of+elections+logo

Morning News and Stuff

Final results from a disputed 2010 judicial race will be announced later today. Workers at the Hamilton County Board of Elections are expected to finish the tallying of provisional ballots sometime this afternoon. A total of 286 ballots are being counted in a Juvenile Court judge race, in compliance with a recent order from a federal judge. Democrat Tracie Hunter seemingly lost to Republican John Williams by just 23 votes out of nearly 230,000 ballots cast by county voters, but 286 ballots weren't counted because they were cast by people who showed up to vote at the correct polling place but were misdirected by poll workers and voted at the wrong precinct table. Hunter then filed a lawsuit, which she won.

After completing their prison terms, many ex-convicts have difficulty finding jobs due to their criminal records. As a result, some return to a life of crime to make money. The HELP program, which is operated by St. Francis De Sales Church in Walnut Hills, assists the ex-felons — or “returning citizens,” as they like to be known — to find employment. Now the church is lobbying state lawmakers to help them get some professional licenses restored.

Profits fell for one of Greater Cincinnati's largest companies in the January-March quarter, but the firm still beat Wall Street’s expectations. Procter & Gamble today reported profits of $2.5 billion for the quarter, down 15 percent from the same period last year. That translates to earnings per share of 94 cents, beating analysts' forecast of 93 cents. Sales were $20.2 billion, up 2 percent from a year ago.

Speaking of P&G, a group alleges that one of the firm's most popular products might pose a cancer risk for users. Tests run by an environmental group, Women's Voices for the Earth, found small amounts of a cancer-causing chemical called dioxane in Tide Free and Gentle and Tide Original Scent. P&G representatives, however, say the amounts of dioxane in the detergent aren't harmful.

An investigation by WXIX-TV (Channel 19) into the safety of semi-tractor trailer trucks on Cincinnati area roads has revealed hundreds of them aren't being maintained properly and one company in particular is under scrutiny by state and federal investigators. T&T Enterprises, a U.S. mail hauler based in West Chester, has been cited multiple times for not maintaining its fleet up to federal safety standards and not monitoring whether its drivers have had enough rest on long-haul trips throughout the Midwest and up the East Coast. The company didn't respond to the report.

In news elsewhere, the U.S. government said Thursday that it will move about 9,000 Marines off Okinawa in Japan to other bases in the Western Pacific, in an effort to remove a persistent irritant in the relationship between the two allies. The Futenma air base on Okinawa has been viewed as essential to deterring Chinese military aggression in the region, but the noisy air base’s location in a crowded urban area has long angered Okinawa residents and some viewed the Marines as rowdy and potentially violent.

The United States' economic growth slowed to 2.2 percent in the first quarter of the year, down from the prior quarter’s growth rate of 3 percent, according to a new report from the Federal Reserve. The economy has been growing slowly since the second half of 2009, and the recovery quickened throughout all of 2011. Early this year, though, economists forecast a weaker showing for the first quarter, mostly due to a decline in aircraft orders.

An Afghan soldier shot and killed an American mentor and his translator at a U.S. base, Afghan officials said today. The soldier opened fire at an American military base on Wednesday in the volatile Kandahar province. At least 18 foreign soldiers have died this year in 11 incidents of so-called “green on blue” shootings.

A federal judge has refused to order the Obama administration to release photographs and video of the U.S. military operation that killed al-Qaeda leader Osama bin Laden in Pakistan almost a year ago. The government watchdog group, Judicial Watch, had requested the Defense Department and Central Intelligence Agency (CIA) release any pictures or video footage of the May 1, 2011, operation. The CIA admitted it had 52 such records, but U.S. District Court Judge James Boasberg said he wouldn't order their release. "A picture may be worth a thousand words," wrote Boasberg. "Yet, in this case, verbal descriptions of the death and burial of Osama bin Laden will have to suffice, for this court will not order the release of anything more."

A suicide bomber has killed at least five people in the Syrian capital of Damascus, a state TV news service reported today. It's the latest in a wave of explosions in Syrian cities in recent months, despite a diplomatic push to end the year-old uprising against the Syrian government. Thousands of people protested elsewhere to denounce persistent violence by President Bashar Assad's regime.
 
 
by Kevin Osborne 04.26.2012
 
 
foreclosure1

Morning News and Stuff

A study by a housing advocacy group found that foreclosures in Hamilton County dropped by 13 percent compared to the previous year. But representatives with Working In Neighborhoods, the group that did the research, said the figures don't necessarily mean that homeowners aren't being affected by the economic downturn. Rather, they note that many large banks were delaying foreclosures due to the so-called “robo-signing” crisis, waiting until they struck a settlement deal with the federal government. In fact, many observers expect foreclosures to increase this year.

After a lengthy trial, former Bengals player Nathaniel “Nate” Webster was convicted Wednesday of having sex with an underage girl. A jury acquitted Webster on three charges, but found him guilty on four others. Hamilton County Common Pleas Court Judge Ralph “Ted” Winkler ordered Webster jailed until his June 6 sentencing, when he could be sent to prison for up to 20 years. Webster signed a five-year, $11.3 million contract with the Bengals in 2004, but played only in a few games.

City commissioners in Dayton are considering an ordinance to establish a domestic partnership registry which could be used by unmarried, same-sex couples. The registry is voluntary, and a couple doesn't need to live within the city. The ordinance says the registry will assist “businesses and universities in the recruitment of a talented and diverse workforce.” The registry would help area businesses that extend benefits to the partners of employees, straight or gay, by having a formal registry of such committed relationships. Local bloggers and others have been pushing for such a registry in Cincinnati for the past few years, but groups like Equality Cincinnati have said the time is not right.

What were the odds of that happening? A Columbus police officer who investigated a four-vehicle accident Tuesday that involved Gov. John Kasich is the same person that the governor had called “an idiot” in an earlier encounter. Officer Robert Barrett responded to the mishap on Interstate 71 in downtown Columbus that happened in stop-and-go traffic and did not result in any serious injuries. Shortly after taking office last year, Kasich recalled the citation he received from Barrett in 2008 for failing to yield to an emergency vehicle, calling Barrett an idiot during a meeting with state employees.

State lawmakers removed a proposal this week to enact a priority funding system for federal family planning dollars that would've essentially blocked funding for Planned Parenthood affiliates across Ohio. The Republican-controlled House Finance and Appropriations Committee pulled an amendment to Kasich’s mid-biennium budget review that was inserted last week. A committee chairman said the amendment mirrored that of House Bill No. 298, which is being worked in the House Health and Aging Committee. About $1.6 million of the $4.3 million in federal family planning money the state received last year went to Planned Parenthood affiliates.

In news elsewhere, House Speaker John Boehner (R-West Chester) is lowering expectations that the GOP will retain control of the House after this fall's elections. At a closed door meeting with rank-and-file Republicans, Boehner reiterated his concerns the party could lose seats in the House in November, according to The Los Angeles Times. "We’ve got a fight on our hands," Boehner said. Some observers wonder if Boehner believes the gloomy forecast or if it's a scare tactic to get unruly Tea Partiers to toe the party line.

After he scored victories in five primary elections this week, the Republican National Committee formally embraced Willard Mitt Romney as the GOP’s presumptive presidential nominee on Wednesday. Reince Priebus, the RNC's chairman, said in a statement that the party organization and its resources were now at the disposal of Romney’s campaign. Also, the campaign staffs of the RNC and Romney will merge and begin coordinating their efforts. Game on.

George Zimmerman received firearms training and bought a gun on the advice of an animal control warden, as a method for dealing with a belligerent neighborhood dog. That's one of many revelations in interviews with Zimmerman's relatives and neighbors conducted by Reuters News Service. Zimmerman is awaiting trial on a second-degree murder charge for the shooting death of Trayvon Martin, an unarmed black teenager, in Sanford, Fla.

It's beginning to look like Israel's military isn't in as big of a rush to start a war as the nation's politicians. Lt. Gen. Benny Gantz, Israel’s military chief, said Wednesday that he believes Iran will choose not to build a nuclear bomb, an assessment that contrasted with the statements of Prime Minister Binyamin Netanyahu. Gantz said international sanctions have begun to show results and could relieve pressure on the Obama administration, undercutting efforts by Israeli political leaders to urge the United States to consider a potential military strike on Iran.

International judges have found former Liberian leader Charles Taylor guilty of aiding and abetting war crimes during the Sierra Leone civil war, at his trial in The Hague, the BBC reports. Taylor has been on trial at the U.N.-backed Special Court for Sierra Leone for almost five years. He was accused of backing rebels who killed tens of thousands during Sierra Leone's 1991-2002 civil war.
 
 
by Kevin Osborne 04.25.2012
Posted In: 2010 Election, Courts, Democrats, Republicans at 01:39 PM | Permalink | Comments (0)
 
 
hunter

Ballots Being Tallied in Disputed Election

Public is invited to observe the process

Anyone who wants to observe the processing of provisional ballots in a disputed 2010 election is being invited to attend as the work is completed this week.

 

Officials with the Hamilton County Board of Elections have announced the processing will occur today, Thursday and Friday. A total of 286 provisional ballots are being tallied in a Juvenile Court judge race, in compliance with a recent order from a federal judge.

 

The ballots are being counted today until 4 p.m., as well as from 8:30 a.m.-4 p.m. Thursday, and from 10:30 a.m. until the work is completed on Friday. The board’s offices are located on the third floor at 824 Broadway Ave., downtown.

 

Also, the Board of Elections will hold special meetings this week. Both will occur Friday; one at 10 a.m., the other at 4:30 p.m. Board members will discuss “pending litigation” related to the Hunter-Williams race.

 

Earlier this month a federal appeals court upheld a ruling by U.S. District Court Judge Susan Dlott that 286 provisional ballots should be tallied in the 2010 race between Democrat Tracie Hunter and Republican John Williams.

 

Hunter seemingly lost by just 23 votes out of nearly 230,000 ballots cast by county voters, but 286 ballots weren't counted because they were cast by people who showed up to vote at the correct polling place but were misdirected by poll workers and voted at the wrong precinct table.

 

Hunter filed a lawsuit in federal court alleging the ballots should be counted. Dlott had ordered the local Board of Elections to precisely determine how many ballots weren’t counted due to poll worker error, before she decided. That’s when local Republicans appealed the order.

Williams alleged poll workers correctly followed Ohio law and excluded the ballots, and that they shouldn’t be tallied. The GOP tried to get the U.S. Supreme Court to weigh in on the matter, but it declined to hear the case in April 2011. That put the matter back in Dlott’s court.


Since the dispute began, Williams was appointed to another vacant Juvenile Court judgeship in November 2011.

 

 
 
by Kevin Osborne 04.23.2012
 
 
winburn

Morning News and Stuff

The sole Republican and independent members of Cincinnati City Council have called a special meeting of the group tonight to address black on black crime. Councilman Charlie Winburn, a Republican, and Councilman Christopher Smitherman, an independent, want their colleagues to allocate an extra $300,000 for CrimeStoppers, which offers cash rewards for tips leading to the arrest of suspects in crimes. Winburn and Smitherman, both of whom are African-American, say more needs to be done to help quell shootings and violence in Avondale and elsewhere. The special session is at 6 p.m. at City Hall, located at 801 Plum St., downtown. Smitherman also is president of the NAACP's local chapter.

Winburn, however, was part of a council faction that voted two years ago to dramatically reduce funding for the Cincinnati Initiative to Reduce Violence (CIRV). The program involves using “violence interrupters,” usually ex-offenders, to intervene with gang members and offer advice for leaving their lives of crime. City Council cut CIRV's budget from $861,000 in 2010 to $184,000 for 2011, which reduced the number of street advocates from 16 to five. Councilman Cecil Thomas, an African-American and a retired police officer who heads council's Law and Public Safety Committee, opposed the cuts and said CIRV needs more support.

The unexpected death of attorney and real estate investor Lanny Holbrook in January has led to an awkward legal battle over a promised donation to a Catholic high school. In fall 2001 Holbrook pledged $500,000 to McAuley High School in College Hill, in return for renaming a section of its building The Nancy & Lanny Holbrook Art Wing. A few payments were made, but Holbrook fell behind before his death. Now the school is seeking the $430,000 that was never paid.

A well-known Cincinnati chef who once had his own television show on WKRC-TV (Channel 12) was arrested in March for drunken driving. Officers stopped Jean-Robert De Cavel on March 16 in Fairfax. De Cavel refused a Breathalyzer test, and eventually was convicted of a reduced charge of reckless operation. He served three days in a driving program and got his license suspended for six months with limited driving privileges. De Cavel owns Jean Robert's Table, and is a former executive chef at The Maisonette.

Sunday was Earth Day, and Kemba Credit Union marked the occasion a day early by offering free paper shredding services at its locations in Bridgetown, West Chester and Florence, Ky. More than 100,000 pounds of paper were shredded and recycled, using special equipment donated by Cintas Corp.

In news elsewhere, George Zimmerman was released early this morning from the Seminole County Jail in Florida. Zimmerman, the man who killed 17-year-old Trayvon Martin in February, posted $150,000 bail and left the Sanford jail fitted with an electronic monitoring device that the Sheriff's Office and Seminole County probation officers will use to keep track of him while he awaits trial on a charge of second-degree murder.

The trial of one-time vice presidential candidate John Edwards begins today in Greensboro, N.C. Edwards is accused of accepting more than $900,000 in illegal contributions during his 2008 bid for the Democratic presidential nomination to pay the expenses of his mistress and hide the extramarital affair. Edwards rejected a plea deal in the case, which would've required him to admit wrongdoing and serve some time in jail.

What liberal bias? President Obama received more negative coverage from the mainstream media than GOP presidential hopeful Mitt Romney, according to a new study. The Project for Excellence in Journalism, a Washington nonprofit that examined 52 key newspaper, television, radio, and Web outlets from Jan. 2-April 15, found Romney’s coverage was 39 percent positive, 32 percent negative and 29 percent neutral. That compares to Obama’s coverage, which was 18 percent positive, 34 percent negative and 34 percent neutral.

French President Nicolas Sarkozy is trying to lure Far Right voters after losing narrowly to his Socialist rival in the presidential election's first round. Francois Hollande came top with 28.6 percent of the vote, compared to Sarkozy's 27.1 percent. It's the first time an incumbent president in France has lost in the first round. The second round of voting will be held May 6.

Syrian government troops reportedly stormed the Damascus suburb of Douma early Sunday, with soldiers shooting at an armed rebellion against President Bashar al-Assad. A United Nations team of observers has arrived in Syria to try to get both sides to abide by a cease-fire agreement.
 
 
by Kevin Osborne 04.17.2012
 
 
hunter

Morning News and Stuff

More than 17 months after the election occurred, officials finally are ready to count some disputed ballots in a race for a judicial seat on the Hamilton County Juvenile Court. A federal appeals court Monday upheld an earlier ruling that 286 provisional ballots should be tallied in the 2010 race between Democrat Tracie Hunter and Republican John Williams. Hunter seemingly lost by just 23 votes out of nearly 230,000 ballots cast by county voters, but 286 ballots weren't counted because they were cast by people who showed up to vote at the correct polling place but were misdirected by poll workers and voted at the wrong precinct table.

Hamilton County commissioners met with state lawmakers Monday to discuss their legislative priorities for this year. They include trying to restore some of the cuts to Ohio's local government fund and reauthorizing a countywide 911 user fee, which is set to expire soon.

Monthly customers at the large Central Parking System lot along Cincinnati's riverfront are angry about a provision involving Reds games. Parkers must be out of the garage by 5 p.m. on game days or their key cards won't work, subjecting them to an additional event fee. A county official said monthly customers can get 24-hour access cards, but those cost $25 more than the regular $100 fee. (Just call it death by a thousand cuts.)

Northern Kentucky University will make what it calls an "historic" announcement today regarding the schools presidential search. Various reports indicate NKU's trustees have selected Cleveland State University Provost Geoffrey Mearns for the job. Current president Jim Votruba announced last month that he would retire at the end of this school year.

Cincinnati officials have selected an empty industrial site in Over-the-Rhine as the location for a streetcar maintenance facility. The property is located on Henry Street, between Elm and Race streets. Based on an independent appraisal, City Hall has offered to buy the site for $1.4 million but the owner is seeking an unspecified higher price, according to The Enquirer.

In news elsewhere, the U.S. Justice Department is under fire for remaining quiet about problems in the testing of forensic evidence at the FBI's crime laboratory. Officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people nationwide, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled, The Washington Post reported.

President Obama is being accused of ignoring a 2008 campaign pledge to impose a “windfall profits tax” on oil companies. As a candidate, Obama said he would tax large oil company profits that would flow back to families in $1,000 rebate checks, but hasn't mentioned the idea since taking office. An Obama aide told Politico the White House decided that it had a better chance at persuading Congress to repeal tax subsidies than enact the tax on oil and gas company profits.

Groundbreaking on homes fell unexpectedly in March, but permits for future construction rose to their highest level in nearly four years, Commerce Department data showed today. March's decline in housing starts was the biggest percentage drop since April of last year, although most of the fall was in the volatile multi-unit category, which declined 16.9 percent. Starts for single-family homes dropped 0.2 percent.

Australia has announced that its troops will be withdrawn from Afghanistan nearly a year ahead of a previously scheduled 2014 withdrawal date. Julia Gillard, the Australian prime minster, said today that most of 1,550 remaining Australian troops in the nation were expected to return home by the end of 2013. The timetable means the largest force provided by any nation outside of the NATO alliance would leave Afghanistan a year ahead of the proposed December 2014 withdrawal date for all international forces. The United States currently has 90,000 troops stationed there.

A right-wing extremist who killed 77 people in a gun and bomb rampage in Norway last year has called his attack "spectacular,” claiming he would do it again if he could. As his trial continued for a second day, Anders Behring Breivik, 33, called himself a commander in an anti-Communist, anti-Islamic militant resistance movement called the Knights Templar.
 
 
by Kevin Osborne 04.13.2012
 
 
gun

Morning News and Stuff

A major roundup of people suspected of committing violent crimes in Cincinnati continues today. On Thursday, police announced they had arrested 30 people and confiscated more than 200 guns in raids in neighborhoods including Avondale, Madisonville, Price Hill, Walnut Hills and elsewhere. Cincinnati police are being assisted in the effort by the Bureau of Alcohol, Tobacco and Firearms, and Police Chief James Craig said the sweep would be ongoing for the next few days. About 100 additional suspects are being sought.

A 52-year-old woman who hasn't been able to speak for her entire adult life has now found her voice. Jan Christian recently completed a series of seven operations on her larynx to restore her speech at University Hospital. When she was 17, Christian was in a severe automobile accident in which she was thrown forward and hit her throat on the dashboard. She also broke her neck in four places.

Kentucky has changed a law so Amish people can drive their horse-drawn buggies without committing a crime. Gov. Steve Beshear signed a bill into law Wednesday that allows the Amish to use reflective silver or white tape on their buggies rather than the traditional fluorescent orange signs that makes the buggies more visible to approaching motorists. Some Amish farmers in western Kentucky had served jail time for refusing to use the emblems. They said the triangular shape represents the Trinity, which they are not allowed to display, and that the fluorescent orange calls undue attention to them against the norms of their religion.

In celebration of National Hug Day (yes, that's a real thing), several students from Xavier University will give free hugs on downtown's Fountain Square today. About 20 students will flock to the square between 11 a.m. and 2 p.m., holding up signs that read, “free hugs.” Oddly, National Hug Day actually is celebrated on Jan. 21. Well, people always say Cincinnati is a little bit behind the times.

Two Kentucky men have been charged with a federal hate crime in an attack against a gay man last year, marking the first time the law has been applied in a case involving a victim's sexual orientation. The U.S. Attorney's Office in Lexington announced the charges against two Harlan County men on Thursday. A statement said David Jason Jenkins and Anthony Ray Jenkins were indicted in an April 2011 attack on a gay man in an eastern Kentucky park.

In news elsewhere, U.S. and Asian leaders are worried that North Korea's failure to launch a rocket into orbit Thursday will prompt the nation to take some sort of aggressive action in an attempt to restore its honor. The most common fear is that the secretive, authoritarian regime will conduct a nuclear test, which could heighten tensions with South Korea and Japan. The botched launch was supposed to carry a satellite into orbit for weather observation, as the centerpiece of a national holiday weekend to honor the birth of the nation’s founder, Kim Il Sung.

As if that's not troubling enough, the Russian military anticipates an attack will occur on Iran by summer and has developed a plan to move Russian troops through neighboring Georgia to stage in Armenia, which borders on the Islamic republic. Dmitry Rogozin, who recently was the Russian ambassador to NATO, warned against an attack on Iran. "Iran is our neighbor," Rogozin said. "If Iran is involved in any military action, it's a direct threat to our security."

A United Nations team of military observers is ready to deploy to Syria to begin a monitoring mission as soon as the Security Council approves its mission, which could be later today. The team is standing by to begin overseeing a tenuous but apparently stable ceasefire, which is now in its second day. Protests in the wake of that ceasefire have broken out across the nation, and government forces have responded by firing into the air, reportedly killing one protester, activists alleged.

Apple Inc. is rejecting the U.S. Justice Department's allegations that it colluded with publishers over electronic book pricing, calling the charges "simply not true." The U.S. government this week sued Apple and five publishers, saying they conspired to fix the prices of electronic books. It has reached a settlement with three of the publishers that could lead to cheaper e-books for consumers.

The mayor of Newark, N.J., was taken to a hospital Thursday night for treatment of smoke inhalation he suffered trying to rescue his next-door neighbors from their burning house. Cory Booker arrived home when he saw flames and smoke from the second floor of the building next to his home, and no residents outside. Booker rushed in and his security detail followed. Guards rescued two people on the first floor, while Booker rescued a woman on the second floor. No serious injuries were reported. (Mark Mallory, you need to step up your game.)
 
 
by Kevin Osborne 04.12.2012
 
 
joe

Another State Ends the Death Penalty

Connecticut is 17th to abolish capital punishment

Connecticut will soon join the list of states that have ended the use of capital punishment.

 

In an 86-63 vote, legislators in Connecticut’s House of Representatives passed the bill Wednesday night. The state Senate approved the measure April 5, in a 20-16 vote.

 

Gov. Dannel P. Malloy, a Democrat, has indicated he will sign the bill when it reaches his desk, probably sometime this week. A similar bill was vetoed by then-Gov. Jodi Rell, a Republican, in 2009.

 

Connecticut’s law is prospective in nature, and won’t affect the sentences of the 11 people currently on the state’s death row.

 

In the last five years, New Jersey, New Mexico, New York and Illinois have repealed the death penalty, according to CNN. California voters will decide the issue in November.

 

Other states that have abolished capital punishment are Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia and Wisconsin.

 

Meanwhile, a man who spent 21 years on Ohio’s death row until he was exonerated in 2010 will speak tonight at a forum in Clifton.

 

Joe D’Ambrosio will discuss his experience and why he believes the death penalty should be scrapped at 6:30 p.m. at the St. Monica-St. George Parish Newman Center, located at 328 W. McMillan St. D’Ambrosio will be joined by the Rev. Neil Kookoothe, a Roman Catholic priest who worked to get him released.

 

D’Ambrosio was wrongfully convicted of the 1988 murder of Anthony Klann in Cleveland. Cuyahoga County prosecutors withheld 10 pieces of evidence that would have exonerated D’Ambrosio at his trial and implicated another suspect in the crime, a judge ruled in March 2010.

 

D’Ambrosio is the 140th Death Row exoneration in the United States since 1973 and the sixth in Ohio.

 

This week’s Porkopolis column looks at a report from Amnesty International about the use of capital punishment throughout the world, and how the United States is one of the only industrialized nations that still condones the practice.

 

 
 

 

 

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by Nick Swartsell 07.01.2014 121 days ago
Posted In: Courts at 12:39 PM | Permalink | Comments (0)
 
 
Federal Court Building

Federal Judge Strikes Down Kentucky Gay Marriage Ban

Next showdown will happen at federal appeals court in Cincinnati

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.

 
 
by Nick Swartsell 06.20.2014 132 days ago
Posted In: Courts at 01:18 PM | Permalink | Comments (0)
 
 
workers comp

Courts: Ohio Agency Owes Area Businesses Big

Recent decision says Ohio Bureau of Workers Compensation charged unfair rates

What do the Cincinnati Ballet, Jungle Jim’s and the YWCA have in common? Last month, an Ohio court upheld a ruling that the Ohio Bureau of Workers Compensation has been overcharging these and thousands of other businesses and organizations in the state. Meanwhile, the BWC cut rates for other employers who were part of preferred groups, Ohio’s 8th District Appellate Court said.

Now an advocacy organization is pushing for the BWC to pay back the difference.

While the ins and outs of the rates are complicated, the underlying concept is fairly straightforward: Worker’s compensation functions as a kind of insurance for employers. If an employee gets hurt on the job, worker’s comp will pay for lost wages and medical costs so long as the business is current on its monthly workers comp payment. A lawsuit brought by some employers receiving higher rates charged that those rates were unfair, even forcing some employers into bankruptcy.

The courts have agreed. The appellate court’s decision upholds an earlier ruling against the BWC by the Cuyahoga County Court of Common Pleas.

The courts ruled the BWC, along with lobbyists of some favored businesses, rigged workers compensation rates so that some companies picked to be designated “group rate employers” received what the court called “excessive, undeserved premium discounts” on their workers compensation insurance plans. Where did the money for those discounts come from? According to the court, from businesses who were not part of the special group rate. Those businesses paid almost $860 million extra on their workers compensation plans.  

BWC hasn’t started paying back the money, and head Steven Buehner told a Cleveland news outlet last week that the agency will appeal the ruling to the Ohio Supreme Court. It has until June 30 to do so.

Buehner says the agency’s rates simply reflect the nature of providing insurance — that low-risk customers receive lower rates than higher-risk clients. Buehner said there isn’t some big pot of money somewhere that the BWC is sitting on and that it hasn’t cheated anyone out of any funds.

If the court’s ruling holds, the BWC will owe more than 100 Cincinnati-area employers $100,000 or more, including a number of nonprofits and arts organizations. All told, the BWC could owe area businesses more than $100 million. Progress Ohio, an advocacy group, has asked Gov. John Kasich to act and make sure the BWC pays the money back.

According to Progress Ohio, which is advocating for the employers in question, the BWC could owe the Cincinnati Ballet more than $300,000, Cincinnati Playhouse in the Park nearly $150,000 and the Cincinnati YMCA $140,000. BAE, a British-owned security and armaments business with a plant in Fairfield, is the area employer owed the largest amount of money; according to the advocacy organization, the BWC charged BAE more than $1.4 million extra in premiums.

The Cincinnati YWCA is also owed payback — about $14,000. The organization told WCPO earlier this week it will be "thrilled" to get that money back so it can use it to help women and children in need.

 
 
by Nick Swartsell 06.09.2014
Posted In: Courts at 12:40 PM | Permalink | Comments (0)
 
 
mu rape flier

Ohio Supreme Court Orders Rape Flier Records Unsealed

Butler County judge acted improperly sealing files, court says

The Ohio Supreme Court ruled June 5 that a Butler County judge acted improperly when he sealed records relating to a 2012 rape flier posted at Miami University.

Judge Robert Lyons ordered the records sealed after a student at Miami University was charged with and pleaded guilty to disorderly conduct for posting a flier listing the "Top Ten Ways to Get Away with Rape" in a coed residence hall bathroom at the school.

When sealing the record, however, Lyons cited a law pertaining to sealing cases that don't reach a conviction, an error that he acknowledged later. 

The case drew national attention, in part due to the graphic nature of the list, which included pointers like "If your [sic] afraid the girl will identify you slit her throat." It also drew scrutiny for Lyons' unusual move making the records in the case, and thus the student's name, unavailable to the public.

The Cincinnati Enquirer sued to have the records released. After the suit was filed, Lyons allowed the student to withdraw his guilty plea. The state of Ohio then dropped its case against the student, and Lyons sealed the case again under the same law he had cited previously.

Misdemeanors require a one-year waiting period before cases can be sealed. Judge Lyons argued that this isn't the case for minor misdemeanors like disorderly conduct and that no waiting period applied. In a 5-2 ruling, the Ohio Supreme Court disagreed, holding that there is no such distinction.

The student left Miami shortly after the incident.

You can find the full text of the court's decision here.

 
 
by German Lopez 02.10.2014
Posted In: News, Courts, LGBT at 12:55 PM | Permalink | Comments (0)
 
 
news_gaymarriage_juliehill

Lawsuit: End Same-Sex Discrimination on Birth Certificates

Couples married outside Ohio sue over recognition on children's birth certificates

A federal court in Cincinnati could get another chance to advance LGBT rights if it takes up a lawsuit filed Monday that calls on Ohio to recognize the names of married same-sex parents on their adopted children’s birth certificates.

Civil rights attorney Alphonse Gerhardstein filed the lawsuit on behalf of four same-sex couples who married outside the state and an adoption agency that helped one of the couples adopt a child in Ohio.

“Birth certificates are the primary identity document in our society,” Gerhardstein’s firm explained in a statement. “Birth certificates tell the child, ‘these adults are your parents,’ and tell the community that these adults and children are a family. Medical care, access to schools, travel and release of information are all easily accomplished with birth certificates and are constantly burdened without accurate birth certificates. Forcing families to accept incorrect birth certificates imposes life-long harms and is a direct attack on family dignity.”

Although opponents of LGBT rights contend that allowing same-sex couples to adopt could hurt children, the research suggests otherwise.

A Boston University meta-analysis released in March found “children's well-being is affected much more by their relationships with their parents, their parents sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents.” Possibly harmful factors found in the study instead include widespread discrimination and the parents’ limited rights, neither of which can be blamed on same-sex couples. 

The complaint filed Monday comes on the heels of recent rulings that advanced same-sex rights in Ohio and across the country.

U.S. District Court Judge Timothy Black on Dec. 23 cited constitutional grounds to force state officials to recognize same-sex marriages on death certificates. That case came about after a same-sex couple in Cincinnati filed for recognition. The Republican-controlled state government, defended by Attorney General Mike DeWine, is appealing the ruling.

That ruling followed a June 26 decision from the U.S. Supreme Court that effectively struck down the federal Defense of Marriage Act and requires the federal government to recognize some same-sex marriages.

In enforcing the ruling, President Barack Obama’s administration on Monday plans to grant sweeping equal protections to married same-sex couples around the country, even those who reside in states where same-sex marriage remains illegal. The Justice Department’s decision applies to courthouse proceedings, prison visits and the compensation of public safety officers’ surviving spouses, among other areas. 

At the state level, FreedomOhio is working to get same-sex marriage on the ballot this year. The campaign is facing some resistance from other LGBT groups, but FreedomOhio says it already has the petition signatures required to put the issue to a vote in November.

The full complaint:


 
 
by German Lopez 01.20.2014
Posted In: News, 2014 election, Governor, Courts, Mayor at 09:43 AM | Permalink | Comments (0)
 
 
ed fitzgerald

Morning News and Stuff

FitzGerald picks running mate, Cranley opposes double dipping, Hunter pleads not guilty

Democratic gubernatorial candidate Ed FitzGerald on Friday announced his new running mate: Sharen Neuhardt, a Dayton-area business attorney and twice-failed candidate for Congress. The choice boosts the ticket’s credentials with women and abortion-rights advocates, but it also reinforces support for pro-choice policies that upset many Republicans and conservatives. FitzGerald originally picked State Sen. Eric Kearney as his running mate, but Kearney dropped out of the race after multiple media reports uncovered he owed more than $800,000 in tax debt. CityBeat covered the gubernatorial race and how the economy could play into it in further detail here.

Mayor John Cranley on Friday reiterated his opposition to double dipping, even though he supports hiring an assistant city manager who will take advantage of the practice. Because Bill Moller is a city retiree, he will be eligible to double dip — simultaneously take a salary ($147,000 a year) and pension — when the city hires him in February. Cranley called the practice “abusive” on the campaign trail, but he says it’s up to City Council to pass legislation that prevents it.

Hamilton County Juvenile Court Judge Tracie Hunter on Friday pleaded not guilty to nine felony charges, including accusations of backdating court documents, theft in office and misusing her county credit card. The Ohio Supreme Court on Jan. 10 replaced Hunter until her case is decided. The felony charges are just the latest for the judge, who has been mired in controversy after controversy since before she won her election.

State Rep. Alicia Reece and other activists are pushing an initiative for the November ballot that would embed “voter rights” into the Ohio Constitution. The Democrat-backed constitutional amendment is in direct response to Republican-led attempts to shrink early voting periods and restrict access to the ballot.

A propane gas shortage in some parts of the state led Gov. John Kasich to suspend state and federal laws that keep propane suppliers off the roads on weekends.

State Treasurer Josh Mandel’s failed Senate campaign sold an SUV totaled in March — effectively averting an insurance review that might have clarified the vehicle’s use and insurance status — shortly after questions arose over the continued use of the vehicle months after Mandel’s Senate campaign ended.

Secondhand smoke increases the odds of hospital readmission for children with asthma, according to a study from Cincinnati Children’s Hospital Medical Center and Penn State Milton S. Hershey Children’s Hospital.

Google’s smart contact lens could help diabetics.

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by German Lopez 01.15.2014
 
 
scott stiles

Morning News and Stuff

City personnel changes spur backlash, county seeks MSD compromise, judge indicted again

The latest administrative shakeups at City Hall spurred controversy after the city administration confirmed City Solicitor John Curp will leave his current position and one of the new hires — Bill Moller, a city retiree who will become assistant city manager — will be able to “double dip” on his pension and salary ($147,000 a year). Councilman P.G. Sittenfeld said on Twitter that City Council will discuss the personnel changes at todays council meeting. The hiring decisions are up to Interim City Manager Scott Stiles, but some council members say they should be more closely informed and involved. (This paragraph was updated after council members called off the special session.)

Hamilton County commissioners plan to vote on a resolution today that attempts to compromise with City Council on controversial contracting rules for Metropolitan Sewer District (MSD) projects. Both the Democrat-controlled city and Republican-controlled county agree the issue needs to be resolved soon so MSD can get on with a $3.2 billion sewer revamp mandated by the federal government. But it remains unclear whether the county’s compromise, which adds some inclusion goals and funding for training programs, will be enough for City Council. In December, Democratic council members refused to do away with the city’s contracting rules, which require MSD contractors to meet stricter job training standards and programs.

Hamilton County Juvenile Court Judge Tracie Hunter was indicted on a ninth felony charge yesterday. The charge — for misusing her county credit card — comes on top of eight other felony counts for allegedly backdating court documents and stealing from office. In response to the first eight charges, the Ohio Supreme Court disqualified Hunter as she fights the accusations and replaced her with a formerly retired judge, who will be aided by the juvenile court’s permanent and visiting judges in addressing Hunter’s expansive backlog of cases.

A bipartisan proposal would allow Ohioans to recall any elected official in the state.

Duke Energy cut a $400,000 check to the Greater Cincinnati Port Authority for redevelopment projects at Bond Hill, Roselawn and Queensgate.

Sixty-two people will be dropped from Hamilton County voter rolls because they didn’t respond to a letter from the board of elections challenging their voting addresses.

It’s official: Democrat Charlie Luken and Republican Ralph Winkler will face off for the Hamilton County Probate Court judgeship.

Facing state cuts to local funding, a Clermont County village annexed its way to higher revenues. But the village has drawn controversy for its tactics because it explicitly absorbed only public property, which isn’t protected from annexation under state law like private property is.

More Ohio inmates earned high school diplomas over the past three years, putting the state ahead of the national average in this area, according to a report from the Correctional Institution Inspection Committee.

Ky. Gov. Steve Beshear says he supports legislative efforts to increase Kentucky’s minimum wage to $10.10 over the next three years.

One Malaysian language describes odors as precisely as English describes colors.

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by German Lopez 01.13.2014
Posted In: News, Transportation, Courts, 2014 election at 10:28 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

State fights for minor party restrictions, local judge disqualified, Oasis rail line draws critics

Ohio officials will appeal a court ruling that blocked tougher requirements on minor political parties and allows them to run in the 2014 primary and general elections under previous rules. The Republican-controlled Ohio legislature and Gov. John Kasich approved the stricter rules last year. Democrats and Libertarians argued the new law, which they labeled the John Kasich Re-election Protection Act, was put in place to protect Kasich from conservative electoral challengers upset with his support for the federally funded Medicaid expansion.

The Ohio Supreme Court disqualified Hamilton County Juvenile Judge Tracie Hunter Friday after she was indicted on eight felony charges for, among other accusations, backdating and forging court documents. The disqualification could further burden a court that’s already known for a large backlog of cases. It remains unclear how long Hunter’s case and disqualification will last and whether she’ll be replaced while the legal battle unfolds.

Many streetcar supporters oppose the Oasis rail line and the rest of the Eastern Corridor project. Critics of the project point to a recent study that found the Oasis line would generate low economic development in seven of 10 planned stations. Instead of supporting the Oasis line, Cincinnatians for Progress says local officials should work to first establish a transit line — perhaps through a piece-by-piece approach of the defunct MetroMoves plan that voters rejected in 2002 — that could act as a central spine for a broader light rail network. Opposition to the Oasis line is also rooted in a general movement against the Eastern Corridor project, which some say would expand and rework roads and highways in a way that could damage and divide the East Side and eastern Hamilton County. Officials are taking feedback for the Eastern Corridor and Oasis rail line at EasternCorridor.org.

Hamilton County Commissioner Todd Portune, who might challenge Democratic gubernatorial Ed FitzGerald in the May primary, discussed the gubernatorial race in a nearly 40-minute interview with The Cincinnati Enquirer’s editorial board Friday. View the full interview here.

The U.S. Supreme Court will hear whether groups have the right to sue in a local case that could have broader implications for free-speech rights and limitations. The legal fight between former Rep. Steve Driehaus and the Susan B. Anthony List could resolve whether political campaigns have the right to lie.

As local and state officials work to address the opiate epidemic, a drug history scholar from the University of Cincinnati proposes alternatives to the failing war on drugs.

One drug helps prevent opiate addicts from getting high.

The Ohio Department of Health says flu activity in Ohio is now widespread.

Ohio’s chief justice says it’s time to reform how judges are elected. It remains unclear exactly how Chief Justice Maureen O’Connor would reform the system, but she says she wants to uphold courts’ attempts at impartiality.

Reminder: January is Human Trafficking Awareness Month. Find out more at HumanTrafficking.Ohio.gov.

Ohio gas prices increased in time for the new workweek.

Racism could accelerate aging among black men, according to a new study.

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by German Lopez 01.08.2014
Posted In: News, Budget, 2014 election, Courts, Economy, Governor at 10:18 AM | Permalink | Comments (0)
 
 
kasich_2

Morning News and Stuff

Judge halts election law, unemployment benefits advance, city loses budget director

A federal judge halted a controversial election law that limited minor political parties’ access to the ballot and ruled that the state must allow minor parties to participate in the primary and general elections in 2014. But by merely agreeing that only the retroactive restrictions for 2014 are too burdensome for minor parties, the judge left room to keep the law intact for elections in 2015 and beyond. Still, the ruling comes as a major victory for the Libertarian Party of Ohio and other minor parties who took to calling the Republican-backed law the “John Kasich Re-election Protection Act” because it conveniently limited minor parties that are upset with Republican Gov. John Kasich’s support for the Obamacare-funded Medicaid expansion.

Ohio Sen. Rob Portman broke with most of his fellow Republicans yesterday to help advance federal legislation that would extend emergency benefits for the long-term unemployed. Still, he hinted that he would not support the three-month extension if the $6.4 billion cost isn’t covered by federal spending cuts elsewhere. Without the extension, 128,600 Ohioans could lose unemployment benefits through 2014 even as the state economy shows signs of weakening.

Cincinnati Budget Director Lea Eriksen yesterday confirmed she is leaving her high-level city job to take the same job in Long Beach, Calif. Peggy Sandman will fill in for Eriksen while a search for a permanent replacement is held. Eriksen’s announcement comes as a blow to the city but little surprise to political watchers. Shortly before taking office, Mayor John Cranley called Eriksen and other administration officials “incompetent” because of how they handled the $132.8 million streetcar project, even though their estimates for cancellation costs turned out to be mostly on point.

Newsflash: Global warming didn’t stop just because we’re cold now.

The worst of the deep freeze should be over for Ohio.

Cincinnati’s 2013 homicide rate of 25 per 100,000 residents compares to Cleveland at 22, Indianapolis at 14.85, Columbus at 11.24 and Louisville at 8.43.

An Ohio appeals court ruled Cincinnati can change medical benefits for retirees after all.

Construction for the uptown interchange could begin in July and finish in late 2016.

The city announced yesterday that it’s extending its Winter Holiday Trash Amnesty through Jan. 17, which means residents have until then to set out extra trash next to their city-provided trash carts.

Gov. Kasich is asking parents to tell their children about the dangers of drug abuse, as the state works to combat problems with prescription painkillers and heroin.

A Fairfield, Ohio, teacher who was fired for allegedly telling a black student, “We don’t need another black president,” will fight for his job.

Dozens of inmates at the Lebanon Correctional Honor Camp endured frigid conditions Monday evening after one of three furnaces broke, according to the Ohio Department of Rehabilitation and Correction.

A Cincinnati-area medical device firm is in a race with some of the largest pharmaceutical companies in the world to get a painless drug injector on the market.

People are stealing English ferrets used to hunt rabbits.

A survey of brown dwarfs found they’re racked by planet-sized storms of molten iron.

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by German Lopez 01.03.2014
Posted In: News, Abortion, 2014 election, Governor, Courts at 09:24 AM | Permalink | Comments (0)
 
 
ohio statehouse

Morning News and Stuff

Abortion restrictions follow trend, more tax issues in state election, Luken to run for judge

Ohio and various other states passed more abortion restrictions between 2011 and 2013 than they did in the previous decade, according to the Guttmacher Institute. The findings indicate that the latest Republican-backed abortion restrictions, which were passed through Ohio’s two-year state budget last June, were part of a broader trend that’s culminated across the nation since the tea party rose to national prominence in 2010. The trend could play a pivotal political role: Ohio Democrats have made their opposition to the abortion restrictions a central part of their campaigns to unseat Republican incumbents who hold top executive offices in the state.

One of the candidates expected to join the tea party ticket in a Republican primary challenge against Gov. John Kasich appears to have personal tax problems. Brenda Mack, tea party leader Ted Stevenot’s expected running mate, is linked to nearly $60,000 in unpaid state and federal taxes and penalties, according to government records in Mahoning and Cuyahoga counties analyzed by The Columbus Dispatch. Mack refuses to comment on the tax problems until a Tuesday press conference in which she and Stevenot are expected to officially announce their candidacies for the May 6 primary.

Former Mayor Charlie Luken says he will run for Hamilton County probate judge. The Democratic candidate will likely face off against Republican Ted Winkler, a Hamilton County Common Pleas Court judge. Luken recently garnered the public spotlight for his support for Mayor John Cranley’s campaign.

Cincinnati’s homicide rate for victims younger than 18 rose to 1 in 7 in 2013 and 2012, up from 1 in 10 from 2000 through 2011, according to The Cincinnati Enquirer. Four of the juvenile victims were 1-year-old or younger, including a fetus who died after the mother was strangled to death in April.

Four seats on the 19-member Ohio Board of Education remain unfilled, including two seats that have been vacant for months, long past the 30-day deadline Gov. Kasich has under state law to name a replacement. Administration officials said they’re aware of the deadline, but they intend to find the best fit for the position before moving forward with an appointment. “It’s far more important to us to find the right person than putting warm bodies on the board,” Kasich spokesperson Rob Nichols told The Columbus Dispatch.

The amount of untested rape kits submitted to Ohio’s Bureau of Criminal Investigation exceeded 5,000.

Fewer than 1,000 died last year in traffic crashes across Ohio, the lowest number since the state began keeping track of the fatalities in 1936.

Bill Nye the Science Guy will debate evolution and biblical creationism at northern Kentucky’s Creation Museum on Feb. 4. Evolution is a scientific fact, but Creation Museum leader Ken Ham denies its existence.

Aaron Betsky announced yesterday he will step down as director of the Cincinnati Art Museum. The news follows Betsky’s controversial comments against the streetcar project in ArchitectMagazine.com, which Betsky expanded on in a separate blog post. CityBeat recently interviewed Betsky here.

The Cincinnati Bengals received an extension until 4 p.m. today to sell out tickets for Sunday’s game and avoid a television blackout in the Cincinnati area.

Strange lights sometimes precede earthquakes.

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by Hannah McCartney 11.12.2013
Posted In: Media, Media Criticism, News, Ethics, Courts, Police at 03:25 PM | Permalink | Comments (0)
 
 
defamation

Gannett Weekly Loses Appeal in Defamation Suit

Court upholds decision that the paper's 2010 statement was made with actual malice

A Sixth Circuit Court of Appeals judge has denied the Milford-Miami Advertiser's request to appeal a 2012 ruling that charged the Gannett-owned suburban weekly with defamation and ordered the paper to pay the defamed plaintiff $100,000 in damages.

In an article published in the Advertiser on May 27, 2010 titled "Cop's suspension called best move for city," the paper implicated Miami Township police officer James Young, who years before had been mired in legal trouble for accusations of sexual assault that were eventually disproven, in its article discussing another sex scandal in the area.

According to court documents, in 1997, Young was initially fired from his job after a woman named Marcie Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. An internal investigation revealed that the two had actually been engaged in a relationship prior and that Young had spent time at Phillips' house while on duty. The allegations, however, were entangled in questions about Phillips' character and concern that she could have been lying about the rape because the relationship between the two had recently ended on rocky terms.

When DNA testing on semen found on a rug in the woman's home proved that the DNA didn't match Young's, he was exonerated and reinstated to his position

The Advertiser article explained that Young had been terminated for sexual harassment, immoral behavior, gross misconduct and neglect in the line of duty and also stated that "Young had sex with a woman while on the job," which formed the basis for Young's defamation suit.

The 2010 article dealt with similar accusations lodged against Milford Police Officer Russell Kenney, who pleaded guilty to charges that he'd been having sex with Milford Mayor Amy Brewer while he was on duty on multiple occasions.

Kenney was suspended from his position for 15 days, but was later reinstated even though Milford's police chief planned to recommend his termination to avoid having to use an arbitrator to dissect the case.

Although the article is attributed to writer Kellie Giest, the lawsuit revealed that the paper's editor at the time, Theresa Herron, inserted the section of the article that went to trial. According to court documents, Herron added the paragraphs about Young to Giest's story because she felt the article needed more context about why the city wanted to avoid arbitration.

According to court documents from the suit Young filed against the Gannett Satellite Information Network, Gannett responded the to initial complaint by acknowledging that the statement was a defamation of character, but that the statement was made without actual malice on the part of Herron. There is a high legal threshold for plaintiffs to establish a defamation claim, which require the plaintiff to prove several elements beyond a reasonable doubt; for public officials, the threshold is even higher because they most prove that the offender acted with actual malice — in this case, knowing the claim about Young was false and printing it anyway — to win a lawsuit.

In its appeal, Gannett argued that Young, as a police officer, did not meet the threshold of a public official required to successfully establish a defamation claim and that Herron's inclusions were based on rational interpretations of documents on the case — even though Young denied having sex with plaintiff Marcie Phillips, he admitted the two had kissed and the arbitrator's report documented one instance in which Young was at Phillips' house while on duty.

In the court's opinion denying Gannett's appeal, Judge John Rogers writes that Herron admitted she had read the arbitrator's report from Young's case, which provided no evidence that Young and Phillips ever actually had sex at all.

"There was sufficient evidence for the jury to conclude that Herron was well aware that the statement she added to the article was probably false," it reads. "Herron was also reckless in failing to conduct any investigation beyond the records of the original case. She did not seek out Young for comment, nor did she talk to anyone involved in his case."

 
 
 
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