The Anna Louise Inn, the city of Cincinnati and Western & Southern (W&S) met for what could be the final time in court today. For the most part, both sides took their time at the Ohio First District Court of Appeals to restate past arguments.
The three-judge panel heard 15-minute arguments by both sides. It is expected to give a final decision in 30 to 45 days.
During the hearing, W&S lawyer Francis Barrett insisted that the Anna Louise Inn meets the definition of a “special assistance shelter,”rather than “transitional housing” as it was originally classified, due to the Off the Streets program, which helps women involved in prostitution turn their lives around. The difference in labels could have substantial implications for the Anna Louise Inn and whether it can go ahead with its planned $13 million renovation. However, the inn has already obtained a conditional use permit for its renovations in light of the original court decision classifying it as a special assistance shelter.
Tim Burke, lawyer for the Anna Louise Inn, rebutted by asserting that the record shows the Anna Louise Inn has never acted as a special assistance shelter. In one example, Judge Sylvia Hendon asked Burke if the Anna Louise Inn would take in a woman in the middle of the night since it is not a special assistance shelter. Burke responded by saying the Inn would turn the woman away, as required under zoning code: “She will be directed to one of the traditional homeless shelters. She is not admitted to the Anna Louise Inn. The program does not operate that way, and it never has. And the record is absolutely clear about that.”
The ongoing feud was triggered by Cincinnati Union Bethel’s (CUB) refusal to sell the Anna Louise Inn property to W&S. The company originally offered $1.8 million to buy the Anna Louise Inn in 2009. CUB declined, and it eventually obtained $12.6 million in state- and city-distributed federal funding for long-needed renovations. From that point forward, relations between CUB and W&S deteriorated, as CityBeat previously covered in detail (“Surrounded by Skyscrapers,” issue of Aug. 15)
When asked how the hearings went, Burke replied, “You never know … until you hear the decision.”
You poison one little French farmer and all hell breaks loose. Giant chemical-maker Monsanto yesterday announced it plans to appeal a Monday ruling that one of its herbicides in 2004 poisoned French farmer Paul Francois, who says inhaling a Monsanto weedkiller led to “memory loss, headaches and stammering”(coincidentally, these are the same symptoms of the accidental hangover™).
In addition to the French farmer being pissed enough at the company for giving him a hangover when he was trying to work his farmland, there are about a million other people officially declaring themselves as against Monsanto via “Millions Against Monsanto,” an organic consumers association that campaigns for “health, justice, sustainability, peace and democracy.” If you accept the possibility of Monsanto obstructing even a majority of these five concepts, it’s easy to believe the company has enemies from a lot of different backgrounds.
That’s why Monday’s ruling by a French court finding Monsanto legally responsible for poisoning Francois and ordering it to compensate him has enlivened a bunch of angry activists.
Monsanto offers a wealth of content documenting the agricultural
biotechnology corporation’s government ties, tendencies to take
small dairies to court, refusal to compensate veterans for Agent
Orange and getting their nasty chemicals in normal people’s water
supplies. (Wikipedia is hilariously filled with references to things like dumping toxic waste in the UK, Indonesian bribing convictions and fines for false advertising.) Even 'ol boy Obama has gotten caught up in the mix with
charts like this one circulating on Facebook:
The latest news out of Millions Against Monsanto is the moving forward of a California ballot initiative to require mandatory GMO labeling that polls show has 80 percent support. According to the site:
"A win for the California Initiative would be a huge blow to biotech and a huge victory for food activists. Monsanto and their minions have billions invested in GMOs and they are willing to spend millions to defeat this initiative. California is the 8th largest economy in the world. Labeling laws in CA will affect packaging and ingredient decisions nation-wide. The bill has been carefully written to ensure that it will not increase costs to consumers or producers."
Back in France, our
friendly farmer will have to wait a while for whatever compensation
poisoning amounts to, as Monsanto says it will appeal the ruling.
According to The Washington Post: Monsanto spokesman Tom Helscher
says the company does not think there is “sufficient data” to
demonstrate a link between the use of Lasso herbicide and the
symptoms Francois reported.
"We do not agree any injury was accidentally caused nor did the company intentionally permit injury," Helscher said. "Lasso herbicide was ... successfully used by farmers on millions of hectares around the world."
This morning, social conservatives around the world dug themselves into Armageddon-resistant bunkers, preparing for what they knew was coming. Today, marijuana and same-sex marriage were being legalized in Washington state.
But the bunkers may have been a waste of time and money, considering the end of the world didn’t occur. In fact, it seems like a lot of people are happy with the legal changes, which voters approved on Nov. 6.
From the perspective of this CityBeat writer, same-sex marriage would be great. It’s something I wrote about extensively before (“The Evolution of Equality,” Nov. 28 issue). As a refresher, not only does same-sex marriage bring a host of benefits to same-sex couples, but it also produces economic benefits for everyone. A recent study from Bill LaFayette, founder of Regionomics LLC, found that legalizing gay marriage would grow Ohio’s gross domestic product, which measures economic worth, by $100-$126 million within three years.
Marijuana has similar benefits. Not only does it give people the freedom to put a relatively harmless plant into their bodies, but it also provides a big boon to state budgets. For Washington, it’s estimated the marijuana tax will bring in as much as $500 million a year.
Legalization also creates jobs and economic growth as businesses pop up to sell the product and customers buy the plant to toke up. Washington State’s Office of Financial Management estimates the marijuana market will be worth about $1 billion in the state. Considering the state is about 2 percent of the U.S. population, that could be extrapolated to indicate a potential $50 billion nationwide market.
Still, public use of marijuana and driving while intoxicated remain illegal. In a press conference Wednesday, Seattle City Attorney Pete Holmes said, “If you're smoking in plain public view, you're subject to a ticket. … Initiative 502 uses the alcohol model. If drinking in public is disallowed, so is smoking marijuana in public.”
The Seattle Police Department (SPD) seems a bit friendlier. In an email today, SPD told officers to only give verbal warnings until further notice. The warnings should essentially tell people to take their marijuana inside, or, as SPD spokesperson Jonah Spangenthal-Lee put it on the SPD Blotter, “The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a ‘Lord of the Rings’ marathon in the privacy of your own home, if you want to.”
The Washington law also faces possible federal resistance.
Even though the state legalized pot, the drug is still illegal under
federal law. That means the feds can still shut down marijuana
businesses and arrest buyers, just like they have with legal medical marijuana
dispensaries in the past.
In fact, maybe the limitations are what’s keeping the
apocalypse at bay. Maybe social conservatives will get to make use of
those bunkers if the rest of the country catches on to Washington’s
• Prematurity/low birth weight (prematurity is the No. 1 cause of infant death)
• Congenital anomalies
• Sudden infant death syndromeThese abnormalities are distributed differently across demographics, especially varying across race brackets.
The news was unveiled in a city memo this morning, which detailed the streetcar project’s future following a construction deal with Messer Construction, Prus Construction and Delta Railroad.
The news comes after Messer revealed it will need nearly $500,000 more to do construction work, which will be covered by the project’s $10 million contingency funds.
The memo detailed other upcoming milestones for the streetcar project:
• March 1, 2015: Substantial completion of a 3,000-foot test track and maintenance center.
• June 29, 2015: Substantial completion of Over-the-Rhine loop.
• March 15, 2016: Substantial completion of all work.
City Council recently approved $17.4 million in
additional capital funding for the streetcar project, along with various
accountability measures that will require the city manager to regularly update
council and the public on the project’s progress. The project’s estimated cost now stands at $133 million.
Ever since its inception, the Cincinnati streetcar has been mired in political controversies and misrepresentations, which CityBeat covered in further detail here.
An animal rights group had one of its members question executives of the Kroger Co. grocery store chain at its annual shareholders meeting held here Thursday.
The People for the Ethical Treatment of Animals (PETA) had member Lindsay Rajt, who also is a Kroger shareholder, ask during the meeting whether Kroger has plans to move toward a less cruel method of poultry slaughter, called "controlled-atmosphere killing" (CAK), instead of its current practice.
A well-known Cincinnati philanthropist is among four people selected to receive the first-ever Women of Distinction Award by the national YWCA.
Francie Pepper is being recognized for her years of work in support of issues involving women, girls and racial justice.
Pepper has served on the board of the Cincinnati YWCA since 1996, and also served as chair of its board from 2000-04. She has played a critical role for women who have experienced domestic violence, co-chairing a YWCA capital campaign that raised $7.5 million for a larger shelter that tripled the agency’s capacity to serve battered women and their children so they wouldn’t have to be put on a waiting list.
Also, some campaign funds were used to restore the YWCA’s historic headquarters, located on Walnut Street downtown, add a childcare center to the facility.
Further, Pepper has volunteered for numerous organizations and causes in Greater Cincinnati, and her work in support of domestic violence awareness programs has gotten national recognition. She is a major supporter of the Sophia Smith Collection at Smith College, an internationally recognized repository of manuscripts, archives, photographs, periodicals and other primary sources in women's history, including all of the YWCA’s historical files.
Francie Pepper is the wife of John Pepper, who previously served as the chairman of the board at both Procter & Gamble and The Walt Disney Co.; she is the mother of David Pepper, a former Cincinnati city councilman and Hamilton County commissioner.
The Women of Distinction Award, bestowed by the YWCA USA, honors professional women from the private and public sectors across the United States who have demonstrated excellence, leadership and integrity in their fields and in the community, serving as role models for other successful women.
Nominations from YWCAs across the United States were solicited to find leaders whose work has made an impact on women’s economic empowerment and racial justice.
Other award recipients this year are:
• Congresswoman Gabrielle Giffords (D-Ariz.), who survived an assassination attempt in January 2011, and is recovering from her injuries;
• Lt. Col. Tammy Duckworth, an Iraq War veteran and ex-Army helicopter pilot who combat wounds led to the amputation of her legs and cost her the use of her right arm; and
• Elouise Cobell, a Native
American leader who challenged the United States' mismanagement of trust funds
belonging to more than 500,000 individual Native Americans, leading to a $3.4
A Democratic operative who once served as former Cincinnati Councilman John Cranley’s campaign manager already is staking out cyber turf in advance of Cranley’s rumored run for mayor of Cincinnati. Two Internet domains have been registered for CranleyForMayor on GoDaddy.com. The domains were created three months ago. As yet, no active websites are operating on CranleyForMayor.org or CranleyForMayor.info.
Both sites are held in the name of Jay Kincaid, a longtime Democratic operative in Cincinnati. This year, Kincaid has been working on the campaigns of Denise Driehaus, who is seeking reelection to the Ohio House, and Steve Black, who is running for Common Pleas Judge. (Kincaid is engaged to Black’s daughter.) Kincaid ran Cranley’s successful 2007 campaign for reelection to Cincinnati City Council and was paid about $26,000 for the work. Obviously, he and Cranley go back a long way. It’s doubtful Kincaid would have staked out the Internet domains for another candidate to double-cross Cranley. There have been instances where people have grabbed domains to shut out opponents, or set up spoof and decoys as dirty tricks. By all accounts, Kincaid is described as a trusted adviser.
So far, there’s been no official announcement that Cranley is running for mayor. Yet there have been plenty of rumors. Cranley recently positioned himself as an opponent of Mayor Mark Mallory’s efforts to finance the streetcar project, a move that put him back in the news. Registering Internet domains is likely to add to the speculation. All candidates these days have websites, and the portals are central to fundraising, getting out the word on issues and scheduling events.
Who else might be running to succeed Mallory, who is term-limited out of office next year? Among the D’s, names being mentioned include Vice Mayor Roxanne Qualls, Democratic State Sen. Eric Kearney and Councilman P.G. Sittenfeld. Kearney is the highest-ranking Democrat in the Ohio Senate, and can’t run for reelection due to term limits. He’s reportedly told people he wants to move into the mayor’s office, but he’s also said to have recently changed his mind. The word from Democratic insiders about Kearney: Stay tuned. Qualls, who served as mayor in the 1990s, is said to be a definite. Sittenfeld is called a complete question mark.
On the GOP side, Charlie Winburn might run again. And Chris Smitherman is considered a possibility as either a Democrat, Republican, under a Third Party flag or an independent.
UPDATE: Some courthouse officials are saying CityBeat's sources are wrong, and that no decision has been made on who will fill Clancy's former job. The officials say applications were being accepted until Jan. 5, and the judges will decide later. One option would be to keep the position vacant, at least temporarily, to save money. Other sources, however, are saying the selection of Jodie Leis-George and Casey DeNoma to share the job is a "done deal" and courthouse officials are seeking political cover for the choice. We shall see in the weeks to come.
The ruling means the case could restart, potentially setting Cincinnati Union Bethel, which owns the inn, and Western & Southern on another path of court hearings and appeals that will take up taxpayer money and the courts’ time — all because Western & Southern is bitter it didn’t purchase the Anna Louise Inn when given the opportunity.
By agreeing with the lower court that Cincinnati Union Bethel filed an incomplete application, the appeals court is now asking the owners of the Anna Louise Inn to resubmit their
funding requests to the city of Cincinnati — except this time Cincinnati Union Bethel
will have to include details about previously omitted parts of the Anna Louise Inn and the Off
the Streets program.
But Tim Burke, Cincinnati Union Bethel’s attorney, is hopeful the process will not have to restart. He says Cincinnati Union Bethel already carried out the appeals court’s requirements. After Hamilton County Judge Norbert Nadel handed down his May 4 ruling against the Anna Louise Inn, Cincinnati Union Bethel started a second chain of zoning and permit applications to obtain a conditional use permit that met Nadel’s specifications. So far, the applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.
Burke and Cincinnati Union Bethel hope to meet with Nadel Monday to make their case. If they’re successful, they’ll stave off another series of court hearings and appeals.
Burke says the case has been a uniquely negative experience — previously calling it one of the most frustrating of his career. He says Western & Southern’s actions are pure obstructionism: “They benefit from delays, and that’s all they’re trying to do.”
Cincinnati Union Bethel wants to use city funds to help finance $13 million in renovations for the Anna Louise Inn, which are necessary to keep the building open and functional.
The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.
Western & Southern previously supported the Anna Louise Inn and the Off the Streets program with direct donations, but the friendly relations abruptly ended when Cincinnati Union Bethel refused to sell the building to Western & Southern, instead opting to renovate the Inn. At that point, Western & Southern began a series of legal challenges meant to obstruct Cincinnati Union Bethel’s renovation plans.
The zoning debate centers around whether the Anna Louise
Inn qualifies as a “special assistance shelter” or “transitional
housing.” The Anna Louise Inn originally claimed to be transitional
housing, but Nadel ruled the building is a special assistance
shelter. After that ruling, Cincinnati Union Bethel obtained a conditional use permit for the new classification, but Western & Southern is now disputing the approval of that permit.
For more information about this ongoing dispute, visit CityBeat's collection of coverage here.