by German Lopez
11.01.2012
COAST’s Busy Week in Court
Conservative group involved in two lawsuits related to streetcar, CPS levy
A local conservative group is making a lot of use of member and lawyer Chris Finney. The Coalition Opposed to Additional Spending and Taxes (COAST) was involved in two lawsuits filed this week: one regarding the Blue Ash Airport deal and another regarding Cincinnati Public Schools (CPS).
Criticism of the Blue Ash Airport deal is not new for COAST. The group has repeatedly criticized the deal, largely because as much as $26 million from the deal will be used to fund Cincinnati’s $110 million streetcar. In the past, COAST has repeatedly characterized the streetcar as a “boondoggle.”
The deal between Blue Ash and Cincinnati is not new, but it did get reworked earlier this year. In 2006, the $37.5 million deal had Cincinnati selling Blue Ash some land on the Blue Ash Airport property, which Blue Ash would then use to build a park. Blue Ash voters approved the deal, which contained a 0.25 percent earnings tax hike, in a two-to-one margin.
When Cincinnati couldn’t get a $10 million grant from the Federal Aviation Administration (FAA), the city stopped working on the airport as it became too costly. The city then tried to shift the proceeds from the deal to the Cincinnati streetcar, but the FAA said funding must be used for airports since the property is classified as an airport.
Eventually, Cincinnati asked Blue Ash to rework the deal. The plan was Blue Ash would rescind the deal, and then Cincinnati would officially close down the airport and resell the land to Blue Ash while it’s no longer classified as an airport.
At first, city officials said $11 million of the opened-up money would go to the streetcar and $26 million would go to municipal projects. Since then, the city has shifted $15 million of that municipal project funding — supposedly temporarily — to help Duke Energy move underground utility lines from the path of the proposed streetcar route, at least until the city and energy company can work out an ongoing feud.
The reworked deal, which was approved by Blue Ash City Council in a 6-1 vote on Aug. 9, seemed like a win-win for both sides. Cincinnati would get more funding for ongoing projects, and Blue Ash netted $2.25 million from the deal — $250,000 to cover fees for Blue Ash’s new park and $2 million was subtracted from the deal since Blue Ash would no longer have to match the FAA grant.
But COAST does not approve. The organization doesn’t want any funding redirected to the streetcar, and it claims the reworked deal is not allowed. The lawsuit filed by Blue Ash resident Jeffrey Capell and Finney cites a section of the Blue Ash City Charter that disallows some contracts: “No contract shall be made for a term longer than five years, except that franchises for public utility services and contracts with other governmental units for service to be received or given may be made for any period no longer than twenty years.”
Mark Vander Laan, Blue Ash’s city solicitor, says the city charter section the lawsuit is referencing is irrelevant. He argues the deal is not a contract as the city charter defines it; instead, it’s a mortgage and debt instrument. In the Blue Ash City Charter, there’s another section that deals with debt instruments, and that’s what the rescinded deal falls under, according to Vander Laan. He says the city would not function as it does today if the lawsuit’s claim was correct: “If that were the case, all the bonds we’ve ever issued would have been incorrect.”
Vander Laan says the real issue here is disapproval of the streetcar, not any legal technicalities: “They may have a complaint about the streetcar, but that’s not the city of Blue Ash’s issue at all. We don’t think it’s even an appropriate basis to challenge this.”
He added, “Frankly, if somebody had an issue with (the deal), they should have taken that issue back in 2006 and 2007.” That’s when Blue Ash voters first approved the airport deal, but back then, the money wasn’t going to the streetcar, which didn’t even exist at the time.
In another legal battle, COAST filed a lawsuit against CPS over staff allegedly campaigning for Issue 42, a ballot initiative that will renew a CPS levy voters approved in 2008. The case goes back to 2002, when Tom Brinkman, chairman of COAST, sued CPS for “illegal and unconstitutional use of school property for campaign purposes,” according to the lawsuit. That case ended in a settlement, which forced CPS to enter into a “COAST Agreement” that says, “CPS will strictly enforce a policy of preventing … Other Political Advertisements on CPS Property.”
But COAST now says that agreement has been broken, and the
lawsuit cites emails as evidence. The emails show staff promoting voter
registration drives, which aren’t directly linked to Issue 42, and
staff offering to contribute and volunteer to the campaign. In the
emails, there are a few instances of Jens Sutmoller, Issue 42’s campaign
coordinator, asking CPS staff to give him personal emails, which shows
he was trying to avoid breaking any rules.
In CityBeat’s experience, CPS officials have been pretty strict with following the settlement with COAST. In a Sept. 20 email, Janet Walsh, spokesperson for CPS, told CityBeat she could not provide some levy-related information during work hours: “Yes, but due to constraints about doing levy-related work on work time (we can't), it may have to wait until I can get on my home computer.”
COAST has endorsed a “No” vote on Issue 42. In CityBeat’s
in-depth look into CPS and Issue 42 (“Battered But Not Broken,” issue
of Oct. 3), Brinkman defended COAST’s position by saying they’re not
necessarily against the school getting funding. COAST is more
interested in holding the school accountable: “It’s a five-year levy.
The reason we have five-year levies is so the public can gauge after
four or four and a half years how the entity where the taxes are going
to is doing with the money.” In that sense, for COAST, it’s important to
bring the levy renewal to voters as late in the game as possible —
November 2013 in this case. CityBeat this week endorsed a "Yes" vote on Issue 42 here.
Criticism of CPS levies is also not new for COAST. The group campaigned against last year’s new, permanent $49.5 million levy, which CPS said it needed to meet new technology needs and keep some buildings open.
by Andy Brownfield
12.26.2012
Leis to Stay on Public Payroll
Retiring sheriff will take visiting judge job in 2013
Outgoing Hamilton County Sheriff Simon Leis is retiring after his current term and Jim Neil will replace him on Jan. 6, 2013, but that doesn’t mean Leis is done with public life.
The lawman best known for the raid of the Contemporary Arts Center over an allegedly obscene Robert Mapplethorpe exhibit and his prosecution of pornographer Larry Flynt will begin serving as a visiting judge in 2013, according to letters first published by The Enquirer.
Before being appointed sheriff, Leis served as a Hamilton County Common Pleas judge from 1982 to 1987. Prior to that he was Hamilton County prosecutor for 12 years.
The letters dated May 1, 2012 and Oct. 22, 2012 indicate that Leis wrote Ohio Supreme Court Chief Justice Maureen O’Connor to let her know he was retiring and was interested in being assigned as a visiting judge.
Visiting judges are in charge of all of the cases other judges are assigned but can’t get to due to full dockets. Leis will be paid the standard visiting judge rate of $60.68 per hour.
Since Leis last served as judge 25 years ago, O’Connor is requiring him to shadow another judge for a day or so to get back up to speed. Leis has kept his law license current since becoming sheriff.
by Hannah McCartney
04.06.2012
Ohio Executions Back On
Judge rules state again capable of carrying out death penalty
Ohio can now resume carrying out executions for the first time since November 2011, after a ruling Wednesday from U.S. District Judge Gregory Frost of Newark.
In January, Frost halted the Ohio execution of condemned murderer Charles Lorraine in light of several slip-ups by the state in following its own execution protocol. On Feb. 8, the U.S. Supreme Court upheld Frost’s decision, ruling that the number of documented failures to follow procedure were enough to place an official moratorium on executions.
The failures to follow protocol were reportedly mostly minor paperwork technicalities, including not properly documenting that an inmate’s medical files were reviewed and switching the official whose job it was to announce the start and finish times of the lethal injection.
The state argued that the errors were minor, and didn’t legitimately affect the state’s ability to carry out humane executions. Frost, however, expressed frustration at the state’s failure to follow codes it had set itself. "Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," Frost wrote in his January ruling.
Frost's ruling means that the state will move forward with the April 18 execution of Mark Wiles, who was found guilty for stabbing a 15-year-old boy to death in1985. Frost recently denied Wiles' request for a stay of execution. Although his ruling sided with the state, Frost seemed somewhat wary of the state's promises to reform.
Since the moratorium, the Ohio Department of Rehabilitation and Correction has allegedly scrutinized its procedural policies and implemented a new "Incident Command System," which sounds like an initiative for ORDC Director Gary Mohr to more closely micromanage the processes during state executions.
"This court is therefore willing to trust Ohio just enough to permit the scheduled execution," Frost wrote regarding his rejection of Wiles' stay of execution. "The court reaches this conclusion with some trepidation given Ohio's history of telling this court what (they) think they need to say in order to conduct executions and then not following through on promised reforms." To date, Ohio has executed 386 convicted murderers. Click here for a schedule of upcoming executions in Ohio.
In January, Frost halted the Ohio execution of condemned murderer Charles Lorraine in light of several slip-ups by the state in following its own execution protocol. On Feb. 8, the U.S. Supreme Court upheld Frost’s decision, ruling that the number of documented failures to follow procedure were enough to place an official moratorium on executions.
The failures to follow protocol were reportedly mostly minor paperwork technicalities, including not properly documenting that an inmate’s medical files were reviewed and switching the official whose job it was to announce the start and finish times of the lethal injection.
The state argued that the errors were minor, and didn’t legitimately affect the state’s ability to carry out humane executions. Frost, however, expressed frustration at the state’s failure to follow codes it had set itself. "Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," Frost wrote in his January ruling.
Frost's ruling means that the state will move forward with the April 18 execution of Mark Wiles, who was found guilty for stabbing a 15-year-old boy to death in1985. Frost recently denied Wiles' request for a stay of execution. Although his ruling sided with the state, Frost seemed somewhat wary of the state's promises to reform.
Since the moratorium, the Ohio Department of Rehabilitation and Correction has allegedly scrutinized its procedural policies and implemented a new "Incident Command System," which sounds like an initiative for ORDC Director Gary Mohr to more closely micromanage the processes during state executions.
"This court is therefore willing to trust Ohio just enough to permit the scheduled execution," Frost wrote regarding his rejection of Wiles' stay of execution. "The court reaches this conclusion with some trepidation given Ohio's history of telling this court what (they) think they need to say in order to conduct executions and then not following through on promised reforms." To date, Ohio has executed 386 convicted murderers. Click here for a schedule of upcoming executions in Ohio.
by Kevin Osborne
02.21.2012
Posted In: Business, Courts, Neighborhoods, Development, 2012 Election, Republicans at 09:25 AM | Permalink | Comments (4)
Morning News and Stuff
If you've ever felt like your car was held hostage by a towing company wanting an exorbitant fee before it would release your vehicle, this will sound like sweet justice. The city of Cincinnati's prosecutor has begun a criminal investigation of Kenwood Towing, based on allegations of overcharging. The firm, which has locations in Northside and South Cumminsville, also has been indefinitely suspended from its city contracts pending the investigation's outcome. Ohio law limits how much towing companies can charge, but residents have complained that Kenwood routinely violates the law, in some cases charging 400 percent more than is allowed.
Leasing issues with some current tenants at Corryville Plaza could delay parts of a major redevelopment project near the University of Cincinnati. The $78 million first phase of U Square @ The Loop is underway, with construction of shops and apartments along William Howard Taft Road. But plans to demolish and revamp the plaza where a Kroger grocery store and a Walgreen's pharmacy are located might be postponed. That's because three tenants — a chiropractic center, furniture store and clothing retailer – remain under lease under 2015. Developers are negotiating for their earlier departure.
The recent, unexpected death of Hamilton County Coroner Anaht Bhati means local Democratic officials have until Thursday to find a replacement candidate to put on the November ballot. Besides investigating suspicious deaths, the coroner can act as a de facto commissioner if two of the three Hamilton County commissioners are unavailable to conduct business for some reason.
Ongoing construction at the Horseshoe Casino on downtown's eastern edge will cause some detours for motorists. Beginning today, the work will close Eggleston Avenue between Central Avenue and East Court Street for about four months.
In news elsewhere, the super PAC supporting Mitt Romney’s presidential campaign raised $6.6 million last month and spent $13.9 million, according to a report filed Monday with the Federal Election Commission. Politico reports the paperwork reveals 25 six-figure donations, many from repeat donors, which accounted for $4.9 million of Restore Our Future’s January haul. Money might not buy love, but it can give new life to a lackluster candidate.
More than 2,000 angry Afghans gathered outside a US military base to protest the allegedly inadvertent burning of Korans and other Islamic religious materials. The items are thought to have been burned as part of routine disposal of garbage at Bagram Air Field. (Yep, we're winning hearts and minds over there, don'tcha know.)
DSK is in trouble yet again. Dominique Strauss-Kahn, the former head of the International Monetary Fund, is being detained for questioning by French police investigating a prostitution ring. Strauss-Kahn, once a front-runner for the French presidency, was charged last year in New York with the attempted rape of a hotel maid. Prosecutors later dropped the case, stating it would be difficult to win a conviction.
Government officials are offering a reward of nearly $1 million for the capture of 30 inmates who broke out of a prison in Mexico on Sunday. The governor said the inmates staged a riot, during which 44 people died, to create a diversion for their escape. The fugitives are gang members involved in the Mexican drug trade, he added.
Leasing issues with some current tenants at Corryville Plaza could delay parts of a major redevelopment project near the University of Cincinnati. The $78 million first phase of U Square @ The Loop is underway, with construction of shops and apartments along William Howard Taft Road. But plans to demolish and revamp the plaza where a Kroger grocery store and a Walgreen's pharmacy are located might be postponed. That's because three tenants — a chiropractic center, furniture store and clothing retailer – remain under lease under 2015. Developers are negotiating for their earlier departure.
The recent, unexpected death of Hamilton County Coroner Anaht Bhati means local Democratic officials have until Thursday to find a replacement candidate to put on the November ballot. Besides investigating suspicious deaths, the coroner can act as a de facto commissioner if two of the three Hamilton County commissioners are unavailable to conduct business for some reason.
Ongoing construction at the Horseshoe Casino on downtown's eastern edge will cause some detours for motorists. Beginning today, the work will close Eggleston Avenue between Central Avenue and East Court Street for about four months.
In news elsewhere, the super PAC supporting Mitt Romney’s presidential campaign raised $6.6 million last month and spent $13.9 million, according to a report filed Monday with the Federal Election Commission. Politico reports the paperwork reveals 25 six-figure donations, many from repeat donors, which accounted for $4.9 million of Restore Our Future’s January haul. Money might not buy love, but it can give new life to a lackluster candidate.
More than 2,000 angry Afghans gathered outside a US military base to protest the allegedly inadvertent burning of Korans and other Islamic religious materials. The items are thought to have been burned as part of routine disposal of garbage at Bagram Air Field. (Yep, we're winning hearts and minds over there, don'tcha know.)
DSK is in trouble yet again. Dominique Strauss-Kahn, the former head of the International Monetary Fund, is being detained for questioning by French police investigating a prostitution ring. Strauss-Kahn, once a front-runner for the French presidency, was charged last year in New York with the attempted rape of a hotel maid. Prosecutors later dropped the case, stating it would be difficult to win a conviction.
Government officials are offering a reward of nearly $1 million for the capture of 30 inmates who broke out of a prison in Mexico on Sunday. The governor said the inmates staged a riot, during which 44 people died, to create a diversion for their escape. The fugitives are gang members involved in the Mexican drug trade, he added.
by Kevin Osborne
03.14.2012
Posted In: City Council, Business, Courts, 2012 Election, Republicans at 08:32 AM | Permalink | Comments (0)
Morning News and Stuff
A recent vote by Cincinnati City Council to give nearly $1 million in grants and loans so a Hamilton restaurant could open a second location in The Banks district is again coming under scrutiny. Council's vote occurred after a week’s delay when members learned owner Liz Rogers owed more than $49,000 in back taxes to the federal government. As it turns out, Rogers turned herself in at the Butler County Sheriff's Office Tuesday on a warrant related to another debt. The warrant was issued after Rogers failed to appear at a December 2010 hearing on a $3,000 debt she owes to Queen City Computer Press of Blue Ash. Rogers was released on a $3,100 bond posted by her husband.
Although some City Council members expressed misgivings after the latest turn of events, Rogers told WCPO-TV (Channel 9) that City Manager Milton Dohoney Jr. knew about all her outstanding debts before he recommended that she get city funding.
Meanwhile, Rogers' legal troubles are adding to the embarrassment over a recent feature in The Enquirer. When the newspaper published a high-profile, above-the-fold list of the “20 Professional Women to Watch in 2012” on Feb. 12, it was criticized in journalism circles for including its own editor, Carolyn Washburn, among the honorees. But the list also included Rogers as a person to keep an eye on. That sounds about right.
The Hamilton County Prosecutor's Office has dropped the case against a woman charged with disorderly conduct and resisting arrest after viewing video from the dashboard camera of the Addyston police officer who stopped her vehicle. The video shows Officer Jeremie Keene pulling Tiffany Becker from her vehicle, pushing her to the ground and cuffing her on Feb. 10, after her van allegedly failed to come to a complete stop at an intersection. Keene's police report said Becker spat at him and refused to leave her vehicle, but the video footage tells a different story.
The Kroger Co. has hired Suzanne Lindsay as its director of sustainability, a new position responsible for reducing the firm's energy consumption and waste, and increasing its transportation efficiency. Lindsay previously held a similar position at PetSmart. Cincinnati-based Kroger is the nation’s largest grocery retailer with more than 2,400 stores in 31 states.
In news elsewhere, Tuesday night likely will be remembered as the beginning of the end for Newt Gingrich's presidential aspirations. Although the ex-House Speaker placed second in primaries in Alabama and Mississippi, outright victories in the two southern states near his native Georgia were considered crucial to proving the viability of his campaign.
Despite pouring massive amounts of cash into campaigning in the two states, Mitt Romney placed third in both primaries. Rick Santorum won both contests. He got 34.5 percent of the vote in Alabama, compared to Gingrich's 29.3 percent and Romney's 29 percent. In Mississippi, Santorum got 32.9 percent, compared to Gingrich's 31.3 percent and Romney's 30.3 percent.
An advocacy group that helps victims of pedophile priests said attorneys from the Roman Catholic Church are using legal tactics to harass it into silence. The Survivors Network of those Abused by Priests (SNAP) isn't a plaintiff or a defendant in the pending cases against priests, but it has been subpoenaed five times in recent months in Kansas City and St. Louis. Also, SNAP's national director, David Clohessy, was questioned by a battery of church attorneys for more than six hours in one case.
Former Vice President Dick Cheney has cancelled a planned April trip to Toronto, stating that conditions in Canada are too dangerous. Cheney had planned on giving a speech about his time in office, but had second thoughts after a September incident in Vancouver. While speaking at a private club, protesters massed outside the front door and harassed ticket holders. Cheney reportedly was held inside the building for more than seven hours as police in riot gear dispersed the demonstrators. Maybe Dick should plan a trip to Baghdad instead?
A new medical study indicates the eyes and brains of astronauts who have spent long periods of time in orbit can develop abnormalities. Magnetic resonance imaging on 27 astronauts found effects similar to those of intracranial hypertension, which results in a build up of pressure within the skull, researchers said. I guess that explains why Capt. Kirk was always such a loose cannon.
Although some City Council members expressed misgivings after the latest turn of events, Rogers told WCPO-TV (Channel 9) that City Manager Milton Dohoney Jr. knew about all her outstanding debts before he recommended that she get city funding.
Meanwhile, Rogers' legal troubles are adding to the embarrassment over a recent feature in The Enquirer. When the newspaper published a high-profile, above-the-fold list of the “20 Professional Women to Watch in 2012” on Feb. 12, it was criticized in journalism circles for including its own editor, Carolyn Washburn, among the honorees. But the list also included Rogers as a person to keep an eye on. That sounds about right.
The Hamilton County Prosecutor's Office has dropped the case against a woman charged with disorderly conduct and resisting arrest after viewing video from the dashboard camera of the Addyston police officer who stopped her vehicle. The video shows Officer Jeremie Keene pulling Tiffany Becker from her vehicle, pushing her to the ground and cuffing her on Feb. 10, after her van allegedly failed to come to a complete stop at an intersection. Keene's police report said Becker spat at him and refused to leave her vehicle, but the video footage tells a different story.
The Kroger Co. has hired Suzanne Lindsay as its director of sustainability, a new position responsible for reducing the firm's energy consumption and waste, and increasing its transportation efficiency. Lindsay previously held a similar position at PetSmart. Cincinnati-based Kroger is the nation’s largest grocery retailer with more than 2,400 stores in 31 states.
In news elsewhere, Tuesday night likely will be remembered as the beginning of the end for Newt Gingrich's presidential aspirations. Although the ex-House Speaker placed second in primaries in Alabama and Mississippi, outright victories in the two southern states near his native Georgia were considered crucial to proving the viability of his campaign.
Despite pouring massive amounts of cash into campaigning in the two states, Mitt Romney placed third in both primaries. Rick Santorum won both contests. He got 34.5 percent of the vote in Alabama, compared to Gingrich's 29.3 percent and Romney's 29 percent. In Mississippi, Santorum got 32.9 percent, compared to Gingrich's 31.3 percent and Romney's 30.3 percent.
An advocacy group that helps victims of pedophile priests said attorneys from the Roman Catholic Church are using legal tactics to harass it into silence. The Survivors Network of those Abused by Priests (SNAP) isn't a plaintiff or a defendant in the pending cases against priests, but it has been subpoenaed five times in recent months in Kansas City and St. Louis. Also, SNAP's national director, David Clohessy, was questioned by a battery of church attorneys for more than six hours in one case.
Former Vice President Dick Cheney has cancelled a planned April trip to Toronto, stating that conditions in Canada are too dangerous. Cheney had planned on giving a speech about his time in office, but had second thoughts after a September incident in Vancouver. While speaking at a private club, protesters massed outside the front door and harassed ticket holders. Cheney reportedly was held inside the building for more than seven hours as police in riot gear dispersed the demonstrators. Maybe Dick should plan a trip to Baghdad instead?
A new medical study indicates the eyes and brains of astronauts who have spent long periods of time in orbit can develop abnormalities. Magnetic resonance imaging on 27 astronauts found effects similar to those of intracranial hypertension, which results in a build up of pressure within the skull, researchers said. I guess that explains why Capt. Kirk was always such a loose cannon.
by German Lopez
10.30.2012
Anna Louise Inn, W&S Meet in Appeals Court
Court likely to rule in 30-45 days
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.”
by
01.22.2010
We're on Team Levi
The personal travails of Sarah Palin’s family life normally wouldn’t be newsworthy if it weren’t for Palin’s sanctimonious public statements and campaigning on issues like teen sex, abortion and so-called “family values.” With that in mind, watching the protracted custody battle between Palin’s daughter, Bristol, and ex-boyfriend Levi Johnston over their daughter holds the same bizarre fascination as driving by a car accident on the highway.
by Kevin Osborne
04.13.2012
Posted In: Police, Courts, State Legislature, LGBT Issues, Foreign Relations at 08:01 AM | Permalink | Comments (1)
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.)
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 German Lopez
08.03.2012
Gannett Weekly Found Guilty of Defamation
Judge orders $100,000 in damages for newspaper’s defaming of police officer
A federal judge announced Wednesday that the Milford-Miami Advertiser, a Gannett-owned suburban weekly newspaper, was guilty of defaming police officer James Young.
Judge Michael Barrett affirmed the jury’s award for $100,000 in damages.
In an article published on May 27, 2010, the Milford-Miami Advertiser wrote that “Young had sex with a woman while on the job.” The accusation was found to be incorrect.
According to court documents, Young was initially fired from his job in 1997 after an internal investigation found semen in Marcey Phillips’s home after Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. But a DNA investigation found that the semen found in Phillips’s home did not belong to Young, and Young was eventually given his job back.
The court documents say the Milford-Miami Advertiser article was written by Theresa Herron, the newspaper’s editor, but online archives of the article “Cop’s suspension called best move for city” say the article was written by Kellie Geist. Update: Herron wrote the section of the article that went to trial, while Geist wrote the rest.
Young testified that Herron never attempted to contact him before publishing the article, according to court documents. Herron testified that she did not fully read the documents for Young’s case, but she said she knew about the DNA testing and did not think it was important to the story.
When contacted by CityBeat, Herron said she did not feel comfortable discussing the case. The story was first reported by Courthouse News Service.
Gannett also owns the Cincinnati Enquirer. The Milford-Miami Advertiser covers community news in Miami Township and Milford, and it is part of the Cincinnati.com network.
Judge Michael Barrett affirmed the jury’s award for $100,000 in damages.
In an article published on May 27, 2010, the Milford-Miami Advertiser wrote that “Young had sex with a woman while on the job.” The accusation was found to be incorrect.
According to court documents, Young was initially fired from his job in 1997 after an internal investigation found semen in Marcey Phillips’s home after Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. But a DNA investigation found that the semen found in Phillips’s home did not belong to Young, and Young was eventually given his job back.
The court documents say the Milford-Miami Advertiser article was written by Theresa Herron, the newspaper’s editor, but online archives of the article “Cop’s suspension called best move for city” say the article was written by Kellie Geist. Update: Herron wrote the section of the article that went to trial, while Geist wrote the rest.
Young testified that Herron never attempted to contact him before publishing the article, according to court documents. Herron testified that she did not fully read the documents for Young’s case, but she said she knew about the DNA testing and did not think it was important to the story.
When contacted by CityBeat, Herron said she did not feel comfortable discussing the case. The story was first reported by Courthouse News Service.
Gannett also owns the Cincinnati Enquirer. The Milford-Miami Advertiser covers community news in Miami Township and Milford, and it is part of the Cincinnati.com network.
by German Lopez
01.24.2013
118 days ago
City Negotiating Settlement Over Pension-Funding Lawsuit
April deadline to settle with AFSCME over accusations of underfunding
The city of Cincinnati and a union representing city workers are currently negotiating an out-of-court settlement for a lawsuit involving the city's pension program.
The American Federation of State, County and Municipal Employees (AFSCME) claimed in a 2011 lawsuit that the city government isn’t meeting funding requirements. A Hamilton County Court of Common Pleas motion filed Jan. 4 and accepted Jan. 23 gives the city and AFSCME until April to settle the case out of court.
By law, Cincinnati is required to heed to the Cincinnati Retirement System (CRS) Board of Trustees when setting the percent of payroll the city must contribute to retirees. But the AFSCME lawsuit argues the city hasn’t been making contributions dictated by the board.
The lawsuit, which dates back to June 2011, cites minutes from a CRS Board of Trustees meeting on July 20, 2010 to show the board accepted a report from Cavanaugh Macdonald Consulting, LLC. The report asked the city to contribute 46.22 percent of payroll to retiree benefits — 12.32 percent to retiree health benefits and 33.9 percent to other CRS benefits — during the 2011 fiscal year.
Instead, the city biennial budget for 2011 and 2012 established a contribution rate of 17 percent — way below the recommended sum.
The AFSCME lawsuit alleges the low contributions reflect a
“longstanding pattern” from city government. It points to a 2002
report from the CRS Board of Trustees that found the city was not meeting requirements set by the board then, either.
The lawsuit asks for a court mandate requiring city government to find out how much it needs to contribute, establish a mechanism for collecting the amounts required and appropriate and contribute the required amounts.
City Solicitor John Curp says the debate is between long-term and short-term interests. On AFSCME’s side, the union wants to get as much from payroll contributions as possible for represented retirees, even if it means a short-term economic and budget shock for the city. On the city’s side, City Council is more interested in meeting long-term requirements for the pension fund, instead of keeping up with shifting annual numbers that could negatively impact the city economy and budget.
City government’s approach attempts to balance short-term and long-term needs with a long-term goal. It means the city pension is underfunded during some years, particularly when the economy is in a bad state. But it keeps rates steady, letting the city avoid sudden funding changes that would require spending cuts or tax hikes to keep the budget balanced.
By adopting a large short-term contribution rate, the city would likely hurt its budget in ways that would negatively affect city employees represented by AFSCME. If the city was forced to contribute 46.22 percent of payroll to CRS — up from 17 percent — it would probably be forced to cut spending elsewhere, which would lead to layoffs.
This story was updated on Jan. 25 at 12:40 p.m. to reflect comments from City Solicitor John Curp.
