A rally will be held at Fountain Square today to commemorate the shooting death of Florida teenager Trayvon Martin and to demand a thorough investigation of the incident.
The event begins at 5 p.m. and attendees are asked to bring signs that aren’t posted on sticks, to comply with a local law, and also to wear hooded jackets. Martin, 17, was wearing a “hoodie” when George Zimmerman allegedly killed him Feb. 26 in Sanford, Fla.
Rallies have been held across the nation during the past week to protest the handling of Martin’s case. Many of the participants have worn hoodies in a show of solidarity with the slain teenager, often carrying signs that state, “I am Trayvon Martin.”
Cincinnati Mayor Mark Mallory posted a similar photograph on his Facebook page over the weekend. It’s unclear if Mallory plans to attend today’s rally.
Among the groups organizing the rally are Occupy The Hood and the Intercommunity Justice and Peace Center.
Zimmerman, 28, who says he belongs to a neighborhood watch program in his gated community, began following Martin at about 7 p.m. for what he described in a 911 call as “suspicious behavior.” Martin was walking back to his father’s condominium after buying iced tea for himself and Skittles for his soon-to-be stepbrother.
"This guy looks like he's up to no good, on drugs or something," Zimmerman told a 911 dispatcher.
Some sort of encounter occurred that resulted in Martin’s death. Sanford Police didn’t arrest Zimmerman, saying that it appeared he acted in self-defense.
Sanford Police accepted Zimmerman’s version of events at face value. “Until we can establish probable cause to dispute that, we don't have the grounds to arrest him,” Sanford Police Chief Billy Lee told ABC News earlier this month.
After the incident became publicized through Facebook, Twitter and other social media, public outcry grew. More than 2 million people have signed an online petition demanding justice, and the FBI and the U.S. Justice Department have launched investigations.
Nearly two years after she filed the lawsuit, a congresswoman who lost in the March primary election has dropped her legal action against a political opponent.
A spokesman for U.S. Rep. Jean Schmidt (R-Miami Township) told The Enquirer today that she decided to drop her defamation lawsuit against Madeira businessman David Krikorian. Schmidt filed the suit in June 2010, and had sought $6.8 million in damages.
Krikorian is claiming victory in the dispute, and told CityBeat the lawsuit was an intimidation tactic by well-funded special interests.
“Her lawsuit was entirely without merit,” Krikorian said. “It was meant to silence and intimidate me and cost me money. It did not work.”
Krikorian ran as an independent against Schmidt in 2008; he unsuccessfully ran in the Democratic primary for the same seat in 2010 and again this year.
During the ‘08 campaign, Krikorian distributed a pamphlet alleging Schmidt had received “blood money” from the Turkish government in return for her opposition to a congressional resolution that declared Turkey had committed genocide against Armenia during a 1915 conflict.
But the lawsuit proved to be Schmidt’s undoing. She received more than $400,000 in free legal assistance from the Turkish Coalition of America to support her suit. In August 2011 the House Ethics Committee ruled that Schmidt received an “impermissible gift” but didn’t “knowingly” violate the law. She was ordered to repay the coalition, which she has yet to do.
Shortly thereafter, Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan watchdog group, dubbed Schmidt as one of the most corrupt members of Congress.
All of the drama took its toll: Schmidt lost the GOP primary earlier this month to challenger Brad Wenstrup. He defeated her 49-43 percent.
“It’s time to move on,” Barrett Brunsman, Schmidt’s spokesman, told The Enquirer today about dropping the lawsuit.
The Turkish Coalition of America was among Schmidt’s top contributors, donating $7,500 to her 2010 reelection campaign through its political action committee, and donating $7,600 to her in 2008.
Schmidt also traveled to Turkey at least twice while in office. The coalition picked up the tab for one of the trips.
Politico reported March 12 that Schmidt was in Washington, D.C., on Election Day, March 6, at a private luncheon with Turkish Ambassador Namik Tan.
“At times, Rep. Jean Schmidt has been closer to Turkish interests than those of her Cincinnati-area constituents,” Politico’s Jonathan Allen wrote. “Never was that proximity problem more telling than on Tuesday, when Republicans denied Schmidt renomination to run for another term.”
When Allen sought comment for the article, Brunsman refused to confirm if the meeting occurred and sent an email that stated, “I think you have lost your way.”
For his part, Krikorian said the experience has taught him that Ohio needs to pass legislation that penalizes lawsuits filed solely to silence critics by burdening them with the cost of a legal defense until they abandon their opposition. Such a tactic is known as a “strategic lawsuit against public participation,” or SLAPP.
“I think the Ohio Legislature should consider passing an anti-SLAPP statue to prevent these kinds of abuses of the legal process,” he said. “This lawsuit was an attempt to intimidate and silence me by Rep. Schmidt and the Turkish lobby.”
Krikorian apparently lost in the March 6 Democratic primary by just 59 votes to William R. Smith, a virtual unknown from Pike County who didn’t campaign, answer questionnaires or grant interviews. A recount is under way and Krikorian has asked for a federal investigation of Victory Ohio Super PAC, which made robo-calls on Smith’s behalf but isn’t registered with the Federal Election Commission.
Krikorian picked up 14 more votes in Hamilton County on provisional ballots once the results were certified. Meanwhile, Clermont County certifies its results on Tuesday.
A review of the fine print in Ohio law could spell trouble for Duke Energy in its dispute with Cincinnati about who must pay to move utility lines to accommodate the city’s streetcar project.
Readers of CityBeat’s March 6 cover story know that one of the legal arguments made by Duke Energy is that it said the system qualifies as a utility itself under Ohio law. And one utility has no legal obligation to reimburse another utility, Duke added.
City officials disagree with Duke’s interpretation, and the two sides currently are trying to negotiate a compromise to the impasse.
The city is willing to pay $6 million to relocate Duke’s natural gas, chilled water, fiber and electrical infrastructure along the streetcar route, but the firm insists it will cost at least $18.7 million and possibly more.
A close reading of the Ohio Revised Code (ORC), however, reveals it is unlikely that a streetcar system qualifies as a “public utility.”
Under Ohio law, the following items are defined as public utilities:
“A motor transportation company, when engaged in the business of carrying and transporting persons or property or the business of providing or furnishing such transportation service, for hire, in or by motor-propelled vehicles of any kind, including trailers, for the public in general, over any public street, road, or highway in this state.” ORC §4905.03
But motor-propelled vehicles aren’t defined under Ohio law. The ORC does, however, define “motor vehicle” as:
“(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other
than muscular power or power collected from overhead electric trolley wires.
“Motor vehicle” does not include utility vehicles as defined in division (VV)
of this section, motorized bicycles, road rollers, traction engines, power
shovels, power cranes, and other equipment used in construction work and not
designed for or employed in general highway transportation, well-drilling
machinery, ditch-digging machinery, farm machinery, and trailers that are
designed and used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a public road
or highway for a distance of no more than ten miles and at a speed of
twenty-five miles per hour or less.” ORC
“(B) “Motor vehicle” means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. “Motor vehicle” does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.” ORC §4501.01(B)
Streetcars operate using overhead trolley wires, thus they aren’t considered motor vehicles under Ohio law. But do they even qualify as vehicles? The ORC defines vehicles as:
“(A) “Vehicles” means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.” ORC §4501.01(A)
Of course, streetcars run on rails and use power from electric
trolley wires. So, they aren’t vehicles either. The conclusion: Either “motor-propelled vehicles” mean the same as “motor
vehicles” (in which case it doesn’t apply to streetcars) or “motor-propelled”
is an adjective to “vehicle” (which also doesn’t apply, as streetcars aren’t
vehicles). In each instance, a streetcar system doesn’t fall into the legal realm of a “motor transportation company” and therefore isn’t a “public utility.”
Of course, streetcars run on rails and use power from electric trolley wires. So, they aren’t vehicles either.
The conclusion: Either “motor-propelled vehicles” mean the same as “motor vehicles” (in which case it doesn’t apply to streetcars) or “motor-propelled” is an adjective to “vehicle” (which also doesn’t apply, as streetcars aren’t vehicles).
In each instance, a streetcar system doesn’t fall into the legal realm of a “motor transportation company” and therefore isn’t a “public utility.”
A judicial conduct panel ruled this week that the primary election opponent of a local Municipal Court judge knowingly misrepresented himself in campaign materials.
The panel decided that retired appellate court judge William O’Neill from Cleveland left the impression that he is a current judge in a two-sided campaign card he distributed. In fact, O’Neill now works as an emergency room nurse at a hospital.
O’Neill and Hamilton County Municipal Court Judge Fanon Rucker are vying to be the Democratic Party’s nominee for the Ohio Supreme Court.
Whoever wins the March 6 primary election will face off against incumbent Justice Robert Cupp, a Republican, in the November general election.
The three-judge panel upheld the complaint filed by Richard Dove, secretary of the Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline. The panel said O’Neill’s campaign card refers to him nine times as “judge,’’ while describing him as “former court of appeals judge’’ once.
“The fact that he is known as judge because of his tenure on the 11th District Court of Appeals and that as a retired judge he is known as a judge, he nevertheless as a judicial candidate is prohibited from using the term ‘judge’ before his name in campaign materials since he does not currently hold that office,’’ wrote Guernsey County Common Pleas Judge David Ellwood, who chaired the three-judge panel.
The panel recommended no discipline for O’Neill other than he stop distributing the card. A 5th District Court of Appeals judge must appoint a panel of five fellow appellate judges within the next week to consider the lower panel’s recommendations and make a final decision.
Rucker is the Ohio Democratic Party’s endorsed candidate, but O’Neil has twice before — in different races — had party leaders rescind an endorsement and give it to him.
O’Neill has run twice for the state Supreme Court — in 2004 and 2006 — and then Congress in 2008 and 2010. Although he has won in the primaries, O’Neill has lost in the general elections.
Local Democratic Party leaders are criticizing O’Neill, stating he is moving too slowly to remove misleading material from his campaign website.
“While Mr. O’Neill promised Monday to make the required corrections, as of this writing on Wednesday, Feb. 29, his website remains unchanged,” Hamilton County Democratic Party Chairman Tim Burke wrote in a statement issued Wednesday night.
“This is not the kind of conduct we as Democrats should condone by any of our candidates, especially candidates running for a seat on the highest court of our state,” Burke added. “Ohioans deserve a Supreme Court candidate who not only understands the law, but respects it as well.”
For more on the O’Neill/Rucker race, see this week’s issue of CityBeat.
For the second time in three years, a Catholic priest has been pulled from parish duties from out of state and returned to Greater Cincinnati following allegations of sexual abuse.
The Rev. Robert F. Poandl was relieved of his ministry assignment as pastor of Glenmary missions in Georgia earlier this month and ordered to return to the Glenmary Home Missioners residence in Fairfield.
The action was taken after the Rev. Chet Artysiewicz, Glenmary president, was informed of an allegation of sexual misconduct involving a minor against Poandl. The abuse allegedly occurred about 30 years ago. Poandl, who is 70, has denied the allegation but isn’t allowed to publicly function as a Catholic priest during the investigation process, Artysiewicz said.
Artysiewicz is Poandl’s direct supervisor.
Police have been notified of the anonymous allegation, as have bishops in the dioceses affected by the investigation, including the Diocese of Savannah where Poandl was serving. The chairperson of the Glenmary Review Board was notified on Feb. 11, and an internal investigation was launched to determine the allegation’s credibility.
"I am committed to maintaining accountability and transparency as this investigative process unfolds," Artysiewicz said in a prepared statement. "Father Poandl and I have both pledged our full cooperation in this investigation, and I will do whatever I can to meet the pastoral needs of all those involved."
In August 2010, just days before his trial on molestation charges in West Virginia was set to begin, all charges against Poandl were dropped. Poandl allegedly abused a boy on a trip there in 1991, when the complainant was just 10 years old. The case was dropped due to unspecified issues during the discovery process related to the boy's medical records.
The turn of events prompted the Survivors Network of those Abused by Priests (SNAP) to write to 11 bishops in dioceses where Poandl worked, asking them to use their resources to contact others who might have been sexually abused by him, but only one in Texas replied.
Besides Cincinnati, Poandl worked in Kentucky (Franklin), Louisiana (New Orleans), Pennsylvania (Mifflintown and Doylesburg), Mississippi (Aberdeen), Oklahoma (Hugo), Texas (Pittsburgh and Mount Vernon), and most recently in Georgia (Claxton, Pembroke, Sandhill, Blairsville and Dahlonega).
He is originally from Metuchen, N.J., and studied in Ohio, Indiana and Mexico.
After the most recent allegation, SNAP has urged Artysiewicz to put Poandl in a secure treatment center away from children and pro-actively seek out others who may have seen, suspected or suffered from his alleged crimes.
In other news of possible priestly misconduct, jury selection continued today in a Philadelphia case involving two priests charged with rape and a monsignor charged with protecting them.
Monsignor William Lynn lost a bid to have his case thrown out based on new evidence found in a 10th-floor safe at the Archdiocese of Philadelphia. A memo turned over by the archdiocese this month states the late Cardinal Anthony Bevilacqua ordered his top aides to shred a list of 35 accused priests still in ministry in 1994 — a decade before the child abuse scandal became widely publicized.
Lynn said he prepared the list and gave it to Bevilacqua after he became secretary for clergy in 1992 and started reviewing secret archives of priest abuse complaints. The complaints were kept in a secure room, rigged with an alarm, at the archdiocese's downtown headquarters.
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."
The Ohio Supreme Court on Thursday expedited the 1851 Center for Constitutional Law’s challenge against the federally funded Medicaid expansion, which Republican Gov. John Kasich pushed through the Controlling Board, a seven-member legislative panel, despite resistance from the Ohio legislature.
The case will decide whether Kasich was constitutionally allowed to bypass the legislature to expand Medicaid eligibility to more low-income Ohioans. The 1851 Center says the Controlling Board isn’t allowed to go against the will of the legislature. The Kasich administration argues the Controlling Board can unilaterally accept federal funds.
With the case now expedited, both sides will submit their arguments on the merits of the case to the state’s highest court by Dec. 1.
Kasich tried for most of 2013 to get the expansion approved by the Ohio House and Senate, but he couldn’t convince Republican legislators, who control both chambers, to approve the plan.
But instead of accepting defeat, Kasich asked the Controlling Board to take up federal funds for the expansion. The board approved the funds on Oct. 21.
The legal complaint was filed on Oct. 22 on behalf of Republican State Reps. Matt Lynch, Ron Young, Andy Thompson, Ron Maag, John Becker and Ron Hood, Cleveland Right to Life and Right to Life of Greater Cincinnati.
Kasich, in a rare alliance with Democrats, says the Medicaid expansion is necessary to insure more low-income Ohioans and obtain federal Obamacare dollars that would go to other states if Ohio declined the expansion.
But Republican legislators say they’re concerned about the government’s involvement in the health care system and whether the federal government can afford to pay for the Medicaid expansion.
Under Obamacare, states are asked to expand Medicaid eligibility to reach anyone up to 138 percent of the federal poverty level, or individuals with an annual income of $15,856.20 or less. If states accept, the federal government will pay for the entire expansion through fiscal year 2016 then gradually phase down its payments to 90 percent of the expansion. In comparison, the Kaiser Family Foundation found the federal government paid for nearly 64 percent of Ohio’s Medicaid program in fiscal year 2013.
The expansion would fill a so-called “coverage gap” under Obamacare and Ohio law. Without it, parents with incomes between 90 percent and 100 percent of the federal poverty level and childless adults with incomes below 100 percent of the federal poverty level won’t qualify for either Obamacare’s tax credits or Medicaid.
The Health Policy Institute of Ohio (HPIO) previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If the expansion is approved beyond that, HPIO says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.
If the Ohio Supreme Court upholds the Controlling Board’s decision, the Medicaid expansion will go into effect in 2014 and cost the federal government nearly $2.6 billion, according to the Ohio Department of Medicaid.
During his final state of the city address yesterday, Mayor Mark Mallory touted Cincinnati’s nationally recognized economic turnaround, which began during his eight years as mayor. He also fought back against the neighborhoods-versus-downtown rhetoric that has permeated on the campaign trail in the past year; he pointed out that throughout his past two terms the city government both invested $529 million in neighborhoods and oversaw the revitalization of downtown and Over-the-Rhine. Looking to the future, Mallory said the city should use its federally mandated overhaul of the sewer system as an opportunity to bring in private investment that could revitalize the West Side and help build a bridge from the West Side to Kentucky, near the airport.
A new report found the Museum Center could wean itself off taxes, but the report says it should first more than triple its endowment and, perhaps by applying for historic tax credits, rebuild its crumbling Union Terminal home. The report comes at the request of county commissioners, who are discussing whether they should allow a property tax levy on the May ballot to help the museum. It finds that if Union Terminal is repaired and restored, the museum could afford to operate without taxpayer help.
If county commissioners agree to make the payment today, Hamilton County could get a 4-percent break on its $920,501 legal bill to Democratic Juvenile Court Judge Tracie Hunter and her legal team. The Hamilton County Board of Elections racked up the bill for the county after the board decided to contest Hunter’s legal challenge to count more than one-third of previously discarded provisional ballots, which were enough to turn the juvenile court election in Hunter’s favor. Hunter’s opponent at the time, Republican John Williams, eventually won a seat on the juvenile court through a different election.
City Council candidates have raised $2 million in the ongoing election cycle.
Ohio Secretary of State Jon Husted says that his office, with the help of county boards of election, has virtually eliminated duplicate voters from the rolls.
Traffic deaths in Ohio could hit a record low in 2013.
Graeter’s plans to open an ice cream parlor in Over-the-Rhine.
Here are seven gorgeous images of space from NASA.
Early voting is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended. If you don’t vote early, you can still vote on Election Day (Nov. 5). Check out CityBeat’s coverage and endorsements for the 2013 election here.
A seven-member legislative board yesterday accepted federal funding made available through Obamacare to expand Ohio’s Medicaid program to cover more low-income Ohioans for the next two years. Gov. John Kasich went through the Controlling Board, an obscure panel that typically handles less contentious budget issues, to get the federally funded Medicaid expansion after months of failing to convince his fellow Republicans to back the policy in the Ohio House and Senate. Most Republican state representatives, including local Reps. Lou Terhar, Louis Blessing and Peter Stautberg, signed a letter in protest of the tactic, and some groups are already discussing lawsuits. The Health Policy Institute of Ohio previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If legislators approve the expansion beyond that, the institute says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.
John Arthur, the Cincinnati man who helped lead a legal battle for same-sex marriage in Ohio, died today at the age of 48. Arthur was diagnosed with amyotrophic lateral sclerosis in 2011, and the fatal neurodegenerative disease pushed Arthur and his partner Jim Obergefell to hasten their battle for LGBT equality and recognition in the eyes of the law. After the couple married in Maryland, they sued the state to recognize their marriage on Arthur’s death certificate — a request granted in July by U.S. District Court Judge Timothy Black, less than one month after the U.S. Supreme Court struck down the federal Defense of Marriage Act, which previously barred same-sex marriages at the federal level.
The 18-month legal battle over the 2010 juvenile court election between Juvenile Court Judge Tracie Hunter and the Hamilton County Board of Elections will cost the county more than $920,000. Hunter, a Democrat, ultimately won the lawsuit and recount. Her 2010 opponent, Republican John Williams, eventually got another seat in the juvenile court through an appointment and subsequent election.
Teen drivers remain one of Ohio’s most at-risk groups for traffic accidents, according to the Ohio State Highway Patrol (OSHP). Between 2010 and 2012, teen drivers were at fault for nearly 101,000 accidents resulting in more than 44,000 injuries and 299 deaths. In total, teens were responsible for roughly 10 percent of fatal crashes. To address the issue, OSHP is advising teen drivers and their parents on safety basics, such as following the speed limit and wearing a seatbelt, and promising to encourage better behavior through enforcement.
Speaking to investors on Friday, Caesar’s Entertainment, the operator of Cincinnati’s Horseshoe Casino, disclosed the details of a federal money-laundering investigation and said it previously withdrew a request for a gaming license in Massachusetts after investigators there questioned past business practices. Ohio officials reportedly told WCPO they’re reviewing the investigations.
In September, Cincinnati year-over-year home sales increased for the 27th consecutive month.
Cincinnati’s Spring Grove Cemetery removed a SpongeBob SquarePants headstone for an Iraq War veteran because officials deemed it inappropriate.
The Cincinnati Reds will replace former manager Dusty Baker with pitching coach Bryan Price, reports The Cincinnati Enquirer.
A new study found no known species matches the expected profile of a shared ancestor for humans and Neanderthals.
Early voting for the 2013 City Council and mayoral elections is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended.
On Oct. 29, local residents will be able to give feedback to Cincinnati officials about the city budget — and also nab some free pizza. The open budgeting event is from 6 p.m. to 8:30 p.m. on Oct. 29 at 1115 Bates Ave., Cincinnati.
Homeless advocates gathered in front of the Hamilton County Courthouse on Wednesday to speak out against the county sheriff’s attempts to evict homeless people sleeping at the courthouse and Hamilton County Justice Center with the threat of jail time.
The press conference came on the same day that four local homeless filed a lawsuit in federal court claiming Hamilton County Sheriff Jim Neil’s new policy is cruel and unusual because it punishes people for being homeless.
Charmaine McGuffey, head of the Hamilton County Justice Department, says the policy is necessary to address a public health issue. She explains that every morning county officials are forced to clean up urine and feces left by the homeless the night before, and often the county doesn’t have the resources to completely disinfect the areas.
Josh Spring, executive director of the Greater Cincinnati Homeless Coalition, says county officials should stop using taxpayer money to address public defecation and focus on the state of the economy. He’s asking locals to tell county officials, “I want my government to invest in jobs and housing, not in pushing people to the margins.”
If the policy remains, Spring says the county could at least compromise and hold enforcement until the winter shelter opens, which would provide another housing opportunity for many of the homeless people who currently rely on county buildings for a safe spot to sleep.
McGuffey says the current timeline for the winter shelter opening — two months — is too much time to wait for what she describes as a public health issue. She says it’s also unclear whether local organizations, which are still gathering funds for the shelter, will have enough money to open it.
At the press conference, Spring was joined by several homeless people who shared their experiences. All the speakers echoed a similar theme: They’re not homeless by choice, and they only sleep on county property because it’s much safer than the alternatives, such as alleys and abandoned buildings.
McGuffey insists no one is trying to demonize homeless people. She says officers try to link homeless people with local human services when possible. Some of that outreach is already underway through trained officers and neighborhood liaisons, and starting next week the county will bring in a trained mental health professional to act as an advocate and outreach coordinator.
But if help can’t be found, McGuffey says officers have to threaten arrest to invoke a “sense of immediacy” or homeless people might never leave the properties and the public health issue would go unaddressed.
So far, the sheriff’s office sees the program as successful. Over the past four weeks, it’s brought down the amount of homeless people camping out at the Hamilton County Courthouse and Justice Center each night from 40 to 12, according to McGuffey. She says the reductions exemplify people who were redirected to human services, but there’s no hard evidence showing those people actually got help or whether the reduction is temporary.
Spring says there aren’t enough human services to get all of the city’s homeless help. That, he claims, is the real problem that needs local officials’ attention.
Over the past decade, City Council fell far short of its funding goal for human services,
which aid homeless and low-income Cincinnatians.
candidates, including Chris Seelbach, Greg Landsman and Mike Moroski,
say increasing human services funding to 1 percent of the operating budget will be a
priority for them over the next few years. The increase would represent an
improvement, but it would still fall short of the city’s 1.5 percent goal.
Meanwhile, Strategies to End Homelessness aims to reduce homelessness in Hamilton County from more than 7,000 to roughly 3,500 over the next five years through an initiative backed by the city and county.
As part of Homelessness Awareness Month, Spring and other
advocates will march in support of homeless causes later this month. The
march will begin at 3 p.m. on Oct. 26 at 1300 Vine St. in Over-the-Rhine.
The Ohio Supreme Court today rejected an appeal for a legal challenge that threatened Cincinnati’s parking plan and the city’s emergency powers.
The lawsuit, which was backed by the conservative Coalition Opposed to Additional Spending and Taxes (COAST), claimed the city could not bypass a referendum on its plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority by invoking an emergency clause.
City Council regularly uses emergency clauses on passed legislation to bypass a 30-day waiting period for implementing laws. The clauses also make legislation immune to a referendum.
COAST, which opposes the city’s parking lease, argued the City Charter doesn’t clearly define emergency clauses to deny a referendum.
Hamilton County Judge Robert Winkler sided with COAST in the first round, but the ruling was appealed and the Hamilton County Court of Appeals ultimately ruled in favor of the city.
With the Supreme Court’s refusal to hear an appeal, the appeal court’s ruling stands.
City Solicitor John Curp applauded the decision in an email to various media outlets.
“I believe that politics belong in the legislative branch of government and not in our courts. This decision reaffirms that politics should stay on the Council floor and short-term political interests not be dragged through the judiciary where the consequences can have a long-standing impact on the public safety and economic interests of the City,” Curp wrote. “Consistency in interpreting long-standing legal rules is important in promoting a vibrant business climate in the City. The Courts have reaffirmed that the City of Cincinnati is free to operate at the speed of business.”
COAST is now trying another legal challenge against the city’s parking lease. This time, the conservative group is claiming that the city manager made “significant and material” changes to the lease without City Council approval.
Curp declined to take up the second legal challenge after concluding that the changes made to the lease were ministerial and a result of delays caused by COAST’s first legal challenge. But by having its proposed challenge denied, COAST gained the legal rights to sue the city over the issue.
Supporters of the parking lease argue the plan is necessary to leverage the city’s parking meters, lots and garages to finance development projects that will grow the city’s tax base.
Opponents claim the lease gives up too much control over the city’s parking assets and will hurt businesses by causing parking rates and enforcement hours to rise.
CityBeat covered the controversy surrounding the parking lease in further detail here.
Former Gov. John Gilligan, a Cincinnati Democrat best known for winning the creation of the state income tax, died at 92 yesterday. Gilligan’s most lasting accomplishment was also what doomed his career; the state income tax was unpopular when it passed, even though it allowed Gilligan to boost funding for education, mental health and law enforcement programs. Gilligan’s political career began in Cincinnati Council. From there, he rose to U.S. representative and then governor.
The American Civil Liberties Union of Ohio yesterday asked Attorney General Mike DeWine to shut down a facial recognition program
used by law enforcement until state officials verify and develop safety
protocols that protect Ohioans’ rights to privacy. DeWine formally
unveiled the program in a press conference yesterday. It allows police
officers and civilian employees to use a photo to search databases for
names and contact information. Previously, law enforcement officials
needed a name or address to search such databases. The program has been
live for more than two months and so far used for 2,677 searches, but until now it was kept hidden from the public and hasn’t
been checked by outside groups for proper safety protocols.
Hamilton County Prosecutor Joe Deters stepped down as Hamilton County Juvenile Court Judge Tracie Hunter’s attorney and called her handling of the court a “judicial circus.” Hunter has been mired in controversy ever since she took the bench: She was found in contempt by a higher court, and she’s been sued multiple times by media, including four times by The Cincinnati Enquirer. Deters, who under state law had to legally represent Hunter, said the legal troubles were too much, but his stepping down also complies with Hunter’s wishes to find her own hand-picked attorney.
The University of Cincinnati is one of the top colleges where students can get the most out of their money, according to PolicyMic. UC performs better than average in the graduation rate, debt at time of graduation, percentage of undergraduate students receiving Pell grants and starting salary after graduation, yet the school manages to stay only slightly above the national average for tuition and board and room costs.
Mayor Mark Mallory previously approved eliminating city parking requirements, which should allow residential development projects to greatly reduce or completely toss out parking space mandates downtown. “The goal of the ordinance is to encourage development in the urban core by permitting developers to determine their own parking needs for downtown developments,” said Councilwoman Yvette Simpson. “I firmly believe that the market will work to meet parking demands better than government minimum parking requirements.”
The tax changes passed in the state budget earlier this year, including an income tax cut and sales tax hike, will go into effect on Sept. 1. The changes have been criticized for favoring the wealthiest Ohioans, as CityBeat covered in further detail here.
Gov. John Kasich approved tax credits that are expected to create more than 591 jobs statewide, with at least 40 of the jobs being created at the Benjamin Steel Company in Cincinnati.
Nearly one in five workers at Ohio casinos has quit or been fired. High turnover isn’t unusual in the casino business, but the numbers give a clearer glimpse at the volatility.
Piloting a military drone can apparently take quite the psychological toll.
Hamilton County Judge Carl Stitch today ruled against granting a temporary restraining order that would prevent the trio that owns and leases the Emery Theatre from evicting the nonprofit seeking to renovate the building.
The ruling comes as a minor victory to the University of Cincinnati, Emery Center Apartments Limited Partnership (ECALP) and the Emery Center Corporation (ECC), the groups that own and lease the Emery Theatre, and a loss to the Requiem Project, the nonprofit formed in 2008 to restore the theater to its former glory.
Still, Stitch cautioned that both sides potentially have a case and the rejection shouldn’t be seen as indicative of who will ultimately win the legal battle.
Given the ruling, both sides agreed to come back to the judge in 30 days with a status report on what their legal intentions are going forward.
Requiem argued that it needs the temporary restraining order to continue with the momentum the organization has built to renovate the theater. The nonprofit says it needs a permanent lease to use and raise funds that would go toward restoring the theater, which is cited as one of the few “acoustically pure” complexes in the nation.
On the other side, the various groups that own and lease the Emery Theatre claimed Requiem has shown little progress in raising funds to renovate the building. They said they would still like to see the theater restored, but not under the management of Requiem.
UC also continued denying any direct involvement in the case, instead arguing that ECALP handles the Emery building in its entirety for the university.
Tina Manchise and Tara Gordon, the two women who founded Requiem, said after the hearing that the three organizations are trying to eschew responsibility by pointing fingers at each other. In particular, they pointed out that UC has consistently claimed a lack of culpability, yet it’s also getting involved by asking the city to take over the building.
Last week, emails revealed that UC is offering to give the Emery Theatre to the city. UC Vice President of Governmental Relations Greg Vehr wrote in a June 21 email to Councilwoman Laure Quinlivan that giving the building away would allow the university to avoid becoming “a lightning rod in the private dispute between (ECC and ECALP) and the Requiem Project.”
If the city takes over the building, the legal dispute would likely become unnecessary and Requiem would probably be allowed to carry on with its plans.
For an in-depth look at the situation and history between Requiem and UC, ECALP and ECC, check out CityBeat’s original coverage here.
The speaker of the Ohio House is asking a local state representative to resign after he was indicted on 16 counts of fraud. State Rep. Peter Beck, a Mason Republican, already faces a maximum of 43 years in prison if he’s convicted on all the counts, but Ohio Attorney General Mike DeWine says the ongoing investigation might produce more charges. The charges are a result of Beck’s alleged actions involving an Ohio software company called Christopher Technologies, which investors claim bilked them out of $200,000.Claiming discrimination, a newlywed same-sex couple is suing the state of Ohio for failing to recognize their marriage. Jim Obergefell and John Arthur were married in Maryland, but the couple lives in Cincinnati, Ohio, where same-sex marriage is banned by the state constitution. The couple’s attorney claims the state should be forced to recognize the marriage because of Fourteenth Amendment protections extended to gay couples by the Supreme Court’s recent ruling on the Defense of Marriage Act (DOMA). Arthur was diagnosed in 2011 with amyotrophic lateral sclerosis (ALS), a neurological disease that causes muscles to rapidly deteriorate, and he’s currently bedridden as a result. Given Arthur’s health, the couple will argue for an expedited ruling at a hearing at 1:30 p.m. today in front of U.S. District Court Judge Timothy Black.
The Buckeye Firearms Association is raising money to buy a gun for George Zimmerman, who was acquitted of second-degree murder in the murder trial of black 17-year-old Trayvon Martin. Zimmerman’s gun is currently being held by the U.S. Department of Justice as it investigates further charges.
Councilman P.G. Sittenfeld and 100 members of the Children’s Defense Fund will meet at Washington Park at 1 p.m. today to rally against gun violence in Cincinnati. The group plans to march to City Hall, where they will listen to students’ suggestions for making the city a safer place to visit and reside.
A state representative introduced a bill that would allow some public university students to forgo traditional tuition and instead pay for their college education through a percent of their income for 24 years after they graduate.
An Ohio health aide is being sent to prison for Medicaid fraud.
Ohio gas prices are down this week.
In a desperate bid to save the endangered Sumatran rhino, the Cincinnati Zoo is attempting to breed a brother and sister.
If you think the recent heat has been bad, Popular Science has a humbling list of the 10 worst places to live in the universe.
In a letter to the city solicitor, a conservative organization is threatening more legal action to stop the city’s plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority. The Coalition Opposed to Additional Spending and Taxes (COAST) claims the city manager exceeded his authority when he made two “significant and material” changes to the lease agreement after City Council approved the deal in March. If the city solicitor doesn’t take up the legal challenge, COAST could sue the city by itself. Supporters of the parking lease argue it’s necessary to fund development projects in the city and modernize the city’s parking services, but opponents say it gives up too much control over the city’s parking meters, lots and garages and will hurt businesses downtown.
The Business Courier reports that a critical parking memo was supposed to provide a “strike point” for negotiations between the Port Authority and Xerox, which will manage the city’s parking meters under a lease agreement. But the city administration didn’t begin sharing the June 20 memo with anyone else, including the Port Authority, until July 12, after council members and media outlets began asking the city administration about it. The memo suggested the city is getting a bad deal from the parking lease agreement and overpaying Xerox. Port and city officials argue the memo relied on outdated information and made technical errors.
Mayor Mark Mallory will today join fellow streetcar supporters at Rhinegeist Brewery to discuss the streetcar project’s latest news and future. The city on July 15 set an opening date of Sept. 15, 2016 after finalizing a construction contract with Messer Construction, Prus Construction and Delta Railroad, which was made possible after City Council closed a $17.4 million budget gap in June. CityBeat recently debunked some of the misrepresentations surrounding the streetcar project here.
Public access media organization Media Bridges is shutting down following city and state funding cuts. The organization’s demise is a great loss to producers like Rufus Johnson, who used its resources for years. The city picked up Media Bridges’ funding after the state eliminated a fund that was provided by Time Warner Cable, but even the local funding was fully cut in the budget passed in May. City officials have justified the cuts by pointing to citizen surveys that ranked Media Bridges poorly in terms of budgetary importance, but a CityBeat analysis found the surveys were skewed against the low-income Cincinnatians that benefit the most from public access programs like Media Bridges.
State Rep. Peter Beck, a Republican from Mason, is facing multiple felony charges related to securities fraud. A lawsuit filed in Hamilton County by investors alleges that money invested at the request of Beck and others was used for personal gain — specifically, Beck’s campaign — instead of a business investment as originally intended. Beck has been in power since 2009, and his current term is set to expire in 2014.
A former poll worker was sentenced to five years for voter fraud after she voted twice for herself and three times for her sister, who’s been in a coma since 2003.
The driver who last August accidentally hit and killed a local cyclist is awaiting his sentence. Local bike advocacy groups are asking courts to give the maximum penalty to the driver, who’s facing at most six months in jail and a $1,000 fine.
The local housing market is rapidly recovering in a continuing good sign for the economy, with single-family home permits up 48 percent in June compared to the year before, according to the Home Builders Association of Greater Cincinnati.
Cincinnati Reds games are No. 3 for local TV ratings in all of Major League Baseball, behind only the Detroit Tigers and St. Louis Cardinals.
Xavier University is laying off 31 employees and cutting 20 currently vacant positions.
A Miami University student is getting an astronaut scholarship, making him one of 28 students nationwide to receive the honor.
Entrepreneur says Cincinnati is an “unexpected hub for tech startups.”
A new self-aiming rifle would outshoot human snipers.
Popular Science has a guide for arguing against anti-vaccine crazies here.