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by 02.17.2010
Posted In: News, Courts, Government at 04:56 PM | Permalink | Comments (2)

COAST Wins in Court

Between tweeting happily about U.S. Rep. John Murtha’s death and gloating over Cincinnati losing out on federal funding for its proposed streetcar project, an anti-tax group has also posted on its blog about something more substantive: A legal victory against an Ohio law it said was unconstitutional.

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by Andy Brownfield 12.26.2012
Posted In: Courts, Governor, News, Police at 03:09 PM | Permalink | Comments (0)
simon leis

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 Kevin Osborne 04.02.2012
Posted In: Courts, City Council, Spending, Neighborhoods, Poverty at 08:19 AM | Permalink | Comments (1)

Morning News and Stuff

The person hired 15 months ago to lead the Hamilton County Public Defender's Office is having extreme conflicts with her staff, according to an assessment done for the commission that oversees the office. Before she was hired here, Shelia Kyle-Reno headed a much smaller public defender's office based in Elizabethtown, Ky. “It is obvious that the Hamilton County Public Defender’s Office is an office characterized by high conflict, mistrust, poor communication and a lack of a shared vision,” the report states. The office provides free legal services for poor people charged with crimes.

Cincinnati City Council's budget and finance committee will hold a public hearing Tuesday evening to get input on what cuts to make to deal with a reduction in federal funding. The city is grappling with a $630,000 drop in grant funding for neighborhood projects and a $300,000 drop in funding for affordable housing. Councilman P.G. Sittenfeld is urging his colleagues to block a plan to spend $4.4 million to renovate City Hall's atrium so it can be rented for special events, and instead spend that money to avoid cuts in the other programs.

A 20-year-old soldier from Kentucky was killed in Afghanistan. The U.S. Defense Department said Army Spc. David W. Taylor, of Dixon, Ky., died on Thursday in Kandahar province. The military didn't say how Taylor died.

Here's some good news for people getting ready to graduate from college. Hiring of college graduates is expected to climb 10.02 percent on campuses in 2012, a increase from the previous estimate of 9.5 percent, according to a survey by the National Association of Colleges and Employers.

A Republican-backed bill that would limit the amount of damages paid to consumers by businesses found to have engaged in deceptive practices is expected to be signed into law by Gov. John Kasich this week. The bill would exempt businesses from paying certain damages if a consumer rejects a settlement offer and is later awarded less in court. The National Consumer Law Center has said Ohio would have one of the weakest consumer protection laws in the nation if the bill is signed, reducing incentives for companies to change fradulent practices.

In news elsewhere, research from the Federal Reserve Bank of New York shows that Americans age 60 and older still owe about $36 billion in student loans, and more than 10 percent of those loans are delinquent. As a result, some Social Security checks are being garnished and debt collectors are harassing borrowers in their 80s about student loans that are decades old. Some economists say the long-touted benefits of a college degree are being diluted by rising tuition rates and the longevity of debt.

GOP presidential hopeful Mitt Romney and other Republicans seeking elective office this year are strenuously avoiding any mention or appearance with the most recent president from their party, George W. Bush. Although Romney recently picked up endorsements from Dubya's father and brother, George H.W. Bush and Jeb Bush respectively, POTUS No. 43 is keeping a low profile. Do you think it might be due to two bungled wars and the recession that started on his watch? Nah. (And yet they want to continue his policies.)

Some British politicians and civil rights activists are protesting plans by the government to give the intelligence service the ability to monitor the telephone calls, e-mails, text messages and Internet use of every person in the United Kingdom. Under the proposal, revealed in The Sunday Times of London, a law to be introduced later this year would allow the authorities to order Internet companies to install hardware enabling the government’s monitoring agency to examine individual communications without a warrant. George Orwell was right: Big Brother is watching you.

In what's becoming an increasingly frequent headline, TV commentator Keith Olbermann has been fired from another job. Olbermann was terminated Friday by Current TV, and replaced by ex-New York Gov. Eliot Spitzer. Olbermann had hosted Countdown, which he brought from MSNBC after his exit there, since June. Sources say Olbermann was let go for various reasons including continual complaints about staff, refusing to toss to other peoples' shows or appear in advertisements with them.

Iraq's “fugitive” Vice President Tareq al-Hashemi has rejected Baghdad's demand for Qatar to extradite him, stating he enjoys constitutional immunity and hasn't been convicted of any crime. Hashemi is accused of having operated a secret death squad in Iraq.
by Kevin Osborne 04.30.2012

Morning News and Stuff

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

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

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

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

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

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

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

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

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

Chen Guangcheng, a blind human rights activist under house arrest in China, has escaped his captors and gone into hiding. A dissident who met Chen in Beijing after his escape said Chen scaled a wall by night to escape from his village in eastern China, past guards and surveillance equipment. A human rights group says Chen has taken shelter in the U.S. embassy, but American officials have not publicly confirmed the reports.
by 12.26.2010
Posted In: Censorship, Media, Internet, Government, Courts at 03:01 PM | Permalink | Comments (1)

Frost Interviews WikiLeaks Founder

For all the rhetoric about the United States' right to freedom of the press, the best reporting on the governmental secrets revealed by WikiLeaks, and the deeper issues they raise, has been done by media outlets in other nations. And the best and most in-depth interview with Julian Assange has been done by a British journalist for Al Jazeera, the Arab satellite news channel.

David Frost, who famously interviewed President Nixon a few years after his resignation following the Watergate scandal, now has a program on Al Jazeera, entitled Frost Over the World.

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by 03.16.2011
Posted In: Media, Courts at 09:05 AM | Permalink | Comments (0)

First Amendment Champion Goehler Passes Away

Everyone in the media — and indeed everyone who cares about the First Amendment — is mourning the loss of Dick Goehler, a leading attorney at Cincinnati's Frost Brown Todd law firm who passed away yesterday after battling leukemia. Dick's practice focused on media law and represented media clients in all aspects of First Amendment and newsroom-related matters, including CityBeat.

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by Kevin Osborne 04.03.2012
Posted In: News, Media, Business, Courts, Financial Crisis at 04:52 PM | Permalink | Comments (1)

Media Companies Face Rough Times

Clear Channel has layoffs, while magazine owner seeks court's help

It’s a tumultuous time in Greater Cincinnati’s media scene. In addition to The Enquirer’s ongoing staff shakeups, troubles abound at Clear Channel Communications and at the firm that owns Cincinnati Magazine.

This all occurs just a month after the recent sale of CityBeat to Nashville-based SouthComm, Inc.

Clear Channel, which owns the most radio stations in the local market, laid off several employees last week.

Among the people who were let go were Tony Bender, the program director for WKRC (550 AM) and WCKY (1530 AM); Sherry Rowland, promotions director for WLW (700 AM); Mark Bianchi, digital sales manager; and traffic reporter Brian Pitts. The staffers reportedly were laid off due to budget cuts.

Based in San Antonio, Texas, Clear Channel owns 850 radio stations across the United States, making it the nation’s largest radio station group owner both by stations and revenue. Locally, the media giant owns the previously mentioned WKRC, WCKY and WLW, along with WEBN (102.7 FM), WKFS (107.1 FM) and WSAI (1360 AM).

If you're in the media and need a job, you might want to consider applying to become The Enquirer's new sports editor. The last editor, Barry Forbis, recently quit to work for Fox Sports in Los Angeles. Here are the requirements for the job.

Meanwhile, Emmis Communications Corp. — which owns Cincinnati Magazine — is struggling to keep its stock listed on the NASDAQ exchange while the firm’s owner is being roundly criticized for asking an Indiana court to approve a plan to vote so-called “dead shares” of the company.

Indianapolis-based Emmis is seeking to vote the shares of preferred stock that the company had bought from shareholders at a sizeable discount. Typically, such shares are considered “extinguished” and no longer viable under tax and accounting rules. But Emmis executives said the shares weren’t actually bought, they merely were part of a “total return swap.”

If a judge agrees, Emmis will be able to vote those shares and convert its remaining preferred stock into common stock, so it doesn’t have to ante up the cash for unpaid dividends.

To deal with its financial problems, Emmis has borrowed a total of $31.9 million from controversial businessman Sam Zell, chairman of Equity Group Investments, to help keep the firm afloat.

Besides Cincinnati Magazine, Emmis owns similar publications in Atlanta, Indianapolis, Los Angeles, Austin, Texas and elsewhere. Also, it owns radio stations in New York, Los Angeles, St. Louis and Terre Haute, Ind., as well as in Bulgaria and Slovakia.

by 01.22.2010
Posted In: Campaign Finance, Courts, Public Policy at 04:37 PM | Permalink | Comments (0)

Common Cause, Others Fight Court Ruling

This week’s U.S. Supreme Court ruling that allows corporations to make unlimited contributions to political campaigns has been widely criticized by many moderates and progressives as an action that could distort democracy and confuse the electorate.

Now Common Cause/Ohio is joining the wave of opposition, calling the decision “a major blow to established campaign reforms and to the democratic process itself.”

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by German Lopez 06.12.2013
Posted In: News, Privatization, Budget, Courts at 02:23 PM | Permalink | Comments (0)
downtown grocery

Court Sides with City on Parking Plan

City plans to move forward as some council members suggest a repeal

In a 2-1 ruling today, the Hamilton County Court of Appeals reversed a lower court’s ruling and said the city’s plan to semi-privatize its parking assets is not subject to a referendum and may move forward.

But opponents are pushing for a stay on the ruling as they work on an appeal, which could put the case in front of the Ohio Supreme Court.

For the city, the ruling means it can potentially move forward with leasing parking meters and garages to the Greater Cincinnati Port Authority for a one-time payment of $92 million and an estimated $3 million in annual increments. The city originally planned to use the funds for development projects, including a downtown grocery store and the uptown interchange, and to help balance the city’s budget for the next two years.

But critics, including those who led the referendum efforts, are calling on the city to hold off on the lease. They argue the plan, which raises parking meter rates and expands meters’ operation hours, will hurt downtown business.

In a statement, City Manager Milton Dohoney praised the ruling, but he clarified that the city will not be able to allocate parking plan funds until potential appeals of todays ruling are exhausted or called off.

“The City cannot commit the money in the parking plan until there is legal certainty around the funds. Once there is legal certainty, the Administration will look at the budget to determine if there are items that may need to be revisited and bring those before Members of City Council, as appropriate,” he said.

Jason Barron, spokesperson for Democratic Mayor Mark Mallory, says the city will now be able to re-evaluate current plans for the budget and other projects.

“Council will get a chance to look at the budget again and undo some of the stuff that they’ve done, but some of the cuts will definitely stay — that way we continue to move towards balance,” he says.

But first, the city must follow through with legal processes to get Judge Robert Winkler’s original order on the parking plan lifted, which will then allow the city and Port Authority to sign the lease.

Already, some council members are pushing back. Following the ruling, Democratic council members Chris Seelbach and Laure Quinlivan announced that they plan to introduce a motion that would repeal the parking plan.

But Barron says City Council would need six out of nine votes to overrule Mallory and other supporters of the parking plan, which he says is unlikely.

At today’s City Council meeting, Quinlivan and Seelbach were unable to introduce the motion, which has five signatures, because the motion requires six votes for immediate consideration and to overrule the mayor, who opposes a repeal. The motion also needs to be turned into an ordinance to actually repeal the parking plan.

In a statement, Democratic mayoral candidate John Cranley criticized the ruling and city. He said the plan should be subject to referendum: “This decision affects an entire generation and shouldn’t be made by people who are trying to spend a bunch of money right before an election, while leaving the bill for our kids to pay.”

Democratic Vice Mayor Roxanne Qualls, who is also running for mayor, praised the ruling in a statement.

My goal is that proceeds from the parking proposal are used to put the city on a path to a structurally balanced budget by 2017,” she said.

Qualls said she will introduce a motion that calls on the city administration to draw up a plan that would use parking funds on long-term investments that support long-term fiscal sustainability,” including neighborhood development, other capital projects, the city’s reserves and the city’s pension fund.

The ruling also allows the city to once again use emergency clauses, which the city claims eliminate a 30-day waiting period on implementing laws and make laws insusceptible to referendum.

Judges Penelope Cunningham and Patrick DeWine cited legal precedent and the context of the City Charter to rule the city may use emergency clauses to expedite the implementation of laws, including the parking plan.

“Importantly, charter provisions, like statutes and constitutions, must be read as a whole and in context,” the majority opinion read. “We are not permitted — as the common pleas court did, and Judge Dinkelacker’s dissent does — to look at the first sentence and disassociate it from the context of the entire section.”

Judge Patrick Dinkelacker dissented, claiming the other judges are applying the wrong Ohio Supreme Court cases to the ruling.

“In my view, the charter language is ambiguous and, therefore, we must liberally construe it in favor of permitting the people of Cincinnati to exercise their power of referendum,” Dinkelacker wrote in his dissent.

The parking plan leases the city’s parking meters and garages to the Port Authority, which will use a team of private operators from around the country — AEW Capital, Xerox, Denison Parking and Guggenheim — for operations, technology upgrades and enforcement.

The city originally argued the parking plan was necessary to help balance the budget without laying off cops and firefighters and pursue major development projects downtown.

Since then, the city used higher-than-expected revenues and cuts elsewhere, particularly to parks and human services funding, to balance the fiscal year 2014 budget without laying off public safety personnel.

City Council is also expected to vote today on an alternative funding plan to build a grocery store, luxury apartment tower and garage on Fourth and Race streets downtown. The project was originally attached to the parking plan.

Dohoney asked City Council in a statement to pursue the alternative plan today.

We are asking Council to pass the development deal today so that the developers have the city’s commitment and can move ahead with their financing,” he said. If we wait any longer on the parking deal, we put this deal at risk. With the housing capacity issue downtown and decade-long cry for a grocery store, we must move forward.

CityBeat will update this story as more information becomes available.

Updated at 1:39 p.m.: Added comments from the city manager’s statement.

Updated at 2:00 p.m.: Added comments from Vice Mayor Roxanne Qualls statement.

Updated at 3:23 p.m.: Added results of City Council meeting.

Updated at 10:35 a.m. on June 13: Added latest news about appeal.

by 12.17.2009
Posted In: County Commission, Courts, Spending at 01:02 PM | Permalink | Comments (1)

State Group Opposes Deters

Apparently, some Republicans across Ohio disagree with their GOP colleague, Hamilton County Prosecutor Joe Deters.

In a motion filed Wednesday with the Ohio Supreme Court, the County Commissioners Association of Ohio (CCAO) seeks to intervene in the complaint that Hamilton County commissioners filed against Deters. The CCAO, which is a bipartisan group that has numerous Republican members, asks to join the case as a “friend of the court” on the commissioners’ side.

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