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.
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.
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.
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.
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.
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 today’s 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.
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.