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 pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.
The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.
Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.
U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.
On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.
Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.
“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”
But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.
The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.
It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.
If an appeal is pursued, the county could be at risk of paying much more. A lengthy appeal process could easily double what’s been spent so far, legal experts said.
The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.
Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.
“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”
Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.
“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.
Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.
Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.
A prominent Republican congressman is under investigation for insider trading. U.S. Rep. Spencer Bachus (R-Ala.), who heads the House Financial Services Committee, is being probed by the Office of Congressional Ethics for making suspicious trades and buying certain stock options while helping oversee the nation’s banking and financial services industries.
Some U.S. progressives are supporting a move by Icelandic politicians to nominate alleged WikiLeaks collaborator Bradley Manning for the Nobel Peace Prize.
Manning was nominated for the prestigious prize by The Movement of Icelandic Parliament, a group of politicians in Iceland dedicated to empowering grassroots activism.
A federal court in Cincinnati could get another chance to advance LGBT rights if it takes up a lawsuit filed Monday that calls on Ohio to recognize the names of married same-sex parents on their adopted children’s birth certificates.
Civil rights attorney Alphonse Gerhardstein filed the lawsuit on behalf of four same-sex couples who married outside the state and an adoption agency that helped one of the couples adopt a child in Ohio.
“Birth certificates are the primary identity document in our society,” Gerhardstein’s firm explained in a statement. “Birth certificates tell the child, ‘these adults are your parents,’ and tell the community that these adults and children are a family. Medical care, access to schools, travel and release of information are all easily accomplished with birth certificates and are constantly burdened without accurate birth certificates. Forcing families to accept incorrect birth certificates imposes life-long harms and is a direct attack on family dignity.”
Although opponents of LGBT rights contend that allowing same-sex couples to adopt could hurt children, the research suggests otherwise.
A Boston University meta-analysis released in March found “children's well-being is affected much more by their relationships with their parents, their parents’ sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents.” Possibly harmful factors found in the study instead include widespread discrimination and the parents’ limited rights, neither of which can be blamed on same-sex couples.
The complaint filed Monday comes on the heels of recent rulings that advanced same-sex rights in Ohio and across the country.
U.S. District Court Judge Timothy Black on Dec. 23 cited constitutional grounds to force state officials to recognize same-sex marriages on death certificates. That case came about after a same-sex couple in Cincinnati filed for recognition. The Republican-controlled state government, defended by Attorney General Mike DeWine, is appealing the ruling.
That ruling followed a June 26 decision from the U.S. Supreme Court that effectively struck down the federal Defense of Marriage Act and requires the federal government to recognize some same-sex marriages.
In enforcing the ruling, President Barack Obama’s administration on Monday plans to grant sweeping equal protections to married same-sex couples around the country, even those who reside in states where same-sex marriage remains illegal. The Justice Department’s decision applies to courthouse proceedings, prison visits and the compensation of public safety officers’ surviving spouses, among other areas.
At the state level, FreedomOhio is working to get same-sex marriage on the ballot this year. The campaign is facing some resistance from other LGBT groups, but FreedomOhio says it already has the petition signatures required to put the issue to a vote in November.
The full complaint:
Democratic gubernatorial candidate Ed FitzGerald on Friday announced his new running mate: Sharen Neuhardt, a Dayton-area business attorney and twice-failed candidate for Congress. The choice boosts the ticket’s credentials with women and abortion-rights advocates, but it also reinforces support for pro-choice policies that upset many Republicans and conservatives. FitzGerald originally picked State Sen. Eric Kearney as his running mate, but Kearney dropped out of the race after multiple media reports uncovered he owed more than $800,000 in tax debt. CityBeat covered the gubernatorial race and how the economy could play into it in further detail here.
Mayor John Cranley on Friday reiterated his opposition to double dipping, even though he supports hiring an assistant city
manager who will take advantage of the practice. Because Bill Moller is a
city retiree, he will be eligible to double dip — simultaneously take a
salary ($147,000 a year) and pension — when the city hires him in
February. Cranley called the practice “abusive” on the campaign trail,
but he says it’s up to City Council to pass legislation that prevents it.
Hamilton County Juvenile Court Judge Tracie Hunter on Friday pleaded not guilty to nine felony charges, including accusations of backdating court documents, theft in office and misusing her county credit card. The Ohio Supreme Court on Jan. 10 replaced Hunter until her case is decided. The felony charges are just the latest for the judge, who has been mired in controversy after controversy since before she won her election.
State Rep. Alicia Reece and other activists are pushing an initiative for the November ballot that would embed “voter rights” into the Ohio Constitution. The Democrat-backed constitutional amendment is in direct response to Republican-led attempts to shrink early voting periods and restrict access to the ballot.
A propane gas shortage in some parts of the state led Gov. John Kasich to suspend state and federal laws that keep propane suppliers off the roads on weekends.
State Treasurer Josh Mandel’s failed Senate campaign sold an SUV totaled in March — effectively averting an insurance review that might have clarified the vehicle’s use and insurance status — shortly after questions arose over the continued use of the vehicle months after Mandel’s Senate campaign ended.
Secondhand smoke increases the odds of hospital readmission for children with asthma, according to a study from Cincinnati Children’s Hospital Medical Center and Penn State Milton S. Hershey Children’s Hospital.Google’s smart contact lens could help diabetics.
The latest administrative shakeups at City Hall spurred
controversy after the city administration confirmed City Solicitor John
Curp will leave his current position and one of the new hires — Bill
Moller, a city retiree who will become assistant city manager — will be
able to “double dip” on his pension and salary ($147,000 a year). Councilman
P.G. Sittenfeld said on Twitter that City Council will discuss the personnel changes at today’s council meeting. The hiring decisions are up to Interim City Manager
Scott Stiles, but some council members say they should be more closely
informed and involved. (This paragraph was updated after council members called off the special session.)
Hamilton County Juvenile Court Judge Tracie Hunter was indicted on a ninth felony charge yesterday. The charge — for misusing her county credit card — comes on top of eight other felony counts for allegedly backdating court documents and stealing from office. In response to the first eight charges, the Ohio Supreme Court disqualified Hunter as she fights the accusations and replaced her with a formerly retired judge, who will be aided by the juvenile court’s permanent and visiting judges in addressing Hunter’s expansive backlog of cases.
A bipartisan proposal would allow Ohioans to recall any elected official in the state.Duke Energy cut a $400,000 check to the Greater Cincinnati Port Authority for redevelopment projects at Bond Hill, Roselawn and Queensgate.
Sixty-two people will be dropped from Hamilton County voter rolls because they didn’t respond to a letter from the board of elections challenging their voting addresses.
It’s official: Democrat Charlie Luken and Republican Ralph Winkler will face off for the Hamilton County Probate Court judgeship.
Facing state cuts to local funding, a Clermont County village annexed its way to higher revenues. But the village has drawn controversy for its tactics because it explicitly absorbed only public property, which isn’t protected from annexation under state law like private property is.
More Ohio inmates earned high school diplomas over the past three years, putting the state ahead of the national average in this area, according to a report from the Correctional Institution Inspection Committee.Ky. Gov. Steve Beshear says he supports legislative efforts to increase Kentucky’s minimum wage to $10.10 over the next three years.
One Malaysian language describes odors as precisely as English describes colors.
Ohio officials will appeal a court ruling that blocked tougher requirements on minor political parties and allows them to run in the 2014 primary and general elections under previous rules. The Republican-controlled Ohio legislature and Gov. John Kasich approved the stricter rules last year. Democrats and Libertarians argued the new law, which they labeled the John Kasich Re-election Protection Act, was put in place to protect Kasich from conservative electoral challengers upset with his support for the federally funded Medicaid expansion.
The Ohio Supreme Court disqualified Hamilton County Juvenile Judge Tracie Hunter Friday after she was indicted on eight felony charges for, among other accusations, backdating and forging court documents. The disqualification could further burden a court that’s already known for a large backlog of cases. It remains unclear how long Hunter’s case and disqualification will last and whether she’ll be replaced while the legal battle unfolds.
Many streetcar supporters oppose the Oasis rail line and the rest of the Eastern Corridor project. Critics of the project point to a recent study that found the Oasis line would generate low economic development in seven of 10 planned stations. Instead of supporting the Oasis line, Cincinnatians for Progress says local officials should work to first establish a transit line — perhaps through a piece-by-piece approach of the defunct MetroMoves plan that voters rejected in 2002 — that could act as a central spine for a broader light rail network. Opposition to the Oasis line is also rooted in a general movement against the Eastern Corridor project, which some say would expand and rework roads and highways in a way that could damage and divide the East Side and eastern Hamilton County. Officials are taking feedback for the Eastern Corridor and Oasis rail line at EasternCorridor.org.
Hamilton County Commissioner Todd Portune, who might challenge Democratic gubernatorial Ed FitzGerald in the May primary, discussed the gubernatorial race in a nearly 40-minute interview with The Cincinnati Enquirer’s editorial board Friday. View the full interview here.The U.S. Supreme Court will hear whether groups have the right to sue in a local case that could have broader implications for free-speech rights and limitations. The legal fight between former Rep. Steve Driehaus and the Susan B. Anthony List could resolve whether political campaigns have the right to lie.
As local and state officials work to address the opiate epidemic, a drug history scholar from the University of Cincinnati proposes alternatives to the failing war on drugs.One drug helps prevent opiate addicts from getting high.
The Ohio Department of Health says flu activity in Ohio is now widespread.Ohio’s chief justice says it’s time to reform how judges are elected. It remains unclear exactly how Chief Justice Maureen O’Connor would reform the system, but she says she wants to uphold courts’ attempts at impartiality.
Reminder: January is Human Trafficking Awareness Month. Find out more at HumanTrafficking.Ohio.gov.Ohio gas prices increased in time for the new workweek.
Racism could accelerate aging among black men, according to a new study.
A federal judge halted a controversial election law that limited minor political parties’ access to the ballot and ruled that the state must allow minor parties to participate in the primary and general elections in 2014. But by merely agreeing that only the retroactive restrictions for 2014 are too burdensome for minor parties, the judge left room to keep the law intact for elections in 2015 and beyond. Still, the ruling comes as a major victory for the Libertarian Party of Ohio and other minor parties who took to calling the Republican-backed law the “John Kasich Re-election Protection Act” because it conveniently limited minor parties that are upset with Republican Gov. John Kasich’s support for the Obamacare-funded Medicaid expansion.
Ohio Sen. Rob Portman broke with most of his fellow Republicans yesterday to help advance federal legislation that would extend emergency benefits for the long-term unemployed. Still, he hinted that he would not support the three-month extension if the $6.4 billion cost isn’t covered by federal spending cuts elsewhere. Without the extension, 128,600 Ohioans could lose unemployment benefits through 2014 even as the state economy shows signs of weakening.Cincinnati Budget Director Lea Eriksen yesterday confirmed she is leaving her high-level city job to take the same job in Long Beach, Calif. Peggy Sandman will fill in for Eriksen while a search for a permanent replacement is held. Eriksen’s announcement comes as a blow to the city but little surprise to political watchers. Shortly before taking office, Mayor John Cranley called Eriksen and other administration officials “incompetent” because of how they handled the $132.8 million streetcar project, even though their estimates for cancellation costs turned out to be mostly on point.
Newsflash: Global warming didn’t stop just because we’re cold now.The worst of the deep freeze should be over for Ohio.
Cincinnati’s 2013 homicide rate of 25 per 100,000 residents compares to Cleveland at 22, Indianapolis at 14.85, Columbus at 11.24 and Louisville at 8.43.An Ohio appeals court ruled Cincinnati can change medical benefits for retirees after all.
Construction for the uptown interchange could begin in July and finish in late 2016.The city announced yesterday that it’s extending its Winter Holiday Trash Amnesty through Jan. 17, which means residents have until then to set out extra trash next to their city-provided trash carts.
Gov. Kasich is asking parents to tell their children about the dangers of drug abuse, as the state works to combat problems with prescription painkillers and heroin.A Fairfield, Ohio, teacher who was fired for allegedly telling a black student, “We don’t need another black president,” will fight for his job.
Dozens of inmates at the Lebanon Correctional Honor Camp endured frigid conditions Monday evening after one of three furnaces broke, according to the Ohio Department of Rehabilitation and Correction.A Cincinnati-area medical device firm is in a race with some of the largest pharmaceutical companies in the world to get a painless drug injector on the market.
People are stealing English ferrets used to hunt rabbits.
A survey of brown dwarfs found they’re racked by planet-sized storms of molten iron.
Ohio and various other states passed more abortion restrictions between 2011 and 2013 than they did in the previous decade, according to the Guttmacher Institute. The findings indicate that the latest Republican-backed abortion restrictions, which were passed through Ohio’s two-year state budget last June, were part of a broader trend that’s culminated across the nation since the tea party rose to national prominence in 2010. The trend could play a pivotal political role: Ohio Democrats have made their opposition to the abortion restrictions a central part of their campaigns to unseat Republican incumbents who hold top executive offices in the state.
One of the candidates expected to join the tea party ticket in a Republican primary challenge against Gov. John Kasich appears to have personal tax problems. Brenda Mack, tea party leader Ted Stevenot’s expected running mate, is linked to nearly $60,000 in unpaid state and federal taxes and penalties, according to government records in Mahoning and Cuyahoga counties analyzed by The Columbus Dispatch. Mack refuses to comment on the tax problems until a Tuesday press conference in which she and Stevenot are expected to officially announce their candidacies for the May 6 primary.
Former Mayor Charlie Luken says he will run for Hamilton County probate judge. The Democratic candidate will likely face off against Republican Ted Winkler, a Hamilton County Common Pleas Court judge. Luken recently garnered the public spotlight for his support for Mayor John Cranley’s campaign.Cincinnati’s homicide rate for victims younger than 18 rose to 1 in 7 in 2013 and 2012, up from 1 in 10 from 2000 through 2011, according to The Cincinnati Enquirer. Four of the juvenile victims were 1-year-old or younger, including a fetus who died after the mother was strangled to death in April.
Four seats on the 19-member Ohio Board of Education remain unfilled, including two seats that have been vacant for months, long past the 30-day deadline Gov. Kasich has under state law to name a replacement. Administration officials said they’re aware of the deadline, but they intend to find the best fit for the position before moving forward with an appointment. “It’s far more important to us to find the right person than putting warm bodies on the board,” Kasich spokesperson Rob Nichols told The Columbus Dispatch.
The amount of untested rape kits submitted to Ohio’s Bureau of Criminal Investigation exceeded 5,000.
Fewer than 1,000 died last year in traffic crashes across Ohio, the lowest number since the state began keeping track of the fatalities in 1936.
Bill Nye the Science Guy will debate evolution and biblical creationism at northern Kentucky’s Creation Museum on Feb. 4. Evolution is a scientific fact, but Creation Museum leader Ken Ham denies its existence.Aaron Betsky announced yesterday he will step down as director of the Cincinnati Art Museum. The news follows Betsky’s controversial comments against the streetcar project in ArchitectMagazine.com, which Betsky expanded on in a separate blog post. CityBeat recently interviewed Betsky here.
The Cincinnati Bengals received an extension until 4 p.m. today to sell out tickets for Sunday’s game and avoid a television blackout in the Cincinnati area.
Strange lights sometimes precede earthquakes.
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.