The First District County Court of Appeals heard arguments over the city’s parking plan and emergency clause powers today, with both sides making similar arguments as before
— except this time the city acknowledged it will probably have to move
forward with layoffs because the city only has a few weeks remaining
before it has to balance the budget for fiscal year 2014, which begins
July 1. The city claims it can use emergency clauses to expedite
legislation, such as the parking plan, by eliminating a 30-day waiting
period and the possibility of a referendum, but opponents argue the
wording in the City Charter doesn’t justify terminating referendum
efforts. If courts side with opponents, the city’s plan to lease its
parking assets to the Port Authority, which CityBeat covered here, will likely appear on the ballot in November, forcing the city to lay off cops, firefighters and other city employees instead of using the parking plan to help balance the budget.
It’s looking more and more likely that Cincinnati Police Chief James Craig will take the top police job in Detroit, despite Cincinnati officials asking Craig to reconsider. Previously, Councilman Charlie Winburn, the lone Republican on City Council, pushed city officials to do more to encourage Craig to stay, but City Manager Milton Dohoney Jr. said Craig’s motivations may be personal because his family resides in Detroit, a city that is in desperate need of a turnaround.
Ohio’s tea party groups are preparing to either split from
the Republican Party or punish Republican leaders for recent actions,
according to The Columbus Dispatch. Tea party groups have been particularly upset with Gov. John Kasich’s endorsement of the Medicaid expansion, which CityBeat covered in further detail here and here,
and Ohio Republicans’ election of Matt Borges, who once lobbied for a
gay rights group, as chairman of the Ohio Republican Party. Since the
2010 elections, tea party groups have kept political footholds in some
areas, but they have consistently lost favor with voters.
In case you missed it, here was CityBeat’s news coverage for the current week’s issue, which went online late because of Internet issues:
A portion of the Ohio House budget bill would make it more difficult for out-of-state students to vote in Ohio by forcing public universities to decide between extra tuition money and providing documents that students need to vote. Republicans say the rule is meant to lower tuition and prevent out-of-state students from voting on local issues they may know little about, but Democrats, backed by university officials, say the rule suppresses college-going voters, who tend to support Democrats over Republicans.
Ohio Senate President Keith Faber said there is no substantial Republican support in the Ohio House, Ohio Senate or governor’s mansion for so-called “right to work” legislation. The lack of support for the anti-union laws, which prevent unions and employers from making collective bargaining agreements that require union membership, may be linked to 2011’s voter rejection of Senate Bill 5, which would have limited public unions’ collective bargaining and political powers. S.B. 5 was one reason unions, including the Republican-leaning Fraternal Order of Police, supported Democrats in 2012.
Despite security concerns in the aftermath of the Boston Marathon, Sunday’s Flying Pig Marathon had a record 34,000 participants.
Ohio gas prices are trending up this week.
Now on Kickstarter: Genetically modified plants that glow.
Vice Mayor Roxanne Qualls is calling for a quick police chief search following a bout of local violence during the past few weeks. In a memo to City Manager Milton Dohoney, Qualls argues a police chief replacement is necessary to clamp down on crime, particularly gun and gang-related violence. She asks the city manager to report to City Council on the hiring search in early August and have a full replacement ready by the end of the summer. Former Police Chief James Craig recently left Cincinnati to take the police chief job in Detroit, his hometown.
Ohio dropped from No. 13 to No. 25 in a state-by-state ranking of highways. The report from the Reason Foundation, a libertarian think tank, looked at highway conditions and cost effectiveness. Among the findings: About 22.73 percent of Ohio’s bridges were deemed deficient in 2009, down from 24.51 percent in 2007. Twenty states reported more than one in four bridges as deficient — a threshold Ohio barely missed. Despite Ohio being relatively worse off, the nation as a whole improved in major categories, according to the report: “Six of the seven key indicators of system condition showed improvement, including large gains in rural interstate and urban interstate condition, and a reduction in the fatality rate.”
Ohio Democrats now criticizing the state budget’s rape counselor restriction voted for the measure in a separate House bill on June 16. The “gag,” as Democrats now call it, prevents publicly funded rape counselors from discussing abortion as a viable medical option for rape victims. “Democrats supported the bill to fund rape crisis centers and we were led to believe that this offensive language gagging rape counselors would be fixed in the budget,” Ohio Democratic Party Chairman Chris Redfern told the Associated Press through a spokesperson. “It was not.” Democrats voted against the state budget that actually encoded the measure into law.
On July 11 at Fountain Square, anti-abortion group Created Equal plans to use a jumbo screen to show a graphic video containing footage of aborted fetuses and their separated limbs.
Three more statewide online schools — known as “e-schools” — are coming to Ohio following approval from the Department of Education. Proponents of e-schools call them a “valuable alternative” to traditional schooling. But some education experts and studies have found e-schools often perform poorly.
Mason is having some success using private-public partnerships to attract high-tech companies.
The Ohio State Highway Patrol says “pilot error” caused the stunt airplane crash that killed two at last month’s Dayton Air Show.
BBC explains why phones sometimes feel like they’re vibrating when they’re not.
New contact lenses give telescopic vision.
Fireworks would likely look boring in space.
Even though it’s now illegal under local and state law, texting while driving often eludes punishment in Greater Cincinnati. The Hamilton County Sheriff’s Department has issued no tickets so far to vehicular texters, while the Cincinnati Police Department has given out 28, with only four going to teenagers. Although almost everyone acknowledges the dangers of texting while driving, police say it’s very difficult to catch texters in the act, especially since most of them claim they were just making phone calls.
Otto Budig, board chairman of the Greater Cincinnati Port Authority, apparently told The Cincinnati Enquirer that the Port Authority won’t sign the parking lease until it gets assurances about city funding. City Council considered pulling $100,000 from the Port Authority while putting together the budget for fiscal year 2014. Now, Budig says the Port Authority wants some sort of financial assurance, perhaps as part of the parking lease, that the city won’t threaten future funding. The city announced Tuesday it had signed the lease, but some opponents, including Councilman P.G. Sittenfeld, are still looking for ways to repeal the plan.
A Policy Matters Ohio report found the state’s tax code remains complicated
under the Ohio Senate budget plan and the budget actually added tax breaks, despite earlier promises of simplification from House and Senate leaders. Meanwhile, Mike Dittoe, spokesperson
for Ohio House Republicans, says the General Assembly will take up tax
reform later in the year. The Ohio Department of Taxation says the tax breaks will cost Ohio nearly $8 billion in fiscal year 2015, and Policy Matters says many of the exemptions, deductions and credits are wasteful.
JobsOhio topped a ranking from Investigative Reporters and Editors (IRE) that looks at government agencies’ “unrelenting commitment to undermining the public's right to know.” IRE mocked JobsOhio and the state Republicans for making it increasingly difficult to find out how the agency uses its public funds. Democrats, including gubernatorial candidate Ed FitzGerald, have also criticized Republicans for blocking a public audit of JobsOhio, which was established by Gov. John Kasich and Republican legislators in 2011 to eventually replace the public Ohio Department of Development. JobsOhio’s supporters argue the agency’s privatized, secret nature allows it to move at the “speed of business” to better boost the economy.
The Cincinnati Museum Center is looking to ask Hamilton County residents to renew its operating levy in May 2014, even though the museum promised in 2009 that it wouldn’t do so. The museum argues circumstances have changed, with Union Terminal crumbling and in need of about $163 million in repairs. When the museum originally made its promise against more operating levies, it was expecting to make repairs through a capital levy, but Hamilton County commissioners dismissed that idea. Hamilton County commissioners will have to approve the operating levy before it goes on the ballot.
An Ohio bill would ban anyone under the age of 18 from tanning at a salon unless a doctor gives permission for medical reasons. This is the third time Ohio legislators have proposed measures against indoor tanning in recent years.
Personhood Ohio, the anti-abortion group trying to ban abortions in Ohio by defining life as beginning at conception, is fundraising by selling assault rifles.
Here is a map showing how green Earth is in the most literal terms.
We now have an explanation for why everyone is so nice and loving to CityBeat’s Hannah McCartney: A study found people are mostly mean to their unattractive coworkers.
Got questions for CityBeat about anything related to Cincinnati? Submit your questions here and we’ll try to get back to you in our first Answers Issue.
CityBeat is looking to talk to convicted drug offenders from Ohio for an upcoming cover story. If you’d like to participate or know anyone willing to participate, email firstname.lastname@example.org.
Cincinnati has the third-highest rate of childhood poverty in the country, and The Enquirer's Mark Curnutte tells the story of an East Price Hill family and school system struggling to keep up.
Hamilton County for the fourth straight year dipped into its rainy day fund instead of instituting major cuts or raising taxes.
National non-profit teacher training program Teach For America has offered to work in Cincinnati Public Schools, possibly as early as next year. CPS has yet to commit to the partnership, noting that there are laid-off veteran teachers in the region.
A federal judge on Tuesday extended the temporary restraining order recognizing a gay couple’s marriage in Ohio. As CityBeat covered here, Jim Obergefell and John Arthur, who suffers from amyotrophic lateral sclerosis (ALS) and is expected to die soon, sued local and state officials hoping to have their Maryland marriage acknowledged by Ohio before Arthur’s death certificate was issued. Judge Timothy Black sided with the couple, and he’s now extended the temporary restraining order until December, which should provide enough time for Arthur’s expected death and the remaining legal battle. The judge has made it clear that the order only applies to Obergefell and Arthur.
Ohio could spend less on Medicaid if it expands eligibility for the program, according to a new analysis
from Ohio State University and the Health Policy Institute of Ohio. But
the expansion would have to come with cost controls that cap spending
growth at 3.5 percent to 4 percent, as opposed to the current rate of
7.2 percent. Still, the analysis shows that policies including an expansion can
save the state money. Under the Affordable Care Act (“Obamacare”), the
federal government is asking states to expand Medicaid to include anyone
at or below 138 percent of the federal poverty level. In return, the
federal government would pay for the entire expansion for the first
three years then phase down its payments to 90 percent of the
expansion’s cost. Typically, the federal government pays for about 60 percent of Medicaid in Ohio.
A Sycamore Township man died yesterday after Hamilton County deputies used a Taser on him during a brief struggle. Deputies found Gary Roell, 59, half-clothed and smashing windows right before they took him into custody. It’s unclear how many times the Taser was used or whether the Taser was the direct cause of death. Hamilton County Sheriff Jim Neil says the deputies followed protocol, given the violent actions carried out by Roell, who punched a deputy in the face during the confrontation. Still, some groups have been asking police departments around the country to change protocol altogether. A 2012 report from Amnesty International found at least 500 people died in the United States between 2001 and 2012 after being shocked with Tasers during their arrests or while in jail.
The 2013 Ohio Health Issues Poll found that higher-income Ohio adults reported better health than those with lower incomes. In 2013, 59 percent of Ohio adults above 138 percent of the federal poverty level, or roughly $15,856 for a single-person household, reported “excellent” or “very good” health, compared to only 26 percent of those below 100 percent of the federal poverty level, or about $11,490 for a single-person household. The United Way of Greater Cincinnati is pointing to the results as just one other way life is more difficult for low-income Ohioans. The group intends to get at least 70 percent of the community to report “excellent” or “very good” health by 2020. Only about 53 percent of adults in southwest Ohio currently report such health, according to the Ohio Health Issues Poll.
Hamilton County is still offering its free recycling program for electronic equipment, including computers and televisions, until noon on Oct. 26.
The Ohio Investigative Unit (OIU) today sent out a warning to college students asking them to watch out for drugged drinks. OIU provided four safety tips: Alcoholic and non-alcoholic drinks can be drugged, students shouldn’t leave a drink laying around or turn their backs on it, they shouldn’t accept drinks from strangers or someone they don’t trust, and students should watch their friends’ drinks and act if they see anything suspicious. The Ohio Incident Based Reporting System (OIBRS) shows there were 14 incidents of forcible rape with drug as a weapon in 2012, but not all Ohio police departments report to OIBRS, so the numbers are likely understated.
A developer is planning to build 20 apartments in the mostly vacant Schwartz office building on Main Street, along the streetcar’s planned route.
Developers are still working on building apartments above the Fountain Place retail complex, as announced nine months ago.
Another steakhouse is opening in downtown Cincinnati.
Delta is now offering direct flights from Cincinnati to Punta Cana, Dominican Republic.
Jungle Jim’s sold a $1 million Mega Millions ticket.
Watch lab-grown heart tissue beat on its own here.
Republican presidential candidate Mitt Romney yesterday popped in on a local pro-Issue 2 and Issue 3 call center and then refused to publicly endorse either Republican initiative. “Yes” votes on Issues 2 and 3 would keep Senate Bill 5 and allow Ohioans to opt out of mandatory health care passed by Congress last year, respectively. From CNN:
"I am not speaking about the particular ballot issues," Romney said, only after repeated questions from reporters. "Those are up to the people of Ohio. But I certainly support the efforts of the governor to reign in the scale of government. I am not terribly familiar with the two ballot initiatives. But I am certainly supportive of the Republican Party's efforts here."
Both topics are tricky for the Romney campaign.
He is no stranger to health insurance mandates, having passed one of his own in 2006 while governor of Massachusetts.
Meanwhile, the Republican-backed union legislation remains deeply unpopular in the state, which is all but certain to be a swing state once again in 2012.
Romney also doesn't want to make his tax returns public. Too modest.
A Sycamore Township man died overnight after the Hamilton County Sheriff’s Office used a Taser to subdue him during a brief struggle.
While responding to a 911 call, deputies found Gary Roell, 59, half-clothed and smashing windows behind a resident’s home, according to the police report. When deputies ordered Roell to the ground, he charged at them and punched one of the officers in the face. The deputies then shot Roell on the back with a Taser to physically restrain and handcuff him.
After he was taken into custody, Roell began having labored breathing, and emergency medical services were called, the report reads. But before ambulances arrived, Roell stopped breathing. Despite attempts by deputies to revive Roell with CPR, he was pronounced dead upon reaching the hospital.
Roell reportedly suffers from bipolar depression and schizophrenia, which can lead to a distorted view of reality. He had apparently stopped taking his medication.
Two key facts remain unknown: whether the Taser led to Roell’s death and how many times the Taser was actually used. Jim Knapp, spokesperson for the Hamilton County Sheriff’s Office, says those issues will be investigated by the Hamilton County Sheriff’s Criminal Investigative Section and the Hamilton County Coroner’s Office.
Hamilton County Sheriff Jim Neil says the officers followed protocol, given Roell’s violent behavior and actions.
For some, the question is whether police protocol is correct in the first place. Advocacy group Amnesty International has been asking police departments around the country to scrutinize standards for deploying a Taser.
A 2012 report from Amnesty International found at least 500 people died in the United States between 2001 and 2012 after being shocked with Tasers during their arrests or while in jail. On average, that’s nearly four deaths around the country each month.
But if officers don’t use Tasers, they must resort other non-lethal tools, such as pepper spray or a baton, that require getting closer to a target. That, police experts argue, could lead to more injuries.
The Cincinnati police officer who struck a pedestrian with his cruiser on Saturday was apparently driving 50 mph in a 25 mph zone, which violates the Cincinnati Police Department's guidelines that limit officers from driving more than 20 mph above the posted limit. Officer Orlando Smith was responding to a call to help an officer when he struck Natalie Cole of Dayton, Ky. She remains in critical condition at University Hospital Medical Center following the incident. CPD is conducting an investigation that is expected to be completed within two weeks. But Smith's cruiser camera mysteriously failed to record for three minutes as the events unfolded; the latest recording available prior to the incident shows Smith leaving a grocery store parking lot with his lights and sirens on, as required by department policy when responding to help an officer. Witnesses told WCPO that Smith was actually driving in excess of 60 mph without his siren on and the victim flung 40 feet after she was struck. Smith is on paid administrative leave as the investigation finishes, which is routine police procedure.
City Council's Budget and Finance Committee will hold its final scheduled meeting today, less than three weeks before the new mayor and council are sworn in on Dec. 1. The committee's agenda is fairly packed after council canceled so many meetings throughout September and October for election season, but most of the items are uncontroversial incentive packages that aim to bring jobs and develop more housing opportunities in the city.
The achievement gap between white and black students in Ohio grew in the past two years, according to the results from a series of tests known as "the Nation's Report Card" from the National Assessment of Educational Progress. Chad Aldis, the vice president for Ohio policy and advocacy at the Fordham Institute, told StateImpact Ohio the results are disappointing because the achievement gap between black and white students in Ohio was already way too big and above the national average in math and English, the two categories in which the gap widened. Overall, Ohio's students ranked slightly above the national average in all areas but showed no significant improvement since 2011. Aldis says Ohio's adoption of Common Core standards, a set of stricter expectations for students embraced by 45 states, should help challenge students and lead to improvement.
Here is an interactive map of marijuana seizures in Ohio this year, which were down from a record high in 2010. Some experts say marijuana and other drugs should be legalized following the failure of the decades-long war on drugs to seriously curtail supply and demand, as CityBeat covered in further detail here.
Mayor-elect John Cranley on Thursday at 9:30 a.m. will answer questions from readers and the editorial board at The Cincinnati Enquirer.
The two chairmen of the Hamilton County Democratic Party and Republican Party will on Nov. 21 switch roles and argue the other side's position on alleged voter fraud as part of the "Beyond Civility" debate series. The initiative seeks to bring public officials together in a less partisan environment.
The Cincinnati area's most prominent white-collar crime case will start hearings in December after a jury is picked by the end of the month in the trial of Matt Daniels, the former Kenwood Towne Place developer who's accused of various charges of fraud. Daniels' attorney talked to the Business Courier here.
Ohio homeschoolers can now join public schools' sports teams.
President Barack Obama will stop in Ohio on Thursday to discuss U.S. manufacturing.
Boy choirs are having a more difficult time filling roles as boys hit puberty earlier.
Hey, did you hear that Newt Gingrich pulled off an upset victory in South Carolina over the weekend? Of course you did; you’re CityBeat readers, so you’re all well read. But any rational observer must wonder if Republicans truly think Newt can win in a general election, where there are actual moderates and progressives voting.
There’s already a fake front page of The Washington Post circulating around the Internet with President Obama smiling broadly at news of Gingrich’s victory.
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."