The personal travails of Sarah Palin’s family life normally wouldn’t be newsworthy if it weren’t for Palin’s sanctimonious public statements and campaigning on issues like teen sex, abortion and so-called “family values.” With that in mind, watching the protracted custody battle between Palin’s daughter, Bristol, and ex-boyfriend Levi Johnston over their daughter holds the same bizarre fascination as driving by a car accident on the highway.
Ineffective. Fiscally irresponsible. Overcrowded.
Those are some of the words used by reform advocates to describe Ohio's criminal justice system. As part of its effort to publicize disparities in the state's prisons, the American Civil Liberties Union (ACLU) of Ohio will bring its Freedom Tour here on Dec. 6.
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.
UPDATED Nov. 28, 12:45 PM: Judge Ted Berry waived
the tracking device requirement for the protesters today, and those who posted bail (all but one) should be released in the next few hours.
Original Post: Some of the 15 protesters arrested during Tuesday’s march through downtown Cincinnati in solidarity with Ferguson, Mo. paid bail the next day. But while most folks were at home enjoying Thanksgiving Thursday, they were still in the Hamilton County Justice Center because some county offices are closed.
The march drew as many as 300 people during its nearly three-hour duration. During that time, at least 100 protesters streamed onto I-75, bringing traffic to a halt for a few minutes. Police, who had blocked traffic in the northbound lane of the highway, ordered protesters off under threat of arrest.
Those who didn’t leave fast enough ended up in jail.
The protesters were held without bond overnight and arraigned at 12:30 p.m. Wednesday. Bond for the eight charged with shutting down I-75 was set at $3,000. According to Hamilton County Criminal Court documents, two of those arrested, Liz Cambron and Aalap Bommaraju, paid bail early that afternoon. But they’ll be in jail over Thanksgiving, and maybe until Monday, their attorney Joe Russell says.
Judge Melissa Powers, the presiding judge, deemed the arrested protesters flight risks and ordered they be fitted with electronic monitoring devices. But the office that provides the devices closed at noon today and won’t reopen until next week.
“I don’t undersand how my clients are flight risks,” Russell said of Cambron and Bommaraju. “They aren’t the kind of people who want to get anyone run over.” Cambron is a graduate student at University of Illinois Chicago, and Bommaraju is a health worker pursuing his PhD at UC.
He says the two weren’t acting recklessly and were merely exercising their first amendment rights.
The rest of the group arrested on I-75 look to be in a similar situation. Brandon Geary, Robert Fairbanks, Hilliard Herring, Zachary Lucas, Cerissa Newbill and Rhonda Shaw were also arrested on the highway and have been ordered to wear the tracking devices after release on bond.
Representatives with the Hamilton County Clerk of Courts said they
could not provide any information on the cases during phone calls
“The reason they’re still in jail is because the county doesn’t have the electronic monitoring devices available,” Russel said. He was in court Friday morning working to get the two released.
A vigil asking the court to release the protesters on bond drew a crowd of about 35 people Thanksgiving day, including family members of some of the protesters. "He didn't even know he wasn't going home," said Evan Geary, brother of Brandon Geary, who also posted bond. "My parents had to tell him he wasn't going home. I'm surprised my parents didn't come. They were very happy this was happening," he said of the vigil.
Both Bommaraju and Cambron, along with others who were arrested after entering I-75, are charged with disorderly conduct, a minor misdemeanor, and inducing panic. That charge is usually a first-degree misdemeanor, but could be a fifth or fourth degree felony if a prosecutor finds that significant “economic damage” was done in the commission of the offense.
The Anna Louise Inn and Western & Southern will meet again in court in April to begin the next chapter of the ongoing zoning dispute between the longtime neighbors.
In a Feb. 8 ruling, the Ohio First District Court of Appeals agreed with a lower court that Cincinnati Union Bethel, which owns the Inn, filed an incomplete permit application. The ruling asks CUB to resubmit the funding requests to the city of Cincinnati — except this time CUB will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program.
But Tim Burke, attorney for CUB, says CUB already carried out the court’s requirements. After Judge Norbert Nadel ruled May 4 that the Inn didn’t properly fill out its original application, CUB started a second chain of applications to obtain a conditional use permit to meet Nadel’s zoning specifications. The new applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.
Last week’s appeals court ruling sent the case back down to the lower court on a legal technicality. With the ruling, all the Anna Louise Inn cases, including the separate chain of zoning appeals, are essentially consolidated to Nadel.
The dispute began in 2010, when Western & Southern sued the Anna Louise Inn over zoning issues to block $13 million in city- and state-distributed federal loans to renovate the building. Western & Southern declined an opportunity to purchase the building in 2009, but now seems interested in turning it into a luxury hotel.
The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.
For more information about this ongoing dispute, visit CityBeat's collection of coverage here.