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.
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.
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.
After 18 months in the courts, Democrat Tracie Hunter has won a Hamilton County Juvenile Court judgeship, but a GOP challenge to the court's acceptance of Hunter's challenge is likely to follow. Republican John Williams led hunter by 23 votes on election night 2010, but Hunter filed a lawsuit over provisional ballots cast at incorrect polling stations that weren't counted. After a recount of 286 provisional ballots, Hunter moved ahead by 74 votes. Republican board of election members reportedly plan to argue that the 286 should not have been recounted.
The Enquirer's Mark Curnutte today offered an analysis of recently released census data that shows a steady growth of the regional Hispanic population and a growth of minority population in areas outside the city that were once largely white. Cincinnati's data suggests that the city and region are slightly different than the nation's overall trend, which in 2011 for the first time found a majority of the country's under 1-year-old population minority (50.4 percent), up from 49.5 percent in 2010.
Included in The Enquirer's story, which included a profile of a Mexican-American Florence family that moved to Northern Kentucky eight years ago from Los Angeles:
A decrease of 1.3 percentage points in Hamilton County’s black population under 5 was countered by increases in the black population under 5 in each of the region’s six other core counties: Butler, Clermont and Warren in Ohio and Boone, Campbell and Kenton in Kentucky.
Overall, the regional population of Hispanic children under 5 years rose from 7,583 in 2010 to 8,032 in 2011, a proportional increase of 0.4 percentage points to 6.1 percent.
The family of a teenager fatally shot by a Cincinnati police officer on Fountain Square last summer has filed a federal lawsuit alleging police used excessive force and violated 16-year-old Davon Mullins' constitutional rights. Police say Mullins pulled a handgun, but the lawsuit says he had been disarmed before officer Oscar Cyranek shot him multiple times.
Cincinnati's Bike Month revelers and Over-the-Rhine residents received some good news this week when Reser Bicycle Outfitters announced the opening of an OTR location. The store could open by June 1 in the 1400 block of Vine Street.
Legislation regulating ownership and breeding of exotic animals has been approved by the Ohio House Agriculture and Natural Resources Committee, 17-4. Senate Bill 310 could get through the full House and Senate next week and be signed by Gov. John Kasich soon afterward. The ban on the acquisition, sale and breeding of certain species would take affect 90 days later.
Former Senator John Edwards will learn his fate today, as a jury was set to deliberate this morning on charges that Edwards used campaign funds to conceal an affair during his run for president.
More than 200 pages of documents, photos and audio recordings were released yesterday offering further details about what happened the night George Zimmerman shot and killed Trayvon Martin.
The documents include an FBI audio analysis of the 911 call placed by a resident that captured yells and screams. Two FBI examiners said they could not determine whether it was Martin or Zimmerman yelling because of the poor quality of the recording and the "extreme emotional state" of screamer.
Cell phone maker Nokia has accused Apple of programming bias into its interactive Siri voice search by making it answer the question “What is the best smartphone ever?” by stating “"Wait... there are other phones?" The answer had apparently previously been “Nokia's Lumia 900.” Apple won't say whether or not it changed Siri's answer after finding the glitch.
A new study suggests that nighttime fasting can go a long way toward keeping you slim even if you eat bad stuff during the day.
Scientists have found a car-sized turtle shell.
The private space launch is scheduled for 4:55 a.m. Saturday, and there will be alcohol involved.
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."
Yesterday marked the 10th anniversary of the U.S. Supreme Court's 5-4 decision that stopped the presidential election recount in Florida and handed the 2000 election to George W. Bush.
It's difficult to believe that was already 10 years ago. And it's amazing still that A) the Supreme Court acted in such a blatantly political manner to step in and resolve a state election issue, halting a legal recount, and B) that Americans didn't take to the streets to revolt against the power grab by Bush and his Republican cronies.
With 273 days remaining until the presidential election, some of our readers might already be getting sick of listening to the latest blather from the candidates. Still, a rather blistering analysis of President Obama’s recent actions at Politico is worth checking out. Maybe this line will pique your interest: “So much for the high road: Victory is more important than purity … He’s made a series of calculated, overtly political gestures that are far more transactional than transformational.”
Ohio House Republicans released their own budget proposal yesterday that does away with many of Gov. John Kasich’s proposed policies. The budget gets rid of the Medicaid expansion, the oil and gas severance tax and the sales tax expansion. It also reduces the state income tax cut to 7 percent, down from 20 percent in Kasich’s plan. The amount of schools getting no increased funding under a new school funding formula decreased from 368 in Kasich’s plan to 175 in the House plan, addressing issues that selective wealthy schools were benefiting too much from Kasich’s proposed school funding formula. CityBeat covered Kasich’s budget proposal in detail here.
NARAL Pro-Choice Ohio is criticizing the Ohio House’s proposed budget for defunding Planned Parenthood and redirecting federal funds to anti-abortion crisis pregnancy centers (CPCs). A study from NARAL Pro-Choice Ohio, which is highly supportive of abortion rights, found 47 percent of CPCs gave inaccurate medical information regarding a link between mental health problems and abortion, and 38 percent provided false information about the connection between breast cancer, infertility and abortion, among other findings.
The city of Cincinnati is asking Judge Robert Winkler to stay his previous ruling so the city can use emergency clauses to expedite legislation. City Solicitor John Curp says the city needs emergency clause powers in case of natural disasters and to advance economic development deals that need to be implemented before 30 days. The city previously used emergency clauses to avoid a 30-day waiting period for implementing laws, but Winkler ruled the clauses do not nullify the right to referendum, effectively eliminating the use of emergency clauses because the city now always has to wait 30 days in case of a referendum effort. The ruling was given after City Council used an emergency clause to expedite the lease of the city’s parking assets to the Port Authority to help balance deficits and fund economic development.
With the support of Councilwoman Yvette Simpson, City Council is looking to study youth poverty, homelessness and other issues to better prioritize city policy. The $175,000 study, which will be mostly privately funded, will look at multiple factors affecting the city’s youth, including crime, poverty, homelessness and educational opportunities. Simpson says the study will be the first comprehensive look at the city’s youth.
Democratic Ohio Sen. Sherrod Brown’s bill to end Too Big to Fail was leaked to the press Friday, and The Washington Post has an analysis on what it does here. While the bill doesn’t explicitly break up big banks, it does severely limit big banks in a way that may encourage them to downsize. Brown will co-sponsor the bill with Republican La. Sen. David Vitter, making it a bipartisan compromise. CityBeat covered Brown’s efforts in further detail here.
Ky. Sen. Mitch McConnell’s re-election campaign is complaining someone bugged a meeting to listen in on staff’s plans for the 2014 election. Jesse Benton, campaign manager for McConnell, said in a statement, “Today’s developments ... go far beyond anything I’ve seen in American politics and are comparable only to Richard Nixon’s efforts to bug Democratic Party Headquarters at the Watergate 40 years ago.” During the meeting, McConnell’s staff alluded to labeling potential opponent Ashley Judd as “unbalanced” by bringing up past mental health problems. Meanwhile, recent polling found McConnell is no lock for re-election.
Scientists discovered evidence of “dark lightning,” which may emanate from thunderstorms alongside visible lightning.
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: