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.
Sensing he needs to make up for lost ground, Mitt Romney went on the offensive in Monday night’s Republican presidential debate in Tampa, Fla., hammering Newt Gingrich as an “influence peddler.” Occasionally appearing at a loss for words, the bombastic ex-Speaker of the House accused Romney of engaging in “trivial politics.”
Boys, boys: Settle down or I’m pulling the car over.
Hoping to take advantage of a recent federal court ruling in Kentucky, the Ohio Democratic Party joined a lawsuit filed today that seeks to abolish the restrictions imposed on judicial candidates in Ohio.
The Sixth U.S. Circuit Court of Appeals this month struck down the rules used in Kentucky for electing judges, stating they violated the judicial candidates’ First Amendment right to freedom of speech. The rules prohibited candidates from listing their party affiliation on the ballot, or to directly solicit campaign contributions.
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.
The U.S. Supreme Court says it will not take up Ohio Secretary of State Jon Husted's early voting appeal. With the decision, Ohio must allow all voters to vote on the weekend and Monday before Election Day — a right previously reserved for military personnel and their families.
The news comes just a week after Husted promised to appeal a ruling from the Sixth Circuit Court of Appeals, which said if early voting will take place on the three days before Election Day, boards of elections must make sure all Ohioans can use the opportunity.
However, some ambiguity is left in the process as different county boards of elections decide on voting hours. The Sixth Circuit Court of Appeals said it's up to Husted and individual county boards when and even if Ohioans will vote on the three days. If there is a tie vote in the county boards, Husted will be the tie breaker.
When he announced his intention to appeal the appeals court ruling, Husted said in a statement that he will ensure Ohio has uniform early voting rules and hours no matter the outcome of the appeal: “While I will be asking the U.S. Supreme Court to uphold Ohio law through the appeals process, the last thing I want to see is a non-uniform system where voters will be treated differently in all 88 counties. Since some boards of elections have already started to take action on hours of operation for the three days before Election Day, I am going to take time to consult with all 88 counties before crafting a directive to set uniform hours should the state not be successful upon appeal.”
UPDATE (1:30 P.M.): Husted sent out a directive to county boards of elections enforcing uniform voting hours for the three days before Election Day. On Saturday, booths will be open 8 a.m. to 2 p.m. On Sunday, 1 p.m. to 5 p.m. On Monday, 8 a.m. to 2 p.m.
The Ohio Supreme Court late last week dismissed a legal challenge by the Campaign to Protect Marriage, which had filed a motion challenging the attorney general’s authority to verify a proposed constitutional amendment that would allow same-sex marriage. The Freedom to Marry coalition is collecting the necessary signatures to put a repeal of the state’s 2004 amendment that only recognizes marriage as between a man and a woman on the ballot in 2013.
City Councilman Wendell Young says there’s nothing secret about a plan to combine the region’s water and sewer agencies even though most people assumed to be needed for approval know little about it. The Enquirer today detailed a plan to integrate the Metropolitan Sewer District, Stormwater Management Utility and Greater Cincinnati Water Works, potentially by September, in an attempt to save money. The plan will reportedly be shared with Council June 20.
Seems like the John Edwards trial is never going to end. Day seven of deliberations begins today.
The U.S. could be one of the countries to benefit from the growth of natural gas use during the next 20 years, potentially reducing the importance of Middle East energy production.
Common painkillers might help protect against skin cancer. Bring on the nonsteroidal anti-inflammatory painkillers such as aspirin and ibuprofen!
There was a face-chewing attack in Miami over the weekend. And the chewer was naked. Seriously.
Google Chrome was the world’s top browser in May. Thought you knew.
If commercial space flights are going to be basting up onto the moon, NASA says they’ll have to stay off the spots where historical things happened.
County Commissioner Todd Portune's idea to borrow more money and extend a half-cent sales tax in order to keep up with stadium costs has been shot down by a Bengals lawyer who used 15 bullet points to demonstrate that Portune's plan “proposes to breach one or both leases.”
Duke Energy is asking state regulators if it can bump customers' rates up again. Duke says the increases are to pay for infrastructure investments. The change would increase customer costs of electric service by $86 million and for natural gas by $44 million. A federal appeals court on Monday reinstated an antitrust lawsuit against Duke Energy that accuses the company of paying kick-backs to corporations opposing a 2004 rate increase.
A rally for “religious freedom” will take place on Fountain Square today in response to federal health care legislation requiring women to have abortions employers to provide insurance that covers birth control. The law includes a religious exemption, which bishops have said isn't enough.
A group pushing to ban dog auctions in Ohio has halted its effort to put the issue on the November ballot due to lack of funding and time. CityBeat in February reported the group's efforts to ban the sale of dogs through auctions or raffles, as well as all trafficking in dogs from out-of-state auctions.
New York City officials, including
Brooklyn Democratic Rep. Yvette Clarke, are arguing that the city's
“Stop and Frisk” policy is racist. The policy allows police to
stop an individual and pat him or her down for contraband if they
suspect illegal activity. From USA Today:
Clarke says the program, known as "Stop, Question and Frisk" or "Stop and Frisk," amounts to racial profiling. It is based on a 1968 Supreme Court ruling that police could stop people on the basis of "reasonable suspicion."
Last month, U.S. District Court Judge Shira Scheindlin approved class-action status for a lawsuit that alleges the practice subjects people to race-based illegal searches.
President Obama's health care law helped
6.6 million young adults stay on their parents' plans during the
first year and a half.
Rick Santorum has formed a new conservative organization aiming to recruit 1 million supporters to help get Barack Obama out of the While House. No word on how Santorum's “Patriot Voices” group will differ from the tea party patriots.
NASA says it has spotted the universe's first objects.
Black members of the Netherlands soccer team were subjected to
racist chants at their Euro 2012 practice facility in Krakow, Poland.
The team says fans were making monkey chants at the players.
LeBron James scored 45 points to lead the Miami Heat over the Boston Celtics last night, forcing a deciding Game 7 for the Eastern Conference championship. The Oklahoma Thunder await in the NBA Finals.
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.
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.”