On Monday, Judge Carl Stitch is scheduled to rule on a motion to grant a temporary restraining order to stop the Requiem from being evicted from the building. The complaint states that the Emery Center Corporation asked Requiem to vacate the theater by Aug. 3 and has requested that Requiem return its keys to the building. It asks the court to declare that the Requiem is entitled to a long-term lease of the property based on a 2010 agreement that the two sides would work toward a long-term lease.
The Requiem Project is a nonprofit organization that
formed in 2008 to redevelop the Emery Theater, a 1,600-seat,
acoustically pure concert space on Walnut Street in Over-the-Rhine. The
theater entrance is on the west side of the building at the corner of
Walnut and Central Parkway, which includes Coffee Emporium and about 60
Requiem founders Tina Manchise and Tara Gordon have programmed events at the venue during the past few years under
temporary occupancy permits. The theater is not eligible for a permanent certificate of occupancy because it needs significant renovations — it currently doesn't have working plumbing or heat. Still, organizers have produced individual events, sometimes bringing in portable toilets and taking other measures to make the space functional. In April, the
Emery hosted the Contemporary Dance Theater’s 40th anniversary
celebration. It also hosted three nights of live music during last fall’s MidPoint Music Festival, which is owned and operated by CityBeat. MidPoint organizers were unable to secure the venue for this year’s event.
The theater is operated by the Emery Center Corporation (ECC), a nonprofit organization that subleases the theater from the Emery Center Apartments Limited Partnership (ECALP), a for-profit corporation that holds a long-term lease to the building from UC. All three parties — UC, ECC and ECALP — are named as defendants in the complaint.
University of Cincinnati spokesperson Greg Hand declined
to comment, only stating that UC doesn’t have a relationship with the
Requiem Project because Requiem works directly with the ECC, which subleases part of the building from ECALP.
The Requiem Project alleges that the intent all along was for ECC to lease the space to Requiem long-term, not just for Requiem to program events under a management agreement. According to the complaint, the Requiem and ECC in 2010 signed a Letter of Intent, which stated that the ECC would enter into a lease agreement with the Requiem “on substantially similar terms” as the ECC’s current deal with ECALP, the for-profit entity that oversees the rest of the building. That lease, signed in 1999, is for 40-years and renewable for another 40 years after that.
The two sides entered into a management agreement while negotiating the long-term lease, but the lease was never agreed upon. The most recent yearlong management agreement is set to expire Aug. 3.
ECC informed Requiem Jan. 16 that it would not renew the current agreement “for no cause,” according to the complaint.
The complaint alleges that the theater cannot obtain a
permanent certificate of occupancy because ECALP removed the heat and
water systems while renovating part of the building into apartments,
which were developed to raise revenue for the eventual renovation of the
theater. The renovations of the apartments left the theater without
running water, heat, bathrooms or fire escapes, according to the
complaint, which notes that ECC let the theater sit empty between the
time it took over its management in 1999 and when the Requiem Project came
along in 2008. A permanent certificate of occupancy would allow regular programming in the theater, but the venue needs considerable
renovations to qualify.
"UC refuses to even meet with the parties to outline its demands," the complaint states. "ECC and ECALP have stopped replying to Requiem's reasonable proposals."
The hearing is scheduled for 1:45 p.m. Monday.
Vice Mayor Roxanne Qualls, the Greater Cincinnati Port Authority and community partners on Monday unveiled the “Come Home Cincinnati” initiative, which promises to make vacant properties available to new occupants in an effort to increase homeownership and redevelop neighborhoods hit hardest by vacancy and abandonment.
The goal is to establish a residential base that will help jumpstart private redevelopment and revitalize largely abandoned areas of Cincinnati and Hamilton County.
“Just about a year ago, we were in Evanston to talk about their housing strategy for the Woodburn Avenue corridor and what to do about the 200 vacant and abandoned properties in the community,” Qualls said in a statement. “The next logical step on the path to revitalization is to incentivize private market investment in the residential core of our neighborhoods and help to fill the once-abandoned homes with new owner-occupants.”
The initiative will work through the Hamilton County Land Bank, private lenders and community development corporations to connect potential homeowners with a pool of loan guarantees.
Qualls’ office says the plan will likely require tapping into the city’s Focus 52 fund, which finances neighborhood projects.
To qualify for the program, owner-occupants will have to meet minimum credit requirements, agree to live in the rehabilitated home for five years and pay for 5 percent of the total rehabilitation and acquisition costs as a down payment. After five years, the loan will be refinanced at the same or better interest rates to relinquish the city and its partners’ loan guarantee.
The city is eyeing a few potential partners for the initiative, including the Cincinnati Development Fund, Cincinnati Preservation Association, the University of Cincinnati Urban Design Center and neighborhood-specific groups.
The initiative will start with 100 homes in the pilot neighborhoods of Evanston and Walnut Hills, but it will expand to Avondale, College Hill, Madisonville, Northside, Price Hill and South Cumminsville as resources grow. It will work in conjunction with the Moving Ohio Forward demolition grant program, which allows the city and Hamilton County Land Bank to tear down blighted and vacant buildings.
At the same time, three of the neighborhoods — College Hill, Madisonville and Walnut Hills — are currently trying out form-based code, a special kind of zoning code championed by Qualls that allows developers to more easily pursue projects as long as they stay within a neighborhood’s established goals.
City Council will now need to approve a motion that gives the city administration 60 days to develop a plan and budget for the initiative. The city administration’s proposal will also require City Council approval.
As expected, the ax fell quickly at The Cincinnati Enquirer this week as its parent company demands mass layoffs before year’s end.
In a letter to the Hamilton County Board of Elections, City Councilman P.G. Sittenfeld today asked the Board to extend in-person early voting hours in the county. Council members Roxanne Qualls, Chris Seelbach, Cecil Thomas, Laure Quinlivan, Yvette Simpson and Wendell Young also signed the letter. Council members Christopher Smitherman, an Independent, and Charlie Winburn, a Republican, were notified of the letter Thursday, but they did not agree to sign.
voting will begin on Oct. 2 and run until Nov. 2. If hours are not
extended, polls in Hamilton County will only be open on weekdays between 8 a.m. and 5 p.m. If the Board agrees to Sittenfeld's recommendations,
early voting will be extended to 8 p.m. on weekdays and Saturday
The letter brings home a political controversy that has recently gained national attention. In recent weeks, Democrats have accused state Republicans of extending in-person early voting in predominantly Republican counties and keeping shorter in-person early voting hours in predominantly Democratic counties.
Democrats typically point to Warren County and Butler County — two predominantly Republican counties with extended in-person early voting — and the recent actions of Ohio Secretary of State Jon Husted. In the predominantly Democratic counties of Lucas, Cuyahoga, Summit and Franklin, Husted had to break ties in Boards of Election on the issue of in-person early voting hours. In every case, Husted voted against extending in-person early voting hours.
Jerid Kurtz, spokesperson for Ohio Democratic Party, says the move follows a clear Republican trend: "Every opportunity that presents itself, Republicans take away the right to vote."
Kurtz is referring to Republicans' initial push to end in-person early voting in Ohio. In 2011, Republicans passed two laws — H.B. 194 and H.B. 224 — that ended in-person early voting in the state. After Democrats managed to get enough petition signatures to put the early voting issue on the November ballot, Republicans repealed H.B. 194. However, by not repealing H.B. 224, Republicans have made it so all non-military voters are still disallowed to vote the Saturday, Sunday and Monday before Election Day. Democrats and President Barack Obama have filed a lawsuit to restore those early voting days for all voters, including military personnel and families.
Democrats like Kurtz argue that in-person early voting is necessary to maintain reliable, efficient elections. In 2004, Ohio did not have in-person early voting in place, and the state drew national attention when its long voting lines forced some people to wait as long as 10 hours to vote. After the debacle, a Republican-controlled legislature and Gov. Bob Taft, also a Republican, passed laws allowing in-person early voting.
now Republicans seem skeptical of their own laws.
Republicans say the measures are meant to cut costs and stop voter
fraud, but Democrats say the measures are all about suppressing the vote. In
a moment of honesty, former Florida Republican Chairman Jim Greer told
MSNBC that the measures are about disenfranchising demographics that typically side with Democrats. Even Game of Thrones author George R.R. Martin has stepped in to criticize Republicans for what he sees as disenfranchisement.
Husted told reporters at Cleveland's The Plain Dealer that he is considering establishing uniform rules. With such rules, every county would have the same in-person early voting hours.But Kurtz says the talk about a uniform rule is "pure silliness." He says counties have differences, so they need different voting times. Instead of worrying about uniformity or what counties can afford, Kurtz says Husted should worry managing elections and "empowering people to vote."
The calls for extended early voting come a time when Hamilton County is facing budget issues. With a $20 million budget shortfall projected for next year, affording more early voting hours might be difficult. No official estimate has been released on how much the extended hours would cost.
The Hamilton County Board of Elections will meet Thursday at 9 a.m. to discuss extending in-person early voting hours.
Limitations imposed by Ohio lawmakers who oppose the Affordable Care Act (“Obamacare”) have forced Cincinnati Children’s Hospital Medical Center to give up a $124,419 federal grant that would have gone toward helping uninsured Ohioans navigate new online marketplaces for health insurance.
Specifically, the state law, which Gov. John Kasich signed on April 30 and went into effect on July 30, excludes any organization that receives payments from a health care payer, such as an insurance company, from being designated as a “navigator.”
The designation is necessary for Cincinnati Children’s Hospital to receive the federal grant, which is part of national outreach efforts to enroll as many Americans, especially young adults, into Obamacare’s online marketplaces when they open for enrollment on Oct. 1.
Without the designation, Cincinnati Children’s Hospital was forced to give up the federal money, Cincinnati Children’s Hospital spokesperson Terry Loftus told CityBeat.
State legislators passed the restrictions to clarify regulations on navigators that avoid potential abuses and conflicts of interest.
But Obamacare’s supporters claim the state law is part of a nationwide effort from state and federal Republicans to make Obamacare more difficult to implement.
The federal government intends to sign up 7 million people into Obamacare’s online marketplaces, but 2.7 million have to be young adults to keep costs low. Otherwise, older, less healthy Americans will fill up the marketplaces, exhaust health services and drive up costs.
Supporters of Obamacare acknowledge that signing up so many young adults will be difficult, so they’ve taken to national and state-by-state education campaigns that tell young adults about the benefits and cost savings made available through the president’s signature health care law. These campaigns are being headed by various organizations that have been dubbed “navigators.”
But opponents, particularly Republicans, are preventing some of the efforts by investigating navigators and passing legislation in state governments that limits what navigators can do and who can be classified as a navigator.
Most recently, Republicans in the U.S. House Energy and Commerce Committee sent a letter to groups participating in the navigator program with a series of accusations and questions.
“This is a blatant and shameful attempt to intimidate groups who will be working to inform Americans about their new health insurance options and help them enroll in coverage, just like Medicare counselors have been doing for years,” Erin Shields Britt, spokesperson for the U.S. Department of Health and Human Services, told The Hill.
For the uninsured, not knowing about the online marketplaces could mean losing out on opportunities to obtain health insurance at lower costs. Recent reports have found that Obamacare’s online marketplaces and tax subsidies will lower costs for Ohioans in the individual health care market.
An Aug. 29 study from the RAND Corporation, a reputable think tank, found health care premiums will rise to an average of $5,312 under Obamacare in 2016. Without the law, premiums would reach an average of $3,973 that year. But when Obamacare’s tax credits are plugged in, the average Ohioan will only pay a premium of $3,131 — $842 less than he or she would pay without the law.
Avik Roy, a conservative health care economist and prominent critic of Obamacare, found even better results for Ohio. His model found premiums will drop by 30 percent in Ohio, although they’ll rise by 24 percent on average for 13 states, including Ohio, and the District of Columbia as a whole. Unlike RAND, Roy’s calculations don’t take subsidies into account, so the final cost for the average Ohioan is likely much lower.
The numbers only apply to Ohioans in the individual health insurance market. Under Obamacare, individuals will be able to enroll for health insurance through an online marketplace. The majority of Americans who get health insurance through their employers or public programs fall under different rules and regulations.
It’s unclear how much Republican opposition will ultimately play into the numbers. But for Cincinnati Children’s Hospital, it means $124,419 less to help its neediest, less knowledgeable patients.
In the first town hall-style event of the 2012 campaign, President Barack Obama fielded questions on Monday about rights for the LGBT community, what he would do for small business during a second term and which was his favorite Girl Scout cookie (Thin Mints).
Obama — the first Democrat to carry Hamilton County since Lyndon Baines Johnson — held a packed town hall meeting at Music Hall. Cincinnati Fire Department Capt. Joseph E. Wolf estimated the crowd at 1,200 people in the ballroom with an additional 421 hosted outside.
The most recent Quinnipiac University poll from June 27 showed that 47 percent of Ohio voters favored the president, while 38 percent were behind his presumed Republican challenger Mitt Romney. The poll’s margin of error was plus or minus 2.8 percentage points.
Mayor Mark Mallory fired up the crowd before the president spoke, saying Hamilton County is the most important county in Ohio, and Cincinnati the most important city in the county.
“The folks in this room are the most important folks in terms of the re-election of President Barack Obama in the United States of America,” Mallory said.
Attending the town hall was former Cincinnati mayor and daytime TV host Jerry Springer, who said he and about a dozen other folks had a private meeting with the president earlier in the day.
"I think it would be bad for the country," Springer said of an America that saw Obama lose the November election. He says the Republican-controlled house would run away with our country without a Democrat in the Oval Office to issue a veto.
Just an hour before the president spoke and seven blocks away at Fountain Square, dozens of Romney supporters rallied, carrying signs with slogans such as “Obama Bin Lyin’.”
Republican Mike Wilson, who is looking to unseat Montgomery Democrat Rep. Connie Pillich in the Ohio House of Representatives, was among the speakers at the Romney Rally. Pillich defeated Wilson in the 2010 election.
"Ohio seems destined to play a pivotal role. We're used to it," Wilson said.
Wilson criticized the Obama campaign for “playing politics” with Romney’s tenure at the head of investment firm Bain Capital.
The Obama campaign has claimed that Romney invested in businesses that outsourced American jobs.
“We're all interested with what Romney did with his money, but we're not interested with what Obama is doing with our money," Wilson said.
He blamed over-regulation and taxation from the Obama administration for companies moving their operations overseas.
Gerry Molt, who attended the rally with his wife Roxanne, claimed that Obama is at war with America and says the focus on Bain Capital is “clearly a distraction.”
Roxanne Molt said she’s excited about the importance of Hamilton County in this year’s election.
“I think this is the premier election of our lifetime,” she said. “I think Romney’s got a good plan. We need someone who supports capitalism.”
The president did a little bit to support Cincinnati capitalism, making a pit stop at Skyline Chili before the town hall, where he ordered a 4-way and two cheese coneys.
The economy was a big focus of Obama’s speech, but also of questions he received afterward.
Tony White, who owns a barber shop/beauty salon, asked what the president would do for small businesses with fewer than 10 employees.
In his response, the president touted the possible savings for small businesses under the health care overhaul, saying they could pool together and receive the same rates as larger businesses. As for moving forward, Obama said he would continue to put pressure on banks to lend to small businesses.
“We’ve actually been pushing the banks to say, ‘look, taxpayers pulled your backside out of the fire, it’s now important for you to step up and make sure that small businesses aren’t finding their credit restricted, especially if they’ve been in business for a while,” he said.
The president was also asked by a woman who only identified herself as Anna what he would do to further help the LGBT community. Anna’s son Adam is openly gay and is looking at attending Miami University in Oxford.
Despite earlier teasing that he wouldn’t sing at the town hall, Obama led the crown in singing “Happy Birthday” to Adam, who turned 18 on Monday.
Obama again answered the question by touting his accomplishments so far — ending the “Don’t Ask, Don’t Tell” policy that forbid homosexuals from serving openly in the military and expanding hospital visitation rights to same-sex partners — before going on to say that the federal Defense of Marriage Act needs to be repealed.
The Defense of Marriage Act defines marriage as between one man and one woman. Obama is the first American president to openly support gay marriage.
The theme the president to which continued to return was that America needs to return to being the land of opportunity.
“What really sets us apart has always been that we have the greatest middle class and a basic idea that’s at the heart of this country that says if you work hard then you can get ahead. If you’re responsive, then you can live out your dreams. You’re not confined to the circumstances of your birth.”
German Lopez contributed to this report.
The ruling means the case could restart, potentially setting Cincinnati Union Bethel, which owns the inn, and Western & Southern on another path of court hearings and appeals that will take up taxpayer money and the courts’ time — all because Western & Southern is bitter it didn’t purchase the Anna Louise Inn when given the opportunity.
By agreeing with the lower court that Cincinnati Union Bethel filed an incomplete application, the appeals court is now asking the owners of the Anna Louise Inn to resubmit their
funding requests to the city of Cincinnati — except this time Cincinnati Union Bethel
will have to include details about previously omitted parts of the Anna Louise Inn and the Off
the Streets program.
But Tim Burke, Cincinnati Union Bethel’s attorney, is hopeful the process will not have to restart. He says Cincinnati Union Bethel already carried out the appeals court’s requirements. After Hamilton County Judge Norbert Nadel handed down his May 4 ruling against the Anna Louise Inn, Cincinnati Union Bethel started a second chain of zoning and permit applications to obtain a conditional use permit that met Nadel’s specifications. So far, the 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.
Burke and Cincinnati Union Bethel hope to meet with Nadel Monday to make their case. If they’re successful, they’ll stave off another series of court hearings and appeals.
Burke says the case has been a uniquely negative experience — previously calling it one of the most frustrating of his career. He says Western & Southern’s actions are pure obstructionism: “They benefit from delays, and that’s all they’re trying to do.”
Cincinnati Union Bethel wants to use city funds to help finance $13 million in renovations for the Anna Louise Inn, which are necessary to keep the building open and functional.
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.
Western & Southern previously supported the Anna Louise Inn and the Off the Streets program with direct donations, but the friendly relations abruptly ended when Cincinnati Union Bethel refused to sell the building to Western & Southern, instead opting to renovate the Inn. At that point, Western & Southern began a series of legal challenges meant to obstruct Cincinnati Union Bethel’s renovation plans.
The zoning debate centers around whether the Anna Louise
Inn qualifies as a “special assistance shelter” or “transitional
housing.” The Anna Louise Inn originally claimed to be transitional
housing, but Nadel ruled the building is a special assistance
shelter. After that ruling, Cincinnati Union Bethel obtained a conditional use permit for the new classification, but Western & Southern is now disputing the approval of that permit.
For more information about this ongoing dispute, visit CityBeat's collection of coverage here.
“The First Energy Family has contributed more than $44,000.00 into re-election campaigns for Justices Cupp and O’Donnell this year alone,” O’Neill, a Democrat who is running for the Ohio Supreme Court, wrote. “It is simply wrong for them to continue sitting on First Energy cases.”
The Ohio Supreme Court, which has seven justices decide
the state’s top judicial cases, is currently handling a case
involving FirstEnergy, an energy company based in Akron. More than
300,000 customers are suing the company over alleged fraud. The 11th
District Court of Appeals previously ruled against FirstEnergy, and the case was appealed to the Ohio Supreme Court.
The lawsuit is the fifth Ohio Supreme Court case involving FirstEnergy this year.
O’Neill pointed out the lawsuit “could easily be a billion dollar case” before writing, “And the public has a right to know that the ruling was not purchased by one side or another.”
Ohio Sen. Mike Skindell, a Democrat who is also running for the Ohio Supreme Court, endorsed O’Neill’s letter. In the past, he also criticized Cupp and O’Donnell for potential conflicts of interest.
The offices of Cupp and O'Donnell did not immediately respond to CityBeat's requests for comment on the letter. This story will be updated if responses become available.
UPDATE OCT. 4, 4:12 P.M.: Mark Weaver, spokesperson for Cupp, responded: “Mr. O'Neill previously raised this argument with disciplinary authorities by filing a complaint. It was reviewed by disciplinary authorities, and they unanimously dismissed it as having no merit.”
City Solicitor John Curp and Ohio Ethics Commission Executive Director Paul Nick said in an Oct. 22 email exchange that it was OK for Vice Mayor Roxanne Qualls to retain her job as a realtor and vote in support of the streetcar project, even though the project could indirectly benefit Qualls by increasing property values — and therefore her compensation as a realtor — along the route.
The email exchange was provided to CityBeat and other media outlets after mayoral candidate John Cranley criticized Qualls, who is also running for mayor, for the alleged conflict of interest at an Oct. 22 press conference.
Curp stated in an email to Nick that Qualls’ potential gains from the streetcar project are too speculative and indirect to present a conflict of interest or ethical violation because the real estate sales are “arms-length transactions between private parties” with a flat 1 to 2 percent fee.
Nick’s emailed response cited two previous Ohio Ethics Commission opinions to support Curp’s analysis.
“It would be unreasonable to hold that lawyers, accountants, insurance agents, and other professionals have an interest in the contracts of their business clients. In general, such professionals are not deemed to be interested in the business dealings of a client, merely because they receive fees for professional services,” according to a February 1986 opinion.
The opinion then clarifies that ethics violations must be directly tied to a project. For example, an insurance agent on City Council would violate ethics law if he or she voted on a construction contract in which his or her insurance agency is charged with handling bond sales for the contract in some way.
Curp also noted that Qualls had asked about the potential conflict of interest on “a minimum of two prior occasions.”
Nick told CityBeat in a phone interview that it’s normal for city officials to go through city solicitors before going to the Ohio Ethics Commission with an ethical question. If the city solicitor and commission agree a formal analysis isn’t necessary, the situation is resolved with brief guidance.
For Cranley, the concerns suggest a contradiction to his previously touted beliefs about the streetcar.
Supporters of the streetcar project, including Qualls,
often tout potential property value increases and the economic gains
they would bring to Cincinnati as a reason to back the project. The economic gains were supported by studies from consulting firm HDR and the University of Cincinnati, which found the streetcar would produce a three-to-one return on investment in Over-the-Rhine and downtown.
Critics, including Cranley, say such property value increases are overblown to falsely justify what they call a “pet project.”
But if the property values never materialize, Qualls isn’t financially benefiting in the way Cranley’s campaign described.