CityBeat Blogs - Courts http://www.citybeat.com/cincinnati/blogs-1-1-1-34-88.html <![CDATA[Update: Protest Marchers Will be Released for Weekend]]>

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: At least 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 earlier today.

Russell says it’s not necessarily the judge’s fault the situation has happened. Others, however, feel like the delay was meant to send a message to future protesters.

“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 held Nov. 27 for protesters arrested during a Ferguson solidarity march still in jail after posting bond
Nick Swartsell

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," said I'm surprised my parents didn't come,"  "They were very happy this was happening," he said of the vigil. 

Nick Swartsell

 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.

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<![CDATA[Man Wrongfully Imprisoned for 39 Years Thanks UC Program ]]>

Ricky Jackson was just 20 and fresh out of the Marines when he went to jail for murder in 1975. Authorities pinned the killing of Harold Franks, a fifty nine-year-old money order clerk in Cleveland, on Jackson and two of his friends, brothers Wiley and Ronnie Bridgeman. The conviction came on the testimony of a single twelve-year-old boy with bad eyesight and a confused story.

He spent the next 39 years in prison for a crime he didn’t commit.

Jackson was released last Friday, the last of the trio to be freed after that witness, Eddie Vernon, admitted he made up his testimony under police pressure. Today, Jackson was in Cincinnati to thank those who worked tirelessly to help free him.

“I would have walked if it would have come to that,” Jackson said to a packed house on University of Cincinnati's campus. “I wanted to come meet the people instrumental in saving my life.”

The Ohio Innocence Project, which runs out of University of Cincinnati’s College of Law, has been working on Jackson's case since 2010, digging for years to get public records about the case.  A Cleveland Scene article in 2011 focused more attention on the story as well. Since those beginnings, OIP has played a huge role in getting Jackson exonerated.

OIP was founded in 2003 to investigate and litigate cases where prisoners have been wrongly convicted and imprisoned. The group is made up of UC Law professors and students who use DNA evidence, new witnesses, evidence of police misconduct, and other information to exonerate wrongfully convicted inmates. In just over a decade, they’ve helped free 18 inmates who were wrongfully convicted of murder and other charges. Jackson is the longest-serving inmate in Ohio to be exonerated.

Jackson’s codefendant Ronnie Bridgeman was paroled in 2010, but Jackson’s parole board continued to keep him in prison. Jackson says parole boards wanted him to admit guilt and express regret for the crime before they released him. The only problem was, he was innocent.

“I was on the cusp a lot of times,” he said of confessing. “It seemed like, to me, the only way I was going to get out was to admit guilt. But there was a lot more at stake than just me saying I committed the crime when I know I didn’t. That man’s family gets no justice, I get no justice… at the end of the day I just couldn’t lay down with that in my heart.”

He passed the time by staying fit and helping run the prison’s horticultural project. He ran a greenhouse, something he enjoyed immensely. Still, the time was wearing on him.

“After my last parole board hearing, I was really at an all time low,” he said. “I’m running out of time. I’m 57. How much time to do I really have left? I hate to use this cliché, but they came through like a knight in shining armor. When I was at my eleventh hour, didn’t know what direction I was going to take… these guys came.”

Mark Godsey, director of the Ohio Innocence Project, says Jackson was steadfast in his innocence. He recalls first meeting Jackson at a recent hearing on his request for a new trial in light of witness Vernon recanting his testimony. Prosecutors were offering Jackson a deal — once again, if he would say he was guilty, he could walk free.

“He just looked at us and said, ‘I don’t need anymore time to think about it. I will not take that deal,' ” Godsey recalls. Prosecutors soon conceded that without their only witness, they had no case. Jackson was free.

There are challenges ahead, to be sure. He spent many of his formative years — when most people go to college, start careers, and build families — behind bars.

The OIP is stepping in again with assistance. The group has raised nearly $43,000 to help Jackson get a new start. They’re also fighting the state of Ohio to get a settlement for him based on his wrongful conviction. That could be huge — $40,000 for every year he was imprisoned, plus lost wages and other damages. But it’s not guaranteed. Sometimes, prosecutors fight against these settlements. So far, the Cuyahoga County Prosecutor’s office has not officially acknowledged that Jackson is innocent or that they were wrongly imprisoned.

In the meantime, Jackson says he’s not sure just yet what he’ll do. But he says he’s up for the challenge of building a life.

“It’s not difficult at all," he said. "Compared to what I just came from, this is beautiful.”

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<![CDATA[Federal Court Upholds Region's Same-Sex Marriage Bans]]>

The Cincinnati-based 6th Circuit U.S. Court of Appeals yesterday upheld laws banning same-sex marriage in Ohio, Kentucky, Michigan and Tennessee.  

The 2-1 decision covers six cases in those four states brought by a total of 16 couples. Among them are Cincinnati residents Brittani Henry-Rogers and Brittni Rogers, who are fighting so both can be listed as parents on their son’s birth certificate. James Obergefell of Cincinnati is also involved, asking courts for the right to be listed on his husband Jim Arthur’s death certificate. Earlier, a lower district court found in their favor.

“We just want to be treated as a family, because we are a family,” Henry-Rogers said in an August interview after the 6th Circuit hearings.

Justices Deborah Cook and Jeffery Sutton ruled that the debate over same-sex marriage is best decided by voters, not by the court. Justice Martha Daughtrey dissented.

“When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers,” Sutton wrote in the majority opinion. “Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way."

The case is a somewhat surprising setback for same-sex marriage advocates, who had been on a winning streak in federal courts. The 4th, 7th, 9th and 10th Circuit Courts have previously struck down laws in a number of states banning same-sex marriage. Gay marriage is now legal in 32 states and the District of Columbia.

"This decision is an outlier that’s incompatible with the 50 other rulings that uphold fairness for all families, as well as with the Supreme Court’s decision to let marriage equality rulings stand in Indiana, Wisconsin, Utah, Oklahoma and Virginia,” said American Civil Liberties Union attorney Chase Strangio in a statement yesterday. “It is shameful and wrong that John Arthur’s death certificate may have to be revised to list him as single and erase his husband’s name as his surviving spouse.”

Ohio Attorney General Mike DeWine represented the state in the case. His office said in a statement it was "pleased the court agreed with our arguments that important issues such as these should be determined through the democratic process."

The decision leaves intact Ohio’s 2004 constitutional amendment banning same-sex marriage, at least for now. That’s created a split in federal court rulings among various circuit courts, something the Supreme Court will most likely have to sort out. Some legal experts think the Supreme Court will ultimately find same-sex marriage bans unconstitutional under the 14th Amendment. The court has refused to hear appeals to lower court decisions striking down bans, leading many to think a majority of the court supports legalization.

Strangio said the ACLU will be filing for Supreme Court consideration. Attorney Al Gerhardstein, who represents the Ohio couples, has said he will be working to bring the case to the nation's highest court as well. Other advocacy organizations have also vowed to continue the fight.

“Now, more than ever before, the Supreme Court of the United States must take up the issue and decide once and for all whether the Constitution allows for such blatant discrimination,” said Human Rights Coalition President Chad Griffin. “We believe that justice and equality will prevail.”

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<![CDATA[Federal Judge Strikes Down Kentucky Gay Marriage Ban]]>

A federal judge today ruled Kentucky’s ban on gay marriage is unconstitutional. But same-sex couples in the state can’t get marriage licenses just yet. 

U.S. District Judge John G. Heyburn II ruled that a 2004 amendment to Kentucky's state constitution prohibiting same-sex marriage violates the guarantee of equal protection under the law found in the U.S. constitution.

It's another sign that the tide may be turning in the region. The decision comes as a similar ban looks to be in serious legal trouble in Indiana, and just before an August federal court date that will decide questions surrounding the issue in Ohio and other states. Since February last year, federal courts have upheld the right to marry for same-sex couples 19 times.

The decision came in response to a challenge to Kentucky’s ban by two same-sex couples. Maurice Blanchard and Dominique James were denied a marriage license on Jan. 2013. They were charged with trespassing after refusing to leave the Jefferson County Clerk’s office after being turned down for their license. A jury eventually found them guilty, though the two were fined only $1. The two other plaintiffs in the case, Timothy Love and Lawrence Ysunza, applied for a license in February 2013. The two have lived together for 34 years.

The plaintiffs and other same-sex couples looking to marry will have to wait a little longer, though. Heyburn has delayed implementation of his decision until after Aug. 6, when a higher court, the 6th Circuit U.S. Court of Appeals, will hear several gay marriage cases from Kentucky, Ohio and two other states. Those cases will be heard in Cincinnati.

Heyburn, who in February also ruled that the state must recognize same-sex marriages from other states, rejected Kentucky’s reasons for its ban. Lawyers hired by the Kentucky Gov. Steve Beshear argued that traditional marriage helps ensure economic stability and a favorable birth rate in the state. The state’s Attorney General Jack Conway refused to defend the law on behalf of the state.

“These arguments are not those of serious people,” Heyburn said in his decision. He said there is “no conceivable, legitimate purpose” for the ban, which keeps same-sex couples in the state from enjoying the economic, social and emotional benefits of marriage. These include tax benefits, the ability to share insurance, the ability to adopt children as a couple and other rights.

The ruling continues a wave of recent decisions by federal courts upholding marriage rights for same-sex couples. But there’s still uncertainty even as the tide shifts. Most recently, on June 25, a judge struck down Indiana’s ban, allowing same-sex couples to immediately apply for marriage licenses. That decision was overturned a few days later on appeal, and couples who married in the three-day window are now waiting for a final decision to see if their marriages are valid in the state’s eyes. Currently, 19 states and the District of Columbia allow same-sex marriage.

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<![CDATA[Courts: Ohio Agency Owes Area Businesses Big]]> What do the Cincinnati Ballet, Jungle Jim’s and the YWCA have in common? Last month, an Ohio court upheld a ruling that the Ohio Bureau of Workers Compensation has been overcharging these and thousands of other businesses and organizations in the state. Meanwhile, the BWC cut rates for other employers who were part of preferred groups, Ohio’s 8th District Appellate Court said.

Now an advocacy organization is pushing for the BWC to pay back the difference.

While the ins and outs of the rates are complicated, the underlying concept is fairly straightforward: Worker’s compensation functions as a kind of insurance for employers. If an employee gets hurt on the job, worker’s comp will pay for lost wages and medical costs so long as the business is current on its monthly workers comp payment. A lawsuit brought by some employers receiving higher rates charged that those rates were unfair, even forcing some employers into bankruptcy.

The courts have agreed. The appellate court’s decision upholds an earlier ruling against the BWC by the Cuyahoga County Court of Common Pleas.

The courts ruled the BWC, along with lobbyists of some favored businesses, rigged workers compensation rates so that some companies picked to be designated “group rate employers” received what the court called “excessive, undeserved premium discounts” on their workers compensation insurance plans. Where did the money for those discounts come from? According to the court, from businesses who were not part of the special group rate. Those businesses paid almost $860 million extra on their workers compensation plans.  

BWC hasn’t started paying back the money, and head Steven Buehner told a Cleveland news outlet last week that the agency will appeal the ruling to the Ohio Supreme Court. It has until June 30 to do so.

Buehner says the agency’s rates simply reflect the nature of providing insurance — that low-risk customers receive lower rates than higher-risk clients. Buehner said there isn’t some big pot of money somewhere that the BWC is sitting on and that it hasn’t cheated anyone out of any funds.

If the court’s ruling holds, the BWC will owe more than 100 Cincinnati-area employers $100,000 or more, including a number of nonprofits and arts organizations. All told, the BWC could owe area businesses more than $100 million. Progress Ohio, an advocacy group, has asked Gov. John Kasich to act and make sure the BWC pays the money back.

According to Progress Ohio, which is advocating for the employers in question, the BWC could owe the Cincinnati Ballet more than $300,000, Cincinnati Playhouse in the Park nearly $150,000 and the Cincinnati YMCA $140,000. BAE, a British-owned security and armaments business with a plant in Fairfield, is the area employer owed the largest amount of money; according to the advocacy organization, the BWC charged BAE more than $1.4 million extra in premiums.

The Cincinnati YWCA is also owed payback — about $14,000. The organization told WCPO earlier this week it will be "thrilled" to get that money back so it can use it to help women and children in need.

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<![CDATA[Ohio Supreme Court Orders Rape Flier Records Unsealed]]>

The Ohio Supreme Court ruled June 5 that a Butler County judge acted improperly when he sealed records relating to a 2012 rape flier posted at Miami University.

Judge Robert Lyons ordered the records sealed after a student at Miami University was charged with and pleaded guilty to disorderly conduct for posting a flier listing the "Top Ten Ways to Get Away with Rape" in a coed residence hall bathroom at the school.

When sealing the record, however, Lyons cited a law pertaining to sealing cases that don't reach a conviction, an error that he acknowledged later. 

The case drew national attention, in part due to the graphic nature of the list, which included pointers like "If your [sic] afraid the girl will identify you slit her throat." It also drew scrutiny for Lyons' unusual move making the records in the case, and thus the student's name, unavailable to the public.

The Cincinnati Enquirer sued to have the records released. After the suit was filed, Lyons allowed the student to withdraw his guilty plea. The state of Ohio then dropped its case against the student, and Lyons sealed the case again under the same law he had cited previously.

Misdemeanors require a one-year waiting period before cases can be sealed. Judge Lyons argued that this isn't the case for minor misdemeanors like disorderly conduct and that no waiting period applied. In a 5-2 ruling, the Ohio Supreme Court disagreed, holding that there is no such distinction.

The student left Miami shortly after the incident.

You can find the full text of the court's decision here.

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<![CDATA[Lawsuit: End Same-Sex Discrimination on Birth Certificates]]>

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:


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<![CDATA[Morning News and Stuff]]>

Democratic gubernatorial candidate Ed FitzGerald on Friday announced his new running mate: Sharen Neuhardt, a Dayton-area business attorney and twice-failed candidate for Congress. The choice boosts the ticket’s credentials with women and abortion-rights advocates, but it also reinforces support for pro-choice policies that upset many Republicans and conservatives. FitzGerald originally picked State Sen. Eric Kearney as his running mate, but Kearney dropped out of the race after multiple media reports uncovered he owed more than $800,000 in tax debt. CityBeat covered the gubernatorial race and how the economy could play into it in further detail here.

Mayor John Cranley on Friday reiterated his opposition to double dipping, even though he supports hiring an assistant city manager who will take advantage of the practice. Because Bill Moller is a city retiree, he will be eligible to double dip — simultaneously take a salary ($147,000 a year) and pension — when the city hires him in February. Cranley called the practice “abusive” on the campaign trail, but he says it’s up to City Council to pass legislation that prevents it.

Hamilton County Juvenile Court Judge Tracie Hunter on Friday pleaded not guilty to nine felony charges, including accusations of backdating court documents, theft in office and misusing her county credit card. The Ohio Supreme Court on Jan. 10 replaced Hunter until her case is decided. The felony charges are just the latest for the judge, who has been mired in controversy after controversy since before she won her election.

State Rep. Alicia Reece and other activists are pushing an initiative for the November ballot that would embed “voter rights” into the Ohio Constitution. The Democrat-backed constitutional amendment is in direct response to Republican-led attempts to shrink early voting periods and restrict access to the ballot.

A propane gas shortage in some parts of the state led Gov. John Kasich to suspend state and federal laws that keep propane suppliers off the roads on weekends.

State Treasurer Josh Mandel’s failed Senate campaign sold an SUV totaled in March — effectively averting an insurance review that might have clarified the vehicle’s use and insurance status — shortly after questions arose over the continued use of the vehicle months after Mandel’s Senate campaign ended.

Secondhand smoke increases the odds of hospital readmission for children with asthma, according to a study from Cincinnati Children’s Hospital Medical Center and Penn State Milton S. Hershey Children’s Hospital.

Google’s smart contact lens could help diabetics.

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<![CDATA[Morning News and Stuff]]>

The latest administrative shakeups at City Hall spurred controversy after the city administration confirmed City Solicitor John Curp will leave his current position and one of the new hires — Bill Moller, a city retiree who will become assistant city manager — will be able to “double dip” on his pension and salary ($147,000 a year). Councilman P.G. Sittenfeld said on Twitter that City Council will discuss the personnel changes at todays council meeting. The hiring decisions are up to Interim City Manager Scott Stiles, but some council members say they should be more closely informed and involved. (This paragraph was updated after council members called off the special session.)

Hamilton County commissioners plan to vote on a resolution today that attempts to compromise with City Council on controversial contracting rules for Metropolitan Sewer District (MSD) projects. Both the Democrat-controlled city and Republican-controlled county agree the issue needs to be resolved soon so MSD can get on with a $3.2 billion sewer revamp mandated by the federal government. But it remains unclear whether the county’s compromise, which adds some inclusion goals and funding for training programs, will be enough for City Council. In December, Democratic council members refused to do away with the city’s contracting rules, which require MSD contractors to meet stricter job training standards and programs.

Hamilton County Juvenile Court Judge Tracie Hunter was indicted on a ninth felony charge yesterday. The charge — for misusing her county credit card — comes on top of eight other felony counts for allegedly backdating court documents and stealing from office. In response to the first eight charges, the Ohio Supreme Court disqualified Hunter as she fights the accusations and replaced her with a formerly retired judge, who will be aided by the juvenile court’s permanent and visiting judges in addressing Hunter’s expansive backlog of cases.

A bipartisan proposal would allow Ohioans to recall any elected official in the state.

Duke Energy cut a $400,000 check to the Greater Cincinnati Port Authority for redevelopment projects at Bond Hill, Roselawn and Queensgate.

Sixty-two people will be dropped from Hamilton County voter rolls because they didn’t respond to a letter from the board of elections challenging their voting addresses.

It’s official: Democrat Charlie Luken and Republican Ralph Winkler will face off for the Hamilton County Probate Court judgeship.

Facing state cuts to local funding, a Clermont County village annexed its way to higher revenues. But the village has drawn controversy for its tactics because it explicitly absorbed only public property, which isn’t protected from annexation under state law like private property is.

More Ohio inmates earned high school diplomas over the past three years, putting the state ahead of the national average in this area, according to a report from the Correctional Institution Inspection Committee.

Ky. Gov. Steve Beshear says he supports legislative efforts to increase Kentucky’s minimum wage to $10.10 over the next three years.

One Malaysian language describes odors as precisely as English describes colors.

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<![CDATA[Morning News and Stuff]]>

Ohio officials will appeal a court ruling that blocked tougher requirements on minor political parties and allows them to run in the 2014 primary and general elections under previous rules. The Republican-controlled Ohio legislature and Gov. John Kasich approved the stricter rules last year. Democrats and Libertarians argued the new law, which they labeled the John Kasich Re-election Protection Act, was put in place to protect Kasich from conservative electoral challengers upset with his support for the federally funded Medicaid expansion.

The Ohio Supreme Court disqualified Hamilton County Juvenile Judge Tracie Hunter Friday after she was indicted on eight felony charges for, among other accusations, backdating and forging court documents. The disqualification could further burden a court that’s already known for a large backlog of cases. It remains unclear how long Hunter’s case and disqualification will last and whether she’ll be replaced while the legal battle unfolds.

Many streetcar supporters oppose the Oasis rail line and the rest of the Eastern Corridor project. Critics of the project point to a recent study that found the Oasis line would generate low economic development in seven of 10 planned stations. Instead of supporting the Oasis line, Cincinnatians for Progress says local officials should work to first establish a transit line — perhaps through a piece-by-piece approach of the defunct MetroMoves plan that voters rejected in 2002 — that could act as a central spine for a broader light rail network. Opposition to the Oasis line is also rooted in a general movement against the Eastern Corridor project, which some say would expand and rework roads and highways in a way that could damage and divide the East Side and eastern Hamilton County. Officials are taking feedback for the Eastern Corridor and Oasis rail line at EasternCorridor.org.

Hamilton County Commissioner Todd Portune, who might challenge Democratic gubernatorial Ed FitzGerald in the May primary, discussed the gubernatorial race in a nearly 40-minute interview with The Cincinnati Enquirer’s editorial board Friday. View the full interview here.

The U.S. Supreme Court will hear whether groups have the right to sue in a local case that could have broader implications for free-speech rights and limitations. The legal fight between former Rep. Steve Driehaus and the Susan B. Anthony List could resolve whether political campaigns have the right to lie.

As local and state officials work to address the opiate epidemic, a drug history scholar from the University of Cincinnati proposes alternatives to the failing war on drugs.

One drug helps prevent opiate addicts from getting high.

The Ohio Department of Health says flu activity in Ohio is now widespread.

Ohio’s chief justice says it’s time to reform how judges are elected. It remains unclear exactly how Chief Justice Maureen O’Connor would reform the system, but she says she wants to uphold courts’ attempts at impartiality.

Reminder: January is Human Trafficking Awareness Month. Find out more at HumanTrafficking.Ohio.gov.

Ohio gas prices increased in time for the new workweek.

Racism could accelerate aging among black men, according to a new study.

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<![CDATA[Morning News and Stuff]]>

A federal judge halted a controversial election law that limited minor political parties’ access to the ballot and ruled that the state must allow minor parties to participate in the primary and general elections in 2014. But by merely agreeing that only the retroactive restrictions for 2014 are too burdensome for minor parties, the judge left room to keep the law intact for elections in 2015 and beyond. Still, the ruling comes as a major victory for the Libertarian Party of Ohio and other minor parties who took to calling the Republican-backed law the “John Kasich Re-election Protection Act” because it conveniently limited minor parties that are upset with Republican Gov. John Kasich’s support for the Obamacare-funded Medicaid expansion.

Ohio Sen. Rob Portman broke with most of his fellow Republicans yesterday to help advance federal legislation that would extend emergency benefits for the long-term unemployed. Still, he hinted that he would not support the three-month extension if the $6.4 billion cost isn’t covered by federal spending cuts elsewhere. Without the extension, 128,600 Ohioans could lose unemployment benefits through 2014 even as the state economy shows signs of weakening.

Cincinnati Budget Director Lea Eriksen yesterday confirmed she is leaving her high-level city job to take the same job in Long Beach, Calif. Peggy Sandman will fill in for Eriksen while a search for a permanent replacement is held. Eriksen’s announcement comes as a blow to the city but little surprise to political watchers. Shortly before taking office, Mayor John Cranley called Eriksen and other administration officials “incompetent” because of how they handled the $132.8 million streetcar project, even though their estimates for cancellation costs turned out to be mostly on point.

Newsflash: Global warming didn’t stop just because we’re cold now.

The worst of the deep freeze should be over for Ohio.

Cincinnati’s 2013 homicide rate of 25 per 100,000 residents compares to Cleveland at 22, Indianapolis at 14.85, Columbus at 11.24 and Louisville at 8.43.

An Ohio appeals court ruled Cincinnati can change medical benefits for retirees after all.

Construction for the uptown interchange could begin in July and finish in late 2016.

The city announced yesterday that it’s extending its Winter Holiday Trash Amnesty through Jan. 17, which means residents have until then to set out extra trash next to their city-provided trash carts.

Gov. Kasich is asking parents to tell their children about the dangers of drug abuse, as the state works to combat problems with prescription painkillers and heroin.

A Fairfield, Ohio, teacher who was fired for allegedly telling a black student, “We don’t need another black president,” will fight for his job.

Dozens of inmates at the Lebanon Correctional Honor Camp endured frigid conditions Monday evening after one of three furnaces broke, according to the Ohio Department of Rehabilitation and Correction.

A Cincinnati-area medical device firm is in a race with some of the largest pharmaceutical companies in the world to get a painless drug injector on the market.

People are stealing English ferrets used to hunt rabbits.

A survey of brown dwarfs found they’re racked by planet-sized storms of molten iron.

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<![CDATA[Morning News and Stuff]]>

Ohio and various other states passed more abortion restrictions between 2011 and 2013 than they did in the previous decade, according to the Guttmacher Institute. The findings indicate that the latest Republican-backed abortion restrictions, which were passed through Ohio’s two-year state budget last June, were part of a broader trend that’s culminated across the nation since the tea party rose to national prominence in 2010. The trend could play a pivotal political role: Ohio Democrats have made their opposition to the abortion restrictions a central part of their campaigns to unseat Republican incumbents who hold top executive offices in the state.

One of the candidates expected to join the tea party ticket in a Republican primary challenge against Gov. John Kasich appears to have personal tax problems. Brenda Mack, tea party leader Ted Stevenot’s expected running mate, is linked to nearly $60,000 in unpaid state and federal taxes and penalties, according to government records in Mahoning and Cuyahoga counties analyzed by The Columbus Dispatch. Mack refuses to comment on the tax problems until a Tuesday press conference in which she and Stevenot are expected to officially announce their candidacies for the May 6 primary.

Former Mayor Charlie Luken says he will run for Hamilton County probate judge. The Democratic candidate will likely face off against Republican Ted Winkler, a Hamilton County Common Pleas Court judge. Luken recently garnered the public spotlight for his support for Mayor John Cranley’s campaign.

Cincinnati’s homicide rate for victims younger than 18 rose to 1 in 7 in 2013 and 2012, up from 1 in 10 from 2000 through 2011, according to The Cincinnati Enquirer. Four of the juvenile victims were 1-year-old or younger, including a fetus who died after the mother was strangled to death in April.

Four seats on the 19-member Ohio Board of Education remain unfilled, including two seats that have been vacant for months, long past the 30-day deadline Gov. Kasich has under state law to name a replacement. Administration officials said they’re aware of the deadline, but they intend to find the best fit for the position before moving forward with an appointment. “It’s far more important to us to find the right person than putting warm bodies on the board,” Kasich spokesperson Rob Nichols told The Columbus Dispatch.

The amount of untested rape kits submitted to Ohio’s Bureau of Criminal Investigation exceeded 5,000.

Fewer than 1,000 died last year in traffic crashes across Ohio, the lowest number since the state began keeping track of the fatalities in 1936.

Bill Nye the Science Guy will debate evolution and biblical creationism at northern Kentucky’s Creation Museum on Feb. 4. Evolution is a scientific fact, but Creation Museum leader Ken Ham denies its existence.

Aaron Betsky announced yesterday he will step down as director of the Cincinnati Art Museum. The news follows Betsky’s controversial comments against the streetcar project in ArchitectMagazine.com, which Betsky expanded on in a separate blog post. CityBeat recently interviewed Betsky here.

The Cincinnati Bengals received an extension until 4 p.m. today to sell out tickets for Sunday’s game and avoid a television blackout in the Cincinnati area.

Strange lights sometimes precede earthquakes.

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<![CDATA[Gannett Weekly Loses Appeal in Defamation Suit]]>

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."

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<![CDATA[Supreme Court Expedites Medicaid Expansion Case]]>

The Ohio Supreme Court on Thursday expedited the 1851 Center for Constitutional Law’s challenge against the federally funded Medicaid expansion, which Republican Gov. John Kasich pushed through the Controlling Board, a seven-member legislative panel, despite resistance from the Ohio legislature.

The case will decide whether Kasich was constitutionally allowed to bypass the legislature to expand Medicaid eligibility to more low-income Ohioans. The 1851 Center says the Controlling Board isn’t allowed to go against the will of the legislature. The Kasich administration argues the Controlling Board can unilaterally accept federal funds.

With the case now expedited, both sides will submit their arguments on the merits of the case to the state’s highest court by Dec. 1.

Kasich tried for most of 2013 to get the expansion approved by the Ohio House and Senate, but he couldn’t convince Republican legislators, who control both chambers, to approve the plan.

But instead of accepting defeat, Kasich asked the Controlling Board to take up federal funds for the expansion. The board approved the funds on Oct. 21.

The legal complaint was filed on Oct. 22 on behalf of Republican State Reps. Matt Lynch, Ron Young, Andy Thompson, Ron Maag, John Becker and Ron Hood, Cleveland Right to Life and Right to Life of Greater Cincinnati.

Kasich, in a rare alliance with Democrats, says the Medicaid expansion is necessary to insure more low-income Ohioans and obtain federal Obamacare dollars that would go to other states if Ohio declined the expansion.

But Republican legislators say they’re concerned about the government’s involvement in the health care system and whether the federal government can afford to pay for the Medicaid expansion.

Under Obamacare, states are asked to expand Medicaid eligibility to reach anyone up to 138 percent of the federal poverty level, or individuals with an annual income of $15,856.20 or less. If states accept, the federal government will pay for the entire expansion through fiscal year 2016 then gradually phase down its payments to 90 percent of the expansion. In comparison, the Kaiser Family Foundation found the federal government paid for nearly 64 percent of Ohio’s Medicaid program in fiscal year 2013.

The expansion would fill a so-called “coverage gap” under Obamacare and Ohio law. Without it, parents with incomes between 90 percent and 100 percent of the federal poverty level and childless adults with incomes below 100 percent of the federal poverty level won’t qualify for either Obamacare’s tax credits or Medicaid.

The Health Policy Institute of Ohio (HPIO) previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If the expansion is approved beyond that, HPIO says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.

If the Ohio Supreme Court upholds the Controlling Board’s decision, the Medicaid expansion will go into effect in 2014 and cost the federal government nearly $2.6 billion, according to the Ohio Department of Medicaid.

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<![CDATA[Morning News and Stuff]]>

During his final state of the city address yesterday, Mayor Mark Mallory touted Cincinnati’s nationally recognized economic turnaround, which began during his eight years as mayor. He also fought back against the neighborhoods-versus-downtown rhetoric that has permeated on the campaign trail in the past year; he pointed out that throughout his past two terms the city government both invested $529 million in neighborhoods and oversaw the revitalization of downtown and Over-the-Rhine. Looking to the future, Mallory said the city should use its federally mandated overhaul of the sewer system as an opportunity to bring in private investment that could revitalize the West Side and help build a bridge from the West Side to Kentucky, near the airport.

A new report found the Museum Center could wean itself off taxes, but the report says it should first more than triple its endowment and, perhaps by applying for historic tax credits, rebuild its crumbling Union Terminal home. The report comes at the request of county commissioners, who are discussing whether they should allow a property tax levy on the May ballot to help the museum. It finds that if Union Terminal is repaired and restored, the museum could afford to operate without taxpayer help.

If county commissioners agree to make the payment today, Hamilton County could get a 4-percent break on its $920,501 legal bill to Democratic Juvenile Court Judge Tracie Hunter and her legal team. The Hamilton County Board of Elections racked up the bill for the county after the board decided to contest Hunter’s legal challenge to count more than one-third of previously discarded provisional ballots, which were enough to turn the juvenile court election in Hunter’s favor. Hunter’s opponent at the time, Republican John Williams, eventually won a seat on the juvenile court through a different election.

City Council candidates have raised $2 million in the ongoing election cycle.

Ohio Secretary of State Jon Husted says that his office, with the help of county boards of election, has virtually eliminated duplicate voters from the rolls.

Traffic deaths in Ohio could hit a record low in 2013.

Graeter’s plans to open an ice cream parlor in Over-the-Rhine.

Here are seven gorgeous images of space from NASA.

Early voting is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended. If you don’t vote early, you can still vote on Election Day (Nov. 5). Check out CityBeat’s coverage and endorsements for the 2013 election here.

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<![CDATA[Morning News and Stuff]]>

A seven-member legislative board yesterday accepted federal funding made available through Obamacare to expand Ohio’s Medicaid program to cover more low-income Ohioans for the next two years. Gov. John Kasich went through the Controlling Board, an obscure panel that typically handles less contentious budget issues, to get the federally funded Medicaid expansion after months of failing to convince his fellow Republicans to back the policy in the Ohio House and Senate. Most Republican state representatives, including local Reps. Lou Terhar, Louis Blessing and Peter Stautberg, signed a letter in protest of the tactic, and some groups are already discussing lawsuits. The Health Policy Institute of Ohio previously found the expansion would insure between 300,000 and 400,000 Ohioans through fiscal year 2015. If legislators approve the expansion beyond that, the institute says it would generate $1.8 billion for Ohio and insure nearly half a million Ohioans over the next decade.

John Arthur, the Cincinnati man who helped lead a legal battle for same-sex marriage in Ohio, died today at the age of 48. Arthur was diagnosed with amyotrophic lateral sclerosis in 2011, and the fatal neurodegenerative disease pushed Arthur and his partner Jim Obergefell to hasten their battle for LGBT equality and recognition in the eyes of the law. After the couple married in Maryland, they sued the state to recognize their marriage on Arthur’s death certificate — a request granted in July by U.S. District Court Judge Timothy Black, less than one month after the U.S. Supreme Court struck down the federal Defense of Marriage Act, which previously barred same-sex marriages at the federal level.

The 18-month legal battle over the 2010 juvenile court election between Juvenile Court Judge Tracie Hunter and the Hamilton County Board of Elections will cost the county more than $920,000. Hunter, a Democrat, ultimately won the lawsuit and recount. Her 2010 opponent, Republican John Williams, eventually got another seat in the juvenile court through an appointment and subsequent election.

Teen drivers remain one of Ohio’s most at-risk groups for traffic accidents, according to the Ohio State Highway Patrol (OSHP). Between 2010 and 2012, teen drivers were at fault for nearly 101,000 accidents resulting in more than 44,000 injuries and 299 deaths. In total, teens were responsible for roughly 10 percent of fatal crashes. To address the issue, OSHP is advising teen drivers and their parents on safety basics, such as following the speed limit and wearing a seatbelt, and promising to encourage better behavior through enforcement.

Speaking to investors on Friday, Caesar’s Entertainment, the operator of Cincinnati’s Horseshoe Casino, disclosed the details of a federal money-laundering investigation and said it previously withdrew a request for a gaming license in Massachusetts after investigators there questioned past business practices. Ohio officials reportedly told WCPO they’re reviewing the investigations.

In September, Cincinnati year-over-year home sales increased for the 27th consecutive month.

Cincinnati’s Spring Grove Cemetery removed a SpongeBob SquarePants headstone for an Iraq War veteran because officials deemed it inappropriate.

The Cincinnati Reds will replace former manager Dusty Baker with pitching coach Bryan Price, reports The Cincinnati Enquirer.

A new study found no known species matches the expected profile of a shared ancestor for humans and Neanderthals.

Early voting for the 2013 City Council and mayoral elections is now underway. Find your voting location here. Normal voting hours are 8 a.m. to 4 p.m., although some days are extended.

On Oct. 29, local residents will be able to give feedback to Cincinnati officials about the city budget — and also nab some free pizza. The open budgeting event is from 6 p.m. to 8:30 p.m. on Oct. 29 at 1115 Bates Ave., Cincinnati.

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<![CDATA[Homeless Sue County Over Courthouse Eviction Policy]]>

Homeless advocates gathered in front of the Hamilton County Courthouse on Wednesday to speak out against the county sheriff’s attempts to evict homeless people sleeping at the courthouse and Hamilton County Justice Center with the threat of jail time.

The press conference came on the same day that four local homeless filed a lawsuit in federal court claiming Hamilton County Sheriff Jim Neil’s new policy is cruel and unusual because it punishes people for being homeless.

Major Charmaine McGuffey, head of the Hamilton County Justice Department, says the policy is necessary to address a public health issue. She explains that every morning county officials are forced to clean up urine and feces left by the homeless the night before, and often the county doesn’t have the resources to completely disinfect the areas.

Josh Spring, executive director of the Greater Cincinnati Homeless Coalition, says county officials should stop using taxpayer money to address public defecation and focus on the state of the economy. Hes asking locals to tell county officials, “I want my government to invest in jobs and housing, not in pushing people to the margins.”

If the policy remains, Spring says the county could at least compromise and hold enforcement until the winter shelter opens, which would provide another housing opportunity for many of the homeless people who currently rely on county buildings for a safe spot to sleep.

McGuffey says the current timeline for the winter shelter opening — two months — is too much time to wait for what she describes as a public health issue. She says it’s also unclear whether local organizations, which are still gathering funds for the shelter, will have enough money to open it.

At the press conference, Spring was joined by several homeless people who shared their experiences. All the speakers echoed a similar theme: They’re not homeless by choice, and they only sleep on county property because it’s much safer than the alternatives, such as alleys and abandoned buildings.

McGuffey insists no one is trying to demonize homeless people. She says officers try to link homeless people with local human services when possible. Some of that outreach is already underway through trained officers and neighborhood liaisons, and starting next week the county will bring in a trained mental health professional to act as an advocate and outreach coordinator.

But if help can’t be found, McGuffey says officers have to threaten arrest to invoke a sense of immediacy” or homeless people might never leave the properties and the public health issue would go unaddressed.

So far, the sheriff’s office sees the program as successful. Over the past four weeks, it’s brought down the amount of homeless people camping out at the Hamilton County Courthouse and Justice Center each night from 40 to 12, according to McGuffey. She says the reductions exemplify people who were redirected to human services, but there’s no hard evidence showing those people actually got help or whether the reduction is temporary.

Spring says there aren’t enough human services to get all of the city’s homeless help. That, he claims, is the real problem that needs local officials attention.

Over the past decade, City Council fell far short of its funding goal for human services, which aid homeless and low-income Cincinnatians.

Several council candidates, including Chris Seelbach, Greg Landsman and Mike Moroski, say increasing human services funding to 1 percent of the operating budget will be a priority for them over the next few years. The increase would represent an improvement, but it would still fall short of the city’s 1.5 percent goal.

Meanwhile, Strategies to End Homelessness aims to reduce homelessness in Hamilton County from more than 7,000 to roughly 3,500 over the next five years through an initiative backed by the city and county.

As part of Homelessness Awareness Month, Spring and other advocates will march in support of homeless causes later this month. The march will begin at 3 p.m. on Oct. 26 at 1300 Vine St. in Over-the-Rhine.

The lawsuit:


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<![CDATA[Ohio Supreme Court Rejects Parking Lease Challenge]]>

The Ohio Supreme Court today rejected an appeal for a legal challenge that threatened Cincinnati’s parking plan and the city’s emergency powers.

The lawsuit, which was backed by the conservative Coalition Opposed to Additional Spending and Taxes (COAST), claimed the city could not bypass a referendum on its plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority by invoking an emergency clause.

City Council regularly uses emergency clauses on passed legislation to bypass a 30-day waiting period for implementing laws. The clauses also make legislation immune to a referendum.

COAST, which opposes the city’s parking lease, argued the City Charter doesn’t clearly define emergency clauses to deny a referendum.

Hamilton County Judge Robert Winkler sided with COAST in the first round, but the ruling was appealed and the Hamilton County Court of Appeals ultimately ruled in favor of the city.

With the Supreme Court’s refusal to hear an appeal, the appeal court’s ruling stands.

City Solicitor John Curp applauded the decision in an email to various media outlets.

“I believe that politics belong in the legislative branch of government and not in our courts. This decision reaffirms that politics should stay on the Council floor and short-term political interests not be dragged through the judiciary where the consequences can have a long-standing impact on the public safety and economic interests of the City,” Curp wrote. “Consistency in interpreting long-standing legal rules is important in promoting a vibrant business climate in the City. The Courts have reaffirmed that the City of Cincinnati is free to operate at the speed of business.”

COAST is now trying another legal challenge against the city’s parking lease. This time, the conservative group is claiming that the city manager made “significant and material” changes to the lease without City Council approval.

Curp declined to take up the second legal challenge after concluding that the changes made to the lease were ministerial and a result of delays caused by COAST’s first legal challenge. But by having its proposed challenge denied, COAST gained the legal rights to sue the city over the issue.

Supporters of the parking lease argue the plan is necessary to leverage the city’s parking meters, lots and garages to finance development projects that will grow the city’s tax base.

Opponents claim the lease gives up too much control over the city’s parking assets and will hurt businesses by causing parking rates and enforcement hours to rise.

CityBeat covered the controversy surrounding the parking lease in further detail here.

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<![CDATA[Morning News and Stuff]]>

Former Gov. John Gilligan, a Cincinnati Democrat best known for winning the creation of the state income tax, died at 92 yesterday. Gilligan’s most lasting accomplishment was also what doomed his career; the state income tax was unpopular when it passed, even though it allowed Gilligan to boost funding for education, mental health and law enforcement programs. Gilligan’s political career began in Cincinnati Council. From there, he rose to U.S. representative and then governor.

The American Civil Liberties Union of Ohio yesterday asked Attorney General Mike DeWine to shut down a facial recognition program used by law enforcement until state officials verify and develop safety protocols that protect Ohioans’ rights to privacy. DeWine formally unveiled the program in a press conference yesterday. It allows police officers and civilian employees to use a photo to search databases for names and contact information. Previously, law enforcement officials needed a name or address to search such databases. The program has been live for more than two months and so far used for 2,677 searches, but until now it was kept hidden from the public and hasn’t been checked by outside groups for proper safety protocols.

Hamilton County Prosecutor Joe Deters stepped down as Hamilton County Juvenile Court Judge Tracie Hunter’s attorney and called her handling of the court a “judicial circus.” Hunter has been mired in controversy ever since she took the bench: She was found in contempt by a higher court, and she’s been sued multiple times by media, including four times by The Cincinnati Enquirer. Deters, who under state law had to legally represent Hunter, said the legal troubles were too much, but his stepping down also complies with Hunter’s wishes to find her own hand-picked attorney.

The University of Cincinnati is one of the top colleges where students can get the most out of their money, according to PolicyMic. UC performs better than average in the graduation rate, debt at time of graduation, percentage of undergraduate students receiving Pell grants and starting salary after graduation, yet the school manages to stay only slightly above the national average for tuition and board and room costs.

Mayor Mark Mallory previously approved eliminating city parking requirements, which should allow residential development projects to greatly reduce or completely toss out parking space mandates downtown. “The goal of the ordinance is to encourage development in the urban core by permitting developers to determine their own parking needs for downtown developments,” said Councilwoman Yvette Simpson. “I firmly believe that the market will work to meet parking demands better than government minimum parking requirements.”

The tax changes passed in the state budget earlier this year, including an income tax cut and sales tax hike, will go into effect on Sept. 1. The changes have been criticized for favoring the wealthiest Ohioans, as CityBeat covered in further detail here.

Gov. John Kasich approved tax credits that are expected to create more than 591 jobs statewide, with at least 40 of the jobs being created at the Benjamin Steel Company in Cincinnati.

Nearly one in five workers at Ohio casinos has quit or been fired. High turnover isn’t unusual in the casino business, but the numbers give a clearer glimpse at the volatility.

Piloting a military drone can apparently take quite the psychological toll.

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<![CDATA[Requiem Could Be Evicted from Emery Theatre Following Ruling]]>

Hamilton County Judge Carl Stitch today ruled against granting a temporary restraining order that would prevent the trio that owns and leases the Emery Theatre from evicting the nonprofit seeking to renovate the building.

The ruling comes as a minor victory to the University of Cincinnati, Emery Center Apartments Limited Partnership (ECALP) and the Emery Center Corporation (ECC), the groups that own and lease the Emery Theatre, and a loss to the Requiem Project, the nonprofit formed in 2008 to restore the theater to its former glory.

Still, Stitch cautioned that both sides potentially have a case and the rejection shouldn’t be seen as indicative of who will ultimately win the legal battle.

Given the ruling, both sides agreed to come back to the judge in 30 days with a status report on what their legal intentions are going forward.

Requiem argued that it needs the temporary restraining order to continue with the momentum the organization has built to renovate the theater. The nonprofit says it needs a permanent lease to use and raise funds that would go toward restoring the theater, which is cited as one of the few “acoustically pure” complexes in the nation.

On the other side, the various groups that own and lease the Emery Theatre claimed Requiem has shown little progress in raising funds to renovate the building. They said they would still like to see the theater restored, but not under the management of Requiem.

UC also continued denying any direct involvement in the case, instead arguing that ECALP handles the Emery building in its entirety for the university.

Tina Manchise and Tara Gordon, the two women who founded Requiem, said after the hearing that the three organizations are trying to eschew responsibility by pointing fingers at each other. In particular, they pointed out that UC has consistently claimed a lack of culpability, yet it’s also getting involved by asking the city to take over the building.

Last week, emails revealed that UC is offering to give the Emery Theatre to the city. UC Vice President of Governmental Relations Greg Vehr wrote in a June 21 email to Councilwoman Laure Quinlivan that giving the building away would allow the university to avoid becoming “a lightning rod in the private dispute between (ECC and ECALP) and the Requiem Project.”

If the city takes over the building, the legal dispute would likely become unnecessary and Requiem would probably be allowed to carry on with its plans.

For an in-depth look at the situation and history between Requiem and UC, ECALP and ECC, check out CityBeat’s original coverage here.

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