by German Lopez
City plans to move forward as some council members suggest a repeal
In a 2-1 ruling today, the Hamilton County Court of
Appeals reversed a lower court’s ruling and said the city’s plan to semi-privatize its parking assets is not
subject to a referendum and may move forward.But opponents are pushing for a stay on the ruling as they work on an appeal, which could put the case in front of the Ohio Supreme Court.
For the city, the ruling means it can potentially move forward with
leasing parking meters and garages to the Greater Cincinnati Port Authority for a one-time
payment of $92 million and an estimated $3 million in annual increments. The city originally planned
to use the funds for development projects, including a downtown grocery
store and the uptown interchange, and to help balance the city’s budget
for the next two years.
But critics, including those who led the referendum
efforts, are calling on the city to hold off on the lease. They argue
the plan, which raises parking meter rates and expands meters’
operation hours, will hurt downtown business.In a statement, City Manager Milton Dohoney praised the ruling, but he clarified that the city will not be able to allocate parking plan funds until potential appeals of today’s ruling are exhausted or called off.“The City cannot commit the money in the parking plan until there is legal certainty around the funds. Once there is legal certainty, the Administration will look at the budget to determine if there are items that may need to be revisited and bring those before Members of City Council, as appropriate,” he said.
Jason Barron, spokesperson for Democratic Mayor Mark Mallory, says the city will now be able to re-evaluate current plans for the
budget and other projects.
“Council will get a chance to look at the budget again and
undo some of the stuff that they’ve done, but some of the cuts will
definitely stay — that way we continue to move towards balance,” he
But first, the city must follow through with legal
processes to get Judge Robert Winkler’s original order on the parking
plan lifted, which will then allow the city and Port Authority to sign the lease.Already, some council members are pushing back. Following the ruling, Democratic council members Chris Seelbach and Laure Quinlivan announced that they plan to introduce a motion that would repeal the parking plan.But Barron says City Council would need six out of nine votes to overrule Mallory and other supporters of the parking plan, which he says is unlikely.At today’s City Council meeting, Quinlivan and Seelbach were unable to introduce the motion, which has five signatures, because the motion requires six votes for immediate consideration and to overrule the mayor, who opposes a repeal. The motion also needs to be turned into an ordinance to actually repeal the parking plan.
In a statement, Democratic mayoral candidate John Cranley criticized the ruling and city. He said the plan
should be subject to referendum: “This decision affects
an entire generation and shouldn’t be made by people who are trying to
spend a bunch of money right before an election, while leaving the bill
for our kids to pay.”Democratic Vice Mayor Roxanne Qualls, who is also running for mayor, praised the ruling in a statement.“My goal is that proceeds from the parking proposal are used to put the city on a path to a structurally balanced budget by 2017,” she said.Qualls said she will introduce a motion that calls on the city administration to draw up a plan that would use parking funds on “long-term investments that support long-term fiscal sustainability,” including neighborhood development, other capital projects, the city’s reserves and the city’s pension fund.
The ruling also allows the city to once again use
emergency clauses, which the city claims eliminate a 30-day waiting
period on implementing laws and make laws insusceptible to referendum.
Judges Penelope Cunningham and Patrick DeWine cited legal
precedent and the context of the City Charter to rule the city may use
emergency clauses to expedite the implementation of laws, including the
“Importantly, charter provisions, like statutes and
constitutions, must be read as a whole and in context,” the majority opinion
read. “We are not permitted — as the common pleas court did, and Judge
Dinkelacker’s dissent does — to look at the first sentence and
disassociate it from the context of the entire section.”
Judge Patrick Dinkelacker dissented, claiming the other
judges are applying the wrong Ohio Supreme Court cases to the
“In my view, the charter language is ambiguous and,
therefore, we must liberally construe it in favor of permitting the
people of Cincinnati to exercise their power of referendum,” Dinkelacker
wrote in his dissent.The parking plan leases the city’s parking meters and
garages to the Port Authority, which will use a team
of private operators from around the country — AEW Capital, Xerox,
Denison Parking and Guggenheim — for operations, technology upgrades and
The city originally argued the parking plan was necessary
to help balance the budget without laying off cops and firefighters and
pursue major development projects downtown.
Since then, the city used higher-than-expected revenues and cuts elsewhere, particularly to parks and human services funding, to balance the fiscal year 2014 budget without laying off public safety personnel.
City Council is also expected to vote today on an alternative funding plan to build a grocery store, luxury apartment tower and garage on Fourth and Race streets downtown. The project was originally attached to the parking plan.Dohoney asked City Council in a statement to pursue the alternative plan today.“We are asking Council to pass the development deal today so that the developers have the city’s commitment and can move ahead with their financing,” he said. “If we wait any longer on the parking deal, we put this deal at risk. With the housing capacity issue downtown and decade-long cry for a grocery store, we must move forward.”
CityBeat will update this story as more information becomes available.Updated at 1:39 p.m.: Added comments from the city manager’s statement.Updated at 2:00 p.m.: Added comments from Vice Mayor Roxanne Qualls’ statement.Updated at 3:23 p.m.: Added results of City Council meeting.Updated at 10:35 a.m. on June 13: Added latest news about appeal.