1 Comment · Wednesday, October 31, 2012
Ohio is a swing state, but there is very
little in our state government that reflects that right now. Republicans
dominate the General Assembly. Republicans dominate the governorship
and other executive positions. The Ohio Supreme Court is no different.
It is currently dominated by Republican justices in a striking 6-1
by German Lopez
Voting on weekend and Monday before Election Day must include all Ohioans
The U.S. Supreme Court says it will not take up Ohio Secretary of State Jon Husted's early voting appeal. With the decision, Ohio must allow all voters to vote on the weekend and Monday before Election Day — a right previously reserved for military personnel and their families.The news comes just a week after Husted promised to appeal a ruling from the Sixth Circuit Court of Appeals, which said if early voting will take place on the three days before Election Day, boards of elections must make sure all Ohioans can use the opportunity.However, some ambiguity is left in the process as different county boards of elections decide on voting hours. The Sixth Circuit Court of Appeals said it's up to Husted and individual county boards when and even if Ohioans will vote on the three days. If there is a tie vote in the county boards, Husted will be the tie breaker.When he announced his intention to appeal the appeals court ruling, Husted said in a statement that he will ensure Ohio has uniform early voting rules and hours no matter the outcome of the appeal: “While I will be asking the U.S. Supreme Court to uphold Ohio law
through the appeals process, the last thing I want to see is a
non-uniform system where voters will be treated differently in all 88
counties. Since some boards of elections have already started to take action on
hours of operation for the three days before Election Day, I am going
to take time to consult with all 88 counties before crafting a
directive to set uniform hours should the state not be successful upon
appeal.”UPDATE (1:30 P.M.): Husted sent out a directive to county boards of elections enforcing uniform voting hours for the three days before Election Day. On Saturday, booths will be open 8 a.m. to 2 p.m. On Sunday, 1 p.m. to 5 p.m. On Monday, 8 a.m. to 2 p.m.
0 Comments · Wednesday, June 27, 2012
The U.S. Supreme Court today said “hell
nah” to many parts of an Arizona law designed to fight illegal
immigration by racially profiling people. It wasn’t a total victory for
those who don’t love America and think a nation built by immigrants will
be ruined by them, as the court let a provision stand that allows
police to check a person’s immigration status while enforcing other
by Danny Cross
City Council is expected to vote this morning to divert
the $4 million for the City Hall atrium project to jumpstart the Music
Hall renovation, which has brought the city and arts supporters
interested in owning and operating the historic venue closer to a
compromise. Council could vote on the renegotiated deal later Wednesday,
though details of the lease agreement have yet to be released.
Council is also expected to approve a property tax
increase of $10 per $100,000 in valuation to fund capital projects such
as a new West Side police station and additional road paving.
Today’s Hamilton County Transportation Improvement
District meeting will include a presentation about the Brent Spence
Bridge that will probably include polls.
Gov. John Kasich today will sign a human trafficking bill
that makes the crime a first-degree felony rather than second-degree and
includes funding to help victims.
The ACLU will represent the Ku Klux Klan in a legal fight involving Georgia’s highway cleanup program and a pending First Amendment lawsuit.
The U.S. Supreme Court on Thursday will rule on President Obama’s health care law.
Obama and Biden are still jamming Romney up on his outsourcing history.
A Walgreens store and other pharmacies in Washington, D.C. are offering free HIV
tests to make diagnosing the disease more convenient and to increase
College football has approved a four-team playoff to
determine its national championship rather than the computer-human
two-team plan that has faced scrutiny over the years. The new format
will start in the 2014-15 season.
by Hannah McCartney
Posted In: Courts
at 11:14 AM | Permalink
Judge orders university to change policy
The University of Cincinnati lost a court battle yesterday when a federal judge ruled that the public university's decision to restrict all "demonstrations, picketing, and rallies" to a Free Speech Area was a violation of the First Amendment. U.S. District Court Judge Timothy Black ruled that containing the area in which students and outsiders who obtain the proper permission to demonstrate acted as an unconstitutional limitation. In February, the UC Chapter of Young Americans for Liberty (YAL) filed a lawsuit against the university after they were denied the right to circulate freely across UC's campus to gather signatures for a petition to place the Ohio Workplace Freedom Amendment on the Nov. 2012 ballot. The students were restricted to gathering signatures only in the university-designated Free Speech Area within the McMicken Commons Northwest Corner, which is less than one tenth the size of a football field. Officials threatened to arrest students who attempted to gather signatures outside of that zone. The space restriction often rendered the the students' efforts ineffective; the Free Speech Area covers, relatively, a miniscule part of UC's campus. YAL plaintiffs argued that UC's free speech policy was unfairly vague and unconstitutional. The 1851 Center for Constitutional Law, a non-profit, non-partisan legal center, assisted YAL with the lawsuit. According to a press release from the 1851 Center for Constitutional Law, Judge Black's ruling prevents UC from enacting or upholding a free speech policy from: • “Requiring
prior notification for the solicitation by students of signatures for
all solicitation by students of signatures for petitions in any designated
public forum, including the Free Speech Area, the outdoor spaces described in
the MainStreet Event Guide, and campus sidewalks;”
that all student ‘demonstrations, picketing, or rallies’ occur only in the Free
5 to 15 days prior notification for any and all student ‘demonstrations,
picketing, or rallies’ without differentiations;”
or enforcing any policy restricting student speech in any designated public
forum, including the Free Speech Area, the outdoors spaces described in the
MainStreet Event Guide, and campus sidewalks, that is not individually and
narrowly tailored to serve a compelling university interest. In March, the Foundation for Individual Rights in Education named UC's speech policies the worst in the nation specifically because of the restrictive free speech zone.
by Hannah McCartney
Lawyer calls 1996 law "across-the-board disrespect"
The 1st U.S. Circuit Court of Appeals in Boston ruled today that the 16-year Defense of Marriage Act (DOMA) is unconstitutional for banning federal benefits for married same-sex couples. The Court's three judges ruled unanimously that DOMA is discriminatory because it denies equal rights to same-sex married couples. The ruling applies only to the regions included in the circuit: Massachusetts,
Rhode Island, Maine, New Hampshire and Puerto Rico. Despite the unanimous decision, no changes will take effect until the U.S. Supreme Court rules on the case, which is expected to be appealed. The ruling still marks a significant victory for the gay rights community, as it signifies a unified federal effort to institute provisions that support marriage equality across genders and sexualities. The decision also comes just days after the Ohio Supreme Court dismissed a lawsuit filed by The Ohio Campaign to Protect Marriage, which challenged Attorney General Mike DeWine's approval of the legality of the language in a proposed state ballot which, if passed, would legalize same-sex marriage in the state of Ohio. DOMA, passed in 1996, doesn't specifically invalidate same-sex marriages in states that rule to legalize them, but it trivializes the meaning of marriage for such couples by specifically prohibiting married gay couples from possessing same benefits as married homosexual couples, including the ability to:
File taxes jointly
Take unpaid leave to care for a sick or injured spouse
Receive spousal, mother’s and father’s, or surviving spouse benefits under Social Security
Receive equal family health and pension benefits as federal civilian employeesThe Court did not rule on the second provision of DOMA, which verbalizes that states that don't approve of same-sex marriage can't be forced to recognize gay unions performed in states where it's
legal, nor did the court decide whether or the act of gay marriage is actually constitutional.Since its passage, several states have taken their own stances on gay marriage, while eight states — beginning with Massachusetts in 2004 — have legalized same-sex marriage. In Feb. 2011, the Obama administration announced it would no longer defend DOMA's constitutionality after several large-scale challenges to the act — a decision quickly combated by Ohio House Speaker John Boehner with the formation of the Bipartisan Legal Advisory Group, an assemblage of standing House representatives, to defend DOMA. In arguments before the Circuit Court in April, Mary Bonauto, a lawyer for Gay & Lesbian Advocates & Defenders (GLAD), called DOMA a result of Congress' "moral disapproval." "It is simply that, frankly, Congress just didn't want to deal with same-sex couples ... this is across-the-board disrespect," she stated in the hearings.Earlier this month, President Barack Obama became the first sitting U.S. president to openly approve same-sex marriage. Ohio belongs in the 6th U.S. Circuit Court of Appeals, which also encompasses Kentucky, Michigan and Tennessee.
by Hannah McCartney
Judge rejects Columbus restaurant's argument that ban is "oppressive"
Since 2006, the Ohio Smoke-Free Workplace Act has banned indoor smoking at public establishments and places of employment, making Ohio the first Midwestern state to enact a state-wide ban. Despite controversy and contestment, that ban will continue to be enforced statewide. The owner of Zeno's Victorian Village in Columbus who attempted to combat the law was shut down by a unanimous 7-0 vote in the Ohio Supreme Court today, which ruled that the state's six-year smoking ban is constitutional. Ohio's ban affects some 280,000 establishments across the state of Ohio, according to the Ohio Department of Health (ODH). According to the Supreme Court of Ohio's case summary, Zeno's was cited 10 times for violations of the ban from July 2007 and September 2009, receiving multiple fines, none of which were paid. In protest of the violations, the director of the ODH filed a complaint against Bartec Inc., the corporate entity that owns Zeno's, requesting the bar to pay all outstanding fines. Bartec and legal representative 1851 Center for
Constitutional Law, a nonprofit legal center, asserted that the smoking ban was unconstitutional, a violation of the state's policing powers and that prohibiting smoking in an adults-only liquor-licensed establishment such as Zeno’s is "unduly oppressive," according to the case summary. The ban and its enforcement, argued Bartec, constitutes an unlawful taking of property, meaning an improper confiscation of the owner’s control of the indoor air."The goal of this legislation is to protect the health of the workers
and other citizens of Ohio. ... It does so by regulating proprietors
of public places and places of employment in a minimally invasive way.
We therefore hold that the Smoke Free Act does not constitute a
taking,” wrote Justice Lanzinger in her opinion. In her written opinion, Justice Judith Ann Lanzinger also cited 2002 Supreme Court decision, D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of Health:"We have previously stated that the General Assembly has the authority
to enact a public-smoking ban. ... Although the Smoke Free Act was
ultimately passed pursuant to a ballot initiative, the voters of Ohio
also have a legitimate purpose in protecting the general welfare and
health of Ohio citizens and workforce from the dangers of secondhand
smoke in enclosed public places. By requiring that proprietors of
public places and places of employment take reasonable steps to prevent
smoking on their premises by posting ‘no smoking’ signs, removing
ashtrays, and requesting patrons to stop smoking, the act is rationally
related to its stated objective.”According to the Columbus Dispatch, the bar owes the state approximately $33,00 in violation fines, and the state has threatened to seize and foreclose the bar if the fines aren't paid. See how Ohio's public smoking laws compare to those in other states across the U.S. here.
0 Comments · Tuesday, April 17, 2012
Gov. John Kasich last week denied a
request for clemency from Mark Wayne Wiles, who was convicted in 1986 of
the murder of a 15-year-old boy in northeastern Ohio. Wiles was scheduled to be executed April
18, the day this issue is published, at the Southern Ohio Correctional
Facility in Lucasville.
by Hannah McCartney
Posted In: Courts
at 08:53 AM | Permalink
Judge rules state again capable of carrying out death penalty
Ohio can now resume carrying out executions for the first time since November 2011, after a ruling Wednesday from U.S. District Judge Gregory Frost of Newark. In January, Frost halted the Ohio execution of condemned murderer Charles Lorraine in light of several slip-ups by the state in following its own execution protocol. On Feb. 8, the U.S. Supreme Court upheld Frost’s decision, ruling that the number of documented failures to follow procedure were enough to place an official moratorium on executions. The failures to follow protocol were reportedly mostly minor paperwork technicalities, including not properly documenting that an inmate’s medical files were reviewed and switching the official whose job it was to announce the start and finish times of the lethal injection. The state argued that the errors were minor, and didn’t legitimately affect the state’s ability to carry out humane executions. Frost, however, expressed frustration at the state’s failure to follow codes it had set itself. "Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," Frost wrote in his January ruling. Frost's ruling means that the state will move forward with the April 18 execution of Mark Wiles, who was found guilty for stabbing a 15-year-old boy to death in1985. Frost recently denied Wiles' request for a stay of execution. Although his ruling sided with the state, Frost seemed somewhat wary of the state's promises to reform. Since the moratorium, the Ohio Department of Rehabilitation and Correction has allegedly scrutinized its procedural policies and implemented a new "Incident Command System," which sounds like an initiative for ORDC Director Gary Mohr to more closely micromanage the processes during state executions.
"This court is therefore willing to trust Ohio just enough to permit
the scheduled execution," Frost wrote regarding his rejection of Wiles' stay of execution. "The court reaches this
conclusion with some trepidation given Ohio's history of telling this
court what (they) think they need to say in order to conduct executions
and then not following through on promised reforms." To date, Ohio has executed 386 convicted murderers. Click here for a schedule of upcoming executions in Ohio.
by Hannah McCartney
Supreme Court upholds lower court ruling that state has failed to follow proper protocol
A ruling that resulted in a temporary halt in Ohio executions last week means there are 148 inmates on Ohio's death row with uncertain futures. Ohio's death penalty is currently under scrutiny, largely due to opposition that's been raised from documented failures to follow protocol in state executions. In January, Federal District Court Judge Gregory Frost of Newark, Ohio halted condemned murderer Charles Lorraine's Ohio execution because Ohio has allegedly demonstrated problems over the last several months upholding the execution protocol the state put in place itself in 1981. On Feb. 8, the U.S. Supreme Court upheld Frost's decision, saying that because Ohio had been proven to stray from its own execution policies, it couldn't be trusted to carry out Lorraine's execution or any other death sentences. The next execution in Ohio is scheduled for April. Frost is one of several advocating for the abandonment on Ohio's death penalty. "For close to eight years, the Court has dealt with inmate challenges to the constitutionality of Ohio’s execution protocol. During that time, the litigation has morphed from focusing primarily on allegations of cruel and unusual punishment to allegations of equal protection violations. Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," said Frost in his written opinion. He goes on to describe instances in which state agents lied to the Court concerning state executions, expressing frustration about the state's lack of commitment to constitutional execution. "No judge is a micro-manager of executions and no judge wants to find himself mired in the ongoing litigation in which he must continually babysit the parties," said Frost. That's just a piece of it; there are other judicial bigwigs hoping to have Ohio's death penalty overturned, including Senior Associate Justice for the Ohio Supreme Court Paul Pfiefer, who helped write Ohio's death penalty law when he was a state senator more than 30 years ago. According to Pfeifer, he's changed his mind because he sees the option of life without the possibility of parole more moral and socially beneficial. Evidently, most of the deviations from the execution regulations were minor paperwork technicalities. Huffington Post reports the errors included switching the official whose job it was to announce the start and finish times of the lethal injection and not properly documenting that the inmate's medical records were reviewed. Those in support of the hold, however, make another point. Controlling life and death is the most important power the state of Ohio holds; if it can't follow minor rules that it set for itself, who's to say there won't be larger, more detrimental errors in the future? It's difficult to tell whether or not Ohio will just get a slap on the wrist for its slip-ups or if reform will be seriously considered. The death penalty has almost always been a part of Ohio's history, since it became a state in 1803. Ohio ranked third in the U.S. for executions among the 34 states that have the death penalty in 2011. Listen to Paul Pfeifer and hear more about the controversy on The Sound of Ideas radio program below.