by German Lopez
Judge says case is too early to call either way but refuses to grant restraining order
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
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.
Ohio set to execute Billy Slagle this week despite a prosecutor’s request for clemency
7 Comments · Wednesday, July 31, 2013
Billy Slagle is going to die on Aug. 7.
The Ohio Parole Board recommended against granting Slagle clemency on
July 16, and Gov. John Kasich last week denied Slagle’s request to have
his death sentence commuted to life in prison.
0 Comments · Wednesday, July 24, 2013
A conservative organization is
threatening more legal action to stop the city’s plans to lease its
parking meters, lots and garages to the Greater Cincinnati Port
0 Comments · Wednesday, July 24, 2013
The same-sex couple who last week sued
the state of Ohio for discrimination earned statewide recognition of
by German Lopez
Posted In: News
at 09:27 AM | Permalink
Local Republican indicted, gay couple sues state, Ohio PAC buying Zimmerman a gun
The speaker of the Ohio House is asking a local state representative to resign after he was indicted on 16 counts of fraud.
State Rep. Peter Beck, a Mason Republican, already faces a maximum of 43 years in
prison if he’s convicted on all the counts, but Ohio Attorney General
Mike DeWine says the ongoing investigation might produce more charges. The
charges are a result of Beck’s alleged actions involving an Ohio
software company called Christopher Technologies, which investors claim
bilked them out of $200,000.
Claiming discrimination, a newlywed same-sex couple is suing the state of Ohio
for failing to recognize their marriage. Jim Obergefell and John Arthur
were married in Maryland, but the couple lives in Cincinnati, Ohio,
where same-sex marriage is banned by the state constitution. The
couple’s attorney claims the state should be forced to recognize the
marriage because of Fourteenth Amendment protections extended to gay
couples by the Supreme Court’s recent ruling on the Defense of Marriage Act (DOMA).
Arthur was diagnosed in 2011 with amyotrophic lateral sclerosis (ALS), a
neurological disease that causes muscles to rapidly deteriorate, and
he’s currently bedridden as a result. Given Arthur’s health,
the couple will argue for an expedited ruling at a hearing at 1:30 p.m.
today in front of U.S. District Court Judge Timothy Black.
The Buckeye Firearms Association is raising money to buy a gun for George Zimmerman,
who was acquitted of second-degree murder in the murder trial of black
17-year-old Trayvon Martin. Zimmerman’s gun is currently being held by
the U.S. Department of Justice as it investigates further charges.
Councilman P.G. Sittenfeld and 100 members of the
Children’s Defense Fund will meet at Washington Park at 1 p.m. today to rally
against gun violence in Cincinnati. The group plans to march to City
Hall, where they will listen to students’ suggestions for making the city a safer place to visit and reside.
A state representative introduced a bill
that would allow some public university students to forgo traditional
tuition and instead pay for their college education through a percent of
their income for 24 years after they graduate.
An Ohio health aide is being sent to prison for Medicaid fraud.
Ohio gas prices are down this week.
In a desperate bid to save the endangered Sumatran rhino, the Cincinnati Zoo is attempting to breed a brother and sister.
If you think the recent heat has been bad, Popular Science has a humbling list of the 10 worst places to live in the universe.
by Hannah McCartney
Posted In: Cycling
at 01:19 PM | Permalink
Melvin White charged with vehicular homicide in death of Andrew Gast
The driver who accidentally hit and killed Cincinnati cyclist Andrew Gast, 27, along Wilmer Avenue in the East end last year on Aug. 29, 2012 will be sentenced by a judge on Monday, July 22. More than 700 riders attended a "ghost ride" to support Gast and his family following his death. According to a press release from local bicycle advocacy organization Queen City Bike, Melvin White was originally charged with two counts of aggravated vehicular homicide after police investigated the accident, which took place early, around 6 a.m., on a foggy morning. Following an investigation, however, police found that although White was speeding at the time of the accident and was following Gast too closely, there were not factors at play to warrant an "aggravated" charge. His defense accepted a plea deal from prosecutors in which White pleaded guilty to one count of vehicular homicide, the maximum penalty for which is six months in jail and/or a $1,000 fine. According to the press release, the Cincinnati Cycle Club and Queen City Bike are requesting that White receive the maximum penalty. Gast did, as required by law, have both a front-end light and a rear-end light on his bike at the time of the crash. His death was the first of two Cincinnati cyclist fatalities to occur in a two-week period last fall; 59-year-old Ronald Richardson of Bond Hill was struck and killed by a Metro bus driver when he swerved into the bus's path on Sept. 11, 2012, around 8:30 p.m., when it was also dark outside. Both Richardson and Gast where pedaling along the side of the road when they were hit. Although the Cincinnati Cycle Club and Queen City Bike are expected to make a joint statement to the court officially requesting the maximum penalty, they're also asking that White donate to Queen City Blinkies, a program that distributes and installs free bike lights to the Cincinnati cycling community, in lieu of a court fine. Under Ohio law, bicycles are considered vehicles are allowed to ride on the road, where they must obey all municipal traffic laws. See the city of Cincinnati's "Pocket Bike Law Guide" here. White will be sentenced at 10:30 a.m. Monday, July 22 at the Hamilton County Court House on 1000 Main St. downtown.
by German Lopez
Posted In: News
at 08:58 PM | Permalink
Conservative group claims city manager exceeded authority with changes
In a letter to the city solicitor, a conservative organization is threatening more legal action to stop the city’s plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority.The Coalition Opposed to Additional Spending and Taxes (COAST) claims the city manager made “significant and material” changes to the lease agreement after City Council approved the deal in March. That, the letter states, exceeds the city manager’s authority.The two changes in question: First, the city changed the original June 30 deadline for issuing bonds that will finance the deal to a less specific 90-day period that will kick in once the agreement is in full effect. Second, the city added sections that allow the Port to review and potentially terminate the lease within 75 days.The changes were made after another legal challenge delayed the lease’s implementation.The letter asks City Solicitor John Curp to review the allegations and sue the city. If he doesn’t, COAST would gain the legal standing necessary under Ohio law to sue the city by itself.“The law requires that before a lawyer can sue the city and ask taxpayers to pay his fees he must send a letter of this type,” Curp explained in an email.Curp also wrote that the city will review the allegations and respond within a month.“Today’s letter is an attempt to comply with part of the legal process that would allow the authors to claim attorneys fees from taxpayers,” he wrote. “The Law Department will review the issues raised, attempt to engage the authors constructively and respond appropriately. The policy of the Law Department is to defend aggressively against claims from lawyers that seek taxpayers dollars to fund their litigation against the City of Cincinnati.”COAST is pursuing the legal challenge as a longtime critic of the parking lease. The organization supported the previous lawsuit against the lease, which an appeals court struck down. The letter comes in the middle of another controversy over a June 20 memo that the city administration kept from the public, Port Authority and City Council for three-plus weeks, until council members and media outlets enquired about it. The
memo suggested the city is getting a bad deal from the lease agreement.
Port and city officials argue the memo made technical errors and used
outdated information.Under the parking lease, the city will receive a $92 million lump sum and at least $3 million in annual payments, according to city estimates.Supporters of the parking lease argue it’s needed to raise funds for development projects and modernize the city’s parking services. Opponents say the lease gives up too much control over the city’s parking meters, lots and garages and will hurt businesses downtown by causing meter rates and operation hours to go up.
by German Lopez
Pay-to-stay jail policy criticized, locals react to LGBT rulings, council OKs streetcar funding
The Hamilton County Jail charges its inmates a fee for
incarceration, and a new report from the American Civil Liberties Union
of Ohio (ACLU) suggests the practice harms low-income inmates and raises little money for the county. CityBeat
got an exclusive early look at the report, which scrutinized three
counties for their pay-to-stay policies. Among the three samples,
Hamilton County had the second lowest fees and did the second
least harm to low-income people, according to the report. Although the
ACLU was hopeful the report and the election of a new sheriff would
inspire some change, Hamilton County officials told CityBeat that no changes are planned.
The U.S. Supreme Court yesterday struck down the federal ban on same-sex marriage, and some local and state leaders had a few things to say about it.
The reactions seem to vary depending on a partisan basis, with
Republicans in opposition and Democrats in favor. Rest assured: Here at CityBeat, we favor giving equal rights to people no matter their sexual orientation or gender identity.
City Council yesterday approved funding and accountability measures for the Cincinnati streetcar project
and funding for development at Fourth and Race streets, which will
include a downtown grocery store. The streetcar measures close the
project’s $17.4 million budget gap by issuing more debt and pulling
funding from various capital projects, including infrastructure
improvements around the Horseshoe Casino. The accountability measures,
which were initially introduced by Vice Mayor Roxanne Qualls, require
the city manager to update City Council with a timeline of key
milestones, performance measures, an operating plan, staffing
assessments and monthly progress reports.
Commentary: “The Little Engine That Could.”
Make sure to check out CityBeat’s extensive LGBT coverage for our Pride Issue here, including a mini-profile of Councilman Chris Seelbach and his partner.
It’s local election season. In the next five months, City Council will meet only seven times, down from the typical 14.
Odis Jones is leaving his post as Cincinnati’s director of economic development
to become CEO of the Detroit Public Lighting Authority, a city-run utility
operated by an independent board. Jones was known at City Council
meetings for making passionate pitches for various economic development
projects, including the most recent plans for Fourth and Race streets.
He told Business Courier he wants to go to Detroit to play a role in the revitalization
of his hometown: “My mother always said, 'If you see a good fight, get
in it.' I'm in it.”
The Ohio House voted to ban red-light cameras
despite arguments that the cameras have reduced
traffic accidents and saved lives. An Ohio Senate vote is expected in
NASA is teaming up with Italy and Japan on a mission to Mercury.
Researchers found wearing a T-shirt with the letter “T” on it makes men more attractive. Critics of the study argue attractive men would be better with no shirt — or pants — at all.
by German Lopez
U.S. Supreme Court strikes down federal ban on same-sex marriage
The U.S. Supreme Court today struck down the federal
Defense of Marriage Act (DOMA) in a ruling that effectively requires the
federal government to recognize same-sex marriages for couples who
reside in states where same-sex marriage is legal.
The DOMA ruling also sets a powerful historical precedent by extending equal protection rights to gay and lesbian individuals.In another ruling, the Supreme Court vacated a case on California’s Proposition 8, which banned same-sex marriage in that state, and effectively sent the case back down to a lower court that deemed Proposition 8 unconstitutional. The ruling means California will likely begin giving marriage licenses to same-sex couples, but the ruling’s effects will not go beyond California’s borders.
For gay and lesbian Ohioans, the DOMA ruling adds yet another incentive to legalize same-sex marriage in the state. If FreedomOhio’s efforts to get the issue on the ballot in 2014 are successful, Ohio’s gay couples will have their marriages recognized at all levels of government. (The group previously aimed for 2013, but it now says it needs more time.)
So far, it remains unclear whether the ruling will extend
to same-sex couples who get married in other states but live in Ohio. If so, Ohio gay couples could get married in Massachusetts, return to Ohio and be eligible for federal marriage benefits — but not state marriage benefits. Legal experts and federal officials will surely debate the
issue in the coming months to develop a clearer answer.
Still, there’s been a lot of cheering and jubilation about
the historical rulings, which are widely seen as victories for LGBT rights. Below are some of
those reactions from local and state leaders, gathered through
interviews and statements.Also, make sure to check out CityBeat's Pride Issue for more coverage on LGBT issues.
Councilman Chris Seelbach, Cincinnati’s first openly gay council member:
“It’s pretty amazing. Just as President Obama when he
announced his support for marriage equality, this feels like just as
much of a milestone, if not more because of the legal significance of
the rulings. This is proof that the tides have turned and the laws are
changing. We are realizing full equality for LGBT people across this
“The fact that they used the equal protection clause means
this case will be used across the country for every type of law that
has an impact on LGBT people. The Supreme Court just set a new precedent for
the rights of any government to discriminate against gays and lesbians.
It’s far broader than just the repeal of DOMA, which in itself is an
incredible feat. But the precedent that it’s setting for scrutiny on the
basis of sexual orientation will have an effect on laws throughout this
country for decades to come.”
Ian James, co-founder of FreedomOhio:
“We are elated that the Supreme Court has repealed DOMA
and in effect rejected Proposition 8. These decisions are proof that the
tide of acceptance for all couples is turning in this country, and we
have taken two more important steps toward true equality.
“This important moment, however, does not change the
reality that Ohio still has a constitutional amendment banning
same-gender marriage. Ohio voters can address the civil rights issue of
our generation by voting for the Freedom to Marry and Religious Freedom
amendment. We are elated and our resolve has been doubled to collect
signatures. The journey continues. We will bring marriage equality to
Ohio in November, 2014.”
Chris Redfern, chairman of the Ohio Democratic Party:“I’m
deeply thankful that the Defense of Marriage Act has finally been
struck from our country’s books, and that millions across the nation and
Ohio are one step closer to equal and fair treatment under the law.
DOMA implemented discrimination into the highest law of the land, and
it’s a great day that this ugly reminder of a different time is finally
gone. “Ohio Democrats are honored to stand with our LGBT brothers and sisters
in the fight to earn marriage equality for all, and continue our march
to overcome the prejudice of the past. But despite our victories across
the nation, Ohio Republicans in the Statehouse and Governor’s office
remain committed to keeping prejudice enshrined in law.” John Boehner, U.S. Speaker of the House and Republican from West Chester, Ohio:
“Congress passed the Defense of Marriage Act on an
overwhelmingly bipartisan basis and President (Bill) Clinton signed it into
law. The House intervened in this case because the constitutionality of a
law should be judged by the Court, not by the president unilaterally.
While I am obviously disappointed in the ruling, it is always critical
that we protect our system of checks and balances. A robust national
debate over marriage will continue in the public square, and it is my
hope that states will define marriage as the union between one man and
German Lopez, gay staff writer at CityBeat:
“Cool.”Danny Cross, CityBeat editor: “DOMA was a real horseshit piece of legislation, and we're happy those old bastards in the Supreme Court did the right thing.”Update (1:47 p.m.): Added more reactions.
ACLU: Pay-to-stay policies harm low-income inmates, raise little money for county jails
0 Comments · Wednesday, June 26, 2013
The Hamilton County Jail charges its
inmates a fee for incarceration, and a new report from the American
Civil Liberties Union of Ohio (ACLU) suggests the practice harms
low-income inmates and raises little money for the county.