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by 07.14.2009
Posted In: Courts, Internet at 04:32 PM | Permalink | Comments (2)
 
 

Lawsuit Against Haap, Heimlich Dismissed

An Illinois-based organization dropped its defamation lawsuit this month against local blogger Jason Haap and two other critics. The two-year-old case was widely viewed as having the potential to set a precedent involving First Amendment protections for online commentary.

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by German Lopez 09.20.2012
Posted In: Courts, News, Business at 12:40 PM | Permalink | Comments (0)
 
 
xlcservices

Procter & Gamble Sued for Religious Discrimination

P&G and contractor allegedly fired Muslim worker who was humiliated by coworker

Two Cincinnati-based companies are facing a lawsuit over the termination of a former Muslim worker. The lawsuit, filed in an North Carolina court Monday, claims a woman named Safa Elhassan was fired from Procter & Gamble facilities after facing discrimination in the workplace.

Elhassan worked for P&G through XLC Services, a Cincinnati-based company that provides manufacturing services and warehouse management to other companies, at P&G facilities in Guilford County, N.C. 

The lawsuit charges P&G and XLC with religious harassment, religious discrimination, failing to accommodate after religious discrimination in the workplace, national origin discrimination, sexual discrimination, two counts of retaliation, negligence, unfair and deceptive trade practices, assault, battery and intentional infliction of emotional distress.

The lawsuit tells the story that led to the charges as follows: Elhassan, who wears a hijab and wedding ring for religious reasons, was employed at P&G’s facilities through XLC between 2004 and Sept. 16, 2011. During her employment, Elhassan followed P&G rules and regulations and kept “a performance record which was satisfactory or better.”

However, Elhassan was unaware of a company policy that banned jewelry in the workplace, even jewelry of religious significance. This policy was mostly not a problem for Elhassan because, as the lawsuit claims, “Other employees of different religions and national origins routinely wear jewelry under clothing and/or protective wear and are not punished or searched.”

That is until a woman named Ernestine Wilson allegedly approached Elhassan, forcibly searched Elhassan for her wedding ring and removed Elhassan’s hijab in front of coworkers, including men, according to the suit. Under Islam’s rules, a woman uses a hijab, which is a religious head and neck wrap, to maintain sexual modesty, and being exposed without a hijab to men who are not family is a major offense and source of humiliation.

Elhassan reported the forced search to higher-ups at XLC. After a few meetings, Wilson provided an apology, according to the lawsuit, but Elhassan claimed the apology was insincere because Wilson kept telling coworkers that she hoped Elhassan was fired. After Elhassan refused to accept the apology, she was suspended then fired, allegedly under the orders of P&G.

The lawsuit suggests that Wilson's actions were potentially connected to another workplace incident. The lawsuit says Elhassan was sexually harassed in the past by George (no last name provided), a man with whom Wilson was allegedly “engaged in a friendly, physical, and/or romantic relationship." Elhassan reported the incident, which got George fired. The lawsuit claims Wilson’s actions were in retaliation to George’s termination.

Since Wilson did work for P&G through XLC, Elhassan blames both P&G and XLC for the damages. The lawsuit claims she was unfairly fired in retaliation for not accepting Wilson’s apology. It also alleges that XLC forced Elhassan to sign a document she did not understand upon her termination without her lawyer present, even though Elhassan asked to have her lawyer read the document. The document, which P&G officials were supposedly aware of, allegedly sought to release P&G and XLC of any wrongdoing related to the termination.

Mary Ralles, spokesperson for P&G, responded to the lawsuit in an email: “As a matter of company policy, we do not comment on pending litigation, but I did want to make one correction. The individual was not (or ever) a P&G employee.”

The distinction Ralles made is that Elhassan was not officially employed by P&G, but she did work for P&G through her employment at XLC.

XLC could not be immediately reached for comment. This story will be updated if a comment becomes available.

 
 
by 04.16.2010
Posted In: News, Courts, Business at 02:45 PM | Permalink | Comments (0)
 
 

Cintas Settles Employee Death Lawsuit

In a stark turnabout from the company’s previous position involving the incident, Cintas Corp. has settled a lawsuit filed by the wife of an employee who was burned to death in an industrial dryer at an Oklahoma facility.

When Eleazar Torres-Gomez was killed at the Cintas laundry near Tulsa, Okla., in March 2007, the company took no responsibility and blamed him for his death. Further, Cintas initially tried to block Torres-Gomez’s family from claiming workers compensation benefits.

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by 10.16.2009
Posted In: Internet, Not-for-profit, Courts at 04:40 PM | Permalink | Comments (1)
 
 

Group in Heimlich Scandal Disbands

An Illinois nonprofit organization that once sued a local blogger after he raised questions about its program has filed dissolution paperwork with the state.

The Save-a-Life Foundation (SALF) filed the papers with the Illinois Secretary of State’s Office on Sept. 17. The action ends the existence of the 16-year-old corporation.

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by Julianne Warren-Novick 02.12.2010
Posted In: Social Justice, News, Courts at 03:31 PM | Permalink | Comments (8)
 
 

Cincinnati Priest Faces Sexual Abuse Charges

Continuing a trend that just won't go away, Father Robert F. Poandl of Cincinnati pleaded not guilty this morning to charges of sexual abuse, which allegedly occurred in 1991. The now 28-year-old man claimed that Poandl molested him during a trip to the Holy Redeemer Catholic Church in West Virginia, where he was accompanying Poandl who was to fill in for a local priest there.

Poandl was indicted last month on charges of 1st degree sexual assault, 1st degree sexual abuse and sexual abuse by a custodian. Father Dan Dorsey, president of Glenmary Home Missioners, to which Poandl was an associate, says Poandl was removed from active service as a pastor in Georgia when he learned of the allegations in June of last year.

However Catholic officials are receiving criticism from SNAP (the Survivors Network of those Abused by Priests) for not publicly addressing the allegations sooner. “We...hope Catholic officials - in both Ohio and West Virginia - will tell the truth about why they kept quiet about these allegations for over six months,” said the group's midwest director, Judy Jones, in a statement released on Thursday. “Such secrecy is immoral and reckless, and may have led to other kids being abused too.” Poandl has served as a priest since 1968. He has resided as pastor over churches in Georgia, Oklahoma, Texas, and Mississippi.

As to why the alleged victim was even with Poandl in West Virginia at the time, it is unclear. Details over their visit to Holy Redeemer Catholic Church have yet to be disclosed. However one thing is certain, and that is it will be a much greater surprise if Poandl is found innocent of these charges than it will be if he is found guilty. It's strange to find oneself desensitized to a matter such as this. But unfortunately, Poandl is just another number in the 4,450 priests accused of sexual abuse between 1950 and 2002, this according to a 2004 survey commissioned by the U.S. Conference of Catholic Bishops.

Poandl's trial is scheduled for June 15, 2010. He is free on a bond of $15,000.

 
 
by 05.06.2010
Posted In: Courts, Police, Human Rights at 03:59 PM | Permalink | Comments (2)
 
 

Sheriff Settles Suit for $30,000

It seems Hamilton County Sheriff Simon Leis Jr. doesn’t like speaking under oath in a court of law, and wants taxpayers to pay to help him avoid it.

The Hamilton County Sheriff’s Office has agreed to settle a federal lawsuit filed by a former Justice Center inmate over an August 2007 incident in which he was shot three times by a pepperball gun at point blank range while already incapacitated.

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by Kevin Osborne 12.15.2011
Posted In: Neighborhoods, History, City Council, Courts at 03:45 PM | Permalink | Comments (3)
 
 
gamble house

Group Upset at Gamble Neglect

A group that supports preserving the historic Gamble House in Westwood is angry that Cincinnati building inspectors aren't enforcing the law at the property, which is allowing heavy rainfall to damage it while a court battle drags on about whether to save the mansion from demolition.

Bob Prokop, of Save the Historic Gamble Estate Now, said the city's inaction about securing the house contradicts what a building inspector told him would be done at the property in an email from last spring.

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by 07.23.2009
Posted In: Public Policy, City Council, Courts at 01:46 PM | Permalink | Comments (2)
 
 

Cincinnati's Sordid History with Panhandlers

Amid all the debate over a recent proposal to tax panhandlers, some people have wondered whatever happened to Cincinnati’s requirement that all beggars get city-issued I.D. badges. In a little-noticed decision, an appellate court struck down that provision more than two years ago.

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by Kevin Osborne 02.17.2012
Posted In: 2010 Election, Courts, Democrats, Republicans at 03:20 PM | Permalink | Comments (1)
 
 
alex

Appeal in Elections Case Could Be Costly

A pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.

The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.

Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.

U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.

On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.

Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.

“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”

But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.

The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.

It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.

If an appeal is pursued, the county could be at risk of paying much more.  A lengthy appeal process could easily double what’s been spent so far, legal experts said.

The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.

Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.

“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”

Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.

“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.

Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.  

Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.

 
 
by German Lopez 09.13.2012
Posted In: Government, News, 2012 Election, Courts, Economy at 09:10 AM | Permalink | Comments (0)
 
 
jon_husted_518045c

Morning News and Stuff

More bad news for Secretary of State Jon Husted. The Ohio Supreme Court told Husted his approved ballot language for Issue 2 contains “factual inaccuracies” and must be rewritten by the Ballot Board. Voters First previously contested the language as misleading to voters. If approved by voters, Issue 2 will put an independent citizens commission in charge of redistricting. Under the current system, state officials redraw borders, sometimes using the process for political advantage. In Cincinnati’s district, the Republican-controlled process redrew the district to include Warren County, giving the district more rural voters that tend to side with Republicans instead of urban voters that tend to side with Democrats. Voters First mocked the process with a graph showing how redistricting decisions can sometimes be made in 13 minutes with no questions asked. CityBeat covered the redistricting process here when Issue 2 was still in the petition process.

Ohio’s median income dropped last year, according to a new report from the U.S. Census Bureau. But rates of poverty and uninsured rates remained the same. Nationwide, uninsured rates dropped from 16.3 percent in 2010 to 15.7 percent in 2011, meaning 1.4 million people gained health coverage. Some of that is attributable to health-care reform passed by President Barack Obama.

Former University of Cincinnati President Greg Williams is getting a pretty nice going-away present. The Board of Trustees approved a package for Williams that adds up to more than $1.2 million. It includes a bonus, retirement benefits, consulting fees, a year’s salary and a contract buyout. Williams abruptly left UC on Aug. 21, citing personal reasons.

Homeless shelters will cost more than expected, says 3CDC. The nonprofit group said it will cost about $40 million to build three homeless shelters and help finance others.

With the support of Democrats and Republicans, the Ohio legislature approved pension reforms yesterday. The reforms lower benefits, raise contributions requirements, increase the retirement eligibility age, establish new cost-of-living guidelines and set a new formula to calculate benefits, all for future retirees. For the most part, current retirees are not affected. Senate President Tom Niehaus, a Republican, said, “We know the changes are not popular, but they are necessary.” Before the changes, the system was losing $1 million a day, according to a statement from Rep. Robert Hagan, a Democrat.

Sen. Sherrod Brown of Ohio is pushing against banks that take advantage of college students. In a letter to Higher One, Brown told the bank to rework its contracts with universities. Brown wrote in the letter, “Federal student aid programs should help students prepare for the future, not extract fee income from them.” He went on to ask the bank to redo its contracts so they are “consumer-friendly and consistent with reforms that Congress enacted for the credit card market.”

Ohio’s inspector general found ODJFS wrongly reimbursed organizations in central Ohio with federal stimulus funds when the organizations did not follow rules.

Vice President Joe Biden was in Dayton yesterday. During his speech, he spoke about the attack on the U.S. embassy in Libya, which led to the death of U.S. Ambassador Chris Stevens. Biden vowed justice will be served.

Presidential candidate Mitt Romney unleashed a big foreign policy gaffe yesterday when he politicized the attack on the U.S. embassy in Libya. The attack was revealed to cause the death of Stevens after Romney made his comments.

Math shows homeopathy, a trend in medicine, is implausible.

 
 

 

 

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by German Lopez 06.12.2013 5 days ago
Posted In: News, Privatization, Budget, Courts at 02:23 PM | Permalink | Comments (0)
 
 
parking news

Court Sides with City on Parking Plan

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 todays 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 says.

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 parking plan.

“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 ruling.

“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 enforcement.

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.

 
 
by German Lopez 04.18.2013 60 days ago
Posted In: News, Courts, Streetcar at 09:17 AM | Permalink | Comments (0)
 
 
news1_fines

Morning News and Stuff

Ohio courts hurt poor, Qualls calls for streetcar hearing, House to vote on budget today

A new report from the American Civil Liberties Union of Ohio (ACLU) found Ohio's poor are regularly victimized by illegal practices in courts that jail the state's poor for failing to pay fines they can't afford. The problem particularly afflicts the state's rural counties, which sometimes openly admit to jailing people even when they can't afford to pay fines. The ACLU says courts need to be more transparent in communicating defendants' rights, provide retroactive credits to those wrongfully incarcerated based on circumstances of poverty and consistently hold hearings to assess defendants' financial viability and willfulness to pay fines.

The streetcar is being threatened by a $22.7 million budget gap, and Vice Mayor Roxanne Qualls, a Democrat who is running for mayor and has long supported the streetcar, is calling a meeting to get all the details on how the project got here and whether it's still economically viable. Qualls says it's too soon to jump to conclusions about the project's fate, and she says she would like to see the options and details laid out by City Manager Milton Dohoney Jr. at the hearing. But Democratic mayoral candidate John Cranley, a longtime opponent of the streetcar, is already using the news to call for the project's demise. The streetcar is one of few issues dividing the Democratic candidates in the mayoral race, which the latest poll has Qualls leading by 14 points.

The Ohio House is expected to vote on a budget today that would defund Planned Parenthood, ban comprehensive sex education and fund crisis pregnancy centers that promote abstinence-only, anti-abortion education. This week, the budget has been regularly mocked by Democrats for potentially opening teachers to lawsuits if they explain condoms, other forms of birth control and other basic sex facts to students in a way that could lead to "gateway sexual activity."

The Ohio House budget bill also fails to expand Medicaid — a failing that Moody's is warning could put hospitals at risk for budgetary shortfalls. The report points out that hospitals were supposed to get more patients through a Medicaid expansion, which would be funded almost entirely by the federal government through Obamacare, to make up for a reduction of federal reimbursements for uncompensated care. The Medicaid expansion would have insured 456,000 Ohioans and saved the state money, according to a report from the Health Policy Institute of Ohio. CityBeat covered the Medicaid expansion in greater detail here.

For student voters, the Ohio House budget bill would also make it more difficult to vote by forcing public universities to withhold essential documents that can be used as voter identification. The rule would make it so universities have to declare students in-state for tuition purposes when issuing them a letter or utility bill to vote, effectively costing universities extra revenue from out-of-state students if they choose to issue the documents. Democratic State Rep. Kathleen Clyde says the move will likely make it so universities never hand over the documents.

This week's CityBeat commentary: "Bad Budget Ideas Confound Public Discourse."

As the city wrestles with laying off cops and firefighters to balance the budget, Cincinnati Police Chief James Craig is considering a potential job offer in Detroit "very carefully." Craig interviewed for the top cop position in Detroit last week. "I'm humbled they would consider me a top candidate," Craig told The Cincinnati Enquirer.

A new poll found Republican Gov. John Kasich in "reasonably good shape" for re-election, beating potential challenger Cuyahoga County Executive Ed FitzGerald 46-37.

Disbarred attorney Stan Chesley resigned from the University of Cincinnati Board of Trustees after being asked to by fellow board members.

Metro announced new direct, crosstown routes yesterday. The routes will make it easier to travel from the east to west side and vice versa.

The Business Courier has a look at the top 10 worst-paying Cincinnati jobs.

Five to 15 were killed and more than 150 were injured in a Texas fertilizer plant explosion yesterday.

Even though a majority of 54 voted in favor and only 46 voted against it, the background checks bill for gun buyers failed in the U.S. Senate yesterday, failing to overcome what was essentially a filibuster. Ohio's senators were split on the issue, with Sen. Rob Portman voting against the bill and Sen. Sherrod Brown voting in favor. Universal background checks are supported by more than 90 percent of Americans, according to a poll from The New York Times and CBS.

Scientists have found magnetic brain stimulation could remove cravings for cigarettes.

 
 
by German Lopez 04.10.2013 68 days ago
Posted In: Health, News, Budget, Courts at 09:20 AM | Permalink | Comments (0)
 
 
cover-kasich-2

Morning News and Stuff

House reworks Kasich budget, pro-choice group criticizes budget, city asks for stay on ruling

Ohio House Republicans released their own budget proposal yesterday that does away with many of Gov. John Kasich’s proposed policies. The budget gets rid of the Medicaid expansion, the oil and gas severance tax and the sales tax expansion. It also reduces the state income tax cut to 7 percent, down from 20 percent in Kasich’s plan. The amount of schools getting no increased funding under a new school funding formula decreased from 368 in Kasich’s plan to 175 in the House plan, addressing issues that selective wealthy schools were benefiting too much from Kasich’s proposed school funding formula. CityBeat covered Kasich’s budget proposal in detail here.

NARAL Pro-Choice Ohio is criticizing the Ohio House’s proposed budget for defunding Planned Parenthood and redirecting federal funds to anti-abortion crisis pregnancy centers (CPCs). A study from NARAL Pro-Choice Ohio, which is highly supportive of abortion rights, found 47 percent of CPCs gave inaccurate medical information regarding a link between mental health problems and abortion, and 38 percent provided false information about the connection between breast cancer, infertility and abortion, among other findings.

The city of Cincinnati is asking Judge Robert Winkler to stay his previous ruling so the city can use emergency clauses to expedite legislation. City Solicitor John Curp says the city needs emergency clause powers in case of natural disasters and to advance economic development deals that need to be implemented before 30 days. The city previously used emergency clauses to avoid a 30-day waiting period for implementing laws, but Winkler ruled the clauses do not nullify the right to referendum, effectively eliminating the use of emergency clauses because the city now always has to wait 30 days in case of a referendum effort. The ruling was given after City Council used an emergency clause to expedite the lease of the city’s parking assets to the Port Authority to help balance deficits and fund economic development.

With the support of Councilwoman Yvette Simpson, City Council is looking to study youth poverty, homelessness and other issues to better prioritize city policy. The $175,000 study, which will be mostly privately funded, will look at multiple factors affecting the city’s youth, including crime, poverty, homelessness and educational opportunities. Simpson says the study will be the first comprehensive look at the city’s youth.

Democratic Ohio Sen. Sherrod Brown’s bill to end Too Big to Fail was leaked to the press Friday, and The Washington Post has an analysis on what it does here. While the bill doesn’t explicitly break up big banks, it does severely limit big banks in a way that may encourage them to downsize. Brown will co-sponsor the bill with Republican La. Sen. David Vitter, making it a bipartisan compromise. CityBeat covered Brown’s efforts in further detail here.

Ky. Sen. Mitch McConnell’s re-election campaign is complaining someone bugged a meeting to listen in on staff’s plans for the 2014 election. Jesse Benton, campaign manager for McConnell, said in a statement, “Today’s developments ... go far beyond anything I’ve seen in American politics and are comparable only to Richard Nixon’s efforts to bug Democratic Party Headquarters at the Watergate 40 years ago.” During the meeting, McConnell’s staff alluded to labeling potential opponent Ashley Judd as “unbalanced” by bringing up past mental health problems. Meanwhile, recent polling found McConnell is no lock for re-election.

As the media ramps up fears of another Korean war, many analysts feel there is no chance of war. Meanwhile, South Koreans seem more bored than concerned with the North’s threats.

Scientists discovered evidence of “dark lightning,” which may emanate from thunderstorms alongside visible lightning.

 
 
by German Lopez 03.15.2013 94 days ago
Posted In: News, Courts, Parking at 11:26 AM | Permalink | Comments (0)
 
 
parking news

Ruling to Determine Parking Plan's Future

City, parking plan opponents meet in court, judge unlikely to rule today

The city of Cincinnati and opponents of the parking plan met in court today to debate whether laws passed with emergency clauses are subject to referendum — a crucial legal issue as the city attempts to speed ahead with plans to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the deficit and foster economic development.

After hearing extensive legal arguments from both sides, Judge Robert Winkler, who presided over the hearings, said a decision is unlikely today.

Curt Hartman, who represented opponents of the parking plan, argued the city charter’s definition of emergency clauses is ambiguous, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.

Terry Nestor, who represented the city, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.

Cincinnati’s city charter does not specify whether emergency legislation is subject to referendum, but state law explicitly says emergency laws are not subject to referendum.

Meg Olberding, city spokesperson, previously told CityBeat that if the parking plan is held up for too long in legal battles, the city will have to carry out spending cuts before July to balance the budget in time for the 2014 fiscal year.

Emergency clauses remove a 30-day waiting period on approved legislation, and the city claims they also remove the possibility of referendum.

City Council approved the parking plan in a 5-4 vote on March 6 before attaching an emergency clause to the law in a 6-3 vote. But the law was quickly put on hold by a temporary restraining order from Winkler after a lawsuit was filed in favor of subjecting the plan to referendum.

Opponents of the parking plan say they’re concerned the plan will cede too much control over the city’s parking meters, which they say could lead to skyrocketing parking rates. 

The city says rates are set at 3 percent or inflation, but the rate can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.

The city is pursuing the parking plan to help balance the city’s deficit for the next two fiscal years and enable economic development projects (“Parking Stimulus,” issue of Feb. 27).

 
 
by German Lopez 02.12.2013 125 days ago
Posted In: Anna Louise Inn, Courts, Development, News at 02:28 PM | Permalink | Comments (0)
 
 
anna louise inn

Anna Louise Inn, Western & Southern Returning to Court

Hearings set with Judge Norbert Nadel for April

The Anna Louise Inn and Western & Southern will meet again in court in April to begin the next chapter of the ongoing zoning dispute between the longtime neighbors. 

In a Feb. 8 ruling, the Ohio First District Court of Appeals agreed with a lower court that Cincinnati Union Bethel, which owns the Inn, filed an incomplete permit application. The ruling asks CUB to resubmit the funding requests to the city of Cincinnati — except this time CUB will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program. 

But Tim Burke, attorney for CUB, says CUB already carried out the court’s requirements. After Judge Norbert Nadel ruled May 4 that the Inn didn’t properly fill out its original application, CUB started a second chain of applications to obtain a conditional use permit to meet Nadel’s zoning specifications. The new applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.

Last week’s appeals court ruling sent the case back down to the lower court on a legal technicality. With the ruling, all the Anna Louise Inn cases, including the separate chain of zoning appeals, are essentially consolidated to Nadel. 

The dispute began in 2010, when Western & Southern sued the Anna Louise Inn over zoning issues to block $13 million in city- and state-distributed federal loans to renovate the building. Western & Southern declined an opportunity to purchase the building in 2009, but now seems interested in turning it into a luxury hotel. 

The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.

For more information about this ongoing dispute, visit CityBeat's collection of coverage here.

 
 
by German Lopez 02.08.2013 129 days ago
Posted In: Anna Louise Inn, News, Courts at 01:00 PM | Permalink | Comments (0)
 
 
Anna Louise Inn

Anna Louise Inn Could Be Back at Square One

Appeals court says incomplete application must be refiled with lower court

The latest appeals court ruling did not give the Anna Louise Inn much peace of mind in its ongoing feud with Western & Southern. On Friday, the Ohio First District Court of Appeals affirmed most of a lower court’s ruling against the Anna Louise Inn, but it sent the case back down to the lower court on a legal technicality.

The ruling means the case could restart, potentially setting Cincinnati Union Bethel, which owns the inn, and Western & Southern on another path of court hearings and appeals that will take up taxpayer money and the courts time — all because Western & Southern is bitter it didn’t purchase the Anna Louise Inn when given the opportunity.

By agreeing with the lower court that Cincinnati Union Bethel filed an incomplete application, the appeals court is now asking the owners of the Anna Louise Inn to resubmit their funding requests to the city of Cincinnati — except this time Cincinnati Union Bethel will have to include details about previously omitted parts of the Anna Louise Inn and the Off the Streets program.

But Tim Burke, Cincinnati Union Bethel’s attorney, is hopeful the process will not have to restart. He says Cincinnati Union Bethel already carried out the appeals court’s requirements. After Hamilton County Judge Norbert Nadel handed down his May 4 ruling against the Anna Louise Inn, Cincinnati Union Bethel started a second chain of zoning and permit applications to obtain a conditional use permit that met Nadel’s specifications. So far, the applications have been approved by Cincinnati’s Historic Conservation Board and the Cincinnati Zoning Board of Appeals, but Western & Southern is appealing those rulings as well.

Burke and Cincinnati Union Bethel hope to meet with Nadel Monday to make their case. If they’re successful, they’ll stave off another series of court hearings and appeals.

Burke says the case has been a uniquely negative experience — previously calling it one of the most frustrating of his career. He says Western & Southern’s actions are pure obstructionism: “They benefit from delays, and that’s all they’re trying to do.”

Cincinnati Union Bethel wants to use city funds to help finance $13 million in renovations for the Anna Louise Inn, which are necessary to keep the building open and functional.

The Anna Louise Inn is a 103-year-old building that provides shelter to low-income women. Its Off the Streets program helps women involved in prostitution turn their lives around.

Western & Southern previously supported the Anna Louise Inn and the Off the Streets program with direct donations, but the friendly relations abruptly ended when Cincinnati Union Bethel refused to sell the building to Western & Southern, instead opting to renovate the Inn. At that point, Western & Southern began a series of legal challenges meant to obstruct Cincinnati Union Bethel’s renovation plans.

The zoning debate centers around whether the Anna Louise Inn qualifies as a “special assistance shelter” or “transitional housing.” The Anna Louise Inn originally claimed to be transitional housing, but Nadel ruled the building is a special assistance shelter. After that ruling, Cincinnati Union Bethel obtained a conditional use permit for the new classification, but Western & Southern is now disputing the approval of that permit.

For more information about this ongoing dispute, visit CityBeat's collection of coverage here.

 
 
by German Lopez 01.24.2013
Posted In: Budget, Courts, News at 03:37 PM | Permalink | Comments (0)
 
 
city hall

City Negotiating Settlement Over Pension-Funding Lawsuit

April deadline to settle with AFSCME over accusations of underfunding

The city of Cincinnati and a union representing city workers are currently negotiating an out-of-court settlement for a lawsuit involving the city's pension program.

The American Federation of State, County and Municipal Employees (AFSCME) claimed in a 2011 lawsuit that the city government isn’t meeting funding requirements. A Hamilton County Court of Common Pleas motion filed Jan. 4 and accepted Jan. 23 gives the city and AFSCME until April to settle the case out of court.

By law, Cincinnati is required to heed to the Cincinnati Retirement System (CRS) Board of Trustees when setting the percent of payroll the city must contribute to retirees. But the AFSCME lawsuit argues the city hasn’t been making contributions dictated by the board.

The lawsuit, which dates back to June 2011, cites minutes from a CRS Board of Trustees meeting on July 20, 2010 to show the board accepted a report from Cavanaugh Macdonald Consulting, LLC. The report asked the city to contribute 46.22 percent of payroll to retiree benefits — 12.32 percent to retiree health benefits and 33.9 percent to other CRS benefits — during the 2011 fiscal year.

Instead, the city biennial budget for 2011 and 2012 established a contribution rate of 17 percent — way below the recommended sum.

The AFSCME lawsuit alleges the low contributions reflect a “longstanding pattern” from city government. It points to a 2002 report from the CRS Board of Trustees that found the city was not meeting requirements set by the board then, either.

The lawsuit asks for a court mandate requiring city government to find out how much it needs to contribute, establish a mechanism for collecting the amounts required and appropriate and contribute the required amounts.

City Solicitor John Curp says the debate is between long-term and short-term interests. On AFSCME’s side, the union wants to get as much from payroll contributions as possible for represented retirees, even if it means a short-term economic and budget shock for the city. On the city’s side, City Council is more interested in meeting long-term requirements for the pension fund, instead of keeping up with shifting annual numbers that could negatively impact the city economy and budget.

City government’s approach attempts to balance short-term and long-term needs with a long-term goal. It means the city pension is underfunded during some years, particularly when the economy is in a bad state. But it keeps rates steady, letting the city avoid sudden funding changes that would require spending cuts or tax hikes to keep the budget balanced.

By adopting a large short-term contribution rate, the city would likely hurt its budget in ways that would negatively affect city employees represented by AFSCME. If the city was forced to contribute 46.22 percent of payroll to CRS — up from 17 percent — it would probably be forced to cut spending elsewhere, which would lead to layoffs.

This story was updated on Jan. 25 at 12:40 p.m. to reflect comments from City Solicitor John Curp.

 
 
by German Lopez 12.27.2012
Posted In: Homelessness, News, Economy, Business, Courts, Prisons at 10:04 AM | Permalink | Comments (0)
 
 
scioto jcf

Morning News and Stuff

Youthful prisons get mixed report, Leis to stay on public payroll, shelter move approved

Despite problems with staff and records, a report is calling changes to Ohio’s youth prisons system a model for the nation. The report from a court-appointed monitor praised the Ohio Department of Youth Services for reducing the number of offenders in secure confinement and spreading services for youthful offenders around the state. However, the report also points out staff shortages, inadequate teachers and inconsistent medical records. Advocates for youthful offenders claim the bad findings show a need for continued court supervision.

There’s a new sheriff in town, and the old one is becoming a visiting judge. Simon Leis, who served as sheriff for 25 years, is best known for going after an allegedly obscene Robert Mapplethorpe exhibit and prosecuting pornographer Larry Flynt. As visiting judge, he will take on cases other judges are assigned but can’t get to due to full dockets.

An appeals court is allowing City Gospel Mission to move to Queensgate. The special assistance shelter wants to move from its current Over-the-Rhine property to Dalton Avenue, but businesses and property owners at Queensgate oppose the relocation. In its opinion, the Ohio First District Court of Appeals said opponents to the relocation “have not raised any genuine issues of material fact in support of their constitutional attack upon the notwithstanding ordinance in their capacity as neighboring businesses and property owners.”

Butler County nonprofit services are worried that a greater need for their services in 2013 will force more budget tightening.

U.S. retailers did not have a good Christmas. Holiday sales were at the lowest they’ve been since 2008. The disappointing sales have forced retailers to offer big discounts in hopes of selling excess inventory.

Former president George H.W. Bush is in intensive care “following a series of setbacks including a persistent fever,” according to his spokesperson.

The Food and Drug Administration says FrankenFish, a giant, genetically modified salmon, is environmentally safe.

Fun fact: More Iranians worry about global warming than Americans. 

Colleges are now helping students scrub their online footprints.

Antifreeze now tastes bitter to deter animals and children from eating it.

Scientists have developed a highly advanced robot boy capable of doing chores. Keep its face in mind, for you could be looking at the first of our future robot overlords.

 
 
by Andy Brownfield 12.26.2012
Posted In: Courts, Governor, News, Police at 03:09 PM | Permalink | Comments (0)
 
 
simon leis

Leis to Stay on Public Payroll

Retiring sheriff will take visiting judge job in 2013

Outgoing Hamilton County Sheriff Simon Leis is retiring after his current term and Jim Neil will replace him on Jan. 6, 2013, but that doesn’t mean Leis is done with public life.

The lawman best known for the raid of the Contemporary Arts Center over an allegedly obscene Robert Mapplethorpe exhibit and his prosecution of pornographer Larry Flynt will begin serving as a visiting judge in 2013, according to letters first published by The Enquirer.

Before being appointed sheriff, Leis served as a Hamilton County Common Pleas judge from 1982 to 1987. Prior to that he was Hamilton County prosecutor for 12 years.

The letters dated May 1, 2012 and Oct. 22, 2012 indicate that Leis wrote Ohio Supreme Court Chief Justice Maureen O’Connor to let her know he was retiring and was interested in being assigned as a visiting judge.

Visiting judges are in charge of all of the cases other judges are assigned but can’t get to due to full dockets. Leis will be paid the standard visiting judge rate of $60.68 per hour.

Since Leis last served as judge 25 years ago, O’Connor is requiring him to shadow another judge for a day or so to get back up to speed. Leis has kept his law license current since becoming sheriff.

 
 
by German Lopez 12.26.2012
Posted In: News, Courts, Education, Budget, Spending at 10:13 AM | Permalink | Comments (0)
 
 
kasich_2

Morning News and Stuff

CPS helps rework school funding, cuts mean less teachers, judges against double-dipping

Cincinnati Public Schools seems to be playing a big role in reforming Ohio’s school funding formula. Superintendent Mary Ronan got a call from Gov. John Kasich’s office about the per-pupil funding formula CPS uses to distribute funds to its schools. It seems the state might adopt a similar method, but Ronan is cautious: “I do think it's one of the ways you could do it, a per-pupil funding, but I have to say, we were always tweaking every year ... because sometimes those formulas can be a bit off and any time we saw one school getting a lot more than another ... we tried to refine it every year over probably the 15 years we have used it.” She also notes schools are getting “bare minimum” funding right now. CityBeat covered budget problems at CPS here.

In general, state budget cuts have led to fewer teachers in Ohio schools. Gov. Kasich previously urged schools to focus on classroom instruction, but it seems the words aren't being followed up with proper funding.

Southwestern Ohio judges are clashing over double-dipping. The practice involves government workers retiring and getting rehired so they can collect pensions and a paycheck at the same time. At a meeting, Hamilton County Judge Melba Marsh said she wants to allow Magistrate Michael Bachman to retire and then be rehired so he doesn't lose a 3-percent increase to his retirement, which is otherwise being eliminated by the Ohio Public Employees Retirement System after 2012. But the move has been met with resistance from other judges.

For Cincinnati hospitals, Medicare changes mean some loss and some gain.

The online campaign urging Macy’s to dump Donald Trump circled a “Dump Trump” billboard around Macy’s headquarters. The anti-Trump movement has gained about 680,000 signatures since it started.

On Christmas Eve, some spent time with family, while Butler County Deputy David Runnells helped deliver a baby in the back of a car during an emergency call.

Ohio will use $20 million out of $200 million in casino funds to train incumbent workers. Gov. Kasich says the program could help avoid layoffs.

It seems Mitt Romney's presidential campaign really thought they were going to win. In campaign memos leading up to the election, campaign staff said the race was “unmistakably moving in Mitt Romney’s direction,” and the campaign ridiculed the possibility of losing Ohio due to the Romney campaign’s “better ground game.” But President Barack Obama had a much larger ground game for one-on-one interaction, which is one of the factors former Romney staff now say led to their demise. But whatever. Romney didn't want to be president, anyway, says son Tagg Romney: He wanted to be president less than anyone I’ve met in my life. He had no desire to ... run.

Fiscal cliff talks aren’t going well. President Obama cut his vacation early to work out negotiations. If Republicans and Democrats can’t work out their problems, a series of spending cuts and tax hikes dubbed the “fiscal cliff” will kick in throughout 2013. But it’s looking more and more likely the nation will head off the cliff, considering U.S. Speaker John Boehner can’t even pass tax hikes on people making more than $1 million a year.

Ever wonder what dinosaur meat would taste like? Well, Popular Science has that covered.

 
 
 
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