Speaking at a press conference today, city officials did not mask their contempt for the ruling that put the parking plan on hold earlier in the day, saying it will force the city to make cuts and layoffs to balance the 2014 budget and potentially eliminate the passage of expedited legislation. The press conference was in response to a ruling from Hamilton County Judge Robert Winkler, which opened the parking plan to referendum and ordered a permanent injunction on the plan pending any referendum effort. City Solicitor John Curp said the city is appealing the ruling. Mayor Mark Mallory and City Manager Milton Dohoney Jr. explained the city will now have to close a $25.8 million shortfall in the budget for fiscal year 2014, which begins July 1. Dohoney said he has already ordered city departments to begin preparations for Plan B, which will lay off 344 employees, including 80 firefighter and 189 police positions, to balance projected deficits. “Part of the irony is we're swearing in a recruit class tomorrow,” he said, then shook his head. “Too bad.” In addition to meeting the July 1 budget deadline, the city has to expedite some layoff notices to meet union contracts, which typically require a notice 30 days in advance. Curp said the ruling also poses significant legal challenges that will hinder the city’s ability to expedite legislation with emergency clauses. Emergency clauses are often used by City Council to remove a 30-day waiting period on passed laws, and the city argues they also remove the ability to referendum. The layoffs could be retroactively pulled back if the city wins in appeals courts or if the referendum effort fails to gather enough petitions. “Don't sign the petition,” Mallory said. “If you sign a petition, you're laying off a cop or firefighter.” Dohoney said the delays make the city look sluggish — an image that he says the city has been trying to overcome. “One of the criticisms I’ve gotten is that this city takes too long to get deals done,” he said. “This complicates that.” City Council approved the parking plan to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the budget for the next two fiscal years and fund development projects around the city, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27). Opponents of the plan argued that there were alternatives that did not involve laying off cops or firefighters. Councilman Chris Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent. At the press conference, Mallory called the alternatives “unworkable.” He said Plan S in particular does not work because it relies on a ballot initiative that would have to be voted on in November. “We don’t have until November,” he said. Opponents say they’re concerned the parking plan will cede too much control over the city’s parking meters, which they say will lead to a spike in parking rates. The city says rate increases are initially capped at 3 percent or inflation — whichever is higher — but the rates 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 be made up of four people appointed by the Port Authority and one appointed by the city manager. In the legal proceedings, the two sides are arguing whether emergency clauses eliminate the ability to hold a referendum on legislation. Opponents of the parking plan, headed by the Coalition Opposed to Additional Spending and Taxes (COAST), say the city charter is ambiguous with its definition of emergency clauses, and legal precedent demands courts side with voters’ right to referendum when there’s ambiguity. Supporters of the parking plan cite state law, which says emergency legislation is not subject to referendum. Terry Nestor, who represented the city in the court hearings, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter. Winkler sided with opponents of the parking plan in his decision. He wrote in his ruling, “If the people of Cincinnati had intended to exempt emergency legislation from their referendum powers, they could have done so when adopting Article II, Section 3 of the City Charter.” Mallory says the city is not disputing voters’ right to referendum in a general sense; instead, he says the city needs to expedite the budget process to balance the budget before fiscal year 2014.City officials say the parking plan is necessary largely because of Gov. John Kasich’s local government funding cuts, which Dohoney previously said cost Cincinnati $22.2 million in annual revenues (“Enemy of the State,” issue of March 20). Opponents argue Cincinnati had structurally imbalanced budgets years before Kasich took office, but the city says Kasich’s policies have made the situation much worse.The parking plan is one of the few issues dividing Democratic mayoral candidates John Cranley and Vice Mayor Roxanne Qualls. Cranley opposes the plan, while Qualls supports it.

Even as it faces budget cuts, the Hamilton County Sheriff’s office says it wants more staff to keep up with higher jail populations — especially in light of a new measure that will keep more people detained until they appear in court. The measure is in response to some people never showing up to court after being released from jail. Staff are crediting the feasibility of the measure to Hamilton County Sheriff Jim Neil encouraging them to think “outside the box.” Still, Hamilton County Board of Commissioners President Chris Monzel says the cost of the program might require Neil to think “inside the box.” The Ohio Tax Credit Authority is giving tax breaks to 13 businesses around the state in hopes of creating 1,417 jobs and spurring $83 million in investment. Seven of the projects are in the Hamilton, Butler and Clinton counties, with one in Cincinnati. The Ohio House easily passed a bill that would effectively shut down Internet sweepstakes cafes, but the Ohio Senate is including the measure in a more comprehensive gambling bill. Senate President Keith Faber says there are a lot of issues related to gambling in Ohio, and the cafes are just one part of the problem. Ohio Sen. Rob Portman is one of many being targeted by New York City Mayor Michael Bloomberg’s pro-gun control ad campaign. Bloomberg is a leader in supporting more restrictive gun measures, and he’s planning on airing the ads in 13 states during the ongoing congressional spring break to push for stricter background checks and other new rules. Ohio failed to show improvement in the latest infrastructure report card from the American Society of Civil Engineers (ASCE). In both 2009 and 2013, Ohio got a C- for its infrastructure, which translates to 2,462 structurally deficient bridges and puts about 42 percent of roadways as “poor” or “mediocre” quality. But the report might not be as bad as it sounds. The Washington Post’s Brad Plumer argues that the ASCE is notoriously too harsh. A study from NerdWallet found Cincinnati is the No. 1 city in the nation for consumer banking. Duke Energy rolled out a new logo yesterday. A former Miami University student is facing charges for allegedly changing his grades. More options aren’t always a good thing, according to some science. A new study found more choices can lead to bad, risky decisions.

In a ruling today, Hamilton County Judge Robert Winkler said the city will have to allow for a referendum on the parking plan and imposed a permanent injunction pending the outcome of a referendum. The ruling means the city may be unable to rely on the parking plan to balance fiscal year 2014’s budget, and the city may be forced to find cuts elsewhere by July 1, when the new budget will kick in.The ruling may be appealed, but City Solicitor John Curp says he is not aware of any filing yet. He says Mayor Mark Mallory and the city administration plan to hold a press conference later this afternoon to discuss the ruling in further detail.For opponents of the parking plan, the ruling comes as a big victory that will allow them to put the parking plan on the ballot if they gather enough eligible petition signatures by April 5. For the city, the ruling potentially leaves a $25.8 million hole in the 2014 budget. When the restraining order was extended for two weeks on March 20, city spokesperson Meg Olberding told CityBeat the delays were causing the city to approach a “pressure point”: “We respect the court's right to do that (the extension), and know that every day that we cannot make the parking deal happen is a day that we are closer to having to lay people off.”In the past, City Manager Milton Dohoney Jr. said the plan will force the city to lay off 344 employees, including 80 firefighter and 189 police positions. But opponents argue there are ways to solve the budget without laying people off. As an alternative to the parking plan, Councilman Chris Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent. City Council approved the parking plan on March 6 to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the budget for the next two fiscal years and fund more than $100 million in development projects, including the creation of a downtown grocery store and more than 300 luxury apartments ("Parking Stimulus," issue of Feb. 27). Opponents of the parking plan say they’re concerned the city will cede too much control over its parking assets and cause parking rates to skyrocket. The city says rate increases are initially capped at 3 percent or inflation — whichever is higher. But the rates 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 ruling comes after the city and opponents of the parking plan met in court on March 15 to discuss whether the plan is subject to referendum. Curt Hartmann, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST) and opponents of the parking plan, said the city charter is vague on its definition of emergency clauses, and legal precedent supports siding with voters’ right to referendum when there is ambiguity. The city cited state law to argue emergency clauses, which remove a 30-day waiting period on legislation, eliminate the possibility of referendum. 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. With his decision, Winkler sided with opponents of the parking plan. He wrote in the ruling, “If the people of Cincinnati had intended to exempt emergency legislation from their referendum powers, they could have done so when adopting Article II, Section 3 of the City Charter.” The parking plan is one of the few issues dividing Democratic mayoral candidates John Cranley and Vice Mayor Roxanne Qualls. Cranley opposes the plan, while Qualls supports it.

The U.S. Supreme Court is heading into its second day of hearings on same-sex marriage today. Yesterday, the Supreme Court held hearings for Proposition 8, a ballot initiative in California that overturned the legalization of gay marriage. Today, the court will hold hearings on the Defense of Marriage Act, the law that banned same-sex marriage at a federal level. The Washington Post posted more in-depth information about the legal arguments here. Cincinnati’s seasonally unadjusted unemployment rate fell sharply in February, from 8.6 percent in January to 7.5 percent. Unemployment in Hamilton County also fell from from 7.9 percent in January to 7.1 percent in February, and Greater Cincinnati’s rate fell from 8 percent to 7.4 percent. The dropping unemployment rates were matched with more people employed and less people unemployed. Ohio’s budget director says he thinks the state’s across-the-board income tax cuts will remain in the 2014-2015 budget, even as lawmakers take out other proposals put forward by Gov. John Kasich. The plan originally suggested by Kasich was widely criticized for disproportionately benefiting the wealthy, which CityBeat covered in further detail here. Cincinnati is moving toward semi-automated trash collection, which the city has outlined in full detail here. This spring and summer, approximately 90,000 households will receive a 65-gallon trash cart that will be assigned to each address. As part of the broader policy, the lids on the trash carts will have to be fully closed to be collected, and residents will have to call the city to request a pickup for bulky items. The city says semi-automation will save money, improve worker safety, free employees for other services, increase recycling and help keep neighborhoods cleaner and pests out. In response to USquare development workers not being paid prevailing wage, council members Laure Quinlivan, Cecil Thomas and Wendell Young are planning to pass a legislation that will require any construction project using at least 30 percent in city funds to pay all its workers prevailing wage. “These men were being pressured to sign documents stating they were paid prevailing wage when it was closer to minimum wage,” Quinlivan said in a statement. “These workers lost their jobs when they blew the whistle, and on their behalf, we intend to end worker exploitation on projects with significant city investment.” UC Health, the University of Cincinnati’s medical wing, says it wants to run ambulances in northern Kentucky. It recently submitted applications for permission through Kentucky’s Cabinet for Health and Family Services, which requires providers prove the need for some facilities and services before they can be opened. Mercy Health will open a downtown clinic on April 1. The prosecutor has dismissed charges against Punxsutawney Phil, the famous Pennsylvania groundhog who predicted an early spring. Here is a shark with two heads.

Ohio’s unemployment rate remained at 7 percent in February, unchanged from January but down from 7.5 percent in February 2012. The stagnant rate comes despite a generally positive national unemployment report in February — a sign that Ohio may be falling behind national growth rates. Both the amount of employed and unemployed grew, but growth in employment wasn’t enough to completely outweigh rises in unemployment. The job losses were mainly in construction, state government, trade, transportation and utilities, while professional and business services, educational and health services and financial activities had particularly strong growth. A state transportation budget that will raise rural speed limits to 70 mph and leverage the Ohio Turnpike for statewide transportation projects cleared the legislature. The bill received bipartisan support and opposition as it moved through the Ohio House and Senate. Supporters say the bill will create jobs and address the state’s infrastructure needs without raising taxes, but opponents are worried potential toll hikes at the Ohio Turnpike will hurt northern Ohio to subsidize projects for the rest of the state. Earlier in the day, Gov. John Kasich seemed to support same-sex civil unions, but his spokesperson walked back the comments to clarify the governor is still against changing the Ohio Constitution to support same-sex marriage and civil unions. The initial comments from Kasich sparked a response from Ian James, co-founder of FreedomOhio, which is pushing an amendment that would legalize same-sex marriage in Ohio for 2013: “I hope Gov. Kasich understands civil unions are banned by the Ohio Constitution as well and they are a cruel substitute for legal marriage.” The Republican Party is currently undergoing some soul-searching on the gay marriage issue, with a Republican National Committee report recently pointing out a generational divide on the issue and Sen. Rob Portman coming out in favor of marriage equality last week. Tea party leaders are threatening the Republican Party for recent moves supporting LGBT rights, including Portman’s acceptance of same-sex marriage. The group also opposes the expected appointment of Matt Borges to chairman of the Ohio Republican Party because of a 2004 misdemeanor ethics conviction that was later expunged and Borges’ work as a lobbyist for Equality Ohio, an LGBT group. Cincinnati’s year-over-year home sales were up in February, but growth wasn’t as quick as January. There were 1,662 homes sold in February, up 11.9 percent from February 2012 and more than the 1,600 homes sold in January. But January year-over-year sales were up 27 percent from 2012. Kasich’s sales tax plan, which was criticized for raising taxes across the board, may be dead, but Ohio legislators are still planning to carry out changes to the income tax with the 2014-2015 budget. In the past week, Policy Matters Ohio has pushed for the earned income tax credit, which CityBeat found could be a progressive alternative to an across-the-board cut to the income tax. CityBeat covered Kasich’s budget proposal in further detail here. The Ohio Development Services Agency says state tourism reaped $15 for every $1 put into marketing. In 2009 and 2010, the returns were $13. In 2011, the return was $14. Butler County Prosecuting Attorney Michael Gmoser indicted Punxsutawney Phil, a famous groundhog, for the ongoing bout of cold weather. The groundhog predicted an early spring. The universe’s estimated age has been bumped up to 13.8 billion years.

During Gov. John Kasich’s term as governor, local government funding has fallen by nearly half — from nearly $3 billion to about $1.6 billion — and Councilman P.G. Sittenfeld is leading an effort to get that funding back. With the support of Democratic officials from around the state, Sittenfeld is launching a website called ProtectMyOhio.com, which is gathering petition signatures that will eventually be sent to Kasich and members of the Ohio General Assembly. Hamilton County Judge Robert Winkler extended the temporary restraining order on the city’s parking plan yesterday, potentially delaying any ruling on the city's plan to lease its parking assets to the Port of Greater Cincinnati Development Authority for another two weeks. In response, the city said it’s approaching a “pressure point” for budget cuts for fiscal year 2014, which must be executed by July 1. Ohio House Republicans are looking to bolster education funding to poor districts in response to criticisms of Kasich’s 2014-2015 budget proposal. A previous CityBeat analysis found Kasich’s budget proposal disproportionately benefits the wealthy in a few ways, including education funding. City Council did not vote on funding for a feasibility study for Westwood Square Wednesday, but the vote could happen as early as next week. The delay came after the Westwood Civic Association said in a letter that the plan needs more discussion. The controversial election bill moved through the Ohio House yesterday despite calls for more time for debate. The bill, which will now head to Kasich to be signed into law, limits the referendum process by giving referendum and ballot initiative petitioners 10 days to get more signatures if the initial batch is found to be inadequate. Under current law, petitioners can continually search for more signatures while the secretary of state and ballot board sort through signatures. Republicans argue the change makes the petition process fair and uniform, but Democrats say it goes too far in weakening ballot initiative and referendum powers. The state’s $7.6 billion transportation budget, which includes plan to fund transportation projects around the state with Ohio Turnpike funds, breezed through the Ohio Senate Wednesday. It will reach the House for a scheduled vote today. Attorney General Mike DeWine announced new efforts to help sexual assault victims around Ohio by ensuring each county has adequate services. The efforts are in response to a survey that found 59 percent of counties don’t have comprehensive services and eight counties have very few or no services. “It is our goal to ensure that a quick and compassionate emergency response is available to any victim of sexual assault at any time of the day, any day of the week and in any area of the state,” DeWine said in a statement. The federal government released data that shows serious safety violations in hospitals that occurred since Jan. 1, 2011, and the University of Cincinnati Medical Center and Christ Hospital are both on the list. Hamilton County ranked No. 65 out of Ohio’s 88 counties for health in a new survey from Patrick Remington at the University of Wisconsin School of Medicine. The study found suburban counties fare much better than urban counties, and premature death is at a 20-year low. Accusations of inappropriate teacher behavior in Ohio are on the rise. Voyager 1 is or may soon become the first object humanity has ever sent out of the sun’s reach.

The city’s Youth Job Fair needs more employers to reach the city’s goal of 100, says Mayor Mark Mallory. The fair offers young people a chance to seek out jobs. Employers can sign up for the free booths at www.mayormallory.com. The petition to stop the parking plan is at 4,000 signatures — nearly half of the 8,522 required before April 5. Under the plan, the city will lease its parking assets to the Port of Greater Cincinnati Development Authority to help balance the 2014 and 2015 budgets and foster economic development, but opponents say the semi-privatization plan will cede too much control of the city’s parking assets and cause rates to skyrocket. Whether the plan is subject to referendum is currently being debated in court. JobsOhio, the privatized, nonprofit development agency, met the deadline on a subpoena issued by State Auditor Dave Yost to collect the agency’s full financial records, which include public and private funds. JobsOhio also said it will eventually pay back $1 million in public funds. Gov. John Kasich and other Republicans argued only public funds can be checked by the state auditor, but Yost says he’s allowed to seek a full audit. Kasich and the Republican-controlled legislature approved JobsOhio in part to replace the Ohio Department of Development, which can be fully audited.In a letter to the Latino Affairs Commission, Ohio Attorney General Mike DeWine wrote that the children of illegal immigrants should be eligible for driver’s licenses under President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) initiative, which allows the children of illegal immigrants to qualify for a social security number and work permit. DeWine’s letter is not legally binding, but since it’s coming from the state’s top legal adviser, it could put pressure on the Bureau of Motor Vehicles’ legal team as it continues reviewing Ohio’s driver’s license policy.Policy Matters Ohio, a left-leaning policy research group, is pushing an earned income tax credit (EITC) that could act as a progressive replacement for Gov. John Kasich’s tax plan. The tax credit benefits low- and middle-income people, particularly those with kids. The Policy Matters report says the federal EITC has been one of the most effective anti-poverty policies in the United States. A bill that will limit the referendum process was pushed through the Ohio House Policy and Oversight Committee, despite warnings from members of the League of Women Voters and Democrats that the bill might draw a constitutional challenge. The bill would give petitioners 10 days to collect additional signatures if their initial submission falls short. Under current law, members can continuously collect signatures while the secretary of state and boards of elections verify the initial batch. The Ohio Constitution gives petitioners 10 days to file, not collect, additional signatures. Councilman P.G. Sittenfeld unveiled his three-pronged strategy for reducing city blight. The plan would encourage the passage of a state law that would allow people to trespass abandoned properties to remediate them, focus demolition resources on hazardous buildings and expand the city’s vacant foreclosed property registry. A report from Catalyst for Payment Reform and Health Care Incentives Improvement Institute gave Ohio and six other states a D for health care transparency. Twenty-nine states got an F, and only New Hampshire and Massachusetts got A’s.Ohio lawmakers are poised to raise the speed limit on interstates in rural areas to 70 mph. When The Huffington Post asked Ohio Sen. Rob Portman if he wished it hadn't required a personal experience with gay marriage to alter his position to favor marriage equality, he responded, “Well, it did.” He added, “I'm more of an economic policy wonk. That's always been my background and focus: budget issues and economic growth issues. … That’s just where I was.” Portman came out in support of same-sex marriage two years after finding out his son is gay. T.J. Lane, the convicted Chardon High School shooter, will spend the rest of his life in prison after murdering three Ohio students. At hearings yesterday, Lane smiled and mocked the victims’ families. Cincinnati Children’s Hospital is looking to fill more than 1,000 jobs. NASA's advice for a near-term meteor strike: “Pray.” Due to a severe lack of funding, NASA does not have the proper technology to detect all the small asteroids in orbit that could level cities. If a deadly asteroid is detected, the current plan is to crash a spacecraft on it to slow it down or alter its course. Would you get a vampire facial?

Policy Matters Ohio is now pushing an earned income tax credit (EITC) that would benefit the state’s poor and middle class, including more than 822,000 working families. The plan could be a progressive replacement for Republican Gov. John Kasich’s proposed tax plan, which some reports claim disproportionately benefits the wealthy. The EITC is a tax credit targeted at working people who have low to moderate income, particularly those with children. It is currently used by the federal government, 24 states and Washington, D.C. The report from Policy Matters, a left-leaning policy research group, found a 10-percent EITC would cost about $184 million per year, producing an estimated $224 million in economic benefits, and a 20-percent EITC would cost about $367 million per year, producing an estimated $446 million in economic benefits. If state legislators set aside Gov. John Kasich’s tax proposals, the state would be left with about $280.4 million in general revenue available for fiscal year 2014 and about $690.2 million available in fiscal year 2015, according to an analysis of Kasich’s budget bluebook. That would be more than enough money in fiscal year 2014 to pay for a 10-percent EITC, and even a 20-percent EITC would only eat up about half of available funds in fiscal year 2015. Using a model from the nonpartisan Institute for Tax and Economic Policy, the Policy Matters report found a state EITC would benefit Ohioans making less than $51,000 per year. Under a 10-percent credit, qualifying families making less than $18,000 would get $190 on average, qualifying families making between $18,000 and $33,000 would get $323 on average and qualifying families making between $33,000 and $51,000 would get $149 on average, according to the report. Under a 20-percent credit, benefits would be bumped up to $381 on average for qualifying families making less than $18,000 per year, $646 on average for qualifying families making between $18,000 and $33,000 and $298 for qualifying families making between $33,000 and $51,000, according to the report. These benefits would then be spent in a way that helps families, local communities and small businesses, according to the Policy Matters report: “Families that claim the EITC use the refunds to pay for basic needs like housing, food, transportation and child care. These purchases stimulate local economies. A number of studies focusing on the economic impacts of the EITC find that small businesses and other taxes benefit from a cash infusion into the local economy.” The report claims a state EITC would also result in a fairer tax system that better helps the state’s low- and middle-income earners, stronger incentives to work and better social and economic results for EITC recipients. The Policy Matters report touts the federal EITC, which was created by former President Gerald Ford in 1975 and has been expanded by every presidential administration since, to support adopting a similar policy in the state: “The federal Earned Income Tax Credit does more than any other program to keep working families out of poverty. … (It) is lauded for its direct impact in keeping families with children above the poverty line, making work pay, and sending federal dollars to local communities.” Anyone making $50,270 a year or less qualifies for the federal EITC. The tax credit is built so it particularly benefits families with children, and it “encourages families making at or near minimum wage to work more hours since the credit has a longer, more gradual phase-out range compared to other programs,” according to the Policy Matters report. The report says the federal EITC has already benefited more than 950,000 Ohio families with an average refund of $2,238. In previous analyses, Policy Matters found Kasich’s tax proposals disproportionately benefit the wealthy and actually raise taxes on the state’s poor and middle class (“Smoke and Mirrors,” issue of Feb. 20). But Kasich says his tax plan will cut taxes for “job creators,” particularly the state’s small businesses. The governor’s tax proposals are facing bipartisan resistance, and the Republican-controlled Ohio House is currently considering setting the proposals aside while the rest of the budget is worked out, according to Gongwer. In a press conference on March 14, local officials around the state, including Councilman P.G. Sittenfeld, suggested dropping income tax cuts and instead using the revenue to restore local government funding cuts, which have totaled $1.4 billion since Kasich took office.